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4.8 SR 05-19-2025The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 4.8 Meeting Date May 19, 2025 Prepared By Zack Carlton, Community Development Director Item Description Resolution 25-24: Final Plat of Vinje Commercial Addition Reviewed by Cal Portner Tina Allard Action Requested Adopt, by motion, Resolution 25-24 approving the final plat of Vinje Commercial Addition, with the following conditions: 1. The plat must show access restrictions to Highway 10/169. 2. The plat will not be released for recording until the following items have been recorded: Land Use Amendment LU 23-03, Zone Change ZC 23-01, and Conditional Use Permit CU 23-06. Background/Discussion On July 17, 2023, the City Council approved a series of applications to support the proposed Vinje Commercial PUD development project. The first phase included a mini-storage facility, and envisions commercial and industrial uses on the remaining area of the property. Previous approvals included a land use amendment, zone change, CUP, and a preliminary plat. The submitted plat generally conforms to the approved plat, but does not include access restrictions to Highway 10/169 as required in the previous approvals. The applicant plans to begin construction of the mini-storage facility soon. Financial Impact None Mission/Policy/Goal Support the growth and development of the community. Attachments 1. Location Map 2. Final Plat 3. Vinje Commercial Addition Resolution 4. Council Staff Report 7-17-2023 Page 81 of 197 Page 82 of 197 VINJE COMMERCIAL ADDITION Meyer-Rohlin SHEET 1 OF 2 SHEETS DRAFT FOR CITY SUBMITTAL - REVISED 02/01/2024 Page 83 of 197 VINJE COMMERCIAL ADDITION Meyer-Rohlin Meyer-Rohlin VICINITY MAP SITE SHEET 2 OF 2 SHEETS DRAFT FOR CITY SUBMITTAL - REVISED 02/01/2024 Page 84 of 197 Resolution 25-24 A Resolution of the City of Elk River Granting Final Plat Approval for Vinje Commercial Addition Case No. P 25-12 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,the preliminary plat of the Property was approved by the City Council on July 17, 2023; 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. Page 85 of 197 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. Passed and adopted this 19th day of May 2025. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Page 86 of 197 EXHIBIT A LEGAL DESCRIPTION That part of the Northeast Quarter of the Southwest Quarter, Section 11, Township 32, Range 26, described as follows: Starting at the Northwest corner of said Northeast Quarter of the Southwest Quarter; thence South along the one-sixteenth line a distance of 521.1 feet to the point of beginning; thence angle left to the East 90 degrees a distance of 275.0 feet; thence angle right to the South 90 degrees a distance of 200.00 feet; thence deflection angle right 69 degrees 27 minutes 30 seconds in the direction of Southwesterly a distance of 273.85 feet, more or less, to the Northeasterly right-of-way of U.S. Highway No. 10; thence Northwesterly on and along said right-of-way line a distance of 66.0 feet to an intersection with the aforesaid one-sixteenth line; thence North along said one-sixteenth line a distance of 232.4 feet, more or less, to the point of beginning; and All that part of the Northeast Quarter of the Southwest Quarter of Section 11, Township 32, Range 26, described as: Beginning at the Northwest corner of said Northeast Quarter of the Southwest Quarter; thence South along the West line thereof 521.1 feet; thence East at right angles 275.0 feet; thence South at right angles 200.0 feet; thence deflect 110 degrees 32 minutes 30 seconds to the left in a Northeasterly direction a distance of 635.72 feet; thence North parallel with said West line of the Northeast Quarter of the Southwest Quarter for a distance of 532.80 feet, more or less, to intersect the North line of said Northeast Quarter of the Southwest Quarter; thence West along said North line 871.13 feet, more or less, to the point of beginning; and All that part of the Northwest Quarter of the Southwest Quarter, of Section 11, Township 32, Range 26, lying east of U.S. Highway No. 10 described as follows: Beginning at the northeast corner of said Northwest Quarter of the Southwest Quarter; thence South on the one-sixteenth line a distance of 521.10 feet; thence angle right to the West 90 degrees a distance of 47.9 feet, more or less, to the Northeasterly right-of-way line of said U.S. Highway No. 10; thence Northwesterly along said highway right-of-way line to its intersection with the North line of said Northwest Quarter of the Southwest Quarter; thence East along said North line to the point of beginning. and All that portion of the