7.3. SR 12-16-2013 City of
Elk - Request for Action
River O.
To Item Number
Mayor and City Council 7.3
Agenda Section Meeting Date Prepared by
Public Hearin December 16, 2013 Zack Carlton,Planning Intern
Item Description Reviewed by
Conditional Use Permit to Amend Hillside Crossing Jeremy Barnhart,Deputy Director CODD
II Planned Unit Development to Allow Reviewed by
Freestanding Signs up to 25'Tall, Phoenix Cal Portner, City Administrator
Enterprises. Case No. CU 13-14
Action Requested
Approve by motion the amendment to the Hillside Crossing II Planned Unit Development (PUD) to
allow freestanding signs up to 25 feet tall with the following conditions.
1. As a Conditional Use Permit is not a building permit the applicant must apply for a sign
permit before construction can begin.
2. Replace the plant materials described in the staff report to the Planning Commission dated
December 10, 2013, to comply with the landscape plan by July 31, 2014.
3. Repair parking lot,to include filling potholes and restriping the parking stalls as needed by
July 31, 2014.
4. Secure an escrow equal to $2,000 to cover the costs associated with conditions 1 &2.
Background
The applicant requests an amendment to the PUD agreement that,if approved,would permit the
construction of a freestanding sign up to 25 feet tall. Currently, the PUD agreement for this parcel
permits a monument sign up to 10 feet tall. The difference between a monument sign and a freestanding
sign is that the support structure,usually a post,is covered with brick or masonry to improve the
appearance.
Planning Commission
The Planning Commission noted that the sign was of similar size to the nearby McDonalds and Burger
King signs. The Commission had no concerns with the request and unanimously recommended approval.
Public Hearing
No one spoke at the public hearing. No comments for or against have been received.
Financial Impact
None
Attachments
• Planning Commission packet dated December 10, 2013
• Hillside Crossing II PUD Amendment Document No. 4
P a w E A E U s r
NaA f RE]
ECity1 Request for Action
River
To Item Number
Planning Commission 4.1
Agenda Section Meeting Date Prepared by
Planning Commission December 10, 2013 Zack Carlton,Planning Intern
Item Description Reviewed by
Request by Phoenix Enterprises for Conditional Jeremy Barnhart, Deputy Director CODD
Use Permit to amend Hillside Crossing II PUD to Reviewed by
allow freestanding signs up to 25 feet tall. Chris Leeseberg,Park Planner—Planner
Case No. CU 13-14
Action Requested
Recommend, by motion, approval of the amendment to the Hillside Crossing II Planned Unit
Development (PUD) to allow freestanding signs up to 25 feet tall with the following conditions.
1. The Conditional Use Permit is not a building permit and the applicant must apply
for and receive a sign permit before construction can begin.
2. Replace plant materials to comply with the landscape plan by July 31,2014.
3. Repair parking lot, to include filling potholes and restriping the parking stalls as
needed by July 31, 2014.
Background/Discussion
The subject parcel is located within the Hillside Crossing II PUD, approved in 1996. The PUD agreement
included specific signage regulations,which the applicant is proposing to change. In order to amend an
established PUD agreement, the applicant must apply for and receive approval via the Conditional Use
Permit process.
Culver's is proposing to construct a freestanding sign that is 25 feet tall and 94 square feet in area. The
Hillside Crossing II PUD currently permits monument signs and limits their size to ten feet tall and 100
square feet in area. The applicant states that the additional height will give them the visibility needed to
continue successful operations. They have also completed a remodel to remain updated and competitive.
The proposed changes to the PUD are a continuation of this investment.
The Hillside Crossing II PUD is located along Highway 169 and the location is similar to other
commercial properties zoned C-3 Highway Commercial. Businesses in the C-3 zoning district are
permitted freestanding signs up to 30 feet in height and 150 square feet in area. The existing Harley
Davidson monument sign,north of Culvers,is 10 feet tall and the nearby freestanding Menards sign is 35
feet tall. The proposed PUD amendment is below the limits of the similar C-3 district and would fit the
character of the Highway 169 commercial corridor and the Hillside Crossing development.
