5.1. PCSR 02-27-2024Request for Action
To Item Number
Planning Commission 5.1
Agenda Section Meeting Date Prepared by
Public Hearings February 27, 2024 Zack Carlton, Community Development Director
Item Description Reviewed by
Venture Pass Partners, LLC – Randy Rauwerdink for Chris Leeseberg, Senior Planner
Spectrum Schools
Reviewed by
Land Use Amendment, Case No. LU 24-01
Preliminary Plat of Elk River SBC Addition, Case
No. P 23-14
Action Requested
Recommend, by motion, approval of the land use amendment
extending the Business Park and Public/Semi-Public land use
categories.
Recommend, by motion, approval of the Preliminary Plat of Elk River
SBC with the following conditions:
1. The City Council must approve the associated land use
amendment (LU 24-01)
2. The applicant and the city shall enter into an agreement
approving use of the proposed right-of-way as a driveway for
lot 2 and noting that the city will not maintain the right-of-way
until a city street is constructed to city standards which will be
required should the parcel develop into a use other than a
billboard in the future.
3. The right-of-way to be dedicated for use as a future street shall
meet all city design standards.
4. The city council must approve an easement vacation to support
the proposed lot configuration and right-of-way location.
5. All easements supporting the overhead electric lines shall
remain in place.
6. Any development within the easements for the overhead power
lines requires approval from the entity managing the
infrastructure.
Background/Discussion
The proposed subdivision includes two existing lots, one buildable and one outlot, which total 10.2 acres. One
lot is a vacant outlot without access to a public street, and the second includes Spectrum High School. The
parcels are also within two zoning districts. The current Spectrum High School lot is zoned BP - Business Park,
and the outlot is zoned I-1 – Light Industrial.
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 subdivision would expand the existing Spectrum parcel to include a portion of the existing outlot (proposed
Lot 1) and plat the remainder of the outlot as a second buildable parcel to support installation of an Advertising
Sign (billboard) on proposed Lot 2. The subdivision also dedicates right-of-way to provide lot 2 with both access
and frontage on a city street.
The proposed Spectrum parcel is also included in an application to establish a Planned Unit Development (CU
23-24) to support development of additional amenities on the existing middle and high school buildings.
Comprehensive Plan
The Comprehensive Plan guides the Spectrum parcel for public/semi-public uses, supporting the proposed use
of the property, however the land use map included the vacant outlot as part of the right-of-way for Highway
169. The proposed land uses for the outlot are consistent with the land use designations located immediately to
the east of the outlot (Industrial designation for lot 2, and Public/Semi-public for lot 1).
In order to approve the preliminary plat, the proposed land use amendment updating the land use designations
for the outlot must be approved as the plat may not be approved without adherence to the city’s comprehensive
plan. The land use amendment essentially carries the same land use categories west to the actual right-of-way for
Highway 169.
Access and Circulation
The plat dedicates right-of-way for a new cul-de-sac, providing access and frontage to a public street for the
proposed lot 2. However, as the only proposed use of lot 2 is for a billboard, generally only requiring a driveway
for infrequent access, the applicant has requested approval to leave the right-of-way undeveloped. Staff and the
city attorney have reviewed their proposal and support the request. However, should the parcel develop into a
use other than a billboard in the future, the right-of-way must be developed to city standards and at the
developer’s expense. Staff have included a condition of approval requiring an agreement between the city and
applicant to memorialize the arrangement.
The proposed lot 1 is an expanded parcel housing the existing high school building and will continue to utilize
the driveway access on Industrial Circle.
Engineering, Stormwater, and Environmental
A wetland delineation for the parcel was reviewed last fall and received approval in September 2023. There was
concern that the location of the right-of-way was in a wetland, but the delineation did not identify a wetland in
the area.
There are no public improvements proposed as part of the proposed plat, but the right-of-way must meet all city
standards to support possible development of a street and cul-de-sac in the future.
Applicable Regulations
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.
The proposed subdivision is consistent with all zoning regulations. The parcels meet the minimum size
requirements for the proposed zoning districts (I-1 and BP) and the two parcels will have access and
frontage to a public right-of-way.
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.
As noted above, the Comprehensive Plan inadvertently lumped the existing outlot into right-of-way for
Highway 169. The proposed uses are consistent with the adjacent land uses, and as such are consistent
with the intent of the Comprehensive Plan. Staff included a condition to the preliminary plat approval
requiring City Council approval of the requested land use update.
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 are suitable for the type and density of development and uses
contemplated. The applicant completed the required wetland review and there are no additional concerns
regarding the physical characteristics of the site.
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 does not currently propose any development that would require additional infrastructure
beyond electrical needs. Future improvements on the Spectrum parcel will be reviewed separately under a
different review specific to the proposal.
5. The proposed subdivision will not cause substantial environmental damage.
Although trees will be removed to clear space for a driveway to access lot 2, 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.
Existing easements within the plat are proposed to be vacated with an application to the City Council. A
condition of the proposed vacation and subsequent final plat will require replacing all required easements
and the vacation resolution will not support vacation of the easement for the overhead power lines.
7. The proposed subdivision will not have an undue and adverse impact on the reasonable development of neighboring land.
The existing outlot that is included in the subdivision is the last remaining non-developed parcel in the
area. The proposed subdivision will support development of the parcel and will not have an undue or
adverse impact on adjacent properties.
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. Future development of
lot 2 beyond a potential billboard will require utility and street extensions at the developer’s expense.
Financial Impact
None
Mission/Policy/Goal
Meet changing needs - Agile
Work with businesses to achieve goals
Attachments
Location Map
Land Use Graphics
Preliminary Plat
Spectrum
Prelim/Final Plat
Industrial Circle
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