6.7. SR 06-18-2007
REQUEST FOR ACTION
B.
To
Ci Council
Agenda Section
Communi Develo ment
Item Description
Request by Envision Co., LLC-Ar-Mon Commercial Park 2nd
A. Ordinance for a Zone Change from I1 (light Industrial)
to PUD (planned Unit Development), Case No. ZC 07-
04, Public Hearing
Conditional Use Permit, Case No. CU 07-12-
Public Hearing
Preliminary and Final Plat (Resolution), Case No. P 07-05,
Public Hearin
Meeting Date
une 18, 2007
Item Number
6.7. A-C
Prepared by
Sheila Cartne , Senior Planner
Reviewed by
erem Barnhart, Plannin
Reviewed by
c
Action Requested
Staff and the Planning Commission are recommending the City Council approve the rezoning from I-I,
Light Industrial to Planned Unit Development, Conditional Use Permit, and PreIiminary and Final Plat
(Ar-mon Commercial Park 2nd), as shown on plans dated April 30, 2007 with the conditions as follows:
1. All comments of the City Engineer's memo dated June 7, 2007 shall be addressed.
2. The development shall meet all applicable fire codes. The Fire Chief shall verify the location
of all fire hydrants, and may require additional hydrants necessary to preserve the health and
safety of the residents.
3. In addition to the easements shown on the preliminary plat, the following easements shall be
provided:
A. Trail easement of 10 feet along Jarvis Street
B. Cross access and parking easements between all four lots
C. Drainage and utility easements over the ponds
D. Cross access easements for shared septic and well
4. The applicant shall execute a Planned Unit Development Agreement outlining the terms and
conditions of approval for the Final Plat, uses, setbacks etc.
5. An association shall be developed to maintain the common elements of the development
once the lots are sold.
6. All required subdivision information shall be provided in an electronic format (.dwg file) as
required by the City Ordinance and Land Use Application prior to recording of the plat.
7. This approval of the Plat shall expire after 1 year, unless the property owner or owner's
agent has submitted a Final Plat or letter of request for extension.
Background/Discussion
The subject property was platted in 1979 as part of Ar-mon Commercial Park, which is a 20 lot
subdivision. The subject site is Lot 1, Block 1, Ar-Mon Commercial Park, there are three existing
buildings onsite which were consttucted in 1998. The site is zoned Industrial.
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Case File: P 07-05
Page 2 i
____n_____
Attachments
. Location Map
. Memo from City Engineer dated June 7, 2007
. Applicant's Narrative
. Site Plan(s)
. Resolution
. Ordinance
General Information
Applicant Chris Carlson, Sportech
60 Day Rule The application has been deemed complete as of May 21, 2007.
The City must take action by Tuly 20, 2007
location and Size Approximately 8.56 acres Southwest of Burlington Northern
Santa Fe Railway.
location Existing Use land Use Plan Designation Current Zoning
Subject Light Light Industrial I-I
Property Manufacturing
North Renner Well Light Industrial I-I
business
South Out of City limits Unknown Unknown
East Railroad NA NA
West Elk River Real Light Industrial 1-1
estate
Overview
Sportech, Inc. currently operates three facilities upon 8.56 acres. The three buildings total 60,000 square
feet in area and are on one lot. The applicant would like to split the property into four individual lots
with common access and parking; creating more of a campus layout for their current operations. There is
no new development proposed at this time.
Applicable Regulations
Subdivision
These findings are necessary for the City Council approval of the Pre1iminary Plat and the Final Plat:
(1) The proposed subdivision is consistent with the zoning regulations (article VI if this chapter) and conforms in all
respects with all requirements if this Code, including the zoning regulations and this article.
(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.
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(3) The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to
erosion and stltation, susceptibility to fwoding, and drainage are suitable for the type and density of development and
uses contemplated.
(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.
(5) The proposed subdivision will not cause substantzcd environmental damage.
(6) The proposed subdivision will not conflict wzth easements of record or with easements established hy judgment of a
court.
