6.3. SR 09-21-1998-'ity of
River
MEMORANDUM
Item # 6.3
The Mayor and City Council
FROM:
Stephen Wensman, Planner
DATE:
September 21, 1998
SUBJECT:
Request by Oppidan, Inc (Hollywood
Video) for a Conditional Use Permit,
Public Hearing Case No. CU 98-24
Request
Consider a request by Oppidan, Inc for a conditional use permit to run a
Hollywood Video store.
Location
19179 Freeport Street NW, Lot 1, Block 3, Elk Park Center, Elk River
(former Wendy's Restaurant building)
Zoning/Land Use
PUD (Planned Unit Development) / HB (Highway Business)
Attachments
City Engineer's memo dated August 19,1998
· Location/zoning map
· Proposed development plans dated July 27,1998
Overview
The former Wendy's Restaurant closed in 1997 and has been sitting vacant.
The applicant proposes to demolish the existing building and build a 5,000
square foot Hollywood Video store with attached 3,100 square foot Leanne
Chin Express, (class II restaurant).
The building footprint is larger than Wendy's occupying the roughly the same
location on the site, but expanded over the existing surrounding drive-
through lane. The proposed new building has windows on three sides and a
blank wall on the 191st Lane NW side (an entrance to Elk Park Center).
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to Planning Commission/CU 98-24
September 21, 1998
Page 2
Site Access
The applicant proposes two access points to newly configured parking lot.
The existing access point is proposed to be moved to the north roughly 35 feet
and an additional driveway onto Freeport Avenue at the extreme north end of
the lot across from Target entrance. The change has little effect on traffic
flow or adjacent properties, but improves the circulation of the parking lot.
The new additional driveway to the north will necessitate filling in part of an
existing low area and extending an existing retaining wall on the Highway
169 side of the site. The low area receives runoff from Highway 169 and the
parking lot which flows under the highway though a pipe to a larger open
wetland.
Parking
The new parking lot as configured will allow for 56 parking stalls, two of
which are handicap accessible. The Elk River City Ordinance requires 25
stalls for the video store and 31 for the Leanne Chin restaurant as long as
the customer use area of the restaurant is no larger than 1,240 SF, or 40% of
the 3100 SF. The proposed new lot meets parking setbacks.
Grading, Drainage and Utilities
See the City Engineer, Terry Maurer's, memo regarding grading and
drainage and utility issues.
Landscaping
The site is an irregular shape with a long sliver to the north which makes the
site an exception from the strict application of the landscape ordinance. The
perimeter being considered for landscape requirements is that portion of the
site which is usable.
Much of the existing Wendy's landscape will be destroyed in the construction
of the new lot and store. Elk River City Ordinance requires 19 overstory
trees, 10 ornamentals, and 9 conifers.
The attached landscaping plan dated July 27, 1998 appears to be deficient in
1.5 inch cahper balled and burlapped ornamental trees and 6 foot balled and
burlapped evergreens. An existing powerline crosses over the proposed
(moved) site entrance. The locations of proposed trees may interfere with
overhead lines, a buried gas line or buried utilities within the drainage and
\\elkriver\sysXshrdoc\planning\stevewen\ccmmo\cu9824cc.doc
Memo to Planning Commission/CU 98-24
September 21, 1998
Page 3
utility easements. Confirmation of utility locations will need to be
determined prior to approval of a landscape plan.
The proposed screening of the blank wall facing 191st Lane NW includes 6
overstory trees and a hedge of Spirea. Additional screening might be
accomplished with some ornamental trees and taller shrubs, or evergreen
trees.
Signa~e
The proposed monument sign appears to be in the same location as the
existing Wendy's sign. The building is both a multi-tenant building and a
freestanding site, therefore the sign requirements are a combination of both
which allows two fascia signs for individual tenant identification. All signs
must conform to the PUD sign requirements. All wall and monument signs
require a sign permit as per Elk River City Ordinance.