Northwest Quarter of the Southwest Quarter, Section 11, Township 32, Range 26, lying east of U.S. Highway No. 10 described as follows: Starting at the northeast corner of said Northwest Quarter of the Southwest Quarter; thence south on the one-sixteenth line a distance of 521.10 feet to the point of beginning; thence angle right to the West 90 degrees a distance of 47.9 feet, more or less, to the northeasterly right-of-way line of said U.S. Highway No. 10; thence southeasterly on and along said right-of-way line a distance of 237.3 feet, more or less, to an intersection with the aforesaid one-sixteenth line; thence north along said one-sixteenth line a distance of 232.4 feet, more or less to the point of beginning. Page 87 of 197 EXHIBIT B CONDITIONS OF APPROVAL 1. The plat must show access restrictions to Highway 10/169. 2. The plat will not be released for recording until the following items have been recorded: Land Use Amendment LU 23-03, Zone Change ZC 23-01, and Conditional Use Permit CU 23-06. Page 88 of 197 Request for Action To Item Number Mayor and City Council 7.8 Agenda Section Meeting Date Prepared by Public Hearings July 17, 2023 Zack Carlton, Community Development Director Item Description Reviewed by Vinje Investments LLC - PID’s75-011-2401, 75-011-Chris Leeseberg, Senior Planner 2120, 75-011-3203, 75-011-3235 Reviewed by a. Land Use Amendment: Business Park to Highway Cal Portner, City Administrator Business b. Zone Change: FAST (H) to Planned Unit Development (PUD) c. Conditional Use Permit: Establish a PUD d. Preliminary Plat: Vinje Commercial Addition Action Requested Adopt, by motion, a resolution approving the Land Use Amendment changing the guidance from Business Park to Highway Business, with the condition that the associated Zone Change (ZC 23-01) and CUP (CU 23- 06) applications shall beapproved bythe City Council. Adopt, by motion, an ordinance approving the zone change from FAST H) to Planned Unit Development (PUD), with the following conditions: 1. City Council approval of associated Land Use Amendment (LU 23-03). 2. A PUD agreement shall be approved by the City Council prior to recording the Zone Change. Approve, by motion, a Conditional Use Permit establishing a Planned Unit Development (PUD), with the following conditions: 1. A PUD Agreement shall be developed and signed by both parties prior to issuance of a building permit. 2. Streets, access, and circulation, must comply with MN State Fire Code Chapter 5 and Appendix D. 3. Staff approval of all site, utility, engineering, and landscaping plans. 4. State approval of permits related to the proposed wetland impacts. 5. Approval of the updated landscape plan. 6. All office and industrial buildings within the PUD shall comply with the Business Park design standards. The ministorage facility is exempt from strict application of this standard, but additional materials must beincluded to improve the overall aesthetic of the project. 7. Fencing clearly visible from the public street shall be ofa wrought iron style. Fencing not clearly visible from the street shall be black chain-link. 8. All outdoor storage areas shall bescreened with a100% opaque fence. 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 Page 89 of 197 9. The driveway access to Twin Lakes Road will be reduced to aright-in-right-out when Twin Lakes Road is improved toa 4-lane divided roadway. 10. Future development phases will be reviewed utilizing the CUP process as outlined in city ordinances. 11. Improvements within city right-of-way are limited topaving, curbing, grading, and utility work. Improvements such as fencing will not be permitted. Approve, by motion, the Preliminary Plat of Vinje Commercial Addition with the following conditions: 1. Council approval ofthe related Land Use Amendment (LU 23-03), Zone Change (ZC 23-01) and Conditional Use Permit (CU 23-06). 2. The preliminary plat shall be updated to include the proposed billboard within Lot 1, Block 1. 3. There will be no future access to Highway 10. Background/Discussion The applicant has submitted updated plans which remove all structures and permanent impacts from the public right-of-way. The updated plans still propose establishment ofa Planned Unit Development (PUD) near the thintersectionofTwinLakesRoadand168 Circle NW. The site is approximately 15 acres, and the concept plan includes a mini-storage facility, future commercial spaces, and future light industrial and office space. These uses are generally consistent with the surrounding uses, but updates to the city’sComprehensive Plan and Zoning Map are required. Some of the proposed land use and zone changes associated with the city-initiated changes come under review