ORD 22-05Of
ver
Ordinance 22-05
An Ordinance Amending Chapter, 30, Article VI, Division 2, and adding
Subdivision V, Site Plan Review and Approval to the City of Elk River, Minnesota,
City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That Chapter, 30, Article VI, Division 2 shall be amended to add Subdivision V, Site
Plan Review and Approval, to the City of Elk River Code of Ordinances shall be amended to read as
follows:
Subdivision V - Site Plan Review and Approval
Sec. 30-681. Purpose.
This subdivision is established to provide comprehensive site ,plan review procedures and
`^ standards for city review of developments (other than single-family detached dwellings any
fan dwellings) seel&g to locate or expand within the cjU. This ptocedute will provide the city
with the o ortuni to ensure a development's conformance with the city development regulations
and to provide the city with a reasonable degree of discretion in determining th�tability of a
development proposal. In making a determination whether or not a site plan is to be approved, the
cite will consider all applicable ordinance development standards, the nature of the land and/or
buildings proposed to be developed or redeveloped, the impacts of the proposed development on
adjoining properties and roads, and all other or further factors as the city shall deem appropriate for
consideration in determining the effect of the proposed development on the general welfare, public
health, and safety. The site plan review_ procedure is also intended to ensure the development of
capable and quality site systems in the areas of:
(1) Utilities.
(2 Transportation.
(3) Site drainage.
(4) Open spaces.
(5) Site environment and landscaping.
(6) Structureilot area relationships.
Sec. 30-682. General requirements.
a� At >lication or roval. An application for site plan approval must be filed with the cir:y for all
developments (except for single-family detached and two-family dwellings) within the city
Such application shall be filed with the director of community development, or their designee,
on an official application form and shall be accompanied by a fee and any surety, escrow, or
deposit as provided for by the city council as set forth in the adopted fee schedule. Formal
review and approval of the plans must be granted as provided in this subdivision before any
related site develo$ment can be pursued.
(1) An exception from the site plan approval requirement may be granted when a new
permitted use is proposed on the site of an existing approved use, and there will be no
exterior additions,_ expansions, increase in height, or modifications to the existing approved
site plan on file with the city. In granting an exception, city staff will review parking and
circulation standards to ensure compliance with cif requirements.
(b) Oavnersbi4 o,(;proberly. An application for site plan approval must be filed by the landowner or
jointly by all landowners of the property -proposed to be developed. The application and all
submissions must address development of the property as a whole. In the case of multiple
ownersW, the approved final site plan shall be binding on all owners.
�c] Consistency+ nitb com4rebensive plan and Zoning Mulationr The proposed site elan shall be consistent
with the ci.�'s comprehensive .plan and this chapter.
(d) Plan submission. Digital site plans shall be submitted to the community- development department
with all required information. The application shall be considered as officially submitted only
when all the information and fee requirements are met.
(7 Contents. All site plan submissions shall be drawn to a scale of one inch equals 50 feet or less
(engineering scale onW and be produced in a fashion which ensures legibility and clarity. The
site plan shall contain at least the following information, and all additional information as
required by city: staff:
(1) General injbrmation.
a. The landowner's name, address and phone number.
b. The anplicant's name. address and phone number. if different from the landowner
and his interest in the subject property.
C. The names, addresses and phone numbers of all professional consultants who have
contributed to the development of the plan being submitted. including the architect,
land planner. engineer, surveyor, and attornek
d. Evidence that the applicant has sufficient control over the subject peopem to
effectuate the proposed site 121an.
e. Date of plan preparation.
f. Dates and descriptions of all revisions.
g. North point indication.
121 Present surrounding area status.
a. The address and legal description of the subject property.
b. The existing zoning classification and ,present use of the subject property and all
lands within 200 feet of the subject property.
C. A plan showing the precise location of existing streets. properm, lines, easements,
water mains, and storm and sanitoj- sewers with invert elevations on and within 100
feet of the subjectprWerrv.
(3) Present on -site status. All of the graphics should be the same scale to allow easy cross-
reference.
a. Contours at minimum two -foot intervals on and within 20 feet of the subject
ro er .
b. Location, type. and extent of tree cover.
C. Sufficient spot elevations and/or contours to indicate changes in slope on and within
20 feet of the subject pgppeM. Elevations of the centerline and gutter line of exis
streets at each proposed access must be shown.
d. Location and extent of water bodies, wetlands and streams, and floodplains within
300 feet of the subject propem..
e. SigWficant rock outcroppings.
