Resolution : A Resolution Recommending Approval Of Preliminary and Final Plats For Emma Krumbees Third Addition

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1 MEMORANDUM June 11, 2018 TO: FROM: SUBJECT: Planning Chairperson Carter Planning Commission Members Administrator Meyer Cynthia Smith Strack, Community Development Director Resolution : A Resolution Recommending Approval Of Preliminary and Final Plats For Emma Krumbees Third Addition REQUEST Public hearing on a preliminary plat and recommendation pertaining to approval of preliminary and final plats for Emma Krumbees 3 rd Addition. The subject property is owned by Philip A. Morris. Platting is required to expand an existing parking lot which is necessitated by a proposed change of occupancy in an existing structure at 311 Enterprise Drive. The subject property includes both Torrens and abstract property. Public notice of the hearing was posted, published, and mailed to property owners within 350 feet of the subject property. As of the writing of this memo no public comment for or against the preliminary plat has been received. Please find preliminary and final plats attached. LAND USE REVIEW Emma Krumbees 3 rd Addition is a conventional plat resubdividing previously platted property. The plat includes one lot and two outlots. Consistency with Comprehensive Plan The proposed plat appears to be largely consistent with housing, economic development, land use, transportation, public utility, and water management goals, objectives, and policies contained in the 2030 Comprehensive Plan and associated system plans. The subject site is within the corporate limits and the municipal urban service area. Public utilities are available to all lots. Planned land use for the site is commercial which is consistent with the 2030 planned land use. Proposed Land Use The resulting lot appears consistent with B-2 Highway Commercial District minimum lot performance standards. Building permits cannot be issued for outlots unless further subdivision occurs. Financial Impact Development is not proposed at this time. Platting required to expand an existing parking lot. 1 P age

2 MEMORANDUM Transportation Traffic analysis is not required due to limited change in scope of land use. The plat abuts Meridian Street (CSAH 3) which is under County jurisdiction. As such the plat was forwarded to the County Engineer s Office for review and comment. No comments have been received as of the drafting of this memo. The plat was also forwarded to MnDOT as the plat is adjacent to (but does not abut) TH 169. No comment has been received as of the drafting of this memo. Open Space, Parkland Dedication No new lots are being created for development at this time. Park dedication may be required if/when outlots are platted. Utilities Municipal drinking water and sanitary sewer infrastructure is available on site at this time. No new extension is proposed/required. Environmental The project is not large enough to necessitate formal environmental review under state thresholds. Stormwater/Grading/Drainage No new development is proposed at this time. Grading and drainage will be reviewed by the City Engineer under site plan review for expanded parking lot. Title Review Title work has been requested from the Applicant and forwarded to the City Attorney for review. DEPARTMENTAL REVIEW Public Works The plat was forwarded to Alan Fahey Public Works Superintendent for review on May 31, Engineering The plat was forwarded to City Engineer Duncan for review on May 31, Fire Department The plat was forwarded to Fire Chief Stier for review on May 31, City Attorney The plat was forwarded to City Attorney Vose for review on May 30, OTHER AGENCY REVIEW Scott County Highway Department The plat has been forwarded to Scott County Highway Department staff for review and comment. MnDOT The plat has been forwarded to MnDOT for review and comment STAFF/CONSULTANT RECOMMENDATION Approval subject to the following conditions: 1. Preliminary and final plat approval pertains specifically to Emma Krumbees Third Addition a conventional subdivision. 2 P age

3 MEMORANDUM 2. The preliminary and final plats and all correspondence, reports, and, if applicable, conditions and restrictions placed upon the preliminary or final plat by the Belle Plaine Planning Commission shall be made a part of this Resolution. 3. Incorporation of comments or changes as recommended by the City Engineer or City Attorney. 4. Evidence of clear title presented and approved by the City Attorney. 5. Verification real estate taxes are paid. 6. No building permit may be issued for any new construction on either outlot in Emma Krumbees Third Addition without further subdivision. 7. Incorporation of comments or changes as required by Scott County Highway Department, the Scott County Surveyor s Office, Scott County Taxation, and/or Minnesota Department of Transportation. 8. The final plat is to be recorded within ninety (90) days of Council approval. ACTION Resolution is attached for consideration following discussion. ATTACHMENTS The following items are attached: Preliminary and final plats Resolution Recommending approval of preliminary and final plats for Emma Krumbees Third Addition 3 P age