later during this meeting conflict with the current request. Ifapproved, staff will update the final land use and zoning map to reflect the change. Planning Commission and Public Hearing Dan Bosshart, president of Preferred Powder Coating, noted the high standard for building materials he was held to during his project review nearly 10 years ago. He requested the Commission hold this project to the same standard as the Council had along-term vision for this area, which should bemaintained. No one else spoke. The Commission discussed the material standards for the proposed PUD and recommended the same Business Park design standards be applied to future industrial and office buildings within the PUD. The Commission also made an exception for the current ministorage project. They felt that due to the current site limits and the economics of a ministorage facility that application of the Business Park standards was not appropriate. Their recommendation requires additional materials (brick, stone, etc.) for the proposed storage buildings, but at a level below the standards required for the rest of the development. With that modification to the conditions of approval for the CUP, they unanimously recommended approval of all four land use applications. Financial Impact None Mission/Policy/Goal Supports the growth and development of the business community. Attachments Planning Commission Packet dated June 27, 2023 Land Use Resolution Zone Change Ordinance Page 90 of 197 Request for Action To Item Number Planning Commission4.1 Agenda SectionMeeting Date Prepared by Public Hearings June 27, 2023 Zack Carlton, Community Development Director Item DescriptionReviewed by Vinje Investments LLC -PID’s75-011-2401, 75-011-Chris Leeseberg, Senior Planner 2120, 75-011-3203, 75-011-3235 Reviewed by Land Use Amendmentfrom Business Parkto Highway Business, Case No. LU 23-03 Zone Change from FAST (H) to PUD, Case No. ZC 23-01 Conditional Use Permit for a Planned Unit Development, Case No. CU 23-06 Preliminary Plat of Vinje Commercial Addition, Case No. P 23-03 Action Requested Recommend, by motion, approval of the Land Use Amendment changing the guidance from Business Park to Highway Business, with the following conditions: 1.The associated Zone Change (ZC 23-01) and CUP (CU 23-06) applications shall be approved bythe City Council. Recommend, by motion, approval of the proposed zone change from FAST (H) to Planned Unit Development (PUD), with the following conditions: 1.City Council approval of associated Land Use Amendment (LU 23-03). 2.A PUD agreementshallbe approved by the City Council prior to recording the Zone Change. Recommend, by motion, approval of the Conditional Use Permit establishing aresidential Planned Unit Development (PUD), with the following conditions: 1.A PUD Agreement shall be developed and signed by both parties prior to issuance of a building permit. 2.Streets, access, and circulation, must comply with MN State Fire Code Chapter 5 and Appendix D. 3.Staff approval of all site, utility, engineering, and landscaping plans. 4.State approval ofall wetland permits related to the proposed wetland impacts. 5.Approval of theupdated landscape plan 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 Page 91 of 197 6.Buildings within the PUD shall comply with the Business Park design standards. This applies toall facades clearly visible from public streets. 7.Fencing clearly visible from the public street shall be of a wroughtiron style. Fencing not clearly visible from the street shall be black chain-link. 8.All outdoor storage areas shall be screened with a 100% opaque fence. 9.The driveway access to Twin Lakes Road will be reduced to a right-in-right-out when Twin Lakes Road is improved to a 4-lane divided roadway. 10.Future development phases will be reviewed utilizing the CUP process as outlined in city ordinances. 11.Improvements within city right-of-way are limited to paving, curbing, grading, and utility work. Improvements such as fencing will not bepermitted. Recommend, by motion, approval of the Preliminary Plat of Vinje Commercial Addition with the following conditions: 1.Council approval of the related Land Use Amendment (LU 23-03), Zone Change (ZC 23-01) and Conditional Use Permit (CU 23-06). 2.The preliminary plat shall beupdated to include the proposed billboard within Lot 1, Block 1. 