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MEMORANUM ATE: May 16, 2016 FROM: Cynthia Smith Strack, Community evelopment irector ISCUSSION ITEM: Hold public hearing and act on: Resolution 16-117 Approving Preliminary Plat for Buesgens Commercial Center. BACKROUN/ JUSTIFICATION: The City Council will hold a public hearing on Buesgens Commercial Center preliminary plat. Additional information is included in the background memo and attachments affixed hereto. The plat has been drafted by the City Engineer s office and was paid for through a grant from Scott County s EI program. The local match for plat development is being paid by the property owner. The purpose of the plat is to create shovel ready lots as opposed to accommodate a specific project at this time. ATTACHMENTS: FISCAL IMPACT: Committee Review The Planning Commission held a public hearing on the pre-plat September 12 th and recommended conditional approval of the plat. Park Board will review the plat prior to the Council meeting. Staff memo to Planning Commission dated September 12, 2016 Application and attachments Resolution 16-117 Approving Preliminary Plat for Buesgens Commercial Center. Future improvements will be financed by the Applicant. RECOMMENATION: Conditional approval of Resolution 16-117 Approving Preliminary Plat for Buesgens Commercial Center. ACTION OPTIONS: 1. Approve the request. 2. eny the request with findings. 3. Postpone consideration pending receipt of additional information. SINATURE:

CITY OF BELLE PLAINE RESOLUTION 16-117 A RESOLUTION APPROVIN PRELIMINARY PLAT FOR BUESENS COMMERCIAL CENTER WHEREAS, the City Code 1204.02 provides for the processing of preliminary plats; and, WHEREAS, Les and Janis Buesgens have submitted for consideration a preliminary plat entitled Buesgens Commercial Center as presented in Attachment A affixed hereto; and WHEREAS, the evelopment is proposed for property identified as PI #209050010 and legally described in Attachment B affixed hereto; and, WHEREAS, a public hearing was scheduled and held by the Planning Commission, the City s designated Planning Agency, on September 12, 2016 following duly published notice to accept public comment on the proposed preliminary plat; and, WHEREAS, the Planning Commission, following the public hearing, discussed and considered the preliminary plat; and, WHEREAS, the Planning Commission finds 1. The subject parcel is within the municipal urban service area. 2. The plat is broadly consistent Comprehensive Plan policies related to managed growth, promotion of infill development, and acceptance of mixed use development. 3. Present and planned uses in the area feature a mix of commercial uses and agricultural land cover. 4. Existing water production and distribution facilities and sanitary sewer collection/treatment systems are designed and planned to accommodate development of similar density/intensity at the subject site. 5. The proposed plat use is consistent with planned use and existing zoning. WHEREAS, the City Council held a public hearing on the request at a regularly scheduled meeting September 19, 2016; and, WHEREAS, the City Council considered the request and the Planning Commission recommendation. NOW, THEREFORE BE IT RESOLVE BY THE CITY COUNCIL OF THE CITY OF BELLE PLAINE, SCOTT COUNTY, MINNESOTA, THAT: A preliminary plat entitled Buesgens Commercial Center is hereby approved, subject to the following conditions: 1. Recording of a roadway easement agreement between the property owner and the owner of Lot 1, Block 1 iversified Business Park 2 nd Addition (Coborns). 2. Filing of a final plat within one year. 3. Execution of a development agreement. The adoption of the foregoing resolution was duly moved by Councilmember and seconded by Councilmember, and after full discussion thereof and upon a vote being taken thereon, the following Councilmembers voted in favor thereof:. Councilmember was not present. and the following voted against the same:.

Whereupon said resolution was declared duly passed and adopted. ated this 19 th day of September, 2016. ATTEST: Michael Pingalore Mayor awn Meyer Interim City Administrator