£ Existing drainage patterns.
g. Vistas and significant views.
h. Soil conditions as they affect development.
(4) Utilit,lan. Plans indicating the location of water and sanitary sewer lateral and service
locations. Also indicated shall be the size and type of pipe and all other information, such
as hydrants and cleanouts as ma f be rgquired by the ciry en ' eer.
{5] Proper_y dimension plan. Plans showing property lines, dimensions, lot area, required yard
setbacks, easements and rights -of -way of the property and any significant tonogran_ lu�r
physical features of the property based upon a certified survey.
6 Structure in ormation plan. Plans showing the location size use and arrangement, including
height in stories and feet and total square feet of ground area coverage and floor area, of
12r9posed buildings. Also Provided shall be architectural plans showing building elevations
and exterior wall finishes of proposed buildings.
(7] Internal circulation flan. Plans showing the location, dimensions and number of driveways.
entrances, fire lanes, concrete entrance aprons, curb cuts, concrete curbing and gutter,
parking stalls.12arking lot islands, loading spaces, access aisles, concrete sidewalks, and all
other circulation elements of the site.
a. All site elements as listed in this subsection shall have noted on the plan a related
cross section of element com osition and construction des'
b. All material compositions, i.e., bituminous, gravel. concrete, sod, etc., shall be noted
on the plan.
C. Sot elevations including high points, corners of parldng lots and existing street
elevations, shall also be shown on the plan.
(8) Land"a. screeninX and berminplan. Plans showing detailed locations, sketches, and
provisions of existing; and required landscaping, berming, and screening elements of the
site.
a. All those related elements which will be removed shall be hroperl; noted on the plan.
b. All plant screenin and landscaRing elements shall be broken out into types. sizes
and total numbers proposed in theplan.
C. All fences shall be shown and related elevations and cross sections Provided.
(2) Grading and drainage glans Plans showing all existing and proposed site contours in no more
than two -foot contours.
a. Also provided shall be detailed site drainage plans, including the detailing of the site's
storm sewer system with catch basins and invert elevations.
b. Casting tunes must be shown for all catch basins.
(10) Erosion control7lan, Plans for site erosion control as xeqnired by the city engineer.
(11) I z ng-plan. Plans showing location, height. and candlepower of all luminaries on the site.
All narking lot lighting standards located within the parking lot area must be located
within parking lot islands.
12 Sta in lrrn. If the .to'ect is to be constructed in several stages all stages shall be clml
detailed out on the plan. This shall also include future expansion elements of a proposal.
(13) Sign plan. Plans showing a_ll proposed signage for the site in accordance with the city's sign
ordinance, beginning with Sec 30-851.
Sec. 30-683. Procedure for review and approval.
(a) Reviesv andAroval.
(1) Upon submission of a complete site plan as specified in section 30-682, city staff shall
circulate the site plan to all Appropriate 6ty de ttnents and county, state and federal
agencies for their review and comment.
(2) Upon receipt of all department and agency reviews, the planning department will provide
the applicant with a comment letter summarizing; the findings. The applicant may request
a meeting to review the letter with pertinent city staff.
(3) For developments which require additional Planning Commission, Board of Adjustments.
and/or City Council aWrovals the planning, department comment letter will include a
recommendation of whether to approve deny the site plan, and the final decision on
approval of the site plan will be made by the body acting on the other rewired
a roval s .
(4� For developments which do not rewire additionalapprovals, the planning departments
comment letter shall approve, approve with conditions, or deny site plan approval. Denial
of site plan approval 4 the planning department mats be appealed to the Board of
Adjustments as provided in Sections 30-633 through 30-638 of this Chapter.
(bl Final sitesite Plan.
i 1 j Put' ose. The final approved site plan serves as a complete. thorough. and permanent public
record of the manner in which the subject site is to be developed. It shall incorporate all
revisions and conditions resulting from the site plan review process.
(2) Submission. A digital plan set shall be submitted to the director of community
development, or their designee. Subsequent to receiving approval of the final site plan, the
anylicant may apply for a building permit.
(3) Preconstruction meetinu. After a building permit has been gWhed for, and before issuance
thereof, a Preconstruction meeting may be requested. At this meeting. the buildine
construction plans will be reviewed and compared with the apRroved final site Plan. If the
building construction plans are not in substantial conformance with the final site Plan, the
buildWg construction plans shall be revised to achieve such conformance.