Liehtine
The lighting of the site must meet the requirements of the Planned Unit
Development, and the Elk River City Ordinance. The parking lot lighting
will match that of the overall Elk Park Center development. The outdoor
building lighting is provided by down-turned gooseneck lighting on each of
the columns, except at the entrance of the Hollywood Video store. The
entrance appears to be lit by two spotlights.
Planning Commission
On August 25, the Planning Commission held a public hearing regarding the
applicants request. No one from the public spoke at the hearing. The
Commission was primarily concerned about the following: excessive
building lighting, the close proximity of the proposed building to the entrance
of Elk Park Center entrance and proposed building's lack of architectural
interest and screening from 191st Lane. The Commission asked staff to work
with the applicant to improve the architectural detailing and screening on
the south elevation of the building.
Recommendation
The Planning Commission and staff recommend approval of the request by
Oppidan, Inc for a conditional use permit to run a Hollywood Video store with
the following conditions:
\\elkriver\sys\shrdoc\planning~stevewen\ccmmo\cu9824cc.doc
Memo to Planning Commission/CU 98-24
September 21, 1998
Page 4
1. THAT THE LANDSCAPING BE COMPLETED AS PER THE ELK RIVER CITY
ORDINANCE.
2. THAT COMMENTS IN THE CITY ENGINEER'S MEMO DATED AUGUST 19,
1998, BE INCORPORATED INTO THE PLANS FOR APPROVAL.
3. THAT A PERMIT FORM MN/DOT BE OBTAINED FOR ANY SITE WORK
WITHIN THE HIGHWAY RIGHT- OF-WAY.
4. THAT THE LANDSCAPED AREAS BE IRRIGATED INCLUDING PARKING
ISLANDS.
5. THAT THE SITE BE ILLUMINATED ACCORDING TO THE ELK RIVER CITY
ORDINANCE AND THE ELK PARK CENTER PUD AGREEMENT.
6. THAT SIGNS CONFORM TO THE ELK PARK CENTER PUD AGREEMENT AND
THAT SIGN PLANS BE SUBMITTED FOR SIGN PERMITS.
o
THAT THE DEVELOPER WORK WITH STAFF TO PROVIDE ARCHITECTURAL
DETAILING AND SCREENING ON THE SOUTH ELEVATION OF THE
BUILDING.
\\elkriver\sys\shrdoc\planning\stevewen\ccmmo\cu9824cc.doc
Howard R, Green Oompany
QONSULTING ENGINEERS
August 19, 1998
File: 804780J-0240
t~O~l'LTl~ BCI~EBI~
Formerly MSA
Consulting Engineers
Honorable Chairman and Planning Commission
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: HOLLYWOOD VIDEO SITE PLAN REVIEW
Dear Planning Commission Members:
We have reviewed the submittal package for the proposed Hollywood Video store to be located
at the intersection of 191st Lane and Freeport Avenue in Elk Park Center. This is the site that
previously was a Wendy's fast food restaurant. The package consisted of an existing conditions
drawing, preliminary site plan, preliminary grading plan, preliminary utility plan, landscape plan,
and two building plans. The drawings were prepared by R.S.P. Architects, Ltd., and Loucks and
Associates, Inc. Based on our review and comments received at the staff review meeting, we
would offer the following comments.
The plan proposes to totally remove the existing building from the site and construct an
8,100 square foot building in approximately the same location. 5,000 square feet of the
building is proposed for the Hollywood Video store, and the remaining 3,100 square feet is
shown as retail.
o
The parking area is being totally reconfigured and expanded to the north. The existing
driveway onto Freeport Avenue is being moved approximately 35 feet to the north, with an
additional driveway onto Freeport Avenue proposed at the extreme north end, directly
opposite an access into the Target site.
There is substantial grading at the north end, consisting of filling the Iow area that existed
there. No grading is shown in the Mn/DOT right-of-way. If grading does enter the Mn/DOT
right-of-way, a permit from Mn/DOT will be required. There is an existing fence along the
right-of-way. Care will have to be taken not to damage the fence, or it may need to be
removed and replaced. This also would require a Mn/DOT permit for work in the right-of-
way. The existing block wall at the north end of the Wendy's parking lot is proposed to be
continued around the corner of the new parking lot.