3.There will be no future access to Highway 10. Background/Discussion The applicant has submitted updated plans which remove all structures and permanent impacts from the public right-of-way. The updated plans still propose establishment of aPlanned Unit Development (PUD) near the thintersectionofTwinLakesRoadand168Circle NW. The site is approximately 15 acres, and the concept plan includes a mini-storage facility, future commercial spaces, and future light industrial and office space. These uses are generally consistent with the surrounding uses, but updates to the city’s Comprehensive Plan and Zoning Map are required. Some of the proposed land use and zone changes associated with the city-initiated changes later during this meeting conflict with the current request. If recommended for approval, staff will update thefinal land use and zoning map to reflect those recommendations. The site is currently zoned FAST (H), and the land use guidance is split between Highway Business and Business Park. PUD Concept Plan The submitted PUD concept plan includes amini-storage facility that would be developed upon approval ofthe current application package and future uses that include commercial, light industrial, office spaces, and a billboard. The only use that will access the existing street (Twin Lakes Road) is the proposed mini storage. The remaining uses will require the developmentof a city street that is currently shown on a city owned parcel. The proposed street includes a cul-de-sac and driveways to serve futureuses. This street and the required right-of-way are not included in this application package, and any future development of the site will require acquisition, by the developer, ofa portion ofcity owned land. The current project, a mini-storage facility, no longer incorporates a portion of city owned property. However, the plans recognize a wider than normal right-of-way and request significant reductions to the setbacks along that property line. At full development ofTwin Lakes Road as a 4-lane divided roadway, the setbacks from the street would appear consistent with other types of developments in the area. The PUD concept plan will beincluded in the required PUD agreement which will bereviewed and approved by the Council later. The agreement will outline performance and design standards for buildings within the district. Page 92 of 197 The applicant has proposed keeping the existing billboard located along Highway 10. City ordinance identifies billboards as a principal use of the property, requiring their removal when the property is dedicated to a new use. The concept planis proposed to be amended to include the billboard asan accessory use on the same lot as the mini-storage facility. Mini Storage Project As noted above, the PUD concept plan includes a number of uses, but the applicant is requesting approval of the mini-storage use with the current application package. Site Plan The storage facility will access Twin Lakes Road through one proposed driveway in the NE corner of the site. The current driveway is shown as full-access, but this will be changed with future improvements to Twin Lakes Road as itis further developed as a 4-lane divided corridor. When the street is upgraded, access to the site will be restricted to right-in-right-out only. Plans identify six buildings of varying sizes that will be rented to the general public for storage uses. The remainder of the site consists of parking and drive areas to support access to the buildings.These improvements impact a delineated wetland, and the applicant is required to comply with state standards for approval of the impacts. Parking and drive areas are bound byB612 curb and gutter and paved with bituminous. Architectural Review The submitted plans show the building togenerally befinished with metal panels of two contrasting colors. Due to the location on Twin Lakes Road and the proximity of the site to Business Park uses, which require upgraded design standards, staff has recommended a condition that the buildings, and all of those proposed within the PUD, comply with the design standards outlined in the Business Park Zoning district. This will require additional material changes (likely adding brick or stone veneer and to add additional contrast and interest) toensurethat projects developed along planned primary corridors are generally consistent. Staff recommends this standard apply to allfacades clearly visible from the public right-of-way. All fencing proposed for this project shall consist of awrought-iron style where clearly visible from the public right-of-way. The fencing will need tobe modified toscreen any proposed outdoor storage areas. Applicable Regulations Zone Change In reviewing aproposed amendment, consideration shall be given to existing conditions within the area directly and indirectly affected by the proposal, theconservation of property values, the use to which the property affected is being devoted at thetime, and relevant provisions, ifany, in theland use plan. In addition tothe requested