(7) The proposed subdivision will not have an undue and adverse impact on the reasonable development of
neighboring land.
(8) The proposed subdivision is not premature. A subdivision is premature if any of the followzng exists:
a. Lack of adequate stormwater drainage.
b. Lack of adequate roads.
c. Lack of adequate sanitary sewer systems.
d. Lack of adequate ofJ-site public improvements or support systems.
In the review of the standards for Final Plat as outlined, it appeats that the request is consistent with all
of these standards.
Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
1. Will not endanger, i'!iure or detrimentallY affect the use and e'!ioyment of other property in the immediate vicinity
or the public health, safety, mora/'; comfort, convenience or general welfare of the neighborhood or the cdy.
2. Will be consistent with the mmprehensive plan.
3. W,ll not impede the normal and orderlY development and improvement of surrounding vacant property.
4. Will be served adequatelY by and will not adverselY affect essential pub/ic facilities and services including streets,
police and fire protection, drainage, rejitse disposal, water and sewer systems, parks and schools; and will not, in
particular, create traffic congestion or inteiference with trcdfic on adjacent and nezghboringpublic thoroughfares.
5. Wtfl not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or
vibrations.
6. Wtfl not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
7. Will fullY complY with all other requirements of this Code, including any applicable requirements and standards
for the issuance of a li,~nse or permit to establish and operate the proposed use in the ,ity.
If denial of such a permit should occur, it shall accompany recommendations or determinations by
ftndings or a report stating how the proposed use does not comply with the standards set forth in Section
30-654.
In the review of the standards for CUP as outlined, it appears that the request is consistent with all of
these standards.
Rezoning
In reviewing a proposed amendment, const'deration 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 provisio",; ifany, in the land use plan.
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Ca~e File: P 07-05
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Analysis
The purpose of the PUD district is to provide opportunities for creative development and design
flexibility by allowing modification of lot and building area, width, setback and other dimensional
requirements. A PUD shall be consistent with the intent and purpose of the city Comprehensive Plan.
This property is currently zoned 1-1, Light Industrial and has a land use designation of Light Industrial;
the proposed uses are those that are permitted in the 1-1 district. Three buildings are not permitted on
one lot in the Industrial zoning district.
This request is unique in the fact that three buildings already exist on the property; typically PUDs are
formed for undeveloped land. The concept for this PUD is to have a campus type environment for
Sportech; shared access, parking, signage, storm drainage, Lots 3 and 4 will share a well and all lots will
have their own septic system.
Along with the PUD application, a subdivision is requested turning one lot into four lots. The applicant
proposes four lots to make the property more marketable to small businesses should Sportech outgrow
this location. Proposed Lots 2 and 4 will not have street frontage which is required for all lots, the
issuance of the PUD zoning would allow these lots without direct frontage.
Comprehensive Plan
According to the Comprehensive Plan "industrial uses are lower in intensity of activity. These uses limit
the potential for adverse impacts on adjacent land uses due to factors such as noise and odor." The
proposed subdivision and zoning change are consistent with the Comprehensive Plan.
Lots - As proposed the lot size break down is as follows: lot 1, 2.12 acres, Lot 2, 1.90 acres, Lot 3, 1.89
acres and Lot 4, 2.65 acres all meeting the minimum lot size of 1 acre for the 1-1 district.
Parks
Park Plan - The Comprehensive Park Plan does indicate a trail corridor in this area. A 10-foot trail
easement along Jarvis should be provided. Park dedication is satisfied for this development.
Transportation
Streets - There are two access points along Jarvis Street, no additional access will be granted, the plat
should show restricted access along Jarvis Street with the exception of the existing driveways. Cross
access agreements for all four lots are necessary.
Utilities
Water/sanitation The subject lot is not within the urban service area; therefore, each of these buildings
would need an on-site sewer system and private well. Currently, Lots 1 and 2 will have their own well
and Lots 3 and 4 will share a well. Each lot will have their own septic systems. Cross access agreements
are necessary for the shared systems.