] Limitation on-finalsite-plan gpmval. Within one year after the approval of a final site Plan, or
such time as may be established by an approved development schedule, construction shall
commence pursuant to the approved site plan.
a. If, after one year from being gjante�d sitePlan approval, the plan as permitted by the
approval shall not have been initiated, then such approval shall be null and void.
b. A request for extension may be made within 30 days before such deadline and shall
state facts showing a good faith attem t to complete or utilize the use permitted in
the site Plan approval.
C. The director of community development; or their designee. shall Place the request on
the agenda of a regularly scheduled council meeting to be held within 30 days of such
filing.
d. The council at its discretion may grant the extension, for not more than one year.
when good cause is shown that such extension is necessary.
e. O&one such extension may be made.
Sec. 30-684. Public Site improvement performance agreement and surety.
a Upon approval of a final site plan and prior to the issuance of buildingpertnits or initiation of
work on the proposed im rovement or develoi2ment, the developer shall execute a
performance agreement setting out Public site improvement items and terms of completion of
such items. The performance a Bement and aLiy surety Le
quired therein must be approved b
the city attorney.
Anv surety reauired by the performance agreement shall be noncancellable and shalleuarantee
conformance and compliance with the conditions of the site plan approval, the performance
agreement and the ordinances of the city.
(c] The city shall hold the surety for such period of time as set forth in the performance
agreement.
1 Periodically,the amount of the surety may be reduced in writing,by the director of
community development or their des' ee.
f2a Reduction and release actions will only be initiated after proper request has been made by
the developer.
(d) Failure to comply with the conditions of the site plan ap rs� oval, the performance agreement or
the ordinances of the city shall result in forfeiture of the surety. to the extent necessary to
achieve the project's total compliance with the a0roved site plan.
to be removed
Underlines to be added
Sec. 30-685. Issuance of building permits and other permits.
Except as otherwise expressly provided in this subdivision, upon receiving notice from the
director of community development, or their designee, that the final site plan has been approved
and a properly executed .performance agreement has been received: and upon application of the
applicant pursuant to the applicable ordinances of the cif. all a )prol)riate officials of the city may
issue building and other perinits to the applicant for develol2menL construction and other work in
the area encom )assed by the final site plan, provided,however, that no such pertnit shall be issued
unless the appropriate official is first satisfied that the requirements of all codes and ordinances
which are applicable to the permit sought have been satisfied.
SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 22nd day of February, 2022.
ATTEST: .
Tina Allard, City Clerk
Last Updated January 2019
Vn "e,yor
! 1 1 E I f 1 1 I
NATLWEI
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r
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CITY OF ELK RIVER
RESOLUTION 22-14
A RESOLUTION OF THE
CITY OF ELK RIVER
APPROVING NOTICE OF
SUMMARY PUBLICATION
OF ORDINANCE #22-05 AN
ORDINANCE OUTLINING
THE SITE PLAN REVIEW
AND APPROVAL PROCESS
WHEREAS, on February 22,
2022, the Elk River City Council
adopted Ordinance 22-05 approv-
ing an ordinance laying out the Site
Plan Review and Approval process;
and
WHEREAS, the ordinance de-
scribes the application require-
ments and procedures for site plan
review and approval in accordance
with the standards outlined in
Chapter 30; and
WHEREAS, a copy of the full
text of the ordinance is available
for inspection by any person at the
office of the Elk River City Clerk,
13065 Orono Parkway, during reg-
ular business hours; and
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council, by at
least four -fifths vote, authorizes the
publication of the title and summa-
ry of Ordinance 22-05.
The motion for adoption of the
foregoing resolution was intro-
duced by Councilmember West-
gaard and was duly seconded by
Councilmember Christianson, and
upon vote being taken thereon, the
following voted in favor thereof:
Mpyor Dietz,__ Councilmembers
Christianson, Westgaard. Bev-
er. and Yywner and the following
against: none, whereupon said res-
olution was declared duly passed
and adopted.
The following members were
present: Mayor Dietz, Councilmem-
bers Christianson. Westoaard. Bev-
er and Wa ner and the following
absent: none.
Passed and adopted this 22nd
day of February 2022.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Published in the
Star News
February 26, 2022
1208603
Ad ID 1208603