Attachment A (Resolution 16-117) Preliminary Plat

ATTACHMENT B RESOLUTION 16-117 LEAL ESCRIPTION: BUESENS COMMERCIAL CENTER

MEMORANUM September 12, 2016 TO: FROM: SUBJECT: Chairperson Hvidsten Members of the Planning Commission Interim Administrator Meyer Cynthia Smith Strack, Community evelopment irector Preliminary Plat Buesgens Commercial Center 1. Resolution PZ 16-018, Recommending the City Council Approve a Preliminary Plat for Buesgens Commercial Center. The purpose of this memo is to provide the Commission with information regarding preliminary plat review for Buesgens Commercial Center. The plat consists of 40 acres traversed by Enterprise rive and Hickory Boulevard. The proposed plat results in four commercial lots ranging from approximately six acres to 11 acres. The preliminary plat was drafted pursuant to a corridor readiness grant received from the Scott County CA. The corridor readiness grant is designed to create shovel-ready commercial and industrial lots. Parcels must be platted to be considered shovel ready. The City Engineer s office has drafted the plat. Street and utility extension information for the extension of Enterprise rive to the east is on-going. COMPREHENSIVE PLAN The 2008 Comprehensive Plan assigns commercial and commercial/industrial planned land use for the subject parcel. As such the proposed use is consistent with the Comprehensive Plan. ZONIN The present zoning is consistent with future land use. The northern portion of the plat is zoned B-2 Highway Business and the southern portion is zoned I/C Industrial/Commercial istrict. Lots currently zoned as B-2 meet requirements prescribed in Code 1105.10 including minimum district size of five acres and minimum frontage of 200 feet. There is no minimum lot size in the B-2 istrict; minimum lot width is 100 feet. Both proposed B-2 lots meet the underlying lot dimensional requirements. Lots currently zoned I/C meet requirements prescribed in Code 1105.13 including minimum district size of five acres and minimum frontage of 300 feet. Minimum lot size in the I-C istrict is 20,000 sf; minimum lot width is 100 feet. Both proposed I-C lots meet the underlying lot dimensional requirements PRELIMINARY PLAT REVIEW Proposed Intensity The subject property is being subdivided to facilitate creation of shovel ready lots, not for an imminent development project. We define the concentration of commercial uses on an intensity scale not as a density calculation. The intensity of a commercial use is defined as the percentage of building area (all stories) to 1 P a g e

MEMORANUM lot size. The City doesn t employ a floor area ratio (FAR) but rather regulates intensity based on impervious surface coverage (70% for B-2; 85% in I-C) and maximum building height (35 ). For the purpose of this review four lots are proposed. It is anticipated lots may be split and/or re-platted as development occurs and defined use needs become apparent. LOT BLOCK AREA MAXIMUM INTENSITY Lot 1 Block One 5.99 ac 30,492 sf/ac (single story, combined impervious) Lot 1 Block Two 8.36 ac 30,492 sf/ac (single story, combined impervious) Lot 1 Block Three 6.35 ac 37,026 sf/ac (single story, combined impervious) Lot 1 Block Four 11.29 ac 37,026 sf/ac (single story, combined impervious) evelopment Phasing Blocks one and three are improved. Construction of the projection of Enterprise rive to the east and utility installation will be driven by development of blocks two and four. Any development on block two or four will require construction of Enterprise rive east of Hickory Boulevard and extension of utility mains to the easternmost property line. The City Engineer indicates development in blocks two and four (depending on construction type i.e. at grade vs. full basement) should be accommodated by existing sanitary conveyance system as opposed to necessitating the extension of the northern sanitary interceptor sewer. Financial Impact Improvements necessitated by development in Block Two and Four will be financed primarily by the benefitting properties with public participation in oversizing of roads and utility mains. Transportation The plat illustrates ROW for the projection of Enterprise rive to the east and for incorporation of potential round-abouts at Hickory & Enterprise and Hickory & Main/64. Intersection changes, if and when they occur, will be dependent on traffic generation. Traffic analysis will be conducted as infill and development occurs. The property owner is working on clarifying a roadway easement agreement with property owners west of Lot 1, Block One. Access to Lot 1, Block One will be from shared entryway to Coborns and Mconalds commercial center. Access to Lot 1, Block Three should align with the existing shared accessed to the north. Access to Blocks two and four from Enterprise rive will be development driven. Parkland edication Fee in lieu of parkland dedication is proposed with timing of fee submittal open for discussion. At this time the net developable acreage (minus pipeline easement and stormwater pond) is 29.41acres. Fee in lieu is $2,935/acre for an estimated total of $86,318.35. Environmental The acreage platted is not large enough to necessitate formal environmental review under state thresholds. In the event environmental review is necessitated by proposed development said review will occur at that time. Stormwater/rading/rainage Utility extension planning, including storm sewer main is in progress by the City Engineer. Review of individual development projects related to stormwater management, grading, and erosion control will be conducted on a case by case basis. Lighting Street lighting adjacent to the extension of Enterprise rive will be addressed by Xcel when improvements occur. 2 P a g e

MEMORANUM Public Works The plat was forwarded to Public Works Superintendent Fahey for input. Fire epartment The plat was forwarded to Fire Chief Stier for input. Engineering City Engineer uncan has, under the City/EA grant, supervised creation of the plat. Scott County The pre-plat was forwarded to Scott County along with a public hearing notice. No comments have been received. PUBLIC NOTICE & COMMENT Notice A notice of public hearing was drafted, published in the official newspaper, posted, and distributed to owners of real property within 350 feet of the plat. Comment No oral or written comments for or against the plat have been received as of the drafting of this memo. STAFF RECOMMENATION Staff Recommendation Sample resolution 16-018 recommending conditional approval of the pre-plat to the Council is attached. Staff recommend approval of the preliminary plat subject to the following conditions: 1. Recording of a roadway easement agreement between the property owner and the owner of Lot 1, Block 1 iversified Business Park 2 nd Addition (Coborns). 2. Submittal of street and utility extension information for the extension of Enterprise rive to the east of Hickory Boulevard. 3. Filing of a final plat within one year. 4. Execution of a development agreement. 3 P a g e

1356.28 S 01 09'14" E 2722.06 2797.02 BUESENS COMMERCIAL CENTER W 1/4 CORNER FOUN IRON BAR NE CORNER NW 1/4-SW 1/4 E 1/4 CORNER CAST IRON MONUMENT PRELIMINARY PLAT LEAL ESCRIPTION The following were provided in Old Republic Title Insurance Company, Commitment Number PRE229461, Effective date June 29, 2016, at 7:00 a.m., Schedule A. The Northwest Quarter of the Southwest Quarter of Section 5, Township 113 North, Range 24 West, Scott County, Minnesota, Excepting therefrom the following: Commencing at a point 208 feet East and 33 feet South of the Northwest corner of the Northwest Quarter of the Southwest Quarter; thence East along the south right of way line of the County Road a distance of 50 feet; thence South a distance of 30 feet; thence West a distance of 50 feet; thence North a distance of 30 feet to the point of beginning and also except Parcel Nos. 3N1, 3N2 and 3N3, Scott County Right of Way Plat No. 36, Scott County, Minnesota. 0 100 200 SCALE IN FEET NOTES CORRESPONIN TO SCHEULE B - EXCEPTIONS The following were provided in Old Republic Title Insurance Company, Commitment Number PRE229461, Effective date June 29, 2016, at 7:00 a.m, Schedule B - Exceptions. The items referenced correspond to the items defined in the Title Commitment's Schedule B - Exceptions, and are referenced on survey drawing by item number. Items 1 through 5, and 10, Schedule B - Exceptions are not addressed on this survey. Horizontal atum: HARN 2011 Scott County Coordinate System Vertical atum: NAV 1988 Item 6: There is an easement for pipeline purposes over part of the property as described in and shown by ocument No. 51095, as assigned, an as modified by ocument No. 348923. Assigned to Northern Natural as Company by Assignment of Easements dated September 28, 1938, filed ecember 23, 1938 in Book 11 of Misc., Page 187. AREA (IN ACRES) 33' ASSUME PRESCRIPTIVE EASEMENT PARCEL 68 EXCEPTION 3N1 3N2 3N3, BLOCK ONE, BLOCK TWO, BLOCK THREE, BLOCK FOUR E. ENTERPRISE RIVE C1 C2 C3 C4 C5 C6 REMNANT TOTAL AREA NW 1/4-SW 1/4 0.982 1.952 0.034 3.521 0.176 0.635 5.991 8.361 6.359 11.293 1.204 0.067 0.070 0.069 0.044 0.045 0.042 0.002 40.847 Amended by Modification and Amendment of Easement rant dated January 12, 1995, filed February 13, 1995, as ocument No. 348923. The easement defined in ocument No. 51095 in Book of Easements, Page 1, was blanket in nature. The Modification and Amendment of Easement rant, ocument No. 348923, more clearly defined the easement based on the pipe line location. Bolton & Menk, Inc. has shown said easement as interpreted from the information contained in ocument No. 348923 on the survey map. The easement description defined on page 1 of 2, Exhibit A is erroneous. The description