zone change, the applicant has requested a land use amendment that will impact a portion of the subject site. The proposed amendment will establish a single land use, Highway Business, for the entire site. While the long-term plans included inthe PUD plan include a variety of uses, the proposed uses within the district and the Comprehensive Plan support the rezoning to PUD. Conditional Use Permit/PUD City ordinances outline the process for reviewing a proposed Planned Unit Development project and include a series of standards that the proposal should beevaluated against. Sec 30-1564 outlines thesestandards asfollows: Page 93 of 197 1. Land will be zoned into the PUD zoning district only upon approval ofa concept plan for the PUD, pursuant tothe procedure set forth in this section. A PUD will be authorized onland in a PUD zoning district only upon issuance of a conditional use permit, pursuant to the procedure set forth in this section. The applicant has submitted a PUD concept plan as part of their application package. The plan includes a ministorage facility, commercial uses, light industrial, and a proposal to retain the existing billboard. The concept plan includes potential parking and drive areas within the property, and impacts to a portion of the city owned lot south of the project. The proposed impacts on the city owned lot are not being considered as part of this request and any future impacts to the city parcel will need additional reviews and approvals from the City Council. 2. The uses allowed in aPUD shall be limited to land uses consistent with the city's comprehensive plan and land use map, and tothose uses identified in the concept plan for the PUD zoning district and the conditional use permit for the PUD. An update to the Comprehensive Plan isincluded in the current application package. Approval of this update will establish consistency with the proposed uses in the PUD concept plan and the Comprehensive Plan. The uses will be outlined in the PUD Agreement and future development within the district will utilize the Conditional Use Permit process toensure consistency with city ordinances and the proposed plan. 3. The area ofland to be included ina PUD shall be inuniform control ofthe applicant. The concept plan includes a future street that is on city owned property. This improvement will require additional approval from the Council. Those approvals have not been requested at this time, and future improvements will not be authorized until that occurs. The previously proposed improvements within the right-of-way have been removed with the current construction plans. 4. A PUD shall bedesigned to form a desirable unified environment within its proposed boundaries, including uniform design elements, landscaping, lighting and signage. The current concept plan is designed as one plan, toinclude drainage guidance for stormwater ponds and possible wetland impacts. The wetland delineation has been reviewed and approved bythe city and state, butimpacts to the wetland will require additional approvals. 5. A PUD shall not cause undesirable impacts on adjacent lands and land uses. Inparticular, uses on the PUD perimeter shall be compatible with adjacent uses outside the PUD. Nearby land uses include industrial and commercial uses similar to those proposed within the proposed PUD. The existing uses are consistent with surrounding properties. 6. A PUD shall be served byadequate transportation, water, sanitary sewer and drainage systems. The project area will beserved bypublic services and detailed plans will be reviewed with each phase of the project. The PUD agreement will require all future improvements tofollow the CUP process to ensure the project area adequately accounts for the proposed impacts. 7. A PUD shall not adversely affect existing orproposed parks, schools, streets orother public facilities. The current use proposed with this first phase of the PUD project proposes a single connection tothe east half of a future 4-lane divided roadway. This connection will bereduced to a right-in-right-out at full build out of the roadway. The full development of the surrounding road network will support the proposed uses, and this proposed first phase does not adversely affect the existing public facilities. Full development of the concept plan will also require additional public street improvements toprovide access to the uses in the southwest corner of the concept plan. Page 94 of 197 8. The council may establish varied and reasonable lot area, frontage, side yard, and setback requirements for a PUD and may authorize a density which it determines to beappropriate under the circumstances. Any permitted density shall be consistent with the city'scomprehensive plan and not adversely affect the public health, safety and welfare. Approval of aPUD agreement, outlining the performance standards and approval process for the current project and future development within the concept plan, is included as a condition of approval. The review and approval of that agreement will take place during a following meeting. 