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6.7. SR 08-18-1997£ity of River MEMORANDUM Item # 6.7. TO: FROM: DATE: SUBJECT: Mayor and City Council Steve Ach, City Planner August 18, 1997 Request by Phoenix Enterprises for Preliminary and Final Plat Approval (Hillside Crossing Three), Public Hearing Case No. P 97-11 Issue Phoenix Enterprises is requesting preliminary plat approval to subdivide approximately 3.5 acres into I commercial lot and 1 outlot. Location Southeast corner of 197tn Avenue and Highway 169. Zoning/Land Use PUD (Planned Unit Development) / HB (Highway Business) Attachments Resolution No. 97-__ Memo from the City Engineer dated July 18, 1997 · Location map Proposed plat of Hillside Crossing Three · Proposed plans byAmoco Oil · Approved development plans for the Hillside Crossing Planned Unit Development · Letter from Terry Humbert, MnDOT, dated July 14, 1997 Overview The preliminary plat involves subdividing approximately 3.5 acres into one commercial lot and one outlot. The new lot would be approximately 60,000 square feet (1.3 acres) with the outlot having an area of 87,952 square feet (2 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 Memo to the Mayor and City Council/P 97-11 July 21, 1997 Page 2 acres). The subject property was originally platted as an outlot along with Hillside Crossing II planned unit development which included all of the property north of Sax Foods up to 197th Avenue. The concept plans for Hillside Crossing planned unit development were approved with the subject site shown as one large parcel including one commercial building, with an area of approximately 11,400 square feet. The original concept plan also included extensive earth berming along 197th Avenue and Evans Street to serve as a buffer to the residential areas immediately to the north and northeast. The concept plan indicated much larger setback areas along Highway 169 to provide the opportunity for additional landscaping. Traffic~Circulation Reviewing the proposed plans submitted by Amoco Oil along with the proposed subdivision and anticipated future projects in this area, staff has taken a close look at the proposed driveway locations, turning movements, potential conflicts and ultimate traffic demands in this area. Based on previous projects and past experience, staff offers the following comments: The right in only off of 197tn is approximately 145 feet from Highway 169. This is 20 feet further from Highway 169 than the SuperAmerica on 193rd. The 145 feet is closer to the highway than some of the other gas stations recently approved in the city (both Holiday locations). In a letter from Terry Humbert, MnDOT Traffic Engineer, it is pointed out the need to keep the intersections along Highway 169 as "free-flowing" as possible. Mr. Humbert suggests the proposed location of the right-in should be discouraged at this location. The concept plan approved for this site showed no access onto Evans along the east side of the property. Therefore, no comments were made regarding potential access drives. Staff would recommend any new access along Evans line up with 196th to the east. Only one additional driveway should be allowed onto Evans from the remaining outlot. The location should be located to the south end of Outlot A, similar to the driveway shown on the concept plans. \\elkriver\sys\shrdoc\council\p97-11.doc Memo to the Mayor and City Council/P 97-11 July 21, 1997 Page 3 Driveway locations should take advantage of maximizing sight distances. Relocating the driveway opposite 196th will improve this issue. Lastly, it is difficult to review this plat and pending development without considering access to the property east of Evans. Once again, an additional driveway opening onto Evans between 196th and 197th will raise some concern. To preserve the integrity of Evans as a frontage road and minimize turning movements, there should be no additional driveways between 197th and 196th. This issue can be discussed in full when the property is platted for development. Additional Right-of-Way Recently staff has noticed some areas of concern when the ultimate right-of- way is not dedicated. Therefore, in order to achieve enough room for pedestrian system, utilities, snow storage, etc., a 15 foot boulevard is required. It appears an additional 5 feet will be necessary along Evans Street to accomplish the 15 foot boulevard. Fire Protection The Fire Chief has indicated a need to loop the watermain through this plat for fire protection purposes. Currently, the watermain extends north on Evans Street and stops approximately at the proposed entrance into the Amoco site. Based on the Fire Chiefs recommendation, the watermain loop would extend west from Evans along the new property line to Highway 169 and then south to Evans to complete the necessary loop. In addition, two on- site hydrants will be required to provide fire protection to both the proposed Amoco building and future commercial building on the outlot to the south. The necessary easements to install the watermain and hydrants will need to be included on the plat. Park Dedication The Park and Recreation Commission has reviewed the preliminary plat and has recommended a payment of cash to meet the park dedication requirements. The park dedication will apply to the proposed Lot I at this time, with future dedications coming from the outlot when it is replatted. \\elkriver\sys\shrdoc\council\p97-11.doc Memo to the Mayor and City Council/P 97-11 July 21, 1997 Page 4 Indirect Source Permit The Minnesota Pollution Control Agency (MPCA) has issued a draft Indirect Source Permit (ISP). The final permit will be provided to the city on August 13, 1997. Outlot A Outlot A has a gross area of approximately two acres. This includes the Menards sign and some ponding area. The usable area is approximately 1.5 acres. Staff recommends the usable area is not large enough for two commercial lots consistent with the approved concept plan. Therefore, Outlot A should not be platted into more than one commercial lot. Pedestrian Circulation Currently a sidewalk exists along the south side of 197th to Evans Street. The sidewalk then continues south along the east side of Evans to 193fa. With the development of Lot 1, Block 1, Hillside Crossing Three, a sidewalk along the west side of Evans should be installed along with this plat. It is recommended the sidewalk be extended to the new driveway from the Amoco site onto Evans, with the ultimately continuing south to the southerly driveway when Outlot A is developed. Recommendation Staff would recommend approval of the following: ho Preliminary Plat for Hillside Crossing Three with the following conditions: A DEVELOPER'S AGREEMENT BE PREPARED OUTLING THE TERMS AND CONDITIONS FOR APPROVAL ALONG WITH NECESSARY IMPROVEMENTS. THE PRELIMINARY AND FINAL PLAT SHALL BE ADJUSTED TO SATISFY THE CONDITIONS APPROVED AS PART OF THE AMOCO OIL'S SITE PLAN REVIEW. THIS INCLUDES ANY MODIFICATIONS TO THE LANDSCAPED AREAS ALONG EVANS AND 197TM. o PARK DEDICATION SHALL BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT. SURFACE WATER MANAGEMENT SHALL BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT. WATER AVAILABILITY SHALL BE PAID TO ELK RIVER UTILITIES PRIOR TO RECORDING THE PLAT WITH THE COUNTY. DEVELOPER SHOULD ALSO CHECK \\elkriver\sys\shrdoc\council\p97-11.doc Memo to the Mayor and City Council/P 97-11 July 21, 1997 Page 5 WITH ELK RIVER UTILITIES OR ANY ADDITIONAL WATER CHARGES ASSOCATED WITH THE DEVELOPMENT OF THIS SITE. THE WATERMAIN SHALL BE EXTENDED WEST OF EVANS TO HIGHWAY 169, THEN SOUTH TO EVANS, PROVIDING THE NECESSARY LOOP FOR FIRE PROTECTION PURPOSES. SINCE THIS WILL BE A PUBLIC UTILITY, THE PLANS MUST BE REVIEWED AND APPROVED BY THE CITY ENGINEER PRIOR TO INSTALLATION. o ADDITIONAL RIGHT OF WAY WILL BE REQUIRED ALONG EVANS IN ORDER TO ACCOMPLISH A 15 FOOT BOULEVARD AREA. o DRIVEWAY LOCATIONS SERVING THE PLATTED AREA (LOT 1 AND OUTLOT A) SHALL BE LIMITED TO THE FOLLOWING: A RIGHT IN ONLY OFF OF 197TM AVENUE AND SUBJECT TO REVIEW AS PART OF A SPECIFIC DEVELOPMENT PLAN. THE ACCESS MAY BE DENIED BY THE CITY COUNCIL IF NOT DESIGNED OR LCOATED ACCORDINGLY. · ONE DRIVEWAY ONTO EVANS AVENUE OPPOSITE 196TM AVENUE. ONE DRIVEWAY AT THE SOUTH END OF OUTLOT A SIMILAR TO THE LOCATION SHOWN ON THE APPROVED CONCEPT PLANS FOR HILLSIDE CROSSING PUD. o THE SIDEWALK WHICH TERMINATES AT EVANS AND 197m SHOULD BE CONTINUED SOUTH ALONG EVANS STREET TO THE NEW DRIVEWAY ONTO EVANS FOR THE PROPOSED AMOCO SITE. THE SIDEWALK SHALL CONTINUE SOUTH WHEN OUTLOT A IS DEVELOPED IN THE FUTURE. 