neglects to define the bearing of the of the West line of the Northwest Quarter of the Southwest Quarter of Section 5. In order to plot said easement on survey map, BMI had to reference the information on page 2 of 2, Exhibit A. Item 7: Subject to Scott County Highway Right of Way Plat No. 36. The filing of the plat itself did not transfer any rights. Bolton & Menk, Inc. has shown said access control and parcels, as depicted on Scott County Highway Right of Way Plat No. 36, on the survey map. (Not the Temporary Easement limits.) No documentation was provided to BMI granting access control as depicted on said Right of Way Plat by subject property's owners. See Item 8 below regarding the release of parcel EV1 as depicted on said Right of Way Plat. Item 8: Subject to Scott County Highway Right of Way Plat No. 70-26. The title commitment's reference to "Scott County Highway" is incorrect. The plat is named Minnesota epartment of Transportation Right of Way Plat No. 70-26. The filing of the plat itself did not transfer any rights. Parcel 68 of said Right of Way Plat No 72-26 granted a perpetual Easement for highway purposes, in favor of the State of Minnesota, as created in document dated January 20, 2005, filed February 1, 2005, as ocument No. A687443 and as depicted on Minnesota epartment of Transportation Right of Way Plat No. 70-26 filed as ocument No. 618679. Bolton & Menk, Inc. has shown said Parcel 68 as depicted on Minnesota epartment of Transportation Right of Way Plat No. 70-26 on the survey map. (Refer to shaded area on survey map, Parcel 68) A portion of Parcel 68 was released by the State of Minnesota per ocument No. A799565. The portion released corresponds to Parcel 3EV1 per Scott County Highway Right of Way Plat No. 36. A portion of Parcel 68 was turnback to City of Belle Plaine per ocument No. A900793. Item 9: Easements for drainage and utility purposes and trail purposes over part of the property described in ocument No. 809734. The Easement limits are depicted on the survey sketch. PROPERTY ZONE B-2 & 1-C B-2: HIHWAY COMMERCIAL ISTRICT SETBACK REQUIREMENTS - SCOTT COUNTY FRONT YAR 35 FEET SIE YAR(STREET) 30 FEET SIE YAR(INTERIOR) 20 FEET; 35 FEET AJ. TO RES. ISTRICT REAR YAR 20 FEET; 35 FEET AJ. TO RES. ISTRICT MINIMUM LOT WITH = 100 FEET MINIMUM LOT SIZE = NONE SCOTT COUNTY SCOTT COUNTY SW CORNER IRON PIPE MONUMENT SW CORNER NW 1/4-SW 1/4 SE CORNER NW 1/4-SW 1/4 I-C: INUSTRIAL/COMMERCIAL ISTRICT FRONT YAR 35 FEET SIE YAR(STREET) 30 FEET SIE YAR(INTERIOR) 20 FEET; 55 FEET AJ. TO RES. ISTRICT REAR YAR 25 FEET; 55 FEET AJ. TO RES. ISTRICT MINIMUM LOT WITH = 100 FEET MINIMUM LOT SIZE = 20,000 SF (.4591 ACRES) NW 1/4 S 88 35'23" E 2592.05 1296.03 NE 1/4 S 88 35'23" E 2866.27 HWY 169 NW 1/4 CTY R #64 NE 1/4 OWNER/EVELOPER Leslie A. Buesgens and Janis Ann Buesgens, Trustees under the Leslie A. Buesgens Living rust dated February 17, 1997 and Janis Ann Buesgens and Leslie A. Buesgens, Trustees under the Janis Ann Buesgens Living Trust dated February 17, 1997 ARESS N 01 51'23" E 2704.93 1352.46 NW 1/4-SW 1/4 SITE S 88 26'02" E 1331.75 S 00 20'47" W SW 1/4 S 01 09'14" E SE 1/4 ENTERPRISE R. SITE NW 1/4-SW 1/4 CSAH #5 SW 1/4 SE 1/4 Bolton & Menk, Inc. 2016, All Rights Reserved H:\BELL\M15111435\CA\C3\111435PR1-2011 ATUM.W 08-18-2016 3:17p.m. MONUMENT FOUN BENCH HYRANT COMMUNICATION UNERROUN ELECTRIC UNERROUN AS UTILITY OVERHEA EASEMENT LINE LEEN LIHT POLE UTILITY POLE BUILIN SETBACK FENCE LINE ACCESS CONTROL LINE ROA R/W LINE CURB & UTTER INTERMEIATE CONTOURS INEX CONTOURS SURVEYOR'S CERTIFICATION 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. Janele Fowlds License Number 26748 6-30-2016 ate S 88 17'10" E 2734.92 SECTION BREAKOWN JOB NUMBER: NOT TO SCALE PRELIMINARY PLAT CITY OF BELLE PLAINE 1960 PREMIER RIVE MANKATO, MINNESOTA 56001 (507) 625-4171 M15.111435 FIEL BOOK: 50-M, P74 RAWN BY: PR VICINITY MAP NOT TO SCALE PART OF NORTHWEST QUARTER OF SOUTHWEST QUARTER FOR: LES BUESENS/CITY OF BELLE PLAINE R24-T113-S5-32