Storm sewer/water - There are two drainage ponds constructed for the four lots. It may be necessary to
expand the ponding if Lot 2 is developed. Drainage and utility easements should be placed on the ponds.
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Case File: P 07-05
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Planning Commission
A public hearing was held at the Planning Commission meeting on June 12, 2007, no one spoke of this
item duting the public hearing. The Planning Commission recommended approval as presented with the
conditions outlined in the staff report.
Motions
The motions should be in this order:
1) Zone change from 1-1, Light Industrial to PUD, Planned Unit Development Case # ZC 07-04
subject to the conditions listed in the staff report.
2) Conditional Use Permit Case # CU 07-12 subject to the conditions listed in the staff report.
3) Preliminary Plat approval of Ar-Mon Commercial Park 2nd Addition Case # P07 -05 subject to
the conditions listed in the staff report.
4) Final Plat approval of Ar-Mon Commercial Park 2nd Addition Case #P07-0S subject to the
conditions listed in the staff report.
Respectfully Submitted
~~
Sheila Cartney
Senior Planner
Action
Motion by_
Second by _
Vote
Follow Up
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MEMORANDUM
TO: Sheila Cartney, Senior Planner
FROM: Terry Maurer, City Engineer
DATE: June 7, 2007
SUBJECT: Sportech Site Replat File #226-I73P
As requested, we have reviewed the proposed replat of the Sportech site located off of Jarvis
Street in the southeast comer of the city. As you are aware, Sportech has constructed three
buildings on one site to contain their operations over the years. They are now proposing to
replat the property into four lots, three of them containing existing buildings and one vacant.
Based on our review, we would offer the following comments:
1. It is our understanding that they are requesting a zone change to PUD because two
of the four lots will not have any frontage on a public street. The four proposed lots
range in size from the smallest of 1.89 acres up to 2.65 acres.
2. There are two existing access points onto Jarvis Street. No additional access points
should be allowed. In fact, the plat should contain a restricted access symbol along
the frontage of Jarvis Street with the exception of the two driveways. It will be
necessary for there to be cross access agreements between all four lots. This should
be a condition of the plat.
3. There are two drainage ponds currently constructed on the four lots. A small one
falls in Lot 2 and a larger one falls in Lot 4. These drainage ponds are necessary for
the development currently on all four lots. It may be necessary to expand the
ponding even further if Lot 2 has a building constructed on it. It is also important
that the appropriate drainage and utility easements be put in place to protect the
current ponds and the flow of water from one lot to the other, ultimately getting to
the ponds.
4. This is outside of the city's urban service area; therefore, each of these buildings
would need an on-site sewer system and private well. The current location of the
on-site sewer systems should be noted on the plan and an area should be designated
in Lot 2 to be preserved for a future on-site system. It is unclear from the plan
whether or not each of the three existing buildings has their own on-site system and
well, or are jointly served. If they are jointly served, it will be necessary, again for
cross access agreements to provide for the multiple lots utilizing the same on-site
sewer and/ or well.
5. I am not aware whether or not the owners are proposing an association to deal with
snow removal, parking lot maintenance, sanitary sewer, water and storm sewer
issues. If they are not, it may be advisable that an association be put in place prior to
the selling of any of these lots to clarify and define how these issues will be dealt
with.
If you have any questions about any of these comments, please contact me.
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April 27, 2007
RE: 15703 & 15777 Jarvis Street NW, Elk River, MN
We respectfully request the properties at 15703 and 15777 Jarvis Street NW, Elk
River, MN be re-zoned from Light Industrial to Planned Unit Development.
The purpose of the re-zoning request is to divide the current lot into four
individual lots with common access to the property. Converting the property into
four lots will make the property more marketable and attractive to small
businesses. The Intention is to prepare the property for re-sale or leasing when
the current layout of the property Is no longer conducive to efficient business
operations for Sportech, Inc. At that time, the company will move operations
Into one large, all-inclusive fac1lity within the city limits of Elk River. We feel
fortunate to operate within the City of Elk River and look forward to keeping our
operations here. However, we also realize that our current property and three-
building facility lay-out would be virtually impossible to sell to one buyer.