4 (NOT TO SCALE) SOUTH ST 69 Y1 S3 HW 9 6'0 5 1 SITE 3 6 MERIDIAN AVE 8.3 E 20 L=39.67 R= Δ=5 32' E 3 7'0 5 7'2 E N 51 N 89 46'31 E N BLOCK 1 59 E '03 51 S 86 10'07 E N 78 45'53 E FOOT DRAINAGE AND UTILITY EASEMENT PER EMMA KRUMBEES SECOND ADDITION S 88 34'45 E FOOT DRAINAGE AND UTILITY EASEMENT PER EMMA KRUMBEES SECOND ADDITION LEGAL DESCRIPTION All of Lot 1, Block 1, and Outlot A, EMMA KRUMBEES SECONDS ADDITION, according to the recorded plat thereof, Scott County, Minnesota. 9 E N S 00 40'14 W L O T DRAINAGE AND UTILITY EASEMENT PER EMMA KRUMBEES SECOND ADDITION ' TRAIL EASEMENT DOC.NO C H= 3 0 L = C 31 R B = S = 39 L = Δ = ' 4 0 Δ = ' W L Δ = = '3 9 0' N 37 59'04 W W N 3 9' '4 EXCEPT N 00 10'31 E OUTLOT B OUTLOT A S 00 24'27 W N 00 40'14 E N2 The CITY OF BELLE PLAINE ROAD RIGHT OF WAY PLAT NO. 3, according to the recorded plat thereof, Scott County, Minnesota. TOGETHER WITH Parcel 8EV1 of the CITY OF BELLE PLAINE ROAD RIGHT OF WAY PLAT NO. 3, according to the recorded plat thereof, Scott County, Minnesota. AREAS Lot 1 Outlot A Outlot B N 89 49'29 W N 00 10'30 E L= R= Δ=16 42'24 CH= CB=N 60 17'31 E 45 S 8 2 = = R =8 C B CB R = L = 4C4H = =5 0 CH L = L = '5 7 Δ=3 6 H=9.81 L= 26 R 0. = 3 Δ = C B '3 6 =S 2 6 Δ = '2 ' 5 W '3 2 L = Δ= 2. Total L = Δ= 2 L= C S 38 03'41 E UTILITY & SITE DATA SCALE IN FEET ZONING: N 00 10'31 E 3.86 B-2 Highway Commercial SETBACKS: Front Yard LEGEND 3/4 IRON PIPE MONUMENT SET MARKED BY LIC. NO MONUMENT FOUND 35' Side Yard 30' (Street). 20' (Interior); 35' adjacent to Residential District. Rear Yard 20'; 35' adjacent to Residential District. LOT COVERAGE AND BUILDING STANDARDS: 70% Coverage 35' Principle Structure Height N 01 23'05 E SURVEYOR'S CERTIFICATION N 88 36'55 W N 89 49'29 W Acres Acres 5.18 Acres Acres ' 5 12 L= Δ = '38 2Δ = 8 5' 9 L Δ = = N ' W 6 0'46 Δ L 2 Δ = =1 = 8 5' E 0 '1 0' 39 6 R I hereby certify that this survey was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the State of Minnesota. OWNER & SITE ADDRESS Philip Morris 351 Enterprise Dr. Belle Plaine, MN Rory Jensen License Number PRELIMINARY PLAT 05/29/2018 Date PART OF EMMA KRUMBEES SECOND ADDITION EXCEPT ROW PLAT NO. 3 BELLE PLAINE, MINNESOTA 1960 PREMIER DRIVE MANKATO, MINNESOTA (507) FOR: PHILIP MORRIS R Bolton & Menk, Inc. 2018, All Rights Reserved H:\MORRP_PR\M \CAD\C3D\116320_V_PROP_1.dwg 5/29/2018 2:30 PM JOB NUMBER: M FIELD BOOK:. DRAWN BY: ASL 11.0 S