10. OUTLOT A SHALL NOT BE REPLATTED INTO MORE THAN ONE COMMERCIAL LOT. 11. DEVELOPER SHALL REIMBURSE THE CITY FOR COSTS ASSOCIATED WITH REVIEWING THE PLAT PRIOR TO RELEASING THE PALT FOR RECORDING AT SHERBURNE COUNTY. Bo Resolution No. 97- , granting final plat for Hillside Crossing Three with the conditions outlined on Exhibit B of the resolution. \\elkriver\sys\shrdoc\council\p97-11.doc RESOLUTION NO. 97 - CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Hillside Crossing Three Case No. 97-11 WHEREAS, application has been made for final plat approval, pursuant to Section 1008.08 (1)(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 18, 1997; and WHEREAS, the proposed final plat is consistent with the preliminary plat as approved by the City Council; and WHEREAS, the proposed final plat complies with each of the conditions set forth by the City Council in its approval of the preliminary plat of the Property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELK RIVER, as follows: It is hereby determined by the City Council for the City of Elk River as follows: Ao 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. 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. 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. Eo The proposed subdivision will not cause substantial environmental damage. Fo The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court. The proposed subdivision will not have an undue or adverse impact on the reasonable development of neighboring land. Final plat approval is hereby granted for the Property, subject to the conditions set forth in attached Exhibit B. The officers of the City are hereby authorized, once the conditions set forth in Exhibit B are met and complied with, to sign the final plat for the Property and to issue a certified copy of this Resolution giving final approval of the plat. ° The owner of the Property is authorized to record the final plat as required by law and shall file proof of said recording with the City. No building permits will be issued for the Property until the final plat is recorded. This final plat approval shall expire one year from the date of this resolution if the final plat is not recorded within that time. The foregoing resolution was introduced by Council Member and duly seconded by Council Member The following voted in favor of the Resolution. The following voted against the Resolution: The following were absent: f:\shrdoc\document\resoluti\p97-11.doc WHEREUPON the resolution is adopted. Passed and adopted this __. day of ,1997. Henry Duitsman, Mayor CERTIFICATE STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER I, the undersigned, being the duly qualified and acting Clerk of the City of Elk River, Minnesota, hereby certify that the above resolution is a true and correct copy of the resolution as adopted by the City Council of the City of Elk River on ,1997. WITNESS my hand officially as such Clerk and the corporate seal of the City this ~ day of ,1997. Sandra Thackeray, City Clerk STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this __ , 1997, by Henry Duitsman, Mayor, City of Minnesota. Elk day of River, Notary Public f:\shrdoc\document\resoluti\p97-11.doc STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this __ day of , 1997, by Sandra Thackeray, City Clerk, City of Elk River, Minnesota. Notary Public THIS INSTRUMENT WAS DRAFTED BY: DOHERTY RUMBLE & BUTLER 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402-4235 f:\shrdoc\document\resoluti\p97-11.doc EXHIBIT A Outlot C, Hillside Crossing Two, Sherburne County, Minnesota. f:\shrdoc\document\resoluti\p97-11.doc o o 10. 11. EXHIBIT B A DEVELOPER'S AGREEMENT BE PREPARED OUTLING THE TERMS AND CONDITIONS FOR APPROVAL ALONG WITH NECESSARY IMPROVEMENTS. THE PRELIMINARY AND FINAL PLAT SHALL BE ADJUSTED TO SATISFY THE CONDITIONS APPROVED AS PART OF THE AMOCO OIL'S SITE PLAN REVIEW. THIS INCLUDES ANY MODIFICATIONS TO THE LANDSCAPED AREAS ALONG EVANS AND 197TM. PARK DEDICATION SHALL BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT. SURFACE WATER MANAGEMENT SHALL BE PAID IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT. WATER AVAILABILITY SHALL BE PAID TO ELK RIVER UTILITIES PRIOR TO RECORDING THE PLAT WITH THE COUNTY. DEVELOPER SHOULD ALSO CHECK WITH ELK RIVER UTILITIES OR ANY ADDITIONAL WATER CHARGES ASSOCATED WITH THE DEVELOPMENT OF THIS SITE. THE WATERMAIN SHALL BE EXTENDED WEST OF EVANS TO HIGHWAY 169, THEN SOUTH TO EVANS, PROVIDING THE NECESSARY LOOP FOR FIRE PROTECTION PURPOSES. SINCE THIS WILL BE A PUBLIC UTILITY, THE PLANS MUST BE REVIEWED AND APPROVED BY THE CITY ENGINEER PRIOR TO INSTALLATION. ADDITIONAL RIGHT OF WAY WILL BE REQUIRED ALONG EVANS IN ORDER TO ACCOMPLISH A 15 FOOT BOULEVARD AREA. DRIVEWAY LOCATIONS SERVING THE PLATTED AREA (LOT 1 AND OUTLOT A) SHALL BE LIMITED TO THE FOLLOWING: A RIGHT IN ONLY OFF OF 197TM AVENUE AND SUBJECT TO REVIEW AS PART OF A SPECIFIC DEVELOPMENT PLAN. THE ACCESS MAY BE DENIED BY THE CITY COUNCIL IF NOT DESIGNED OR LCOATED ACCORDINGLY. · ONE DRIVEWAY ONTO EVANS AVENUE OPPOSITE 196TM AVENUE. · ONE DRIVEWAY AT THE SOUTH END OF OUTLOT A SIMILAR TO THE LOCATION SHOWN ON THE APPROVED CONCEPT PLANS FOR HILLSIDE CROSSING PUD. THE SIDEWALK WHICH TERMINATES AT EVANS AND 197TM SHOULD BE CONTINUED SOUTH ALONG EVANS STREET TO THE NEW DRIVEWAY ONTO EVANS FOR THE PROPOSED AMOCO SITE. THE SIDEWALK SHALL CONTINUE SOUTH WHEN OUTLOT A IS DEVELOPED IN THE FUTURE. OUTLOT A SHALL NOT BE REPLATTED INTO MORE THAN ONE COMMERCIAL LOT. DEVELOPER SHALL REIMBURSE THE CITY FOR COSTS ASSOCIATED WITH REVIEWING THE PLAT PRIOR TO RELEASING THE PALT FOR RECORDING AT SHERBURNE COUNTY. \Xelkriver\sys\shrdoc\document\resoluti\p97-11.doc Howard R, Green Company CONSULTING ENGINEERS July 18, 1997 File: 800740J-0240 CO.~'LTL'~G L'NGIXE~ Formerly MSA Consulting Engineers Mr. Steve Ach City planner City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330 RE: HILLSIDE CROSSING THREE PRELIMINARY PLAT REVIEW Dear Mr. Ach: As requested, we have reviewed the preliminary plat of Hillside Crossing Three. Based on our review and comments received at the staff review meeting, we would offer the following comments: 1. The preliminary plat consists of the subdivision of Outlot C from Hillside Crossing Two. Outlot C is located near the intersection of 197th Avenue and Evans Street. The outlot consists of a 3.4 acre parcel of land proposed to be divided into Lot 1 and Outlot A. Lot 1 is 1.38 acres and is on the north end of the parcel. Outlot A is just over two acres and is the southern portion of the site. 2. The major issue with this plat is access. The Concept Plan for Hillside Crossing Two showed two access points for Outlot C. The first was a right-in off of 197th Avenue. The second was a full access onto Evans Street located at the southern portion of the outlot. With the subdivision of this outlot into Hillside Crossing Three, the Developer will be looking for a third access. The third access is proposed to be located approximately on the lot line between Lot 1 and Outlot A, and would provide joint access to both parcels included in the plat. The obvious issue that comes to mind is whether this access should be located where the Developer is proposing it on the lot line, or located directly across from 196th Avenue, which' is about 150 feet further to the south. Obviously, from the Developer's point of view, the lot line location provides the best access to Lot 1, Block 1, for the potential end user. At this location, the ddveway will likely be located directly across from a future driveway in the parcel to the east across Evans Street. At its current location, the driveway would be approximately 200 feet from the intersection with 197th Avenue relative to a car turning at the free right located at that intersection. As a comparison, the driveway for the Holiday Station Store to be built at School Street and TH 169 is approximately the same distance from School Street as this driveway would be from 197th Avenue. 