6.5. SR 08-20-2007
REQUEST FOR ACTION
To
Ci Council
Agenda Section
Community Development
Meeting Date
August 20, 2007
Item Number
6.5.
Prepared by
Sheila Cartney, Senior Planner
Consider Preliminary Plat Approval and Resolution for Final
Plat Approval (Cemstone Elk River Second Addition)'i
Requested by Cemstone Products, Co., Case No. P 07109-
Public Hearing
Reviewed by
erem Barnhart, Plannin
Reviewed by
Action Requested
Staff and the Planning Commission recommend approval of the Preliminary and final Plat, Cemstone of
Elk River 2nd Addition, with the following conditions:
1. Park dedication shall be provided in the following manner:
a. In the form of cash for 4 acres ,at the rate applicable at the time of Final
Plat approval, the current fee is $2,205.00 an acre.
2. All required subdivision/park 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.
3. This approval of the Preliminary 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
In 2005 the applicant received a Conditional Use Permit (CUP) to operate a ready-mix plant on the
subject property. In 2006 the applicant was granted an additional CUP to expand the operations of the
plant and allow for crushing and storing of recycled concrete, into the subject property.
Attachments
.
Location Map
Plat
Resolution
.
.
Case File: P 07-09
Page 2
Plat
Cemstone
General Information
Applicant
60 Day Rule
Cemstone Products Company
The City must take action by September 8, 2007
Requested Action
location and Size
Approval of Preliminary and Final Plat
Approximately 59 acres west ofTH 169.
location Existing Use land Use Pllan Designation Current Zoning
Subject Ready mix plant Mining Medium Industrial
Property
North Mining Mining Medium Industrial
South Mining Mining Medium Industrial
East Residential Commercial R1eserve A 1, Agriculture
West Mining Mining A 1, Agriculture
Overview/Analysis
The site is currently part of a sand and gravel operation. The site has been previously mined and is
without topsoil or trees. The CUP approved last year was to allow left over concrete to be stored
and crushed onsite.
The hours of operation will be the same as the plaut: 6 am to 6 pm Monday through Saturday.
Crushing will occur on site at one time of the year. The applicant has indicated that it will take up to
four continuous weeks, once a year, to crush the concrete. There will be no increase in employees.
As part of the CUP proposal in 2006 the concrete is to be stored on a separate lot. The current
application for Preliminary and Final Plat is creating that lot. No development is proposed at this
time.
Applicable Regulations
Subdivision
These findings are necessary for the city council a~proval of the preliminary plat and the [mal 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.
S:\PLANNING\Case Files\Plat\P 07-09 Cemstone\CC 07-09 report. doc
Case File: P 07-09
Page 3
Plat
Cemstone
(2) The proposed subdivision is consistent with ap applicable general and specialized city, county, and
regional plans, including, but not limited to, the ciry's comprehensive development plan.
(3) The prysical characteristics if the site, including but not limited to topograpry, sozls, vegetation,
susceptibility to erosion and siltation, susceptibility to flooding, and drainage are suitable for the type and
density if development and uses contemplated.
(4) The proposed subdivision makes adequate pf'(Jvision for water supplY, storm drainage, sewage
transportation, erosion control and all other service~, facilities and improvements otherwise required in this
article.
(5) The proposed subdivision will not cause substantial environmental damage.
(6) The proposed subdivision will not conflict with easements if record or with easements established ry
judgment if a court.
(1) The proposed subdivision will not have an uMue and adverse impact on the reasonable development if
neighboring land.
(8) The proposed subdivision is not premature. A subdivision is premature if atry if the following exists:
a. Lack if adequate stormwater drainage.
b. Lack if adequate roads.
c. Lack if adequate sanitary sewer !)istems.
d. Lack if adequate rif.!-site public improvements or support !)istems.
In the review of the standards for Final Plat as outlined, it appears that the request is consistent with
all of these standards.
Comprehensive Plan
The comprehensive plan allows for mining operations within the subject site and the proposed
request is consistent with the existing uses and those allowed in the zoning district.
Lots - Proposed Lot 1 is 10.5 acres, Lot 2 is 48.5 acres.
Parks
Park Plan - The Comprehensive Park Plan does not indicate any park target area nor trail corridor in
the wider area.
Given the Comprehensive Park Plan, staff recommends that park dedication be paid in the form
cash for 4 acres at the rate applicable at the time of Final Plat release.
Transportation
Streets - Access to and from the site will be maintained as what is currendy on site. Currendy the
applicant hauls the concrete to be recycled off-site to property just west of the subject site via
County Road 77. With the request, this traffic will be removed from the County Road.
S:\PLANNING\Case Files\plat\p 07-09 Cemstone\CC 07-09 report.doc
Case File: P 07-09
Page 4
Plat
Cemstone
Grading/Drainage
No new grading is proposed at this time.
Landscaping
Landscaping is not proposed with this subdivision.
Planning Commission
A Public Hearing for the Preliminary Plat was held at the Planning Commission meeting of August
14,2007, no one from the public spoke on this matter. The Planning Commission unanimously
recommend approval.
Recommendation
Staff recommends the City Council approve the Pteliminary Plat and Final Plat of Cemstone of Elk
River 2nd Addition subject to the following conditions:
1. Park dedication shall be provided in the following manner:
a) In the form of cash for 4 acres at the rate applicable at the time of Final
Plat approval, currently $2,205.00 per acre.
2. All required subdivision/park 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.
3. This approval of the Preliminary 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.
Action
Motion by _
Second by ~
Vote
Follow Up
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RESOLUTION NO. 07-
CITY OF ELK RIVER
A RESOLUTION GRANTING IHNAL PLAT APPROVAL FOR:
Cemstone Elk Riv~r Second Addition
Case No. P 07-09
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 on
attached Exhibit A 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
August 20,2007; and
WHEREAS, the proposed fmal plat 1S consistent with the preliminary plat as
approved by the City Council; and
WHEREAS, the proposed fmal 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 [mal approval of the plat.
4. The owner of the Property is authorized to record the final plat as required by law
and shall ftle proof of said recording with the City. No building permits will be
issued for the Property until the [mal plat is recorded.
5. This [mal plat approval shall expire ol11e year from the date of this resolution if the
[mal plat is not recorded within that time.
The foregoing resolution was introduqed 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 20th day of August, 2007.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
Page 2
EXHIBIT A
Legal Description:
Lot 2, Block 1, Cemstone of Elk River
Page 3
EXHIBIT B
Conditions:
1. Park dedication shall be provided in the following manner:
a) In the form of cash for 4 a~res at the rate applicable at the time of
Final Plat approval, currently $2,205.00 per acre.
2. All required subdivision/park information shall be provided in an electronic
format (.dwg file) as required by the City Ordinance and Land Use
Application prior to recording of th~ plat.
3. This approval of the Preliminary 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.
Page 4
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