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4.8. PCSR 06-27-2023Request for Action To Item Number Planning Commission 4.8 Agenda Section Meeting Date Prepared by Public Hearings June 27, 2023 Zack Carlton, Community Development Director Item Description Reviewed by BK Land Development, 13161 US Highway 10 NW Chris Leeseberg, Senior Planner  Zone Change from C3 Highway Commercial to R- Reviewed by 1c Single-Family Residential, Case No. ZC 23-07  Preliminary Plat of The Cove, Case No. P 23-035 Action Requested Recommend, by motion, approval of the proposed zone change from C3 Highway Commercial to R-1c Single-Family Residential, with the following conditions: 1. City Council approval of city-initiated Land Use Amendments (LU 23-04). 2. Approval of a variance permitting 66-foot-wide lots in an R-1c zoning district. Recommend, by motion, approval of the Preliminary Plat of The Cove with the following conditions: 1. Council approval of the related Land Use Amendment (LU 23-04), Zone Change (ZC 23-07) 2. The Board of Adjustments must approve a variance permitting 66- foot-wide lots in the R-1c zoning district. 3. The proposed public street and right-of-way must comply with all city design standards. 4. Provide an ingress/egress easement to the benefit of the public, allowing access to the city owned island north of the subject site – commonly referred to as “Boy Scout Island.” 5. Identify flood zones AE and X on the plat. 6. Outlot A must be included in the expanded Right-of-Way to prevent a “spite strip” limiting access to the existing lots west of the site. 7. Staff approval of all site and civil plans. 8. Applicant shall pay for any expensed incurred for address changes of the two existing residential properties??? Background/Discussion The applicant has submitted plans for a five-lot subdivision across Highway 10 from Orono Park on the former bowling alley site. Plans include a single cul-de-sac with all parcels accessing the new road and no additional access to Highway 10. The two existing parcels west of the project site will also utilize the new road for access. These two parcels likely will need address changes. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity. Updated: January 2023 The property is currently zoned C-3 Highway Commercial and the Comprehensive Plan guides the site for Highway Business uses. However, the Planning Commission has been reviewing a number of updates to the land use amendments over the past six months and their recommendations included a change for this lot. Based on previous concept reviews and an understanding that access to this site for commercial uses will likely be limited by MnDOT, the site is proposed to be guided for Mixed-Residential, which will allow single-family development consistent with the proposed project. Additionally, the Planning Commission is reviewing a proposed rezoning to R-1c (Single-Family Residential). The zoning will allow development as a residential project, but will require a variance to allow three lots to be platted below the current design standard of 80-feet wide. A variance will also be needed to address the proposed setbacks of 25-feet for the front yard, and 7.5-feet for the side yards. The city has frequently reviewed these types of projects as a Planned Unit Development (PUD) to address all deficiencies with a single approval. However, the proposed standards are consistent with what has been conceptually discussed as a new zoning district. This district, previously referred to as R-3 (Compact Residential), is targeted for undeveloped lots with a Comprehensive Plan guidance of Mixed Residential and the proposed design standards match what the applicant is proposing with this project. With that background, staff recommends a variance to address short-term concerns and avoid the long-term zoning and administration challenges associated with a PUD. Applicable Regulations Zone Change In reviewing a proposed amendment, consideration shall be given to existing conditions within the area directly and indirectly affected by the proposal, the conservation of property values, the use to which the property affected is being devoted at the time, and relevant provisions, if any, in the land use plan. The city-initiated land use amendment (LU 23-04) will update the land use guidance for the subject site to Mixed- Residential. With that update, the proposed zone change will comply with the Comprehensive Plan. Preliminary Plat City ordinance section 30-375 outlines the required findings for approval of a Preliminary Plat. 1. The proposed subdivision is consistent with the zoning regulations (article VI of this chapter) and conforms in all respects with all requirements of this Code, including the zoning regulations and this article. In addition to the city-initiated land use amendment and the zone change, the subdivision will require a variance for the minimum lot width. This has been added as a condition of approval and the variance must be approved prior to the Council’s review of the final plat. 2. 