4.
There is an existing Northern Natural Gas easement that crosses east and west across the
site. There does not appear to be any cutting proposed over the gas main, which would not
be permitted. The relocated driveway off of Freeport Avenue is located within the
easement. The final grading plan should be submitted to Northern Natural Gas for their
review.
O:\PROJ\804780j\0240\780-1901 .aug.doc
1326 Energy Park Drive · St. Paul, MN 55108 · 612/644-4389 fax 612/644-9446 toll free 888/368-4389
Elk River Planning Commission
August 19, 1998
Page 2
Storm drainage will be accomplished through a number of means. First, a catch basin will
be constructed in the southwest corner of the parking lot, connecting to the existing storm
sewer on Freeport Avenue. It appears that the drainage area tributary to this catch basin is
rather small. It is unclear from the building diagrams where the roof drainage will go. We
question whether this catch basin is actually needed, given the small tributary area, unless
of course the roof drains to this location. Secondly, an existing catch basin on the site,
located in the drive-through area of the Wendy's, is proposed to be removed and
abandoned. More information needs to be provided as to how this would be accomplished.
Is it proposed to entirely remove this catch basin structure and then bulkhead the existing
pipe, or is it proposed to just lower the catch basin, put a solid cover on it, and leave it in the
grass area? The third storm drainage improvement is the extension of two catch basin
leads from an existing catch basin at the northeast corner of the existing parking lot. There
are two issues with this proposal. The first is that the existing catch basin is probably not
large enough to accommodate two additional pipes at the angles proposed. We would
recommend removing the structure and replacing it with a larger structure that can
accommodate the two new pipes and the existing pipe. The second issue is the pipe
leading from the catch basin to Freeport Avenue is 12 inches in diameter. Storm sewer
calculations will need to be provided to prove that the 12-inch pipe is capable of draining the
entire area tributary to it, without causing problems.
The landscaping plan shows a number of trees located along the south and west sides of
the site, which appear to be located in the drainage and utility easement. We are unsure if
any utilities are located in this easement. If there are, it is questionable whether trees
should be allowed to be planted in the drainage and utility easement.
If you have any questions regarding any of these comments, please call.
Sincerely,
Howard R. Green Company
Tearer, P.E.
TJM/st
Howard Green Company
O:\PROJ\a04780j\0240\780-1901.aug.doc CONSULTING ENGINEERS
LOCATION _
c.~ ZONING
ylo , , River MAP
CASE: CU 98-24
3065 Orono Parkway · P.O. Box 490
Elk River, MN 55330
OPPIDAN
Landscape Plan
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CITY Or
MINNESOTA
OPPIDAN
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OPPIDAN
Elevations
SEP. 18. 1998 ll'18AM KRAUS-ANDERSON NO, 3504 P. 2/2
OSBORNE PROPERTIES
September 17, 1998
The Honorable Henry Duitsman
CITY OF ELK RIVER
13065 Orono Parkway
P. O. Box 490
Elk River, Mi~esota 55330
Re: Elk Park Center
Dear Mayor Duitsman:
The Video Update building and land in the Elk Park Center is owned by Osborne Properties and
we wish to request you do not allow, by amendment, the use changes requested for ~he Wendy's
property. We believe it was never intended to have a multi-tenam building in that location. It
would block visibility towards the center and the proposed use is redundant.
Please do not allow an amendment to your PUD cOvering this building size and use on the
Wendy's site.
Sincerely,
o~BORI~ PROPLRTIES
Kenneth M. Viaje, CSM
Prolnrty Manager
CC:
Central Files
Dan Engelsma
,~220 West Old Shakopee Road, Suite 200 * Bloomington, MN 55437-2995
612/881-8166 · Fax: 612/881-8114
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