9.More than one principal building may be constructed ona lot within a PUD if authorized bythe council. Unless otherwise permitted bythe council, a PUD shall comply with the schedules of dimensional regulations set forth in this article, except that individual lots shall have no less than 80 percent of the minimum area forsimilar uses. The project does not conflict with standards described in city code. 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 requires approval of a rezoning application. Provided the zoning is amended to PUD, and recommended conditions are included, the proposed subdivision is consistent with all zoning regulations. 2.The proposed subdivision is consistent with all applicable general and specialized city, county, and regional plans, including, but not limited to, the city'scomprehensive 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 toflooding, 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 wetland impacts will be reviewed by the city and state through the established review process. 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 inthis article. The subdivision includes public utilities and stormwater infrastructure that meets city requirements. 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. Again, wetland impacts are under review, and approval of those impacts is included as acondition of approval. 6.The proposed subdivision will not conflict with easements of record or with easements established byjudgment of acourt. There are noconflicts with easements ofrecord. 7.The proposed subdivision will nothave an undue and adverse impact onthe reasonable development of neighboring land. Neighboring properties are largely developed, and the uses are consistent with the proposed uses. The subdivision will not impact reasonable development of neighboring land. 8. The proposed subdivision is not premature. A subdivision ispremature if any of thefollowing exists: a. Lack of adequate stormwater drainage. Page 95 of 197 b.Lack of adequateroads. c. Lack ofadequate 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 Land Use Amendment, Zone Change, Planned Unit Development, 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 business community. Attachments Location Map Applicant’s Narrative PUD Concept Plan Ministorage Site Plans Ministorage Architectural Plans Preliminary Plat Page 96 of 197 Page 97 of 197 Page 98 of 197 Page 99 of 197 Page 100 of 197 Page 101 of 197 Page 102 of 197 Page 103 of 197 Page 104 of 197 Page 105 of 197 Page 106 of 197 Page 107 of 197 Page 108 of 197 Page 109 of 197 Page 110 of 197 Page 111 of 197 Page 112 of 197 Page 113 of 197 Page 114 of 197 CityofElk River CityCouncil Resolution 23-____ AResolution ofthe City Council ofthe City ofElk River Amending the Comprehensive Plan to Change the Land Use from Business Park to Highway Business 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 June 27, 2023, and recommended approval regarding the Comprehensive Plan amendment request for the property described in Exhibit A, and WHEREAS, the City Council has reviewed the Comprehensive Plan amendment request and finds the following: 1. The proposed land use is consistent with the surrounding land uses. 2. The use would not have adverse impacts on the surrounding land 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 Land Use Plan be amended to change the property as described in Exhibit A from Business Park to Highway Business upon satisfaction of the condition noted in Exhibit B. thPassedandadoptedthis17 day of July 2023. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Page 115 of 197 EXHIBIT A All that part of the Northeast Quarter of the Southwest Quarter of Section 11, Township 32, Range 26, described as: Beginning at the Northwest corner of said Northeast Quarter of the Southwest Quarter; thence South along the West line thereof 521.1 feet; thence East at right angles 275.0 feet; thence South at right angles 200.0 feet; thence deflect 110 degrees 32 minutes 30 seconds to the left in a Northeasterly direction adistance of 635.72 feet; thence North parallel with said West line of the Northeast Quarter of the Southwest Quarter for a distance of 532.80 feet, more or less, to intersect the North line of said Northeast Quarter of the Southwest Quarter; thence West along said North