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 development plan. With the city-initiated land use amendment (LU 23-04), the subdivision will be 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 characteristics of the site support the proposed use. The entire subdivision is within the shoreland management district and impervious coverage of the lots will be limited to 25 percent. This includes structures, driveways, patios, sidewalks, etc. Ordinance also includes additional setback requirements from Lake Orono, which must be met at the time of building permit. 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation, erosion control and all other services, facilities and improvements otherwise required in this article. The subdivision includes public utilities and stormwater infrastructure that meets city requirements. All homes are required to connect to city utilities. MnDOT has also reviewed the project for compliance with access standards to Highway 10, and they have provided written support for the project as proposed. Additional permits required to comply with erosion control standards are required and must be secured prior to building permit issuance. 5. The proposed subdivision will not cause substantial environmental damage. City ordinances include additional standards due to the proximity to Lake Orono. These standards will be administered through the building permit process and will ensure protection for the surrounding natural areas. 6. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court. There are no conflicts with easements of record. 7. The proposed subdivision will not have an undue and adverse impact on the reasonable development of neighboring land. The two parcels to the west are developed. One has a single-family home and the second has a building that had been used for a small business until recently. Access to these parcels will be provided through the removal of the proposed Outlot A and expanded right-of-way. 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 systems. 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 Zone Change and Preliminary Plat, the proposed project meets the standards, and is recommended for approval with the outlined conditions. Financial Impact None Mission/Policy/Goal Supports the growth and development of the residential community. Attachments  Location Map  Site and Civil Plans  Preliminary Plat h SITE i4` v BLOCKMa 1 1 s `O N f 1 1 1 1 i kz U. S. H I G H W A Y N O. 1 0ΔORONO LAKECBSURVEY REPORTThis map and report was prepared with the benefit of a Commitment for Title Insurance issued by CHB Title,LLC Title Insurance Company, File No. 57957, dated January 23, 2023.1)We note the following with regards to Schedule B of the herein referenced Title Commitment:a)Item no.'s 1-9 are not survey relatedb)Item no. 10 Subject to Final Certificate in matter of the condemnation of certain lands for trunk highway purposes, filed August 18, 1943, as Document No. 66882.Shown Hereon Bc)Item no. 11 Subject to Highway 10 Northwest as laid out and traveled. Shown Hereon Cd)Item no. 12 Property inspection indicates there are overhead power lines on subject property, rights of the utility company are specifically excluded.e)item no. 13 Rights of the public and the State of Minnesota in and to that portion of the insured premises lying below the natural high water mark of Orono Lake.f)item no. 14 Riparian rights are neither guaranteed nor insured herein.2)Features on the site were located to the best of our ability. Due to seasonal conditions at the time of the fieldwork for this certification additional features may not have been visible and therefore not shown hereon.Bearings are based on the Sherburne CountyCoordinate System (NAD 83 - 1986 adj.)VICINITYMAPNOSCALENORTHSURVEY LEGENDXXWBSRRGNNE ENI G EDESIENN SATHRE-BERGQUIST, INC.SUSSYRS OE R EVRPLAALTA/NSPS LAND TITLE SURVEYPREPARED FOR:BK LAND DEVELOPMENTNO.BYDATEREVISION1CMT4/27/2023LOCATED OHWLFIELD CREWDM AK DRDRAWNJPRCHECKEDDLSDATE1/27/23USE (INCLUDING COPYING, DISTRIBUTION, AND/ORCONVEYANCE OF INFORMATION) OF THIS PRODUCT ISSTRICTLY PROHIBITED WITHOUT SATHRE-BERGQUIST, INC.'sEXPRESS WRITTEN AUTHORIZATION. USE WITHOUT SAIDAUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE ANDSHALL THEREBY INDEMNIFY SATHRE-BERGQUIST, INC. OFALL RESPONSIBILITY. SATHRE-BERGQUIST, INC. RESERVESTHE RIGHT TO HOLD ANY ILLEGITIMATE USER OR PARTYLEGALLY RESPONSIBLE FOR DAMAGES OR LOSSESRESULTING FROM ILLEGITIMATE USE.To: BK Land Development, Florence