5 OFFICIAL PLAT COPY R NW CORNER SEC MAG NAIL MONUMENT INSTRUMENT OF DEDICATION Know all persons by these presents: that Philip Morris, a single person, owner of the following described property situated in the County of Scott, State of Minnesota, to wit: All of Lot 1, Block 1, and Outlot A, EMMA KRUMBEES SECONDS ADDITION, according to the recorded plat thereof, Scott County, Minnesota. EXCEPT The CITY OF BELLE PLAINE ROAD RIGHT OF WAY PLAT NO. 3, according to the recorded plat thereof, Scott County, Minnesota. TOGETHER WITH Parcel 8EV1 of the CITY OF BELLE PLAINE ROAD RIGHT OF WAY PLAT NO. 3, according to the recorded plat thereof, Scott County, Minnesota. has caused the same to be surveyed and platted as EMMA KRUMBEES THIRD ADDITION and do hereby donate and dedicate to the public for the public use forever the Public Ways, and also dedicate the easements as shown on this plat for drainage and utility purposes only. In witness whereof, said Philip Morris, a single person, has hereunto set his hand this day of, 20. Philip Morris NOTARY'S CERTIFICATE State of Minnesota County of The foregoing instrument was acknowledged before me, this day of, 20 by Philip Morris. N 25 58'49 E N 51 47'03 E OUTLOT B S 00 40'14 W N 51 47'03 E N 00 40'14 E L=39.67 R= Δ=5 32'28 L= CH= CB=S 23 10'34 W Δ=18 49'40 N 37 59'03 W L= Δ=26 10'59 L= R= Δ=45 00'39 S 86 10'07 E N 51 27'25 E N 37 59'04 W ' TRAIL EASEMENT DOC.NO S 35 16'09 E L O T 1 N 78 45'53 E FOOT DRAINAGE AND UTILITY EASEMENT PER EMMA KRUMBEES SECOND ADDITION BLOCK 1 OUTLOT A DRAINAGE AND UTILITY EASEMENT PER EMMA KRUMBEES SECOND ADDITION S 88 34'45 E N 89 46'31 E FOOT DRAINAGE AND UTILITY EASEMENT PER EMMA KRUMBEES SECOND ADDITION S 00 24'27 W MERIDIAN AVE HWY 169 SITE (NOT TO SCALE) SOUTH ST, Notary Public, State of Minnesota, My Commission Expires SURVEYOR'S CERTIFICATE I, Rory Jensen, Land Surveyor, do hereby certify that I have surveyed or directly supervised the survey of the property described on this plat; prepared this plat or directly supervised the preparation of this plat; 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 outside boundary monuments depicted on this plat have been correctly set and that all other required monuments have or will be correctly set within one year of the recording of this plat; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section , Subd. 3, as of the date of the surveyor's certification are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of, 20. _ Rory Jensen, Land Surveyor Minnesota License Number NOTARY'S CERTIFICATE State of Minnesota County of Blue Earth The foregoing instrument was acknowledged before me, this day of, 20 by Rory Jensen, Land Surveyor, Minnesota License Number Laura E. Busch, Notary Public State of Minnesota My Commission Expires APPROVALS CITY PLANNING AND ZONING Be it known that on this day of, 20, the Planning and Zoning Commission of the City of Belle Plaine, Minnesota, did duly approve this plat. _ Chairperson CITY COUNCIL Be it known that on this day of, 20, the City Council of the City of Belle Plaine, Minnesota, did duly approve this plat of EMMA KRUMBEES THIRD ADDITION, and is in compliance with the provisions of Minnesota Statutes, Section , Subd. 2. N 00 10'31 E N 89 49'29 W N 00 10'30 E N 89 49'29 W N 00 10'31 E 3.86 L= Δ=52 29'30 L= R= Δ=89 30'16 CH= CB=S 45 25'22 W L = R= L= Δ=89 30'16 CH= CB=N 45 25'22 E Δ=37 48'59 L= Δ=37 00'46 L= Δ=23 30'39 L = Δ=28 10'38 N 88 36'55 W L= R= Δ=16 42'24 CH= CB=N 60 17'31 E N 01 23'05 E L=67.65 Δ=12 55'12 L= L= Δ=38 36'36 Δ=51 31'48 R= CH= CB=S 26 10'25 W S 38 03'41 E SCALE IN FEET Mayor _ Administrator COUNTY ATTORNEY I hereby certify that I have examined this plat of EMMA KRUMBEES THIRD ADDITION and do hereby recommend this plat for approval as to form this day of, 20. Scott County Attorney COUNTY SURVEYOR Pursuant to Minnesota Statutes, Chapter , Subd. 1, as amended, this plat has been reviewed and approved this day of, 20. Scott County Surveyor COUNTY AUDITOR AND TREASURER I hereby certify that the current and delinquent taxes on the lands described within are paid and the transfer is entered this day of, 20. Scott County Auditor Scott County Treasurer Deputy COUNTY RECORDER I hereby certify that this plat was filed in this office this day of, 20, O' Clock.M. as Document Number. Scott County Recorder COUNTY REGISTRAR OF TITLES I hereby certify that this instrument was filed in the office of the Registrar of Titles for record on this day of, 20, at o'clock.m. and duly recorded as Document No.. Scott County Registrar of Titles H:\MORRP_PR\M \CAD\C3D\116320_V_PROP_1.dwg 5/29/2018 2:31 PM M ASL 11.0 S

