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7.1 SR 03-04-2024Request for Action To Item Number Mayor and City Council 7.1 Agenda Section Meeting Date Prepared by Public Hearings March 4, 2024 Zack Carlton, Community Development Director Item Description Reviewed by Elk River SBC Addition Plat, Venture Pass LLC – Chris Leeseberg, Senior Planner PID 75-00659-0115 and 75-00849-0010 Reviewed by  Land Use Amendment - Industrial and Cal Portner, City Administrator Public/Semi-Public  Easement Vacation  Preliminary Plat of SBC Addition  Final Plat of SBC Addition Action Requested Adopt, by motion, a resolution amending the city’s Comprehensive Plan and extending the Industrial and Public/Semi-Public land use categories. Adopt, by motion, a resolution vacating drainage and utility easements to support the platting of Elk River SBC Addition, subject to the easement vacation being recorded immediately prior to the recording of the final plat. Approve, by motion, 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 Council must approve an easement vacation to support the proposed lot configuration and right-of-way location. (EV 24-01) 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. Adopt, by motion, a resolution approving the final plat of Elk River SBC Addition with the following conditions: 1. All conditions of approval for the preliminary plat must be satisfied. 2. The final plat must be updated to reflect the vacated easements. 3. The approved wetland boundaries must be included on the final plat. 4. Park dedication shall be paid at the rate applicable when the plat is released for recording. 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 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 subdivision would expand the existing Spectrum High School 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. Easement Vacation The existing high school parcel is within the plat of Elk River Business Park and includes drainage and utility easements dedicated with the plat. The applicant has requested vacation of certain easements on Lot 3, Block 1, Elk River Business Park to support the right-of-way dedication with the plat of Elk River SBC Addition and a perimeter drainage and utility easement that would not be needed after the boundary lines have been adjusted with the new plat. Existing easements related to the overhead power lines will remain in place. Park Dedication City ordinances state that Park Dedication shall be paid for the platting of outlot A. Park Dedication is calculated as a percentage of the county-assessed value for commercial and industrial lots. Lot 1 includes 2.12 acres of the outlot, and lot 2 includes 1.64 acres of the outlot. The current fee schedule requires $376.24. Planning Commission The Planning Commission held a public hearing for the land use amendment and preliminary plat on February 27, 2024. No one spoke during the hearing and no comments for or against the requests have been received. The Planning Commission did not have any questions and unanimously recommended approval of both items. Financial Impact None Mission/Policy/Goal  Meet changing needs - Agile and Work with businesses to achieve goals Attachments  Planning Commission Packet dated February 27, 2024  Final Plat  Easement Vacation Resolution  Land Use Resolution  Final Plat Resolution Request for Action ToItem Number Planning Commission5.1 Agenda SectionMeeting DatePrepared by Public HearingsJanuary 23, 2024Zack Carlton, Community Development Director Item DescriptionReviewed by Venture Pass Partners, LLC –Randy Rauwerdink for Chris Leeseberg, Senior Planner Spectrum Schools Reviewed by Preliminary Plat of Elk River SBC Addition, Case No. P 23-14 Action Requested Recommend, by motion, approval of the Preliminary Plat of Elk River SBC with the following conditions: 1.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 standardswhich will be required should the parcel develop into another use in the future. 2.The right-of-way to be dedicated for use as a future street shall meet all city design standards. 3.The city council must approve an easement vacation to support the proposed lot configuration and right-of-way location. 4.All easements supporting the overhead electric lines shall remain in place. 5.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 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 a billboard (proposed Lot 2). The subdivision also dedicates right-of-way to provide lot 2 with both access and frontage on a city street. 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 proposed Spectrum parcel also included an application to establish a Planned Unit Development to support development of additional amenities on the existing middle and high school buildings. Comprehensive Plan TheComprehensive 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 lot1), essentially carrying 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 another use in the future, the right-of-way must be developed to city standards and 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 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. 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 but 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. Financial Impact None Mission/Policy/Goal Meet changing needs - Agile Work with businesses to achieve goals Attachments Location Map Preliminary Plat City of Elk River City Council Resolution 24-____ A Resolution of the City Council of the City of Elk River Granting a Petition to Vacate Drainage and Utility Easements WHEREAS, pursuant to Minnesota Statutes Section 412.851, after two (2) weeks’ published and posted notice of the hearing and after mailing written notice of the hearing at least ten (10) days before the hearing to each property owner affected by the proposed vacation, the Elk River City Council has conducted a hearing to consider the vacation of the easements legally described in Exhibit A (“Easement”); and WHEREAS, a public hearing on said petition was held on March 4, 2024, 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; and WHEREAS, vacation of the Easements are appropriate as the protections afforded by the easements will be replaced with the recording of the plat of Elk River SBC Addition and with the dedication of public right-of-way. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: 1. The above recitals are incorporated as if fully set forth herein. 2. The petition to vacate the easements, as described in Exhibit A, is hereby granted. 3. The City Clerk is directed to file a certified copy of this Resolution with the Sherburne County Recorder. Vacation of the drainage and utility easement described in Exhibit A shall be effective at the time of recording. Passed and adopted this 4th day of March 2024. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Exhibit A All Drainage and Utility Easements within Lot 3, Block 1, ELK RIVER BUSINESS PARK, according to the recorded plat thereof, Sherburne County, Minnesota. City of Elk River City Council Resolution 24-____ A Resolution of the City Council of the City of Elk River Amending the Comprehensive Plan to Add Industrial and Public/Semi-Public Classifications to Outlot A, ER Ventures Addition 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 February 27, 2024, and recommended approval of the Comprehensive Plan amendment request for Outlot A, ER Ventures Addition, as depicted in Exhibit A, and WHEREAS, the City Council has reviewed the Comprehensive Plan Amendment request and finds the following: 1. The proposed land uses are consistent with the surrounding uses. 2. The uses will not have adverse impacts on the surrounding uses. 3. 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 Comprehensive Plan be amended to extend the Industrial and Public/Semi-Public land use classifications through Outlot A, ER Ventures Addition to the right-of-way with Highway 169. Passed and adopted this 4th day of March 2024. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Exhibit A Resolution 24-____ A Resolution of the City of Elk River Granting Final Plat Approval for Elk River SBC Addition Case No. P 23-15 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 March 4, 2024; 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 1. 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. 3. 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. 5. This final plat approval shall expire two years from the date of this resolution if the final plat is not recorded within that time. th Passed and adopted this 4 day of March 2024. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk EXHIBIT A LEGAL DESCRIPTION OUTLOT A, ER VENTURES ADDITION, Sherburne County, Minnesota AND Lot 3, Block 1, Elk River Business Park, Sherburne County, Minnesota EXHIBIT B CONDITIONS OF APPROVAL 1. All conditions of approval for the preliminary plat must be satisfied. 2. The final plat must be updated to reflect the vacated easements. 3. The approved wetland boundaries must be included on the final plat. 4. Park dedication shall be paid at the rate applicable when the plat is released for recording.