1326 Energy Park Drive · St. Paul, MN 55108 · 612/644-4389 fax 612/644-9446 toll free 800/888-2923 Mr. Steve Ach July 16, 1997 Page Two There are no engineering guidelines that would indicate the driveway would be better located opposite 196th Avenue. However, with this being the first of multiple developments near this intersection, the proposed location could easily provide for traffic congestion with left turning vehicles during peak hours after full development. Another issue with this subdivision is the size of Outlot A. At 2.02 acres, it is likely slightly large for any one user, but it is slightly small to be further subdivided into two lots. The most likely use of this outlot would be for two users located in the same building or multiple buildings on one lot. Staff would recommend that Outlot A not be further subdivided in the future because of the potential traffic conflicts and driveway issues associated with the further subdivision into multiple lots. Another issue that was discussed at the staff level is the slightly narrow boulevard width near the north end of Evans Street along Lot 1. The right-of-way in this area is 80 feet wide, as it is throughout Hillside Crossing Two. However, with the road section widening slightly to facilitate the free right turn movement at 197th Avenue, this reduces the available boulevard width. It would be staffs recommendation that Hillside Crossing Three grant additional right-of-way of approximately five feet in this area to maintain the typical boulevard width that is found throughout the remainder of Hillside Crossing Two. Along with this issue of boulevard width, the issue of sidewalk must also be raised, should the sidewalk which currently traverses the north lot line of Hillside Crossing Three be extended along the east lot line (along Evans Street) to facilitate pedestrian movements from Lot 1 to Outlot A. It is difficult to answer this question completely without knowing the user for Outlot A. We would recommend that the sidewalk be continued at least to the southern lot line of Lot 1, Block 1, to have it available to Outlot A should it need to be extended further south along the Evans Street frontage. Drainage and utility easements should be provided along the southern lot line of Lot 1, Block 1. If you have any questions regarding these comments, please call. Sincerely, Howard R. Green Company T~rry J. Ma/u/'~'rer, P.E. TJM:tw o:~proj\800740J\740-1608 .jul Howard R. Green Company CONSULTING ENGINEERS LOCATION ~.lt- WORLO PARK PARK City ol River 13065 Orono Parkway · P.O. Box 490 Elk River, MN 55330 ZONING MAP CARWASH .! \ \ SITE PLAN NOTES: SITE DATA ~ FROM: I' I U.S HIGHWAY NO. 16g CONCRETE CURB , ! '-18"RCP 0 2.22 o 4~'--.1.5..".RCP \ ! I % /21 1.5 (N HIGH  NO. 169 BOUND LAND EAST EDGE OF NORTH BOUND LANE -----'--~'-'~_~ TURN LANE _ ~ ouz.Loz. Minnesota Department of Transportation District 3 3725 12th St. N. P.O. Box 370 St. Cloud, MN 56302 Tel: 612/255-4181 Fax: 612/255-3257 Toll Free: 1/800/657-3961 July 14, 1997 Steve Ach City of Elk River 13065 Orono Parkway Elk River, MN 55330 Re.' Guardian Angels Development Near Joplin Street Avenue NW food Shop Near 197th Dear Steve: During our tour of Elk giver on July 2nd you had requested Mn/DOT input on transportation issues related to the abo~{,e referenced proposed developments. Following is our input on the plans developed to date i~or the developments. - The plan as currently drawn shows an access to as well access to J6plin Street. In the corridor plan developed for TH 10, placed on an expressway design, where access to and from TH 10 signalized ctions. 'This plan was developed to ensure that traffic would do so at provided the greatest amount have been used to Joplin Street into one of those s~ occur at exiting TH 10 resources In addition to proposing a closing access locations will be necessary to efficiently Although the plan recog~zed that n~ to existing uses of the accesses, the the use of the unsignalized access in the corridor study on page of signalized corridor plan also recommended not be si .g 0funsignalized access locations move on TH 10 as the traffic volumes grow. accesses could be closed immediately, due recommend that future land use decisions minimize access at Hudson Street was specifically addressed "East of Jo access openings will Closure of~ points may be alternate access to the north should We made with the intent o: eventually closin~'.'them when possible." at Hudson Street and Gary Street. : near future because it would be )fTH 10. Future land use decisions, use of these accesses and An equal opportunity employer The plan by Guardian Angels for access to TH 10 at Hudson Street should not be allowed for several reasons. The first is the inability to develop a reasonable spacing between the access into the retail area and the through lanes on TH 10. Such spacing would be necessary for stacking of traffic and to provide sufficient time to make decisions. The second is that additional traffic at Hudson Street would not be compatible with the objectives of the long range corridor plans which were developed to not only safely and efficiently move traffic along the TH 10 corridor, but also to provide safe and efficient access points along TH 10. Given that the Joplin Street intersection is less than a quarter of a mile away, all traffic to and fi.om the Guardian Angels development should use the signalized intersection at Joplin Street. If the Hudson Street access to the Guardian Angels site is allowed, MniDOT may have to consider removing the median crossover at Hudson Street to improve the safety and efficiency of the corridor. During the District review of the Guardian Angel's plan, an alternate was suggested which would eliminate the access at Hudson Avenue to the properties located north of TH 10. The proposal was to have a publ Lake Circle to the access at Hudson Street, thus providi access to TH 10 via the Street. If this was platted, the Hudson Street access to the north side e :d. this would have an impact to the current site plans, it would be a pro-active consolidating the unsignalized access on TH 10. Amoco Food Shop - The corridor plan developed for TH 169 indicated a full access at 197th Avenue NW. Traffic volumes on TH 169 near 197th Avenue are projected to be 47,000 in the year 2015 which is at capacity for 'the expressway design of TH 169. Given the level of development occurring near 197th, traffic flow could also be heavy on 197th Avenue. The plans for the Amoco Food Shop as drawn show a right-in slip from 197th Avenue NW into the Amoco Food Shop. This slip begins approximately 110 feet from the edge of TH 169. Given the congestion which is likely to occur in the future, there is a need to keep 197th Avenue as free- flowing as possible near its junction with TH 169. Since the right-in slip could cause conflicts between motorists wishing to slow down to use the slip and those wishing to accelerate as they come through the intersection, its inclusion in the plan should be discouraged. Elimination of the right-in slip would help ensure that traffic on 197th Avenue remains as free flowing as possible. If you have any questions regarding the above thoughts regarding the proposed develo please call. Sincerely, cc: G.P. Dirlam - Bratnerd K.U. Busch- St. Cloud Terrence J. Humbert Planning Engineer Item #7.7 Howard R, Green Qompany QQNSULTING ENGINEERS July 18, 1997 File: 800420J-0601 ~O~[LTING E~GI~I~ Formerly MSA Consulting Engineers Honorable Mayor and City Council City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330 RE: 193RD AVENUE AND EVANS STREET INTERSECTION ANALYSIS Dear Council Members: As directed by the City Council last month, we have done an analysis of the traffic situation at the intersection of 193rd Avenue and Evans Street. In order to perform this analysis, we first took traffic counts of the number of vehicles entering the intersection from each of the four legs. These 24-hour, one-directional traffic counts were taken on Monday, Tuesday, and Wednesday, June 30, July 1st, and July 2nd. This is after the recent opening of the Time Out Sports Bar and Restaurant. The results of the traffic counts are shown on the attached exhibit. As can be seen from the exhibit, the highest volume of traffic is on eastbound 193rd Avenue and southbound Evans Street. These two legs are in the 5,200 to 5,400 vehicles per day range. Evans Street northbound had an average of 3,266 vehicles per day over the three-day period. The lowest traffic count of the four legs, as might be predicted, was on westbound 193rd Avenue at 1,728 average vehicles per 24 hours over the three days. These traffic counts were compared against the warrants for a multi-way stop sign installation and the warrants for a traffic signal installation. The counts certainly meet the minimum traffic volume warrant for the multi-way stop sign installation, which requires an average of 500 vehicles entering the intersection from all approaches for any eight hours of the day, plus the minor street must have an average of 200 vehicles per hour for the same eight-hour period. The intersection does not appear to come close to meeting any of the warrants for a traffic signal intersection installation. However, this may change over time as Hillside Crossing and Hillside Crossing South continue to develop, and in the future as 