Landscaping
The landscape plan from 1997 includes a number of trees that are no longer in place. City ordinance
establishes the required number of trees, and to bring the property back into compliance three trees need
P I N E R f 0 R Y
IN A MR E
V- Wft
to be replaced. These include two Amur Maples located in the western parking lot island and one Amur
Chokecherry near the drive-through entrance sign.
Parking Area
City=code states that parking and loading areas must be kept in a neat and serviceable condition. A
number of potholes in the parking lot should be filled to maintain the parking lot in a serviceable
condition.
5ign
The proposed sign is a 25 foot tall freestanding sign that includes a 51 square foot Culver's logo and a 26
square foot digital changeable copy portion. The sign must meet the ten foot setback established by the
PUD agreement.
Financial Impact
None
Attachments
• Location map
• Hillside Crossing II sign regulations
• Applicant narrative dated October 30, 2013
• Sign plans dated October 25, 2013
• Landscape plan dated September 9, 1997
M\Departments\Community Development\Planning\Case Files\CUP\CU 13-14 Phoenix Enterprises-Culvers\CU 13-14_PC_Staff-
Report_Culvers.docx
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HILLSIDE CROSSING II
PLANNED UNIT DEVELOPMENT
I. SIGN REQUIREMENTS
a. General Guidelines
I. All signs within HILLSIDE CROSSING II Planned Unit Development
(PUD) must consist of materials and a design which compliments the
architectural elements of the principle building and character of the project,
2. All free standing signs shall have a minimum ten (10)foot setback from all
property lines.
3. Prior to installing any signs, a sign permit must be obtained from the City
of Elk River Planning Department.
b. Development Sign Along Highway 169)
1. One freestanding development sign identifying the HILLSIDE CROSSING
II PROJECT. This sign is permitted within the triangular corner of Outlot
C, HILLSIDE CROSSING II.
2. This sign may have a maximum height of Twenty-Seven (27) feet and
width of Thirty-Four(34) feet. Multiple tenants may be identified on this
sign; as illustrated on Attachment A. ,
C. Monument Sign for Free tanding Sites
1. Each of the freestanding buildings, other than Menards, within
HILLSIDE CROSSING II will be allowed to have a freestanding
sign. The freestanding sign must be of a monument style with a
maximum height of Ten (10) feet and a maximum area of One Sign
Hundred (100) square feet, as shown on Attachment C.
Requirements, HILLSIDE CROSSING II
February 19, 1996
Page 2
d. Wall Signs Freestanding Sites)
I. Wall signage for each freestanding building, other than Menards,
must consist of individual letters and shall not have more than One
(1)wall sign for each principle building.
2. The gross surface area of a wall sign for freestanding buildings shall
not exceed Ten (10) percent of the area of the building wall,
including doors and windows, to which the sign is to be affixed.
3. Menards will have a principle wall sign(MENARDS)that will have
the letters be collectively a maximum of Fifty-Two (52) feet in
width and Six (6) feet in height. Menards will have Eight (8)
Product Signs(10.3 s.f. -20 s.f.), a 60 s.f Welcome Sign, and In
& Out Entrances signs, as shown on Attachment Dl, D2, and D3.
4. No wall signage will be permitted on a building wall facing a
residential district on the east side of Highway#169.
e. Wall Signs (Multi Tenant Building.)
1. Fascia signs for individual retail tenants shall be for store identity
only.
2. Capital letters shall be no larger than 32" high, lower case letters
shall be no Iarger than 24" high. Signs shall be located on west and
south sides of the freestanding buildings in a symmetrical manner,
but in no case shall extend closer than 3'-4'from the projected
lease line.
3. These signs may be internally illuminated, individual letters placed
on a 4" square electrical raceway, painted to match the building
facia.
4. No signage shall be permitted on the north or east side of the
buildings, other than that required for delivery identification or
traffic control.
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Sign Requirements, HILLSIDE CROSSING II
February 19, 1996
Page 3
f. Other Signs
1. All other signage that may occur within HILLSIDE CROSSING II
PUD and not specifically mentioned herein shall comply with
Section 900.22 of the Elk River City Code.
2. Requests for signage shall be consistent with the conditions,
character, and intent of the HILLSIDE CROSSING II PUD
development.