Hickman, CHB Title, LLC, and Old Republic National Title Insurance Company:This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2021 Minimum Standard DetailRequirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items 1 - 5, 6a, 8, and 11b ofTable A thereof. The field work was completed on January 27, 2023.Date of Plat or Map: April 27th, 2023________________________________________________________Daniel L. Schmidt, PLS Minnesota License No. 26147Sherburne County1FILE NO.1100954-001ELK RIVER,MINNESOTATWP:33-RGE.26-SEC.3214000 25TH AVENUE NORTH, SUITE 120PLYMOUTH MN 55447 (952) 476-6000WWW.SATHRE.COM0SCALE IN FEET4020204080DESCRIPTION OF PROPERTY SURVEYED(Per Schedule A of the herein referenced Title Commitment)That part of West One-half of the Northeast Quarter of Section 32, Township 33, Range 26, lying North of the Right-of-way of U.S. Highway 10, as presently located and established and South of the Southerly shore line of Lake Orono; so-called, except that part thereofheretofore acquired by the State of Minnesota for highway purposes, Sherburne County, Minnesota.ALTA/NSPS OPTIONAL TABLE A NOTES(The following items reference Table A optional survey responsibilities and specifications)2)Site Address: 13161 Highway 10, Elk River, Minnesota 553303)Flood Zone Information: This property appears to lie in Zone X (area determined to be outside of the 0.2% annual chance floodplain) per Flood Insurance Rate Map, Community Panel No. 27141C0390F, effective date of November 16, 2011. And Zone AE (Areas subjectto inundation by the 1-percent-annual-chance flood event determined by detailed methods. Base Flood Elevations (BFEs) are shown. Mandatory flood insurance purchase requirements and floodplain management standards apply.) per Flood Insurance Rate Map,Community Panel No. 27141C0380F, effective date of November 16, 2011.4)Parcel Area Information: Gross Area:134,167 ± s.f.~ 3.080 ± acres*We do not affirmatively insure the quantity of acreage set forth in the description5)Benchmark: Elevations are based on MN/DOT Geodetic Station Name: PURPLE which has an elevation of: 893.97 feet (NGVD29).6)Zoning Information: The current Zoning for the subject property is C3 (Highway Commercial) per the City of Elk River's zoning map dated May 5, 2021. The setback, height, and floor space area restrictions for said zoning designation are as follows:Principal Structure Setbacks - Street(s): 25 feet (Highway 10) Side: 20 feet Rear: 40 feet Lake: 50 feet (From Ordinary High Water Line) Height: 45 feet Hardcover: 40 percent of lot area*Please note that the zoning information shown hereon may have been amended through a city process. We recommend that a zoning letter be obtained from the Zoning Administrator for the current restrictions for this site. All setback information and hardcover datafor planning and design must be verified by all parties involved in the design and planning process prior to any planning or construction.We have not received the current zoning classification and building setback requirements from the insurer.7)Utilities: We have shown the location of utilities to the best of our ability based on observed evidence together with evidence from the following sources: plans obtained from utility companies, plans provided by client, markings by utility companies and other appropriatesources. We have used this information to develop a view of the underground utilities for this site. However, lacking excavation, the exact location of underground features cannot be accurately, completely and reliably depicted. Where additional or more detailedinformation is required, the client is advised that excavation may be necessary. Also, please note that Seasonal conditions may inhibit our ability to visibly observe all the utilities located on the subject property. A Gopher State One Call was submitted for this survey. Pleasereference Ticket No. 230250243 for a list of utility operators in this area. INFILTRATION BASINNWL - 878.0HWL - 880.0SMH (RECORD PLAN)RIM: 986.34INV: 972.89ORONO LAKE(GENERAL DEVELOPMENT)OHWL - 871.523,108 SQ. FT.0.53 ACRES1ROW72,090 SQ. FT.0.05 ACRESOUTLOT A39,830 SQ. FT.0.91 ACRES521,851 SQ. FT.0.50 ACRES411,558 SQ. FT.0.27 ACRES314,649 SQ. FT.0.34 ACRES2ΔΔΔ Δ ΔROAD 1 ΔORONO LAKEU.S. HIGHWAY NO. 10BLOCK 1Bearings are based on the Sherburne CountyCoordinate System (NAD 83 - 1986 adj.)VICINITYMAPNOSCALENORTHSURVEY LEGENDXXWBSRRGNNE ENI G EDESIENN SATHRE-BERGQUIST, INC.SUSSYRS OE R EVRPLAPRELIMINARY PLATTHE COVEPREPARED FOR:BK LAND DEVELOPMENTNO.BYDATEREVISIONFIELD CREWXXXDRAWNCMTCHECKEDDLSDATE5/10/2023USE (INCLUDING COPYING, DISTRIBUTION, AND/ORCONVEYANCE OF INFORMATION) OF THIS PRODUCT ISSTRICTLY PROHIBITED WITHOUT SATHRE-BERGQUIST, INC.'sEXPRESS WRITTEN AUTHORIZATION. USE WITHOUT SAIDAUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE ANDSHALL THEREBY INDEMNIFY SATHRE-BERGQUIST, INC. OFALL RESPONSIBILITY. SATHRE-BERGQUIST, INC. RESERVESTHE RIGHT TO HOLD ANY ILLEGITIMATE USER OR PARTYLEGALLY RESPONSIBLE FOR DAMAGES OR LOSSESRESULTING FROM ILLEGITIMATE USE.Sherburne County1FILE NO.1100954-001ELK RIVER,MINNESOTATWP:33-RGE.26-SEC.3214000 25TH AVENUE NORTH, SUITE 120PLYMOUTH MN 55447 (952) 476-6000WWW.SATHRE.COM0SCALE IN FEET4020204080DESCRIPTION OF PROPERTY SURVEYED(Per Schedule A of the herein referenced Title Commitment)That part of West One-half of the Northeast Quarter of Section 32, Township 33, Range 26, lying North of the Right-of-way of U.S. Highway 10, as presently located and established and South of the Southerly shore line of Lake Orono; so-called, except that part thereofheretofore acquired by the State of Minnesota for highway purposes, Sherburne County, Minnesota.ALTA/NSPS OPTIONAL TABLE A NOTES(The following items reference Table A optional survey responsibilities and specifications)2)Site Address: 13161 Highway 10, Elk River, Minnesota 553303)Flood Zone Information: This property appears to lie in Zone X (area determined to be outside of the 0.2% annual chance floodplain) per Flood Insurance Rate Map, Community Panel No. 27141C0390F, effective date of November 16, 2011. And Zone AE (Areas subjectto inundation by the 1-percent-annual-chance flood event determined by detailed methods. Base Flood Elevations (BFEs) are shown. Mandatory flood insurance purchase requirements and floodplain management standards apply.) per Flood Insurance Rate Map,Community Panel No. 27141C0380F, effective date of November 16, 2011.4)Parcel Area Information: Gross Area:134,167 ± s.f.~ 3.080 ± acres*We do not affirmatively insure the quantity of acreage set forth in the description5)Benchmark: Elevations are based on MN/DOT Geodetic Station Name: PURPLE which has an elevation of: 893.97 feet (NGVD29).6)Zoning Information: The current Zoning for the subject property is C3 (Highway Commercial) per the City of Elk River's zoning map dated May 5, 2021. The setback, height, and floor space area restrictions for said zoning designation are as follows:Principal Structure Setbacks - Street(s): 25 feet (Highway 10) Side: 20 feet Rear: 40 feet Lake: 50 feet (From Ordinary High Water Line) Height: 45 feet Hardcover: 40 percent of lot area*Please note that the zoning information shown hereon may have been amended through a city process. We recommend that a zoning letter be obtained from the Zoning Administrator for the current restrictions for this site. All setback information and hardcover datafor planning and design must be verified by all parties involved in the design and planning process prior to any planning or construction.We have not received the current zoning classification and building setback requirements from the insurer.7)Utilities: We have shown the location of utilities to the best of our ability based on observed evidence together with evidence from the following sources: plans obtained from utility companies, plans provided by client, markings by utility companies and other appropriatesources. We have used this information to develop a view of the underground utilities for this site. However, lacking excavation, the exact location of underground features cannot be accurately, completely and reliably depicted. Where additional or more detailedinformation is required, the client is advised that excavation may be necessary. Also, please note that Seasonal conditions may inhibit our ability to visibly observe all the utilities located on the subject property. A Gopher State One Call was submitted for this survey. Pleasereference Ticket No. 230250243 for a list of utility operators in this area.DEVELOPMENT DATA5 Single Family LotsStreet: 50' ROW - 28' B-BCDS - 50' RSETBACKSFrontyard Setback: 25'Corner Setback: 25'Sideyard Setback: 7.5'/7.5'Rearyard Setback: 30'PREPARED BYPREPARED FORENGINEERSATHRE-BERGQUIST, INC.150 SOUTH BROADWAYWAYZATA, MINNESOTA 55391PHONE: (952) 476-6000FAX: (952) 476-0104CONTACT : ERIC R. JOHNSON, P.E.EMAIL: EJOHNSON@SATHRE.COMDEVELOPERBK LAND DEVELOPMENT12929 DEERWOOD LANEDAYTON, MN 55327CONTACT:ZACH BROWNPHONE: (763) 202-9642EMAIL: ZACHBROWN@EDINAREALTY.COMI hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly LicensedLand Surveyor under the laws of the State of Minnesota.Dated this 10th day of May, 2023.________________________________________________________Daniel L. Schmidt, PLS Minnesota License No. 26147schmidt@sathre.comNOT TO SCALE10 66Being 5 feet in width and adjoining lot lines, unless otherwiseindicated, and being 10 feet in width and adjoining right of waylines, unless otherwise indicated, as shown on this plat.10 DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: