HomeMy WebLinkAbout2011-12-01 - Planning Commission Agenda PacketCITY OF CORCORAN
PLANNING COMMISSION DECEMBER 1, 2011
AGENDA
1. Call to Order
2. Pledge of Allegiance
3. Open Forum
4. Approval of
a. Agenda
b. *November 3, 2011 Planning Commission meeting minutes
5. New Business
a. *Public Hearing. "HKH Development" Preliminary Plat (city file 11 -008)
i. Staff Report
ii. Open Public Hearing
iii. Public Comment
iv. Close Hearing
v. Commission Discussion & Recommendation
b. *Public Hearing. City Initiated Assessment Ordinance (city file 11 -016)
i. Staff Report
ii. Open Public Hearing
iii. Public Comment
iv. Close Hearing
v. Commission Discussion & Recommendation
6. Reports
a. Liaison Report (Gmach)
b. *Project Status Memo (information only)
c. Other Business
7. Adjournment
*Literature to review
Material relating to these agenda items can be found in the House Agenda Packet,
located near the entrance to the Community Room Meeting Area.
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City of Corcoran
Planning Commission Meeting Minutes
Thursday, November 3, 2011
1 ob..
Commissioners Present: Chair Hank, Jacobs, Kadlec, Ravnholdt, Laddusaw, Jacobs, and
Krueger. Alternate Commissioners Kohnen and Wu
Absent: Laddusaw, Ravnholdt
Others present for the meeting: Council Liaison Cossette, Mayor Guenthner, Councilors Gmach,
Milbrandt, Asleson, Parks and Trails Commissioners Krueger and Tessmer, City Administrator
Donahue, Office Manager Smith - Arens, City Planner Kendra Lindahl and TKDA Consultant
Sherri Buss.
1. Call to Order. Chair Hank called the meeting to order at 7:00 pm
2. Pledge of Allegiance
3. Open Forum -None
4. Approval of:
a. Agenda. MOTION by Ravnholdt / Kadlec to approve the agenda as presented. All voted
aye. (Motion carried 6:0)
b. Minutes of September 1, 2011. Mayor Guenthner suggested the dollar amount noted in
6.d.i of $20,000 should be $15,000 (from the appraisal authorized by the city council on
property at XXXXX County Road 10). MOTION by Jacobs /Krueger to approve minutes
with suggested change. All voted aye. (Motion carried 6:0) noted
5. New Business
a. Public Hearing - Highland Subdivision Preliminary Plat (city file 11 -010)
i. No one came forward to speak on the matter
The Planning Commission asked whether the parcel was one parcel or
two. Although Hennepin County shows the property with two PID
numbers, the applicant provided a title commitment that Highland
Subdivision (city file 11 -010) 2 November 21, 2011 meeting shows that
the two parcels were consolidated in 2009 under a quiet title. The city has
no record of this and the Mayor asked if that quiet title was perhaps not
recorded at the County. The applicant indicated that it was their belief that
the title had been recorded and the private driveway easement between
the two old parcels was vacated as part of that (staff has reviewed this
issue and finds no evidence that this combination was ever discussed
with the City. Staff notes that it is the applicant's responsibility to ensure
that the title work is accurate and recordable).
MOTION by Krueger / Ravnholdt to close the public hearing. All voted aye.
(Motion carried 6:0)
iv. MOTION by Ravnoldt /Jacobs to recommend approval of Planning Case
11 -010 as presented but with the requirement that #4 of the resolution be
amended to include language to the effect that the applicant must revise
the plans to show the location of the existing septic and the location of the
future /secondary septic system on Lot 1, Block 1 of the site plan. All voted
aye. (Motion carried 6:0)
6. Unfinished Business
City of Corcoran
Planning Commission Meeting Minutes
Thursday, November 3, 2011
H.
a. Park Dedication Ordinance Update (Subdivision Ordinance Section 955).
Consultant Sherri Buss introduced the topic to the Commission and
audience. She explained the background, state law, Corcoran's past and
present ordinance, the actions by the Parks and Trails Commission
during 2011 to get to this point, and the public hearing that was held and
closed by the Planning Commission on October 6, 2011. Participating in
the discussion were members of the City Council and the Parks and
Trails Commissions. Questions were raised about the disparity of the
amount that could potentially be paid in fees by property owners inside
and outside the MUSA line, there were also questions raised about the
draft language in Subd 6 of the draft ordinance. Consultant Buss was
advised to work with the City Planner and the City Attorney to address the
concerns.
ii. Motion by Kadlec and seconded by Ravnholdt to change language in
Subd 6 and make changes in the fee schedule based on discussions by
the Planning Commission. All voted aye. (motion carried 6:0)
7. Reports:
a. Liaison Report. Cossette updated the Commission on the council actions to table
further consideration of the Subdivision Ordinance revisions until the City Planner
had a chance to review and make suggested changes. He also talked about the
PW Facility and the current efforts to obtain further property appraisals.
b. Other. None
8. Adjournment: MOTION by Krueger / Ravnholdt to adjourn. All voted aye. (Motion carried 6:0)
Adjourned at 9:41 pm
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Agenda Item 5_a.
L A N D F O R M
From Site to Finish
•
800c Butler Square Tel: 612 - 252 -9070
100 North Sixth Street Fax: 612 - 252 -9077
Minneapolis, MN 55403 www.landform.net
Planning Commission Report
TO: Corcoran Planning Commission
FROM: Kendra Lindahl, Landform
DATE: November 21, 2011 for the December 1, 2011 Planning Commission Meeting
RE: Preliminary Plat for "HKH Development" for property located at 7219 County Road
116 (PID 26- 119 -23 -41 -0004 and 26- 119 -23 -41 -0023) (City File 11 -008)
120 -DAY REVIEW DEADLINE: February 14, 2012
Application Request
HKH Development is requesting approval of a preliminary plat to combine the existing Custom
Filtration lot with the outlot located directly to the west. The lot combination is required to
accommodate the stormwater pond required as part of the expansion of Custom Filtration, which
was recently approved by the City.
2. Context
Background
On July 28, 2011, the City Council approved a site plan amendment, conditional use permit
amendment and rezoning to allow a 4,013- square foot addition to the west side of the building and a
parking lot addition.
In 1998, the City approved a conditional use permit for construction of the building (Resolution 1998-
13). As part of the original approvals, the landowner provided a 115' x 128' easement in the
northeast corner of the lot for use and maintenance and reconstruction of a drainfield that served the
property to the north. This easement was required to protect this septic area from impacts from
Custom Filtration.
Zoning and Land Use
The subject property is guided Light Industrial on the 2030 Future Land Use Plan and zoned Light
Industrial (1 -1). The properties to the north are guided Light Industrial on the 2030 Future Land Use
Plan and zoned Light Industrial. The properties to the west and south are guided Existing
Residential and the properties to the east (across CR 116) are guided Mixed Residential. All of the
surrounding properties on the west, south and east are zoned Agriculture, which is a holding zone in
the current zoning until municipal sewer and water are provided.
Landformsm, SensiblyGrcen- and Site to Finish- are service marks of Landform Engineering Company.
•
•
3. ANALYSIS:
•
Staff has reviewed the application for consistency with Comprehensive Plan, Zoning Ordinance,
Subdivision Ordinance and City Code requirements, as well as City policies.
A. Level of City Discretion in Decision - Making
The City's discretion in approving or denying a preliminary plat is limited to whether or not the
proposed plat meets the standards outlined in the City Code. If it meets these standards, the City
must approve the preliminary plat.
B. Consistency with Ordinance Standards
The applicant is required to consolidate the parcels because they are proposing to locate the
stormwater treatment pond on the outlot and the City requires stormwater management ponds to be
located on the same parcel and the development that is being treated. The applicant's surveyor has
recommended the platting process as the correct means to consolidate the two parcels.
Lot Size
The plat would consolidate the 2.91 acre lot with the 0.22 acre outlot to create a single 3.13 acre lot
for Custom Filtration. This exceeds the 1 -1 district minimum lot size of 1 acre. The plat will simply
allow the applicant to address conditions of the site plan amendment approval by expanding the
stormwater pond.
Well and Septic
The site has an existing septic system and well to serve the existing building.
Streets
No new streets are proposed.
As required by state law, the City submitted the proposed plat to Hennepin County for review.
Hennepin County Transportation Department has reviewed the proposed plat and recommends
dedication of an additional 20 feet of right -of -way adjacent to County Road 116. The County
currently has a 40- foot' /2 right -of -way adjacent to this parcel. They have requested dedication of an
additional 20 feet of right -of -way or easement. We have reviewed this issue with the City Engineer.
His memo is attached. Staff recommends that the Planning Commission include one of the following
two options in the recommendation (as condition #7) to address this issue:
1. The plat must be revised to show dedication of additional right -of -way for County Road 116. The
applicant must provide either 20- additional feet of dedicated right -of -way or easement to
Hennepin County.
Or
HKH Development (city file 11 -008)
December 1, 2011 meeting
•
•
•
•
2. Hennepin County has identified a need for an additional 20 feet of right -of -way for future road
expansion. Future right -of -way acquisition shall be based on County policy at the time of
acquisition.
Drainage and Utility Easements
Section 945.060, Subd. 2 of the Subdivision Ordinance requires 10 -foot drainage and utility
easements around the perimeter of the lot. The plans show the required easement on the east lot
line, but not on the others. We have included a condition in the draft resolution requiring the plans
be revised to provide these easements.
All stormwater ponds must be blanketed by a drainage and utility easement. The plans must be
revised to show this drainage and utility easement over the stormwater pond in the western portion
of the parcel.
Elm Creek Watershed Management Commission reviewed this property as part of the earlier site
plan amendment application and has indicated that they have no additional comments.
Parks and Trails
Section 955.020 of the Subdivision Ordinance states "Park Dedication is only due in cases where
additional new parcels are created." The subdivision will create combine two parcels into one lot for
the existing business. No additional lots are being created; therefore, no park dedication is due.
C. Conclusions
Staff has reviewed the plan for consistency with the applicable standards outlined in the
Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance. Staff noted in the staff report
the outstanding that must be addressed and we have included conditions in the attached draft
resolutions to address these issues.
4. RECOMMENDATION:
Staff recommends that the Planning Commission approve the preliminary plat, subject to the
findings and conditions in the attached resolution.
Attachments
a. Draft Resolution Approving Preliminary Plat
b. Engineer's Memo dated November 22, 2011
c. Hennepin County comments dated November 10, 2011
d. Plan graphics dated October 17, 2011
HKH Development (city file 11 -008)
December 1, 2011 meeting
City of Corcoran
County of Hennepin
State of Minnesota
RESOLUTION NO. 2011 -xxx
Motion By:
Seconded By:
December xxx, 2011
APPROVING PRELIMINARY PLAT FOR "HKD DEVELOPMENT" ON PROPERTY LOCATED
AT 7219 COUNTY ROAD 116 (PID 26- 119 -23 -41 -0004 AND 26- 119 -23 -41 -0023)
WHEREAS, HKH Development and Custom Filtration LLC have has requested approval of a
preliminary plat to allow the consolidation of two parcels legally described as:
The south 225 feet of the north 500 feet of the east 500 feet of Northeast Quarter of the
Southeast Quarter of Section 26, Township 119, Range 23 West of the Fifth Principal
Meridian, Hennepin County, Minnesota.
Together with the west 21 feet of the east 500 feet of the north 275 feet of the Northeast
Quarter of the Southeast Quarter of Section 26, Township 119, Range 23, West of the
Fifth Principal Meridian, Hennepin County, Minnesota.
Subject to the public roadways across the northerly and easterly portions thereof.
And also subject to an easement for maintenance and reconstruction of a drain field
over, under and across the west 115 feet of the east 155 feet of the north 128 feet of the
south 225 feet of the north 500 feet of Northeast Quarter of the Southeast Quarter of
Section 26, Township 119, Range 23 West of the Fifth Principal Meridian, Hennepin
County, Minnesota.
"MI
Outlot A, Lazy South Fork, according to the recorded plat thereof as is on file and of
record in the office of the County Recorder in and for Hennepin County, Minnesota
WHEREAS, the Planning Commission has reviewed the preliminary plat at a duly called Public
Hearing and recommends approval, and;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORCORAN, MINNESOTA, that it should and hereby does approve the request by for a
preliminary plat, subject to the following conditions:
1. A preliminary plat is approved, in accordance with the plans received by the City on October
17, 2011, except as amended by this resolution.
2. There are zero (0) development rights remaining on Lot 1, Block 1.
3. Lot monuments shall be installed as required by the Subdivision Ordinance. A financial
guarantee shall be required to ensure installation per city requirements.
4. Park dedication requirements for Lot 1, Block 1 has been previously satisfied. No park
dedication is due at this time.
Page 1 of 2
City of Corcoran
County of Hennepin
State of Minnesota
RESOLUTION NO. 2011 -xxx
December xxx, 2011
5. The plat must be revised to provide 10 -foot drainage and utility easements around the
perimeter of the site.
6. The plat must be revised to provide a drainage easement over the proposed stormwater
management pond.
VOTING AYE
❑ Guenthner, Ken
❑ Asleson, Rich
❑ Cossette, Tom
❑ Gmach, George
❑ Milbrandt, Rosalyn
VOTING NAY
❑ Guenthner, Ken
❑ Asleson, Rich
❑ Cossette, Tom
❑ Gmach, George
❑ Milbrandt, Rosalyn
Whereupon, said Resolution is hereby declared adopted on this xxx day of xxx.
ATTEST:
Jeanie Heinecke — Clerk
Kenneth Guenthner - Mayor
Page 2 of 2
City Seal
�Wenck
TO: Kendra Lindahl, City Planner
FROM: Kent Torve, P.E.
DATE: November 22, 2011
SUBJECT: Custom Filtration Plat
Wenck Associates, Inc.
1800 Pioneer Creek Ctr.
P.O. Box 249
Maple Plain, MN 55359 -0249
(763) 479 -4200
Fax (763) 479 -4242
E -mail: wenckmp @wenck.com
Introduction
The County has recommended the City require an additional 20 foot dedication of right
of way for future CR 116 improvements. County policy has stated
"Contributions from private developers and property owners should also be sought for roadway
right -of -way dedications, trail and sidewalk easements, and funding assistance for
accommodating transportation needs resulting from the development. "
If future right of way acquisition is needed for improvements, the acquisition costs will
be addressed under the County cost share policy (City will contribut to costs).
Planning Commission can recommend:
• The ROW be dedicated with the current platting effort, or
• The ROW acquisition be delayed until a future road project occurs and the owner
would be compensated (and City would pay a portion under future County
policy).
Hennepin County Transportation Department
1600 Prairie Drive 612 - 596 -0300, Phone
Medina, MN 55340 -5421 763- 478 -4000, FAX
763 - 478- 4030,TDD
www.hennepin.us
November 10, 2011
Ms. Kendra Lindahl, City Planner
c/o Landform
105 — 5"' Avenue South, Suite 513
Minneapolis, MN 55401 -2537
Re: HKH Development— Preliminary Plat
County Road 1 16 / Larkin Road — southwestern quadrant
Hennepin County Plat Review No. 3225
Dear Ms. Lindahl:
Minnesota Statutes 505.02, 505.03, and 462.358, Plats and Surveys, allow up to 30 days for county review of
preliminary plats abutting county roads. We received your transmittal of the Preliminary Plat on October 20,
2011, and the county Plat Review Committee reviewed the plat on October 25, 2011.
Proposed Action - Our understanding is that the current action is being taken to reorganize the property lines in
order to combine two parcels into one parcel. The existing light industrial building and its driveway to CR -116
would remain as is.
Right -of -Way /Easement Dedication - The half right -of -way along the property frontage of CR -1 16 is currently
40 -feet. Although the existing county road is a 2 -lane rural design, in the long -term future the roadway is
anticipated to change and become an urban 3 -lane (continuous left turn lane) or 4 -lane divided road. Over the
next 20 years, CR -1 16 is expected to have some significant traffic growth as the surrounding area develops. In
addition, CR -116 is designated as a future bikeway in the Hennepin County Bicycle Transportation Plan and the
2030 Corcoran Parks & Trails Plan. Therefore, we recommend an additional 20 feet of right -of -way and /or
easement dedication to provide a total 60 -foot half section which would facilitate this future road, pedestrian &
bicycle accommodations and utility placement. The attached typical section illustrates how these design elements
would generally fit within this future right -of -way.
Permits - Please inform the developer(s) that any proposed construction within county right of way requires an
approved Hennepin County permit prior to beginning construction. This includes, but is not limited to driveway
and street access (for the joint driveway), drainage and utility construction, sidewalk / trail construction, and
landscaping. The permit applications are processed through our epermitting system at:
hops:// roadperntits.co.hennepin.mn.us. Permit questions can be directed to Carolyn Fackler at (612) 596 -0336.
Please contact Bob Byers (612) 596 -0354 or robertbyersf &,,co.hennepin.mn.ns for any further discussion of these items.
Sincerely,
James N. Grube, P.E.
Director of Transportation and County Engineer
.TNG /rqb
cc: Plat Review Committee — Benicke / Byers / Dauer / Drager / Fackler / Holtz / Hooper / Lowry / Witt
Dan Donahue, Corcoran City Administrator
Mark Larson, Hennepin County Survey Office
An Equal Opportunity Employer Recycled Paper
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Preliminary Plat of
HKH DEVELOPMENT
In the NE1 14 of the SE 114 of Sec. 26, Twp- 119, Rng. 23
City of Corcoran, Hennepin County, Minnesota
West Quarter Corner __ - - -- - - - -- N89 °54'52 "W 5325.38 - - - -- - - - -- -------
Sec. 28, Twp. 119, Rng. 23 - -1 - -- - -- - -- - -- - -- - -- - -- - -
a: -..:.,
East -West Quarter Section Line o — — East Quarter Corner
a (North line of the
S 89° 54' 52" E
; - / SE 1/4) a / Sec. 28, Twp. 119, Rng. 23
- -21
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- - -- -- -- -- --
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sas °sa'S2 °E_ 40.00 P-.�_.LARKIN ROAD
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Sec 23- T120N -R23W bears l o Grounds Care Investments, LLC
South 00° VP 53" East I 5 w y PO Box 124 Wright Hennepin Coop Elec. Assn.
0 o t Hamel, MN 55340 PO Box 330
cc Rockford, MN 55373
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(South line of the North 275.00 feet
of the NE 114 of the SE 114)
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of the NE1 14 of the SE 114 I Glen
19908 Abilene bilene Lane
Mark and Dawn Schafer �\ I Hamel, MN 55340 j N
19928 Abilene Lane
Hamel, MN 55340:.. ....:•'::•:•:
I •' • Southeast Corner ,
Deborah Johnson l Sec. 28, Twp. 119, Rng. 23 — — y` ,
\ 19916 Abilene Lane
Hamel, MN 55340
O DENOTES: 112 INCH BY 14 INCH IRON MONUMENT
SET AND MARKED WITH CAP STAMPED "DELEO 40341"
• DENOTES: FOUND 112 INCH DIAMETER IRON MONUMENT
* DENOTES: FOUND GOVERNMENT SECTION CORNER
MONUMENT (CAST IRON MONUMENT)
LEGAL DESCRIPTION
PID 26- 119 -23 -41 -0004
The South 225 feet of the North 500 feet of the East 500 feet of Northeast
Quarter of the Southeast Quarter of Section 26, Township 119, Range 23 West of
the Fifth Principal Meridian, Hennepin County, Minnesota.
Together with the West 21 feet of the East 500 feet of the North 275 feet of the
Northeast Quarter of the Southeast Quarter of Section 26, Township 119, Range 23
West of the Fifth Principal Meridian, Hennepin County, Minnesota.
PID 26- 119 -23 -41 -0023
Together with Outlot A, LAZY SOUTH FORK, according to the recorded plat thereof
as is on file and of record in the office of the County Recorder in and for
Hennepin county, Minnesota.
PLAT AREAS
Entire Plat = 3.13 acres +/-
Block 1, Lot 1 = 2.91 acres
PROJECT NARRATIVE
The purpose of this plat is to combine two parcels of record into one parcel of
record in order to facilitate the expansion of the existing building and
relocation of the storm water treatment pond.
There is an existing easement for a sanitary sewer in the northeast corner of
Lot 1 that may interfere with the dedication of easements for highway, drainage,
and utility.
The current zoning classification is Agricultural.
Refer to the site plans submitted relative to this plat for information related
to the existing conditions and proposed improvements.
OWNERS AND DEVELOPERS:
HKH Development, LLC
Attn: Gary Hamman
7219 Co. Rd. No. 116
Hamel, MN 55340
KL -D 11 Nwih7MN56 03
SI North
S< Cloud, MN 56303
320-259-1288
KRAMER LEAS DELEO
8UR__. • ENGINEERING • PLANNING
ST. CLOUD BRAINERD I BAXTER
HKH DEVELOPMENT
West Quarter Corner ----- ----- N 89' 54'52" IN 5325.38 — --- — -- ---- --------
Sec. 26, Twp. 119, Rng. 23 - -I --- — --- --- --- � I ---- I
East-West Quarter Section Line East Quarter Corner
V S 89* 54'52" E Sec 26 Twp 119 Rng 23
'-21.00 (North line of the SE 114)
4825.37 ---
III;
The basis of bearings assumes
that the seat line of the
Southeast Quarter of
Sec 23-T12014-1123W beam
South 00' 14'53" East
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SCALE IN FEET
* DENOTES: 112 INCH By 14 INCH IRON MONUMENT
SET AND MARKED WITH C AP STAMPED "DELEO 40341-
• DENOTES: FOUND 112 INCH DIAMETER IRON MONUMENT
0 DENOTES: FOUND GOVERNMENT SECTION CORNER
MONUMENT (CAST IRON MONUMENT)
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KRAMER LEAS DELEO
SURVEYING -ENGINEERING- PLANNING
ST. CLOUD BRAINERD I BAXTER
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o S 89* 5,V 52" E 40.00 LARKIN ROAD
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KNOW ALL PERSONS BY THESE PRESENTS: That HKH Development, LLC a Minnesota limited
liability company, fee owner, of the following described land situated in the County of Hennepin, State of
Minnesota, to wit:
The South 225 feet of the North 500 fast of the Fast 500 feet of Northeast Quarter of the Southeast
Quarter of Section 26, Township 119, Range 23 West of the Fifth Principal Meridian, Hennepin
County, Minnesota.
Together with the Was; 21 fast of the East 500 feet of the North 275 fast of the Northeast Wed- of
the Southeast Quarter of Section 26, Township 119, Range 23 West of the Fifth Principal Meridian,
Hennepin County, Minnesota
Together with Outlot A, LAZY SOUTH FORK, according to the recorded plat thereof w is on file
and of record in the office of the County Recorder in And for Hennepin county, Minnesota.
Have caused the same to be surveyed and platted w HKH DEVELOPMENT and does hereby donate and
dedicate to the public for public use forever the public way and the easements for drainage and utility
purposes w shown on this plat.
Lu
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40 40
Southeast Corner
Sec. 26, Twp. 119, Rng. 23 - -
In
O
In witness whereof HKH Development, LLC, has caused thew presents to be signed by its propei, officer this
day of 20 .
HKH DEVELOPMENT, LLC
By
Gary Herrman, Chief Manager
STATE OF MINNESOTA
COUNTY OF
The foregoing instrument was acknowledged before me this _day of . 20 by
Gary Herrman, Chief Manager of HKH Development, LLC, a Minnesota limited liability company, on
behalf of the corporation.
(Notary's Signature)
Notary Public
MY commission expires
County, Minnesota
(Notary'. Printed Name)
SURVEYOR'S CERTIFICATION
I Samuel J. DeLeo do hereby certify that this plat was prepared by me or under my direct supervision; that I
am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the
boundary survey; that all mathematical data and labels are correctly designated on this plat; that all
monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries
and wet lands, as defined in Minnesota Statues, Section 505.01, Subd. 3, as of the date of this certificate are
shown and labeled on this plat; and all public ways are shown and labeled on this plat.
Dated this of _ 20
cau•veyor
Minnesota License Number 40341
STATE OF MINNESOTA
COUNTY OF STEARNS
The foregoing Surveyor's Certificate was acknowledged before me this _ day of
by Samuel J. DeLeo, a Licensed Land Surveyor.
(Notary's Signature) (Notary's Printed Name)
Notary Public — County, Minnesota
My commission expires
CITY COUNCIL OF CORCORAN
This plat of HKH DEVELOPMENT was approved and accepted by the City Council of the City of Comm,
Minnesota at a regular meeting held this day of 20 . If applicable,
the written comments and recommendations of the Comoodisioner of Mransportation And the County Highway
Engineer have been received by the City or the prescribed 30 day period has elapsed without receipt of such
comments and reconninandationii, w provided by Minnesota Statutes, Section 505.03, Subdiviaka, 2.
CITY COUNCIL OF CORCORAN, MINNESOTA
By
Mayor
Clark
TAXPAYER SERVICES DEPARTMENT, Hennepin County, Minnesota
I hereby certify that the taxes payable in the year 20 and prior years have been paid for land described
on this plat, this day of 20_
Jill L. Alvemon, County Auditor by Deputy
SURVEY DIVISION, Hennepin County, Minnesota
Pursuant to MN. STAT. Sac. 383B.565 (1969) this plat has been approved
day of 20_.
William, P. Brown, County Surveyor by
COUNTY RECORDER, Hennepin County, Minnesota
I hereby certify that the within plat HKH DEVELOPMENT was filed in this office
this _ day of , 20�__ at _ o'clock _ M.
Michael H. Cumuff, County Recorder by Deputy
Subject to Minor Revisions Oct. 14, 2011
This page has been intentionally left blank
Agenda Item
L A N D F O R M
From Site to Finish
•
105 South Fifth Avenue Tel: 612 - 252 -9070
Suite 513 Fax: 612 - 252 -9077
Minneapolis, MN 55401 www.landform.net
TO: Corcoran Planning Commission
FROM: Kendra Lindahl, Landform
DATE: November 22, 2011 for the December 1, 2011 Planning Commission Meeting
RE: Public Hearing. Assessment Ordinance (city file 11 -016)
Application Request
This is a City- initiated request to amend Section 985 of the Subdivision Ordinance and Section
1070.080 of the Zoning Ordinance to address assessments for unpaid land use fees.
2. Analysis
The Council approved an ordinance and four resolution certifying delinquent fees to the County.
The resolutions included delinquent fees related to Recycling Fees, Dust Control Fees, Property
Management Fees and Delinquent Escrow Fees Related to Land Use Applications.
The first three items are specifically mentioned in MN Statute §429.101 as special services. The
statutes do not specifically reference land use escrows and fees, therefore, the City Code must be
amended to clarify that we can assess property owners for these delinquent fees. Our application
form has stated this for years, but the City Attorney has advised us that the ordinances should be
updated as well. The City Attorney has reviewed the draft language and recommends approval.
It is staff's opinion that this is simply a housekeeping item to formalize existing City Policy.
3. Recommendation
Move to recommend approval of the following:
a. Ordinance approving the updates to the Subdivision Ordinance and Zoning Ordinance
b. Resolution approving Finding of Fact for Ordinance Amendments
Attachments
1. Draft Ordinance approving amendments
2. Draft Resolution approving Findings of Fact
3. Current Application Form
Landformsm, SensiblyGrcens and Site to Finish- are service marks of Landform Engineering Company.
City of Corcoran
County of Hennepin
State of Minnesota
ORDINANCE NO. 2011-
Motion By:
Seconded By:
December xxx, 2011
AN ORDINANCE AMENDING THE TEXT OF CHAPTER 9 OF THE CORCORAN CITY CODE,
ENTITLED CORCORAN SUBDIVISION ORDINANCE, AND CHAPTER 10 OF THE
CORCORAN CITY CODE, ENTITLED CORCORAN ZONING ORDINANCE
THE CITY COUNCIL OF CORCORAN ORDAINS:
SECTION 1. Amendments. The text of Sections 985 of Chapter 9 (Subdivision Ordinance) of
the Corcoran City Code is hereby amended by deleting the stricken material and adding the
underlined material as follows:
985.020 — Fees
Subd. 1. Administrative fees shall be charged to the applicant based on the fee
schedule adopted by City Council resolution.
Subd. 2. In addition to the application fees set by the City Council, the applicant
shall provide an escrow and agree to pay the total cost of staff and
consultant time spent exclusively in reviewing and researching the
application and presenting requests to the Planning Commission and City
Council.
Subd. 3. Fees shall be payable at the time applications are filed with the City and
are not refundable unless the application is withdrawn prior to Planning
Commission review.
Subd. 4. Any escrow not spent on application review shall be refunded to the
applicant after the review and administrative process is completed.
Subd. 5. The applicant is responsible for all costs associated with the proposed
application. If the required escrow accounts are delinquent, the City may
approve a special assessment against the property, pursuant to the
process outlined in Minnesota Statutes X429.061.
985.0030 — Enforcement.
If any subdivision, construction, reconstruction, or use occurs in violation of this Chapter,
the Zoning Administrator may, in addition to other remedies, institute any proper criminal
action or proceedings in the name of the City of Corcoran, and hereby shall have the
powers of a police officer to prevent such unlawful subdivision, construction,
reconstruction, or use, to restrain or correct such violations, to prevent the occupancy of
said property, or to prevent any illegal act, conduct, business or use in or about said
premises.
Page 1 of 2
City of Corcoran December xxx, 2011
County of Hennepin
State of Minnesota
ORDINANCE NO. 2011 -
985.0040 — Penalties.
Any person who violates a provision of this Chapter is guilty of a misdemeanor and,
upon conviction thereof, shall be fined or penalized not more than the maximum levels
established by the State of Minnesota for misdemeanor offenses.
SECTION 2. Amendments. The text of Sections 1070.80 of Chapter 10 (Zoning Ordinance) of
the Corcoran City Code is hereby amended by deleting the sere material and adding the
underlined material as follows:
Subd. 5. The applicant is responsible for all costs associated with the proposed
application. If the required escrow accounts are delinquent, the City may
approve a special assessment against the property, pursuant to the
process outlined in Minnesota Statutes $429.061.
SECTION 3. Effective Date. This ordinance shall be in full force and effect upon its passage.
VOTING AYE
❑ Guenthner, Ken
❑ Asleson, Rich
❑ Cossette, Tom
❑ Gmach, George
❑ Milbrandt, Rosalyn
VOTING NAY
❑ Guenthner, Ken
❑ Asleson, Rich
❑ Cossette, Tom
❑ Gmach, George
❑ Milbrandt, Rosalyn
Whereupon, said Ordinance is hereby declared adopted on this xxx day of December
2011.
ATTEST:
Jeanie Heinecke — Clerk
Kenneth Guenthner - Mayor
Page 2 of 2
City Seal
City of Corcoran
County of Hennepin
State of Minnesota
RESOLUTION NO. 2011-
Motion By:
Seconded By:
December xxx, 2011
A RESOLUTION APPROVING FINDINGS OF FACT FOR AN ORDINANCE AMENDING THE
TEXT OF CHAPTER 9 OF THE CORCORAN CITY CODE, ENTITLED CORCORAN
SUBDIVISION ORDINANCE, AND CHAPTER 10 OF THE CORCORAN CITY CODE,
ENTITLED CORCORAN ZONING ORDINANCE
WHEREAS, the City of Corcoran initiated an amendment to update the Subdivision Ordinance
and Zoning Ordinance to be consistent with the City policies; and
WHEREAS, the City regularly provides for special services for land use applications that benefit
the applicant and the cost for the services is billed to the owner of the benefitted property; and
WHEREAS, the City may provide for the collection of unpaid costs related to the special
services provided by special assessment under the process outlined in Minnesota Statute
§429.101; and
WHEREAS, the Planning Commission has reviewed the proposed text amendments at a duly
called public hearing and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORCORAN, MINNESOTA, that it should and hereby does approve the Subdivision Ordinance
text amendment and Zoning Ordinance text amendment, based upon the finding that the
proposed amendments would be consistent with State law, City policies and the City's
Comprehensive Plan, and compatible with other provisions of the City's Subdivision Ordinance
and Zoning Ordinance.
VOTING AYE
❑ Guenthner, Ken
❑ Asleson, Rich
❑ Cossette, Tom
❑ Gmach, George
❑ Milbrandt, Rosalyn
VOTING NAY
❑ Guenthner, Ken
❑ Asleson, Rich
❑ Cossette, Tom
❑ Gmach, George
❑ Milbrandt, Rosalyn
Whereupon, said Resolution is hereby declared adopted on this xxx day of December
2011.
ATTEST:
Jeanie Heinecke — Clerk
Kenneth Guenthner - Mayor
Page 1 of 1
City Seal
Revised 99E22/12 /19/11
CITY OF CORCORAN
LAND USE APPLICATION FORM
Development /Project Name
Type of Application
❑ Comprehensive Plan Amendment
❑ Zoning/Subdivision Ordinance Amendment
❑ Conditional Use Permit (CUP)
❑ Vacation (Street/Easements)
❑ Sketch Plat/Plan Review (Reg. /OSP)
❑ Final Plat (Reg. /OSP)
❑ PUD Preliminary Plan
❑ Administrative Permit
❑ Topography Exemption
❑ Certificate of Compliance
Property Information
Address
Legal Description (attach if necessary)
Applicant Information
Applicants Name:
Address:
Phone (W)
Print or Type Name:
Signature:
Contact Person Name (If other than applicant)
Phone: Address:
Name:
Address:
Phone (W)
Print or Type Name:
Signature:
For Internal Use Only
Fees Paid: $
Escrow Paid $
Project #
❑ Rezoning
❑ Variance
❑ Interim Use Permit
❑ Site Plan
❑ Preliminary /Plat — Base (Reg. /OSP)
❑ PUD Sketch Plan
❑ PUD Final Plan
❑ Building Right Appeal
❑ Electronic Filing Waiver
PID Number - 119 -23- -
Phone (H) Fax
Email Address
Date
Owner Information
Phone (H)
Email Address
Date
Fax
Revised 9902 ! 12 /19/11
Planning Land Use Application
Page 2
Agreement to Pay Costs of Processing Application
The City of Corcoran requires all applicants and/or the owner(s) of the property to reimburse the City for any and all costs
incurred by the City to review and act upon applications so that these costs are not absorbed by the tax payers.
The application fee includes administrative costs which are necessary to process the application, including but not limited to the
preparation of the legal notice, publication of legal notice, postage, coordination and copying of agenda material, and other
items relative to the specific application.
The escrow fee will include all charges for staff time by the Planning Consultant, City Engineer, City Attorney and / or Other
Consultant as needed to process the application
The City will track all consultant costs associated with the application. If these costs are projected to exceed the money initially
deposited to your escrow account you will be notified in the manner that you have identified below that additional monies are
required in order to continue your application process. All work on the application shall cease until the escrow account is
replenished with the amount estimated by staff to complete the work. If you choose to terminate the application (notice must be
in writing) you will be responsible for all costs incurred to that point. If you choose to continue the process you will be billed
for the additional monies and an explanation of expenses will be furnished. If payment is not received within seven (7) days as
required by this agreement, the City will suspend the application review process and may deny the application for failure to
comply with the requirements for processing the application. Payment for all costs will be required whether the application is
granted or denied.
With my signature below, I hereby acknowledge that I have read this agreement in its entirety and understand the terms herein.
I agree to pay to the City all costs incurred during the review process as set forth in this Agreement. This includes any and all
expenses that exceed the initial Escrow Deposit to be paid within 30 days of billing notification. I further understand that the
application process will be terminated if payment is not made and application may be denied for failure to reimburse the City
for costs.
Property owners: I /we understand and acknowledge that if the aforementioned costs are not paid in a timely manner, the City
may approve a special assessment for which the I /we, as the property owner(s), specifically agree to be assessed 100 percent per
annum, and I /we waive any and all appeals under Minnesota Statutes §seetiee 429.9 061.
I wish to be notified of additional costs in the following manner: ❑E -mail ❑Fax ❑USP — Certified
Mail
Print or Type Name of Property Owner(s) and any other Party Responsible for Payment:
Signature of Responsible Party
Date
STATE OF MINNESOTA)
):ss
COUNTY OF HENNEPIN)
On this day of , 20, before me, a Notary Public within and for said
County, personally appeared
executed the
foregoing instrument as their free act and deed.
Notary
Seal
Notary Public
Revised 09122 ,12/19/11
Please attach a brief description of your project /reason for your request.
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Agenda Item
• •
• •
L A N D F O R M
From Site to Finish
105 South Fifth Street,
MEMORANDUM Suite 513
Minneapolis, MN 55401
DATE November 10, 2011
TO Dan Donahue
.................................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
cc City Council, Planninq Commission
•
• i
Tel: 612 - 252 -9070
Fax: 612 - 252 -9077
www.landform.net
FROM Kendra Lindahl, City Planner
................ ............................... . .................................................. ............................... .. .............................................................................. ............................... ............................ _ ....................... _ ........................................................................................... ......................
RE Active Corcoran Planning Applications
The following is a summary of project status for current, active projects:
Armbruster Topography and Wetland Waiver (city file no. 09 -011). An application has been
received for a waiver from the topography and wetland requirements and was reviewed by the City
Council on November 23, 2009. The City Council expressed concerns about the concept and directed
the applicant to revise the concept plan. The applicant submitted a letter extending the review period
until January 2012. This will allow the city time to complete the ordinance updates and allow the
applicant additional time to explore their options for development /subdivision.
2. Ordinance Updates. The City is in the process of updating the subdivision ordinance, zoning
ordinance and zoning map to implement the 2030 Comprehensive Plan.
a. The zoning ordinance and zoning map updates were approved by the City Council on
September 22 "d
b. The subdivision ordinance updates will be considered on November 21St
c. The park dedication ordinance update was considered by the Planning Commission at a
public hearing on October 6th and tabled until November 3rd to allow the parks planner time to
respond to questions. The Planning Commission voted to recommend approval of the draft
with a few modifications and it is scheduled for Council review on November 21St
3. Daryl and Lori Patnode Accessory Building Contract (city file no. 11 -006). The Patnodes
requested that the City allow them to construct an addition onto an existing barn without approval of a
CUP or Certificate of Compliance due the close of the construction season and need for the barn
addition. The City and the Patnodes that allowed the Patnodes to begin construction on the barn with
the condition that they submit a Certificate of Compliance for City approval upon adoption of the new
Zoning Ordinance that will create the new process.
4. Custom Filtration Inc. Preliminary and Final Plat (city file no. 11 -008). The city received an
application to combine the existing Custom Filtration lot with the outlot to the west. The plat is
tentatively scheduled for Parks & Trails Commission review on November 15th, a rublic hearing at the
Planning Commission on December 1St and City Council review on December 19t .
5. Highland Bank Preliminary and Final Plat approval for "Highland Subdivision" at 10435 CR 19
(city file no. 11 -010). Highland Bank is requesting approval of a preliminary and final plat to subdivide
the existing 60.56 -acre parcel into one 5 -acre lot with the existing home and one 54.19 -acre outlot.
The applicant is not proposing any new development on the site at this time. The application was
scheduled for a public hearing at the Planning Commission on November 3rd and City Council review
is scheduled for November 21St
6. Anderson Ag Preserve Enrollment at 22090 Strehler Road (city file no. 11 -012). Sara Ann
Anderson (Ridesport) has requested that the above - referenced property be enrolled in the Ag
Landforms", SensiblyGreens'" and Site to Finishs' are service marks of Landform Professional Services, LLC.
1
Preserve program. The subject property is currently enrolled in the Ag Preserve program but that
designation will expire on November 26 h. The application is on the November 21St Council agenda.
7. Shamrock Golf Course Site Plan Amendment at 19625 Larkin Road (city file no. 11 -014). Mark
Deziel has submitted an application for a site plan amendment for Shamrock Golf Course for a small
storage building in the southern portion of the site. The application is currently incomplete, but is likely
to be processed administratively as a site plan modification.
8. Development Rights Appeal from Howard Schmid at 21825 Oakdale (city file no. 11 -015).
Howard Schmid has submitted a development rights appeal for his property on Oakdale. He has
requested that this item be scheduled for the January 26, 2012 council meeting.