S S MAIN STREET / CSAH NO. 5 S 88 35'23" E 1296.03 MAIN STREET / COUNTY ROA NO. 64 CU CU CONC. CURB START OU OU OU CU OU OU OU OU OU OU S 01 51'23" W 624.03 CONC. CURB START BLOCK ONE o o o o o o o o o o o o o o o o TU S o o o o o HICKORY BLV / CSAH NO. 5 70.00 PIPELINE EASEMENT IN FAVOR OF NORTHERN NATURAL AS COMPANY - OC. NO. 348923 RAINAE & UTILITY EASEMENT PER OCUMENT A809734 (ITEM 9) BLOCK TWO ENTERPRISE RIVE 12" STM ENTERPRISE RIVE 12" WMN 8" SAN RIVEWAY LOCATIONS MINIMUM 500' EAST OF CSAH 5 AS LINE LOCATION AN ELEVATION TO BE VERIFIE URIN FINAL ESIN 80' R/W 58' F-F 12" WMN 12" SAN 12" SAN 12" WMN 52' F-F BLOCK THREE 0 50 100 HORZ. Bolton & Menk, Inc. 2016, All Rights Reserved SCALE FEET H:\BELL\M15111435\CA\C3\isplay\111435PR-PLAT.dwg 8/19/2016 10:05 AM 12" STM BLOCK FOUR 1960 PREMIER RIVE - MANKATO, MINNESOTA 56001 Phone: (507) 625-4171 Email: Mankato@bolton-menk.com www.bolton-menk.com 12" WMN 8" SAN I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARE BY ME OR UNER MY IRECT SUPERVISION AN THAT I AM A ULY LICENSE PROFESSIONAL ENINEER UNER THE LAWS OF THE STATE OF MINNESOTA.. JOSEPH UNCAN II 26100 LIC. NO. ATE 8/19/2016 CITY OF BELLE PLAINE, MINNESOTA BUESENS COMMERCIAL CENTER PRELIMINARY PLAT STREET & UTILITY EXTENSIONS SHEET 1 OF 2

S S MAIN STREET / CSAH NO. 5 MAIN STREET / COUNTY ROA NO. 64 BLOCK ONE HICKORY BLV / CSAH NO. 5 o o o o o o o o o o o o o o o o 70.00 PIPELINE EASEMENT IN FAVOR OF NORTHERN NATURAL AS COMPANY - OC. NO. 348923 R/W 1:4 MAX 1:4 MAX BLOCK TWO RAINAE & UTILITY EASEMENT PER OCUMENT A809734 (ITEM 9) 0.67'.02 FT/FT 40' 8' SHLR 1.5" BITUMINOUS WEAR COURSE (MVWE35035C) (2350) BITUMINOUS TACK COAT (INCIENTAL) 2" BITUMINOUS NON-WEAR COURSE (MVNW35035C) (2350) BITUMINOUS TACK COAT (INCIENTAL) 2" BITUMINOUS NON-WEAR COARSE (MVNW35035C) (2350) 11" AREATE BASE CL. 5 (2211) 14" SELECT RANULAR MATERIAL (2105) (AS IRECTE BY THE ENINEER) 6" SUBRAE PREPARATION (2112) (INCIENTAL) BITUMINOUS PAVEMENT SECTION 12' THRU LANE TYPICAL SECTION ENTERPRISE RIVE.025 FT/FT 80' LC 6' 6' 12' TWO WAY LEFT THRU LANE TURN LANE.025 FT/FT B624 CURB AN UTTER 8' SHLR 40' 0.67' 5' BLV.02 FT/FT 6' CONC WALK 2.33' 1:4 MAX 1:4 MAX R/W ENTERPRISE RIVE ENTERPRISE RIVE 1.5' SEE BITUMINOUS PAVEMENT SECTION 1.5' 0 HORZ. SCALE Bolton & Menk, Inc. 2016, All Rights Reserved H:\BELL\M15111435\CA\C3\isplay\111435PR-PLAT.dwg 8/19/2016 10:05 AM BLOCK THREE 50 100 FEET o o o o o INTERSECTION CONTROL EVALUATION TO BE PERFORME WITH SUBSEQUENT PROPOSE EVELOPMENTS. RIHT-OF-WAY SHOWN ACCOMMOATES ROUNABOUT. 1960 PREMIER RIVE - MANKATO, MINNESOTA 56001 Phone: (507) 625-4171 Email: Mankato@bolton-menk.com www.bolton-menk.com BLOCK FOUR I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARE BY ME OR UNER MY IRECT SUPERVISION AN THAT I AM A ULY LICENSE PROFESSIONAL ENINEER UNER THE LAWS OF THE STATE OF MINNESOTA.. JOSEPH UNCAN II 26100 LIC. NO. ATE 8/19/2016 CITY OF BELLE PLAINE, MINNESOTA BUESENS COMMERCIAL CENTER PRELIMINARY PLAT LANE CONFIURATION SHEET 2 OF 2