193rd is extended to Tyler Street, providing a means of access from the eastern part of Elk River to TH 169 and the commercial opportunities located there via 193rd Avenue. Because of the relatively short distance this intersection is located away from TH 169, we would not recommend an all-way stop sign installation because of the potential to back traffic up to TH 169. However, we would recommend the installation of a stop sign on westbound 193rd Avenue. This would make the intersection operate essentially the same as the Elk Hills Drive/Dodge Avenue 1326 Energy Park Drive · St. Paul, MN 55108 · 612/644-4389 fax612/644-9446 toll free 800/888-2923 Honorable Mayor and City Council July 18, 1997 Page Two intersection. By installing the third stop sign, eastbound traffic on 193rd Avenue, most of which turns north onto Evans Street, will be able to make this move freely, therefore clearing out the intersection quicker, allowing more opportunities for left turns from northbound Evans Street. Because this type of installation of stop signs is somewhat unusual, it is imperative that the signs are accompanied by a placard which would indicate that the traffic coming from TH 169 does not stop. I have discussed this type of installation with Phil Halls, Street Superintendent. He concurs with this recommendation; however, due to the additional signs necessary with the stop sign placement, it may be a couple of weeks before the stop sign on 193rd could be put into place. If you have any questions regarding this issue, I will be in attendance at your City Council meeting on Monday, July 21, 1997. Sincerely, Howard R. Green Company Terry Jr. Maurer, P.E. TJM:tw Attachment O:~proj\800420J~420-1801 .jul Howard R, Green Company CONSULTING ENGINEERS NEW LIQUOR STORE 193RD AVENUE SUPER AMERICA 0 60 ER420EX LK 7/17/97 TM 800-420-J ab d JZ4 HOUR ONE DIRECTIONAL TRAFFIC COUNTE J JUNE 30, JULY 1 & 2 Scott and Ann Marie Breuer 19282 Dodge Street NW Elk River, MN 55330 241-0791 August 14, 1997 Steven B. Ach, City Planner City of Elk River 13065 Orono Parkway PO Box 490 Elk River, MN 55330 Dear Mr. Ach and Members of the Council: We regret that we are not able to be at this meeting personally, but could not change a prior commitment that was made months ago. This letter is written with the intent to express our concern about the request for preliminary plat approval of Hillside Crossing South Two. Our first concern is that the preliminary plat was almost approved without notification to the nearby residents that are directly affected by this requested plat. We were contacted the Sunday before the last scheduled meeting by a neighbor that this preliminary plat was being proposed. We immediately called Steve Ach at the City the next day with our concerns. We appreciate the fact that this meeting was rescheduled and that the residents were notified so that we could voice our concerns. We had bought our lot from Mr. Foster. Before we bought the lot, we expressed our concern of what was going to become of the area behind our lot. He told us that he had plans to build two or three rambler-style office buildings that would blend in with the natural surroundings and that we would hardly see them. The conceptual drawing shows a very large parking lot that comes within 12' of the back of our property line. Our home would overlook this parking lot of approximately 130 spaces, in addition to the turnaround as shown. The way it is proposed right now, there would have to be an enormous amount of trees removed for the parking lot alone. And without those trees for a buffer, Highway 169 and the present area businesses, along with the proposed businesses would dramatically increase the noise level for area residents and would also ruin the natural appearance of the lot that we originally bought. We feel that the plat as currently proposed would significantly drop our property values because of a lack of a tree buffer between commercial and residential properties. The reason we feel that this would decrease our property value is because all that we would see is a huge parking lot and the concern of parking lot lights and the lights from traffic coming and going that would shine directly at our home. In addition to a detrimental decrease in property values, we may not even be able to sell our home if this plat is approved as proposed. Being business owners ourselves, we can appreciate what Mr. Foster is trying to accomplish. We would much rather have a nice rambler-style office buildin$, as proposed, than to look at the back ofa Menard's or a grocery store. After talking with Mr. Foster, it is our understanding that he plans to build rambler-style buildings similar to the one he built on Evans Street, which is very attractive. He also stated he would be willing to leave a tree line buffer between our property and the parking lot and to omit the turnaround, which comes directly behind our property line. At this time, we feel that we would like to see a more defined plan with these changes. Our hope is that the council members will consider our concerns as part of their decision and help protect the property values of the area residents and the natural setting that we moved here for. Enclosed is a copy of the conceptual drawing highlighting our lot and showing the tree line that exists behind our property. Please call us with any questions at 241-0791. Si.ncerely, Scott and Ann Breuer .... 396.75 ..... ~ 2 ..... 330.g2 .... / i / In~ I I --'-' ,,.', ?."-- 1 ~ty of iver xo: MEMORANDUM Item # 7.8 Mayor and City Council FROM: Steve Ach, City Planner_~~ DATE: July 21, 1997 SUBJECT: Request by Phoenix Enterprises for Preliminary Plat Approval (Hillside Crossing South Two), Public Hearing Case No. P 97-7 Is$/~e Phoenix Enterprises is requesting preliminary plat approval to subdivide approximately 7 acres into two commercial lots. Location The southeast corner of 193rd Avenue and Evans alignment. Zoning/Land Use C3 (Highway Commercial) / HB (Highway Business) Attachments Memo from City Engineer dated July 17, 1997 · Location map · Proposed plat of Hillside Crossing South Two · Concept plan for the site · Plat of Oak Park Plaza and minutes from meeting · Plat of Hillside Crossing South and minutes from meetings Overview The application involves replatting Outlot A of Hillside Crossing South which is an outlot immediately east of SuperAmerica and the Hillside Crossing shopping center. This outlot has been discussed with two previous plat applications; the first being Oak Park Plaza, and the second Hillside Crossing South. Attached to this report is a copy of Oak Park Plaza and the 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Memo to the Mayor and City Councfl/P 97-7 July 21, 1997 Page 2 Hillside Crossing plat along with minutes from each of those meetings to help the City Council piece together the history regarding this property. The primary issues in considering this plat and concept plan relate to: Creating a development that respects the natural characteristics of the site (i.e., Protect ridge and buffer to residential). Types of businesses (uses) expected to be developed on the site based on the current zoning of C3 Highway Commercial. · Traffic/access and assessing the current conditions along with long range forecasts based on future uses and ultimate build out in this area. Natural Characteristics The property has a varying topography and for the most part, is wooded with a large wetland complex to the south and two smaller wetlands on both the east and west side. As part of the staff review, Steve Rohlf has noted that the property is identified on the Minnesota Biological Survey as an oak forest/dry sub-type. One of the main features discussed in previous reports is the natural ridge line that basically parallels the south boundary of the plat. This ridge line was originally discussed in 1991 when the property was rezoned from PUD (Planned Unit Development) to C3 (Highway Commercial), residents in Deerfield Addition had requested the ridge line be protected to act as a natural buffer between the residential and commercial to the west. This same issue was presented to the Planning Commission and City Council during the applications of Oak Park Plaza in the early part of 1994 and with Hillside Crossing South in the latter part of 1994. Approval of Oak Park Plaza plat included maintaining a 30 foot drainage and utility easement along the ridge line in an attempt to protect this area from future development considerations. Subsequently, the replatting of this property as part of the Hillside Crossing South application included moving the plat limits further