line 871.13 feet, more orless, tothe point of beginning; Page 116 of 197 Exhibit B 1. The associated Zone Change (ZC 23-01) and CUP (CU 23-06) applications shall be approved by the City Council. Page 117 of 197 Strikethroughs to be removed Underlines to be added Ordinance 23- An Ordinance Amending the Zoning Map ofthe City ofElk River, Minnesota, to Rezone Certain Property from FAST (H) to Planned Unit Development (PUD) The City Council of the City of Elk River does hereby ordain asfollows: SECTION 1. That the duly adopted Zoning Map of the City of Elk River is hereby amended to rezone the property described on attached Exhibit A to Planned Unit Development (PUD): SECTION 2. That the rezoning approved by this Ordinance is based on the following findings: 1. The rezoning isconsistent with the City of Elk River Land Use Plan adopted, and updated, as part of the City of Elk River Comprehensive Plan. SECTION 3. That this ordinance shall take effect upon satisfaction ofthe conditions noted in Exhibit B and be published as provided bylaw. Passed and adopted by the City Council of the City ofElk River this 17th day of July 2023. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Last Updated January 2019 Page 118 of 197 Strikethroughs to be removed Underlines to be added Exhibit A Parcel A: That part of the Northeast Quarter of the Southwest Quarter, Section 11, Township 32, Range 26, described asfollows: Starting at the Northwest corner ofsaid Northeast Quarter of the Southwest Quarter; thence South along the one-sixteenth line a distance of 521.1 feet to the point of beginning; thence angle left to the East 90 degrees a distance of 275.0 feet; thence angle right to the South 90 degrees a distance of 200.00 feet; thence deflection angle right 69 degrees 27 minutes 30 seconds in the direction ofSouthwesterly a distance of 273.85feet, more orless, to the Northeasterly right-of- way of U.S. Highway No. 10; thence Northwesterly on and along said right-of-way line a distance of 66.0feet toan intersection with the aforesaid one-sixteenth line; thence North along said one-sixteenth line a distance of 232.4 feet, more or less, to the point of beginning; Parcel B: All that part of the Northeast Quarter of the Southwest Quarter of Section 11, Township 32, Range 26, described as: Beginning at the Northwest corner of said Northeast Quarter of the Southwest Quarter; thence South along the West line thereof 521.1 feet; thence East at right angles 275.0 feet; thence South at right angles 200.0feet; thence deflect 110 degrees 32 minutes 30 seconds to the left in a Northeasterly direction a distance of 635.72 feet; thence North parallel with said West line of the Northeast Quarter of the Southwest Quarter for a distance of 532.80 feet, more or less, to intersect the North line of said Northeast Quarter of the Southwest Quarter; thence West along said North line 871.13feet, more or less, to the point of beginning; Parcel C: All that part of the Northwest Quarter of the Southwest Quarter, of Section 11, Township 32, Range 26, lying east of U.S. Highway No. 10 described as follows: Beginning at the northeast corner of said Northwest Quarter of the Southwest Quarter; thence South on the one-sixteenth line a distance of 521.10 feet; thence angle right to the West 90 degrees a distance of 47.9 feet, more or less, to the Northeasterly right-of-way line of said U.S. Highway No. 10; thence Northwesterly along said highway right-of-way line to its intersection with the North line of said Northwest Quarter of the Southwest Quarter; thence East along said North lien to the point of beginning. Parcel D: All that portion of the Northwest Quarter of the Southwest Quarter, Section 11, Township 32, Range 26, lying east of U.S. Highway No. 10 described as follows: Starting at the northeast corner of said Northwest Quarter of the Southwest Quarter; thence south on the one-sixteenth line a distance of 521.10 feet tothe point of beginning; thence angle right tothe West 90degrees a distance of 47.9 feet, more or less, to the northeasterly right-of-way line of said U.S. Highway No. 10; thence southeasterly on and along said right-of-way line a distance of237.3 feet, more or less, to an intersection with the aforesaid one-sixteenth line; thence north along said one-sixteenth line a distance of 232.4 feet, more or less tothe point of beginning. Sherburne County, Minnesota Last Updated January 2019 Page 119 of 197 Strikethroughs to be removed Underlines to be added Exhibit B 1. City Council approval of associated Land Use Amendment (LU 23-03). 2. A PUD agreement shall be approved by the City Council prior to recording the Zone Change. Last Updated January 2019 Page 120 of 197