6 BELLE PLAINE PLANNING COMMISSION RESOLUTION PZ A RESOLUTION RECOMMENDING APPROVAL OF PRELIMINARY AND FINAL PLATS FOR EMMA KRUMBEES THIRD ADDITION PID: and Legal: Attached as Exhibit A WHEREAS, Philip A. Morris is the Fee Owner of property as described in Exhibit A hereto attached; and, WHEREAS, Philip A. Morris has applied for preliminary and final plat approval under Chapter 12 of the City Code for Emma Krumbees Third Addition ; and, WHEREAS, the plat, if approved, will enable expansion of an existing parking facility ancillary to a commercial use; and, WHEREAS, the subject property is planned for commercial use and zoned B-2 Highway Commercial District; and, WHEREAS, preliminary and final plats have been reviewed by City and consulting staff; and, WHEREAS, the Planning and Zoning Commission conducted a public hearing on the preliminary plat of Emma Krumbees Third Addition on June 11, 2018, following posted, mailed, and published notice; and, WHEREAS, the Planning and Zoning Commission has reviewed the preliminary and final plats as they relate to the City s Comprehensive Plan and Code standards and finds: 1. The subject property is planned for highway commercial development under the 2030 Comprehensive Plan. 2. The subject property is zoned B-2 Highway Commercial District. The lot created appears consistent with lot performance standards for the B-2 District. 3. No new development is proposed; under Code no new building permits may be issued for outlots. 4. Parkland dedication is not required for the lot being created as the plat contemplates resubdivision of previously platted lots of record. Parkland dedication may be required when Outlot A or B is further subdivided. 5. Improvements are not contemplated at this time as a full complement of urban services are provided to resulting lots. NOW THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF BELLE PLAINE THAT: It hereby recommends the City Council approve preliminary and final plats for Emma Krumbees Third Addition, attached hereto as Exhibits B and C, subject to the following conditions: 1. Preliminary and final plat approval pertains specifically to Emma Krumbees Third Addition a conventional subdivision. 2. The preliminary and final plats and all correspondence, reports, and, if applicable, conditions and restrictions placed upon the preliminary or final plat by the Belle Plaine Planning Commission shall be made a part of this Resolution. 3. Incorporation of comments or changes as recommended by the City Engineer or City Attorney. 4. Evidence of clear title presented and approved by the City Attorney.

7 5. Verification real estate taxes are paid. 6. No building permit may be issued for any new construction on either outlot in Emma Krumbees Third Addition without further subdivision. 7. Incorporation of comments or changes as required by Scott County Highway Department, the Scott County Surveyor s Office, Scott County Taxation, and/or Minnesota Department of Transportation. 8. The final plat is to be recorded within ninety (90) days of Council approval. The adoption of the foregoing resolution was duly moved by Commissioner and seconded by Commissioner, and after full discussion thereof and upon a vote being taken thereon, the following Commissioners voted in favor thereof:. and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. Dated this 11 th day of June, Ashby Carter Planning Commission Chairperson Cynthia Smith Strack Community Development Director

8 EXHIBIT A PZ RESOLUTION LEGAL DESCRIPTION All of Lot 1, Block 1, and Outlot A, Emma Krumbees Second Addition, according to the recorded plat thereof, Scott County, Minnesota. Except: The City of Belle Plaine Road Right of Way Plat No. 3, according to the recorded plat thereof, Scott County, Minnesota. Together with: Parcel 8EV1 of the City of Belle Plaine Road Right of Way Plat No. 3, according to the recorded plat thereof, Scott County, Minnesota.

9 EXHIBIT B PZ RESOLUTION PRELIMINARY PLAT: EMMA KRUMBEES THIRD ADDITION

10 EXHIBIT C PZ RESOLUTION FINAL PLAT: EMMA KRUMBEES THIRD ADDITION

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