9. Assessment Ordinance (city file no. 11 -016). Staff is proposing an amendment to the Subdivision
and Zoning Ordinance to formalize the assessment process for delinquent land use fees as described
on the land use application. This item is scheduled for a public hearing at the Planning Commission
on December 1St and City Council review on December 19th.
Also, there are a number of projects that have been approved, but are still not filed and closed out:
1. Corcoran Business Park (city file 06 -005). The City Council granted a one year extension to the
final plat approval, which expired on April 12, 2011. Staff has spoken to the applicant and will be
working to close out this project.
2. Kellys West Oaks (city file 07 -003). On August 9, 2007, the preliminary plat was approved by Res.
2007 -54. Res. 2008 -06 granted final plat approval with 7 findings and conditions on January 24, 2008,
including a condition requiring vacation of an existing easement. The applicant requested and was
granted a one year extension to the approvals. On February 10, 2011, the City Council approved an
after - the -fact plat extension. The approvals now expire on November 1, 2011 unless the applicant
has complied with all conditions of approval and recorded the final plat at Hennepin County.
3. Savoie Fields Final Plat (city file no. 07 -011). This two -lot subdivision was approved and received
one extension that expired on January 28, 2011. The landowner has applied for an after - the -fact
extension of the plat approvals. This item was approved by the City Council on July 28, 2011. The
final plat approvals now expire on January 28, 2012.
4. Lions Park (city file 09 -001). The rezoning to PUD, PUD general plan and PUD final plan to
formalize the existing land uses and allow seasonal outside motor vehicle storage was approved by
the Council on August 27, 2009. The rezoning was effective on the date of approval. However, the
applicant must initiate construction of the improvements PUD within one year after the effective date of
the PUD rezoning by the City Council. Upon good cause shown, the City Council may extend the time
for one additional year. If construction is not commenced within these time periods, any building
permits issued for the PUD shall be void and the Planning Commission may initiate proceeding to
rezone the subject property. The one year period ended on August 27, 2010. Staff visited the site on
November 1St and noted that while some improvements have taken place, including permits along CR
101, the outside storage of vehicles was not initiated within the one year period and the approvals
have expired for that portion of the project. Any work on site requires submittal of plans to the city
for review and approval.
5. Northern Natural Gas Administrative Permit (city file 09 -009). An administrative permit for a meter
station was approved and is under construction. The city will retain the escrow account until the
project is completed to ensure that the project is completed according to the plans. The majority of the
improvements and conditions of approval have been met. However, the landscaping has not yet been
installed. Northern Natural Gas indicates that there are still connections that need to be made on site
and landscaping cannot be installed until completed. City staff was notified that the landscaping was
installed on site and conducted an inspection June 3, 2011. The landscaping and all other
improvements were installed per City requirements. Staff will begin the project closeout process.
6. Park Place Storage Conditional Use Permit Amendment and Site Plan Amendment (city file 10-
006). On September 23rd the City Council approved Resolution 2010 -36 approving the request with a
MEMORANDUM
number of conditions. The applicant is working to address those conditions. The approvals expired
on September 23, 2011.
7. Satellite Industries Site Plan Amendment, Conditional Use Permit Amendment, Lot
Consolidation and Easement Vacation (city file 10 -007). On September 23 d the City Council
approved Resolutions 2010 -37, 2010 -38 and 2010 -39 approving the request with a number of
conditions. The applicant has addressed those conditions and has submitted a building permit
application and has begun site work. Staff inspected the site on October 12th and found that the major
site improvements had been made, but there are several items that still have to be addressed. We
have discussed these items with the landowner. The city has a financial guarantee in place to ensure
completion.
8. Corcoran Wildlife Preserve (city file 10 -009). Preliminary plat (city file 06 -004) was approved on
September 27, 2007 (Res. 2007 -72) with 8 findings and conditions. On September 23, 2010, the city
council approved Resolution 2010 -40 approving the final plat. The applicant has 2 years to address
all conditions of approval and record the final plat. The final plat approvals will expire on
September 23, 2012 unless the applicant requests and is granted an extension.
9. Rocks N Blocks Site Plan Amendment and Conditional Use Permit (city file no. 10 -012). An
application was received for a Conditional Use Permit and Site Plan Amendment to continue operation
of a business with outside storage at 20010 75th Avenue North. The application was approved by the
City Council on June 23rd. This was approved as a way to correct a code enforcement issue. No work
has been done on site to correct the code violations. The City Administrator sent a letter to the
applicant on October 14th regarding the required code violation corrections.
10. Patnode Conditional Use Permit (city file no. 11 -004). An application was received for a
Conditional Use Permit for living quarters accessory to an Agricultural use. This is the follow up to the
wetland and topography waiver granted on January 27th (city file 11 -001). The application was
approved by the City Council on June 23rd
11. Custom Filtration Inc. Site Plan Amendment and Conditional Use Permit Amendment (city file
no. 11 -005). An application received for a site plan amendment and conditional use permit
amendment for a building and parking lot expansion for the existing business at 7219 CR 116. The
City Council approved the request on July 28, 2011. The landowner has submitted a building permit
and will be starting construction this fall.
12. Steffan Svard Administrative Permit for expansion of a legal, non - conforming structure at
19604 Country Circle East (city file no. 11 -009). Mr. Svard submitted an application for approval of
an administrative permit for expansion of a legal, non - conforming structure. The Administrative Permit
was approved on September 26th and a building permit was issued.
13. City of Corcoran Site Plan Modification for Corcoran Shooting Range at 8200 County Road 116
(city file no. 11 -011). The Corcoran Police Department submitted a site plan modification for the
shooting range. The site plan modification was administratively approved on October 17, 2011.
14. Schwab Certificate of Compliance for an Ag Building at 6255 Mohawk (city file 11 -013). A
certificate of compliance has been submitted for an Ag Building on this property. If the application
complies with the ordinance requirements in Section 1030 and Section 1070.065 of the Zoning
Ordinance, the permit has been signed and issued to the applicant.
MEMORANDUM