south closer to the wetland complex and the bottom of the ridge. Also, the easement was vacated leaving no protection of the ridge line. Concept Plan A concept plan illustrating how the property may be developed has been submitted by the developer. This was a condition of plat approval for Hillside Crossing South. The purpose for submitting this plan was to give the city an s:\council\p97-7x.doc Memo to the Mayor and City CouncilfP 97-7 July 21, 1997 Page 3 opportunity to review the impacts there may be to the ridgeline along the south along with other natural features of the site. According to the concept plan submitted by the developer, two 18,000 square foot buildings (9,000 sq. ft. footprint, 36,000 sq. ft. total) are proposed along the ridge line paralleling the south portion of the plat. These buildings are proposed to be located approximately 50 feet from the wetland complex to the south and east of the plat. Although the developer indicates the buildings are intended to be office buildings, under the present zoning the buildings could be used for any retail use outlined in the C3 standards. The concept plan also illustrates a 15,600 square foot building at the corner of 193ra and Evans Street alignment. Again, there are no specific tenants identified for this building and under the present zoning of C-3, a wide variety of retail and/or office uses could occupy this space. Given the building orientation and its exposure to Highway 169, the uses which may occur here are of greater concern than the other buildings adjacent to the wetland. The plan also has two access points into the subject site. One off of 193ra Avenue and another off the private driveway (Evans Street) which extends south of 193ra Avenue. Without the benefit of a grading plan it is impossible to accurately assess the building's impact on the ridge line and other natural features of the site. However, based on previous concept grading plans for this site and other developments in sensitive areas, it will be difficult to save many trees given the grading for parking and building areas. Staff is not approving any specific component of the concept plan at this time. A complete set of development plans will need to be submitted for each prospective use. Either the plans will be reviewed by staff as a permitted use or forwarded to the Planning Commission and City Council as a conditional use. Use of Property The current zoning is C-3 (Highway Commercial). As mentioned above the C- 3 zoning district allows a broad range of commercial uses. Based on the current zoning any C-3 use listed in the Zoning Ordinance could occur on the property. s:\council\p97-7x.doc Memo to the Mayor and City CouncilfP 97-7 July 21, 1997 Page 4 Traffic/Access As discussed by the Council at a recent meeting, the traffic in the area of 193rd and Evans is becoming a concern. Terry Maurer's office has recently completed a traffic count for the intersection of Evans and 193rd. Please refer to Terry's memo for an explanation of the finding from this study. As the concept plan illustrates, an access is proposed to connect with Evans Street leading to the 193r~ and Evans Street intersection. The significance of additional traffic will depend on the uses ultimately developed on the property. Other issues to consider is whether the new access off 193ra should include a turn lane. Furthermore, the current alignment of 193r~ and any necessary right of way should be included as part of this plat. Indirect Source Permit The applicant is in the process of completing an Indirect Source Permit (ISP) for the entire Hillside Estates and Hillside Crossing development. No final action can be taken until that permit has been issued. The preliminary plat can be acted on with a condition regarding the ISP; however, the final plat cannot be acted on until the ISP is completed. Fire Protection The Fire Chief has indicated additional hydrants will be needed within the development. The placement of these hydrants will depend on the actual layout of the site. The hydrants will need to be covered with easements; ideally, the hydrant locations should be identified and included on the plat. Staffs concerns are not so much with the plat; rather, with the concept plan. However, the two are somewhat tied to one another. The specific issues are as follows: Addressing traffic within the area. Controlling the types of uses; particularly the building at the corner of 193ra and Evans. ° Protecting the natural characteristics of the site since it acts as a buffer to the residential. s:\council\p97-7x.doc Memo to the Mayor and City CounciUP 97-7 July 21, 1997 Page 5 Recommendation Staff has concerns with the concept plan and plat as it has been submitted. It is recommended the concept plan be redrawn to address the issues mentioned in this report. If the Council wishes to approve the preliminary plat, the following conditions should be considered: PAYMENT OF PARK DEDICATION IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE MADE PRIOR TO RELEASING THE PLAT FOR RECORDING. PAYMENT OF THE SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE MADE PRIOR TO RECORDING THE PLAT WITH THE COUNTY. PAYMENT OF THE WATER AVAILABILITY CHARGE BE MADE TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO RECORDING THE PLAT WITH THE COUNTY. THE APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE INCLUDED ON THE PLAT TO REFLECT THE DRAINAGE AND UTILITY NEEDS TO ACCOMPLISH FUTURE DEVELOPMENT OF THE SITE. THIS ALSO INCLUDES AN EASEMENT BASED ON THE ULTIMATE (POST DEVELOPMENT) ORDINARY HIGH WATER LEVEL OF THE WETLAND COMPLEX TO THE SOUTH AND EAST. STORM DRAINAGE CALCULATIONS BE PROVIDED TO THE CITY ENGINEER FOR REVIEW AND APPROVAL PRIOR TO FINAL PLAT APPROVAL. o PRELIMINARY PLAT APPROVAL BE CONDITIONED ON THE INDIRECT SOURCE PERMIT BEING GRANTED BY MINNESOTA POLLUTION CONTROL AGENCY. THIS PERMIT MUST BE OBTAINED PRIOR TO RECEIVING FINAL PLAT APPROVAL. A COMPLETE GRADING AND DRAINAGE PLAN BE SUBMITTED AND REVIEWED BY THE CITY ENGINEER PRIOR TO FINAL PLAT APPROVAL. A TREE PROTECTION PLAN BE SUBMITTED PRIOR TO FINAL PLAT BEING PRESENTED TO THE CITY COUNCIL, IDENTIFYING THOSE AREAS OF TREES TO BE SAVED DURING CONSTRUCTION. 9. THE WATERMAIN BE EXTENDED THROUGH THE PLAT FROM EVANS TO 193RD AVENUE. s:\council\p97-7x.doc Howard R, Green Company CONSULTING ENGINEERS July 18, 1997 File: 800730J-0240 Formerly MSA Consulting Engineers Mr. Steve Ach City Planner City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330 RE: HILLSIDE CROSSING SOUTH TVVO Dear Mr. Ach: As you requested, we have reviewed the Site Plan for the proposed Hillside Crossing South Two. The Site Plan was prepared by Lot Surveys, Inc., and was dated June 4, 1997. Based on our review, comments received at the staff review meeting, and a meeting held with the Developer, we would offer the following comments: A. TRAFFIC The proposed development consists of three office buildings. Two of them are 2-story, 18,000 square feet each, and one is a 1-story, 15,600 square-foot building. In total, there will be 51,600 square feet of office space. It is difficult to predict the number of trips generated without knowing the makeup of the tenants. To get an idea of the number of trips generated, we used the Institute of Transportation Engineer's Trip Generation Manual dated January 1991, and used the Office Park designation. This is generally 'used for plan unit developments containing general office buildings and support services such as banks, savings and loan institutions, and sit-down restaurants. Any different makeup such as a drive-through fast food restaurant or a retail tenant would increase the traffic. Based on the Office Park classification, the predicted week day total traffic trips generated would be approximately 600. The a.m. peak hour traffic would be approximately 95 trips and the p.m. peak hour traffic would be approximately 78 trips. As you are aware, there is already a concern about the traffic congestion at the intersection of Evans Street and 193rd Avenue at certain p.m. peak hours. This development has the potential to make this situation somewhat worse. However, with the proposed change at that intersection by adding a stop sign, the intersection is certainly capable of handling the additional trips. Although the p.m. peak hour may be perceived to be a worse situation, it is still well within the capacity of the roadway system. 