It is also crucial for ail to know that the reason we have 60,000 square feet
under three separate buildings is because of the sprinkling restrictions placed
upon us by the Elk River Fire Inspector. We have complied with all City codes
and requirements through each of our expansions; we would greatly appreciate
the City's understanding at this time as we plan for continued growth.
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ORDINANCE 07 -
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES
TO PUD (PLANNED UNIT DEVELOPMENT)
CASE NO. ZC 07- 04
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. The duly adopted Zoning Map of the City of Elk River is hereby
amended to rezone to PUD the properties described as:
Lot 1, Block 1, Ar-Mon Commercial Park
Section 2.
The rezoning is being approved based on the following findings:
1. THE REQUEST IS CONSISTENT WTH ADJACENT ZONING AND USES.
2. THE ZONING IS CONSISTENT WITH THE LAND USE.
Section 3. That this Ordinance shall take effect and be in full force from and
after the date of its publication.
Passed and adopted this 18th day of June 2007, by the City Council of the City of Elk
River.
Stephanie A. Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
c:\documents and settings\jmiller\local settings\temporary internet files\olk3e\ordinance.doc
RESOLUTION NO. 07 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
At-Mon Commercial Park 2nd Addition
Case No. P 07-05
WHEREAS, application has been made for final plat approval, pursuant to Section
1008.08 (l)(c) of the Elk River City Code of Ordinances, of the property legally described as
Lot 1, Block 1, Ar-Mon Commercial Park Addition and hereinafter referred to as "the
Property"; and
WHEREAS, the application for preliminary plat approval has been referred to the
Planning Commission which has given its advice and recommendation to the City Council;
and
WHEREAS, a preliminary plat of the Property was approved by the City Council on
June 18,2007; 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 BY THE CITY COUNCIL OF THE
CITY OF ELK RIVER, as follows:
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 Zoning Ordinance 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 Development 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 fmal 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 fmal plat approval shall expire one year from the date of this resolution if the
final plat is not recorded within that time.
The foregoing resolution was introduced by Council Member and duly
seconded by Council Member . The following voted in favor of the
Resolution:
The following voted against the Resolution:
The following were absent:
WHEREUPON the resolution is adopted.
Passed and adopted this 18th day of June, 2007.
Stephanie A. Klinzing, Mayor
ATTEST
Tina Allard, City Clerk
CERTIFICATE
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
I, the undersigned, being the duly qualified and acting Clerk of the City of Elk River,
Minnesota, hereby certify that the above resolution is a true and correct copy of the
resolution as adopted by the City Council of the City of Elk River on June 18, 2007.
WITNESS my hand officially as such Clerk and the corporate seal of the City this
18'h day of June, 2007.
Tina Allard, City Clerk
EXHIBIT B
Conditions:
1. All conunents of the City Engineer's memo dated June 7, 2007 shall be addressed.
2. The development shall meet all applicable fire codes. The Fire Chief shall verify the
location of all fire hydrants, and may require additional hydrants necessary to
preserve the health and safety of the residents.
3. In addition to the easements shown on the preliminary plat, the following easements
shall be provided:
A. Trail easement of 10 feet along Jarvis Street
B. Cross access and parking easements between all four lots
C. Drainage and utility easements over the ponds
D. Cross access easements for shared septic and well
4. The applicant shall execute a Planned Unit Development Agreement outlining the
terms and conditions of approval for the Final Plat, uses, setbacks etc.
5. An association shall be developed to maintain the conunon elements of the
development, once the lots are sold.
6. All required subdivision information shall be provided in an electronic format (.dwg
f1!e) as required by the City Ordinance and Land Use Application prior to recording
of the plat.
7. This approval of the Plat shall expire after 1 year, unless the property owner or
owner's agent has submitted a Final Plat or letter of request for extension.
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