1326 Energy Park Drive · St. Paul, MN 55108 · 612/644-4389 fax 612/644-9446 toll free 800/888-2923 Mr. Steve Ach July 18, 1997 Page Two The development proposes two outlets, one to Evans Street and a second one to 193rd Avenue further to the east. In meetings with the Developer, he has suggested posting the Evans Street exit as no right turn in an effort to encourage outbound traffic to use the 193rd Avenue exit. We support this suggestion; however, it is worth noting that it will be virtually impossible to enforce. B. STORM DRAINAGE There is an existing trunk storm sewer line which crosses 193rd Avenue from the large retention pond on the north side and traverses approximately the location of the proposed access, through the parking lot area, and outlets into the existing wetland south of this proposed development. The Site Plan shows two proposed retention ponds on either side of the proposed 193rd Avenue outlet. Storm drainage calculations will be needed at some point in the future to ensure that storm sewer facilities are adequate sized and that Best Management Practices are met relative to quality control prior to discharging into the wetland to the south. Them currently is a minor storm drainage problem on 193rd Avenue in that the catch basins at the Iow point just north of this proposed development cannot accept the volume of water in large rainfall events. This causes overtopping of the mad and some erosion in this ama. This problem will likely be solved by this development in that the water can now find its way down the proposed access to 193rd Avenue. The Developer is aware of this and has indicated that he will provide catch basins along this access road to pick up any additional water generated from 193rd in large rainfall events. C. UTILITIES There is an existing trunk sanitary sewer line which runs north and south along Evans Street on the west side of this development; therefore, adequate sanitary sewer facilities exist to serve this development. There is also a watermain in Evans Street which has a stub toward this development. Watermain along 193rd Avenue is also stubbed out. It will be relatively easy to loop this watermain through the development to strategically placed hydrants where the Fire Chief determines for fire protection. Each building should have a sanitary sewer and water service. If any portions of the building are to be sold at a later date to individual owners, each segment to be individually owned would need a separate service. D. GRADING No Grading Plan was submitted with the Site Plan. At some point in the future, a Grading Plan will need to be submitted, reviewed, and approved. The elevation of the two buildings adjacent to the large wetland to the south will need to be carefully reviewed. The current Mr. Steve Ach July 18, 1997 Page Three office building at the south end of Evans Street is set at an elevation of 937.0. The two proposed buildings should be no lower than that building, so that adequate separation between the high water level expected in the wetland to the south and the lowest floor in the office building is maintained. If you have any questions regarding these comments, please call. Sincerely, Howard R. Green Company TJM:tw O:~oroj\800730J\730-1802.jul ' I  ZONING ~ll~"~-River M~P 13065 Orono P~kway. P.O. Box 490 CASE" Elk ~ver, MN 53330 P97-7 ./ N LOT LAND '.() ~CALE IN ~ lO0 0 lO0 200 $CAI..[ 1 NCH ~ 100 FE:L~'T DENOTE~ 1/2 ~ BY 14 INCH IRON ~ SET ~ A PLA~'IC CAP ~ ~ ~ 674'~ FOI~ TI~: ~ OF ~ PLAT,TI'~ E. AST~]~.Y LI~ OF' OUTLOT A, OAK PARC Pt. AZA IS ASSt.M~ TO BE.A~ NO~TH 1°45. 4~' WE:ST SURVEYS COMPANY, INC. SURVEYORS HILLSIDE CROSSING SOUTH TWO I uJ SHEET 2 OF 2 SHEETS EASEMENT . ¢:, .. / / L~J ~-. 142.11 .,.',",~,-'T ~ . . -~ ~ j / '-' ~~-C~ - ~ ~G_ '/ j / / ~ / / ~ / / ...................... // ~ / / I ~/ / // :/ ..... I i ~ 1 I I / ~ ~% I I I _ ~_~ ...... L,-; / / / / / HILLSIDg CROSSING SOUTH TWO LOT ~ ~, ~ 0 40°00° .... 396.75 ..... 2 142.11 I I I I I 65.00 150 \ ?. \ -"N \ /- / \ \ \ \ \ Z:, ×~ ";, / / ..... 330.92 .... r~' / / / / / : / / / - LOT SURVEYS COt4~ANY, INC. 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TFt~ SOUTIi LI'~: OF OUTLOT 'A CHERRYFLL BLUFFS AK : P Rc PLAZA Planning Commission Representative Louise Kuester indicated that the Planning Commission recommended approval. Vice Mayor Farber opened the public hearing. There being no one for or against the matter, Vice Mayor Farber closed the public hearing. COUNCILMEMBER DIETZ MOVED TO ~PPROVE A TWO-YEAR RENEWAL OF THE SOLID WASTE FACILITY LICENSE AND CONDITIONAL USE PERMIT (CU-87-02) FOR UNITED POWER ASSOCIATION WITH THE STIPULATION THAT MORE RESTRICTIVE STATE OR FEDERAL EMISSION STANDARDS ARE AUTOMATICALLY INCORPORATED INTO THE CITY'S PERMITS. COUNCILM~MBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 8.1. Consider Zoning Ordinance Amendment Establishing a Business Park (B-P) Zoning District by the City of Elk River/Public Hearing City Planner Steven Ach explained that in 1990, a Focus Area Study was completed which provided an in-depth study of future land use opportunities. A land use that was discussed was the creation of a business park. An ordinance must be established in order to implement the concept of a business park. He further indicated that the proposed "Business Park" Zoning Ordinance has been reviewed by the Planning Commission and Business Park Task Force. Vice Mayor Farber opened the public hearing. Louise Kuester indicated that the Planning Commission recommended approval. She also relayed a concern that the Planning Commission had regarding certain items being accomplished "at the discretion of the Zoning Administrator." This issue was discussed and it was the consensus that no change be made to the ordinance. COUNCILM~MBER DIETZ MOVED TO ADOPT ORDINANCE 94-2 AN ORDINANCE AMENDING SECTION 900.12 OF THE CITY OF ELK RIVER CODE OF ORDINANCES ESTABLISHING A BUSINESS PARK ZONING ORDINANCE. COUNCILMEMBER .HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. consider Preliminary Plat to divide approximately ten acres into one ommercial lot and one outlot along with a conditional use permit to operate a motor vehicle st~~ convenience store by SuDerAmerica/Public Nearin~/Case~o. P-92-7 ~ CU-92-16 Steven Ach indicated that SuperAmerica is requesting a preliminary plat to subdivide approximately 12 acres into 1 commercial lot and 1 outlot at the southeast corner of Highway 169 and 193rd Avenue. The division would create one lot approximately one acre in size for SuperAmerica with the balance of the property retained as an outlot for future development. SuperAmerica is planning to install temporary utility lines with the intention of hooking up to the trunk sanitary sewer when it is extended from School Street and Freeport. If the trunk line is installed prior to the construction of SuperAmerica, they would then hook directly to the trunk line. Elk River City Counci1~ting January 18, 1994 Steven Ach indicated that SuperAmerica is also requesting a conditional use permit to operate a motor vehicle station and convenience store. Representatives of SuperAmerica were present. distributed of the proposed sign for the site. A handout was Vice Mayor Farber opened the public hearing. There being no one for or against the matter, Vice Mayor Farber closed the public hearing. Louise Kuester indicated that all Planning Commission concerns have been addressed. She stated that the Planning Commission voted to recommend approval of both requests. COUNCILMEMBER DIETZ MOVED TO RECOMMEND APPROVAL OF TPIE PRELIMINARY PLAT FOR SUPERA}iERICA TO SUBDIVIDE A 12 ACRE PARCEL INTO ONE COMMERCIAL LOT 'AND ONE OUTLOT LOCATED AT INTERSECTION OF HIGHWAY 169 AND 193RD AVENUE WITH THE FOLLOWING CONDITIONS: ISSUES OUTLINED IN TERRY MAURER'S MEMO DATED DECEMBER 16, 1993, BE ADDRESSED AND/OR INCORPORATED INTO THE PRELIMINARY PLAT. A DRAINAGE AND UTILITY EASEMENT BE ESTABLISHED ALONG THE SOUTHEAST PROPERTY LINE PROTECTING THE RIDGE AND EXISTING TREES. THIS EASEMENT SH~?.?. BE A MINIMUM OF 30 FEET IN WIDTH AND FOLLOW THE SOUTHEAST PROPERTY LINE. ELK RIVER UTILITIES, BE CONTACTED TO ARRANGE THE EXTENSION OF ELECTRICAL SERVICES TO THE PROPERTY. A STREET LIGHT BE INSTALLED AT THE SOUTHWEST CORNER OF 193 AVENUE AND THE EASTERLY ENTRANCE DRIVE. 5o CASH PAYMENT OF PARK DEDICATION IN THE AMOUNT OF $1,500 PER ACRE BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. PAYMENT OF '$7,500 TO THE CITY OF ELK RIVER FOR THE PROPERTY'S FAIR SHARE COST FOR SIGNALIZATION IMPROVEMENTS AT 193 AVENUE AND HIGHWAY 169. PAYMENT OF A TRUNK SANITARY SEWER AND WATER MAIN ASSESSMBNT IN THE AMOUNT OF $3,800 PER ACRE BE PAID PRIOR TO RELEASING FINAL PLAT FOR RECORDING. 8. COMPLETING A DEVELOPERS AGREEMENT FOR OAK PARC PLAZA PLAT. PROVIDE TO THE CITY FOR REVIEW AND APPROVAL A DEVELOPMENT PLAN ILLUSTRATING THE GENERAL GRADING, STORM/SEDIMENTATION PONDING NEEDS AND FINISHED FLOOR ELEVATIONS OF BUILDINGS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCI~ER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO OPERATE A MOTOR VEHICLE STATION AND CONVENIENCE STORE AT THE PaCe 8 LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE UNNECESSARY HARDSHIP BY NOT ALLOWING THE APPLICANT TO CONSTRUCT A DECK IN A REASONABLE LOCATION ON THE PARCEL. THE VARIANCE IS NOT A CONSEQUENCE OF THE PETITIONERS ACTION BUT DUE TO THE PLATTING OF THE PROPERTY PRIOR TO THE SHORELAND ORDINANCE. GRANTING THE VARIANCE WILL NOT BE INJURIOUS OR ADVERSELY AFFECT THE HEALTH SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY OF ELK RIVER OR THE NEIGHBORHOOD WHERE THE PROPERTY IS LOCATED. ONLY ONE OF THE ENCLOSED STRUCTURES BE ALLOWED TO LIMIT THE VISUAL IMPACTS FROM PINTAIL POND. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6- 0. Staff reports presented by Steve Ach. Riverside Development requested a comprehensive land use plan amendment changing the land use from MR (Medium Density Residential) fo HB (Highway Business), rezoning from R lc (Single Family Residential) and PUD (Planned Unit Development) to C3 (Highway Commercial), and a request fo plat approximately seventeen 17) acres into one commercial lot and two outlofs. Jeff Oongoll, Riverside Development addressed the Planning Commission regarding the three (3) requests. Chairman Tveite opened the public hearing for the land use plan amendment request and the rezoning request. There being no comments from the public, Chairman Tveit-- closed the public hearing. Planning Commission discussion included: zoning; plat boundaries; ridge; easement. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE LAND USE PLAN AMENDMENT REQUEST BY RIVERSIDE DEVELOPMENT COMPANY, PUBLIC HEARING, CASE NO. LUA 94-7, CITING STAFF'S MEMO AS FINDING OF FACT. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITIONS: EXTENDING THE COMMERCIAL LAND USE ALONG HIGHWAY 169 FURTHER SOUTH TO INCLUDE THE REMAINING UPLAND AREA IS A LOGICAL EXTENSION. THE LAND USE PLAN AMENDMENT WILL NOT HAVE A DETRIMENTAL AFFECT ON SURROUNDING PROPERTIES. Planning Commission Minutes September 27, 1994 Page 9 CONDITIONS HAVE CHANGED WITH RESPECT TO SEWER AND WATER EXTENSIONS, COMMERCIAL DEVELOPMENT ACTIVITY, AND THE PLA1TING OF PROPERTY AROUND THIS AREA TO WARRANT A CHANGE IN THE LAND USE. THE LAND USE PLAN AMENDMENT WILL BE CONSISTENT WITH THE CURRENT ZONING DESIGNATION OF C3 (HIGHWAY COMMERCIAL). LAND USE PLAN AMENDMENT REQUEST BE CONTINGENT UPON APPROVAL OF THE PRELIMINARY PLAT COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5- 1, Commissioner Kreger voted against the request. COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF THE ZONE CHANGE REQUEST BY RIVERSIDE DEVELOPMENT COMPANY, PUBLIC HEARING, CASE NO. ZC 74-11, CITING STAFF'S MEMO AS FINDING OF FACT. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITIONS: THE REZONING WILL BE CONSISTENT WITH THE AMENDED COMPREHENSIVE LAND USE PLAN. THE REZONING WILL NOT HAVE A DETRIMENTAL IMPACT ON THE HEALTH, SAFETY, OR WELFARE OF THE SURROUNDING PROPERTIES. REZONING IS A LOGICAL EXTENSION OF THE COMMERCIAL AREA GIVEN THE PHYSICAL AND NATURAL SURROUNDING FEATURES. REZONING TO C3 (HIGHWAY COMMERCIAL) IS CONSISTENT WITH THE ZONING DESIGNATION IMMEDIATELY TO THE NORTH AND WOULD BE A MINOR EXTENSION. REZONING REQUEST IS CONTINGENT UPON PRELIMINARY PLAT APPROVAL. THE CURRENT EASEMEN~ BE MAINTAINED AND NOT VACATED UNTIL THE PLANNING COMMISSlOnl AND CITY COUNCIL HAVE REVIEWED PLANS FOR THE PLAT. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. Chairman Tveite opened the public hearing regarding the preliminary plat request. There being no comments from the public, Chairman Tveite closed the public hearing. Planning Commission discussion included: sign at the location; private road (Evans); natural plat boundaries. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE PRELIMINARY PLAT REQUEST BY RIVERSIDE DEVELOPMENT COMPANY, PUBLIC HEARING, CASE NO. P 94-11, CITING STAFF'S MEMO AS FINDING OF FACT. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITIONS: Planning Commission Minutes September 27, 1994 Page 10 THE PLANNING COMMISSION AND CITY couNcIL APPROVE THE LAND USE PLAN AMENDMENT AND REZONING REQUEST ADJUSTING THE COMMERCIAL BOUNDARY IN A SOUTHEASTERLY DIRECTION TO COINCIDE WITH THE PROPOSED PLAT. OUTLOT A BE DEEDED TO THE CITY UPON FILING THE PLAT WITH SHERBURNE COUNTY. PAYMENT OF PARK DEDICATION IN THE AMOUNT AS REQUIRED BY CITY ORDINANCE AT THE TIME OF FINAL PLAT APPROVAL. NO GRADING IS TO OCCUR WITHIN THE WOODED AREA OF OUTLOT B, UNLESS DIRECTLY ASSOCIATED WITH THE DEVELOPMENT OF LOT 1, BLOCK 1, HILLSIDE CROSSING SOUTH, UNLESS MODIFIED BY THE PARK AND RECREATION COMMISSION. APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE INCLUDED ON THE PLAT AS REQUESTED BY ELK RIVER UTILITIES. THE PLAT BE CORRECTED TO ELIMINATE THE NAME EVANS STREET AND REDUCE THE DRAINAGE AND UTILITY EASEMENTS FROM SIXTY (60) TO FIFTY (50) FEET IN WIDTH. AT THE TIME OF REPLA171NG OUTLOT B, A CONCEPT PLAN ILLUSTRATING THE LOCATION OF OFFICE BUILDINGS SHALL BE SUBMIT[ED AND USED TO DETERMINE THE APPROPRIATE AREA OF THE NATURAL BUFFER TO BE PROTECTED. A CONSERVATION EASEMENT OR OTHER INSTRUMENT SHOULD THEN BE APPLIED TO ASSURE PROTECTION OF THIS AREA. A CROSS ACCESS/CROSS PARKING AGREEMENT BE PREPARED AND EXECUTED PROVIDING ACCESS TO LOT 1, BLOCK 1, AND OTHER PORTIONS OF THE PLATTED AREA. 10. 11. 12. 13. 14. COMMENTS FROM TERRY MAURER'S MEMO DATED SEPTEMBER 22, 1994, BE INCORPORATED INTO THE FINAL PLAT. DEVELOPERS SHALL IMPLEMENT IMMEDIATELY TREE PROTECTION MEASURES FOR THOSE AREAS THAT WERE DISTURBED WITH EARLIER GRADING OF THE SITE. APPROPRIATE STREET LIGHTING SHALL BE PROVIDED ALONG THE ACCESS DRIVE TO LOT 1, BLOCK 1. IF IT IS DETERMINED THAT A DEVELOPERS AGREEMENT NEEDS TO BE PREPARED, THIS DOCUMENT SHALL BE SIGNED AND RECORDED ALONG ~.~ WITH THE PLAT. STORM DRAINAGE FEE IN THE AMOUNT OF $600 BE PAID PRIOR TO RECORDING THE FINAL PLAT. WATER AVAILABILITY CHARGE OF $300 BE PAID PRIOR TO RECORDING THE FINAL PLAT. Plarming Commission Minutes September 27, 1994 Page 11 15. PRIOR TO CONNECTING LOT 1, BLOCK 1 TO CITY SEWER AND WATER, THE APPLICANT OBTAIN A PERMIT FROM MPCA. 1~ 16. EASEMENT TO MAINTAIN THE RIDGE. RETAIN THE DRAINAGE AND UTILITY COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. Staff report presented by Troy Langer. Consider a request by the City of Elk River to amend Section 900.30 of the Elk River City code related to regulations on screening, landscaping, lighting, storage, and outdoor displays. Chairman Tveite opened the public hearing. There being no comments from the public, Chairman Tveite closed the public headng. Commissioner Kreger stated he would like to table this request for further review, however, he would be happy to discuss some of the proposed changes with staff at this meeting. Staff decided input from the Planning Commission at this time would be very helpful. Planning Commission discussion included: screening regarding double- frontage lots; 3:1 slopes versus 4:1 slopes; in ground and underground irrigation: credit for existing trees; enforcement; clear cutting of woodland areas. Commissioner Kuester requested staff consider giving the Planning Commission more time to review this type (or other major types) of amendment. One suggestion was the Planning Commission could review major amendments at their workshops; another suggestion was staff would give the Planning Commission a copy of the proposed amendments one month prior to the public hearing meeting. COMMISSIONER KREGER MOVED TO TABLE THIS ITEM TO THE ~CTOBER 25, 1794, PLANNING COMMISSION MEETING TO ALLOW TIME FOR FURTHER REVIEW. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 6-0. Staff report presented by Gary Schmitz. The City of Elk River requested to amend various sections of the Floodplain Management Ordinance. Chairman Tveite opened the public hearing. Earl Hohlen, 39 Main Street, Elk River, reminded the Planning Commission that whenever the Commission is discussing something of this nature, the public did not have a copy of the ordinance and therefore, did not know what changes were being proposed and made it difficult to receive public opinion. Mr. 7.2. Consider an Administrative Subdivision Headnq, Case No. AS 94-17 Page 8 Request by Jake Jacobson, Public City Planner Steve Ach indicated that Jake Jacobson has requested an administrative subdivision to divide a 10 acre parcel into a 4.7 acre parcel, a 2.8 acre parcel and a 2.5 acre parcel. The property is located on Lot 4, Block 4, Oak Meadows Addition. Steve Ach indicated that although this subdivision is within the subdivision moratorium zone, the applicant has recently gone through an ordinance amendment exempting this property from the subdivision moratorium. Mayor Duitsman opened the public hearing. Mike Miller questioned how the sale of Mr. Jacobson's property would affect his property value. Councilmember Holmgren indicated that the sale should have very little, if any, effect on his property. There being no further comments, Mayor Duitsman closed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY JAKE JACOBSON TO DIVIDE A 10 ACRE PARCEL INTO ONE 4.8 ACRE PARCEL - PARCEL A, A 2.8 ACRE PARCEL - PARCEL B, AND A 2.5 ACRE PARCEL - PARCEL C, WITH THE FOLLOWING CONDITIONS: PARK DEDICATION IN THE AMOUNT OF $900 BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. STORM WATER IMPACT FEE IN THE AMOUNT OF $120 BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. A TREE PRESERVATION PLAN BE SUBMITi'ED FOR PARCEL B IF A HOME IS CONSTRUCTED WITHIN THE WOODED AREA. THE LOCATION OF A DRIVEWAY FOR PARCEL B MUST BE LOCATED ON AN UPLAND AREA AWAY FROM THE WETLAND. A CULVERT BE REQUIRED UNDER THE DRIVEWAY FOR PARCEL B AND PARCEL C TO KEEP THE EXISTING DRAINAGE PATI'ERNS FUNCTIONING PROPERLY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.3. Consider an Easement Vacation Request by Riverside Development, Public Hearinq, Case No. EV 94-2 Request to vacate a 30 foot drainage and utility easement along the southeast property line of Oak park Plaza. Staff recommends approval of vacating a portion of the 30' easement. 7.4. Consider an Easement Vacation Request by Riverside Development, Public Hearinq, Case No. EV 94-4 Request to vacate a drainage and utility easement on a portion of Outlot A, Cherry'hill Bluffs Addition. Staff recommends denial because the easement · City Council Minutes October 17, 1994 Page 9 ., p.m,~nflv r)rot¢cts a rid~/e line fro.m dev, elopment qctivity, and, the easement is n~eeded for storm water ponding, storm sewe~i~"'pr~)vements and mitigation area. 7.5. Consider a Land Use Amendment Request by Riverside Development, Public Hearinq, Case No. LUA 94-7 Request for a comprehensive land use plan amendment changing the land use from MR IMedium Density Residential) to HB (Highway Business) for a strip of property approximately one hundred feet in width along the southeast border of Oak Parc Plaza. The Planning Commission and Staff recommend approval of the request. 7.6. Consider a Zone Chanqe Request by Riverside Development, Public hearinq, Case No. 94-11 Request for a zone change from Rlc (Single Family Residential) and PUD (Planned Unit Development) to C3 (Highway Commercial) for a stdp of property approximately one hundred feet in width along the southeast border of Oak Parc Plaza. Planning Commission and Staff recommend approval of the request. 7.7. Consider Preliminary Plat Request by Riverside Development, Public Hearinq, Case No. P 94-11 Request for a preliminary plat to plat approximately seventeen (17) acres into one commercial lot and two outlots. Planning Commission and Staff recommend approval of the request. Council discussion and action on Items 7.3 - 7.7 City Planner Steve Ach presented the staff reports on each of the above items 7.3 - 7.7. Mayor Duitsman opened the public hearings for items 7.3. through 7.7. Jeff Gongoll representing Riverside Development reviewed aerial photos of the site. He indicated that it is the developer's intention to make the area environmentally pleasing and to follow the business park zoning guidelines. Mr. Gongoll spoke specifically to the developer's request to vacate the drainage and utility easement on Outlot A of Cherryhill Bluff's Addition. He stated that delaying the vacation of the easements would be burdensome as far as developing legal descriptions. Planning commission Representative Dan Tveite indicated that the Planning Commission recommended that the easements not be vacated at this time because the ridge line creates a natural barrier between the commercial and residential property. There being no further comments from the public, Mayor Duitsman closed the public hearing. City Council Minutes October 17, 1994 Page 10 7.3. COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 94-107, A RESOLUTION FOR VACATING DRAINAGE AND UTILITY EASEMENT. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.4. COUNCILMEMBER DIETZ MOVED TO DENY THE REQUEST TO VACATE THE DRAINAGE AND UTILITY EASEMENT ON OUTLOT A, CHERRYHILL BLUFFS ADDITION. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.5. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 94-108, A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM MR (MEDIUM DENSITY RESIDENTIAL) TO HB (HIGHWAY BUSINESS) LUA 94-7. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.6. COUNCILMEMBER HOLMGREN MOVED TO ADOPT ORDINANCE 94-15, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO ZONE CERTAIN PROPERTY FROM R1C (SINGLE FAMILY RESIDENTIAL) AND PUD (PLANNED UNIT DEVELOPMENT) TO C3 (HIGHWAY COMMERCIAL) ZC 94-11. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.7. COUNCILMEMBER FARBER MOVED TO APPROVE THE PRELIMINARY PLAT REQUEST BY RIVERSIDE DEVELOPMENT TO SUBDIVIDE 17 ACRES INTO ONE COMMERCIAL LOT AND TWO OUTLOTS WITH THE CONDITIONS AS SET FORTH IN THE STAFF REPORT, WITH THE FOLLOWING RECOMMENDATIONS: THE PLANNING COMMISSION AND CITY COUNCIL APPROVE THE LAND USE PLAN AMENDMENT AND REZONING REQUEST ADJUSTING THE COMMERCIAL BOUNDARY IN A SOUTHEASTERLY DIRECTION TO COINCIDE WITH THE PROPOSED PLAT. OUTLOT A BE DEEDED TO THE CITY UPON FILING THE PLAT WITH SHERBURNE COUNTY, WITH THE CITY HOLDING THE DEED UNTIL THE MITIGATION IS COMPLETED. PAYMENT OF PARK DEDICATION IN THE AMOUNT AS REQUIRED BY CITY ORDINANCE AT THE TIME OF FINAL PLAT APPROVAL. NO GRADING IS TO OCCUR WITHIN THE WOODED AREA OF OUTLOT B, UNLESS DIRECTLY ASSOCIATED WITH THE DEVELOPMENT OF LOT 1, BLOCK 1, HILLSIDE CROSSING SOUTH. APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE INCLUDED ON THE PLAT AS REQUESTED BY ELK RIVER UTILITIES. THE PLAT BE CORRECTED TO ELIMINATE THE NAME EVANS STREET AND REDUCE THE DRAINAGE AND UTILITY EASEMENTS FROM SIXTY (60) TO FIFTY (50) FEET IN WIDTH. AT THE TIME OF REPLATTING OUTLOT B, A CONCEPT PLAN ILLUSTRATING THE LOCATION OF OFFICE BUILDINGS SHALL BE SUBMITTED AND USED TO DETERMINE THE APPROPRIATE AREA OF THE NATURAL BUFFER TO BE PROTECTED. A CONSERVATION EASEMENT OR OTHER INSTRUMENT SHOULD THEN BE APPLIED TO ASSURE PROTECTION OF THIS AREA. Cify Council Minutes October 17, 1994 Page 11 7.9. 11. 12. 13. 14. A CROSS ACCESS/CROSS PARKING AGREEMENT BE PREPARED AND EXECUTED PROVIDING ACCESS TO LOT 1, BLOCK 1, AND OTHER PORTIONS OF THE PLAI'rED AREA. 15. COMMENTS FROM TERRY MAURER'S MEMO DATED SEPTEMBER 22, 1994, BE INCORPORATED INTO THE FINAL PLAT. DEVELOPERS SHALL IMPLEMENT IMMEDIATELY TREE PROTECTION MEASURES FOR THOSE AREAS THAT WERE DISTURBED WITH EARLIER GRADING OF THE SITE. APPROPRIATE STREET LIGHTING SHALL BE PROVIDED ALONG THE ACCESS DRIVE TO LOT 1, BLOCK 1. IF IT IS DETERMINED THAT A DEVELOPERS AGREEMENT NEEDS TO BE PREPARED, THIS DOCUMENT SHALL BE SIGNED AND RECORDED ALONG WITH THE PLAT STORM DRAINAGE FEE IN THE AMOUNT OF $720 PER ACRE BE PAID PRIOR TO RECORDING THE FINAL PLAT. WATER AVAILABILITY CHARGE OF $300 BE PAID PRIOR TO RECORDING THE FINAL PLAT. PRIOR TO CONNECTING LOT 1, BLOCK 1 TO CITY SEWER AND WATER, THE APPLICANT OBTAIN A PERMIT FROM MPCA. EASEMENTS ALONG THE RIDGE LINE BE THE DRAINAGE AND UTILITY MAINTAINED. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider a Rezoninq Request by the City of Elk River, Public Hearinq, Case No. ZC 94-10 City Planner Steve Ach indicated that the City is requesting to rezone approximately 150 acres from PUD (Planned Unit Development) and C2 (Office District) to BP (Business Park). He explained that on September 19, the City Council continued discussion of this item to allow Country Ridge Partnership an opportunity to submit a plan to the City illustrating how they would like their property developed. He indicated that their property is included in the City'S proposed rezoning to BP. Mr. Ach indicated that Country Ridge Partnership has submitted a plan showing their preference in zoning the property with 13 acres along Highway 10 zoned as C-3 (Highway Commercial) and the remaining 15 acres zoned as Business Park. Steve Ach indicated that following review of the plan, staff is recommending that the entire area be rezoned to business park. Mayor Duitsman opened the public hearing. Jay Johnson of Country Ridge Partnership, indicated that Country Ridge Partnership prefers that a portion of their property be zoned C-3. He indicated