3. Sggnage not consistent with the HILLSIDE CROSSING II
Commercial PUD may be denied unless approved by the City
Council. j
i
�Phoenix Enterprises,iLC
Application for Conditional Use Permit for CulveVs Elk River
October 30, 2013
Attached is our application for Conditional Use Permit for new n' nage at the Cu|wers Restaurant
/n Elk River. Also attached isa sketch of the proposed new sign.
\A/e are in the process ofremodeling and updating the restaurant,which was`originally built in
1998. Aa owner af the building,vve are making a large investment to enhance the look of our
building. The new updated look will blend nicely with other similar commercial properties within
t6ecity- The proposed new signage would be in harmony and consistency with other properties
along Highway 169. Our goal would 6eto make the sign more visible to travelers along that
Highway;yet blending ina.subtle,clean, professional looking way.
The current P.U.D.for Hillside Crossing If allows for a monument style sign with a maximum
height of1Ofeet and a maximum sign area of1O0 square feet.
The sign vve are proposing i6 remain in its'current location, but with a height of25 feet;and a
sign area that b82.49 square feet(which falls within the current P'U.CLabcv=) The sign would
include au electronic message`center. With the new height ofZ5 feet vve believe this would give
us the much needed visibility to continue to operate a successful area restaurant. Cu)ve/oofElk
River currently employs 35 local citizens and serves an average mf45O'customers per day. The
hours mf operation are 1D:U0a-m'to1O:00p'om'daily.The restaurant|s open ]62 days per year.
This restaurant has ample parking due to a cross easement agreement with Northbound Crossings
K8a|i
Thank you for your time>n considering this application.
~
Assistant Manager, Phti�Yix Enterprises LL[
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Amendment No. 4
to
Hilliside Crossing II
Planned Unit Development Agreement
City of Elk River, Sherburne County, Minnesota
THIS AMENDMENT NO. 4 is made as of the day of , 2013, by and
between the CITY OF ELK RIVER, Sherburne County, Minnesota (the City), and Phoenix
Enterprises,LLC
WITNESSETH:
WHEREAS, on May 6, 1996, the City of Elk River and Elk River Development
Corporation hereto entered into Hillside Crossing II Planned Unit Development Agreement;
and
WHEREAS, Phoenix Enterprises LLC owns Lot 1, Block 1 Hillside Crossing Five;
and
WHEREAS, on December 16, 2013, the Elk River City Council granted a
conditional use permit to amend the conditional use permit to permit the construction of a
freestanding sign to a maximum height of 25 feet on Lot 1, Block 1 Hillside Crossing Five;
and
NOW, THEREFORE, it is hereby agreed by and between the parties here as
follows:
1.) The Hillside Crossing II Planned Unit Development Agreement is hereby
amended to increase the maximum sign height to 25 feet and allow a freestanding sign on
Lot 1,Block,1 Hillside Crossing Five, as approved per Case No. CU 13-14.
2.) The words, phrases, terms, and conditions used herein shall be interpreted
the same as those used in the Hillside Crossing II.
3.) All other terms and conditions of the Hillside Crossing II Planned Unit
Development Agreement, as amended, shall remain in full force and effect and shall be
binding upon the parties hereto, except to the extent clearly inconsistent with the terms and
conditions of this Amendment No. 4.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 4 to be
duly executed in their names and on their behalf on or as of the date first above written.
ATTEST: CITY OF ELK RIVER
John J. Dietz Tina Allard
Its: Mayor Its: City Clerk
DEVELOPER:
Phoenix Enterprises,LLC
By:
Its:
STATE OF MINNESOTA )
ss.
COUNTY OF SHERBURNE)
The foregoing instrument was acknowledged before me this day of
, 2013, by John J. Dietz and Tina Allard, the Mayor and City Clerk,
respectively, for the City of Elk River,Minnesota.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF SHERBURNE)
The foregoing instrument was acknowledged before me this day of
, 2013,by and
of
Notary Public
N:\Public Bodies\Agenda Packets\12-16-2013\Fina1\x7.3 at2 amendment doc.docx
02/11/2014
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Case Number. CU 13-14 Location Map Phoenix Enterprises-Culvers N
1
02/11/2014
Elk _
• Applicant requesting amendment to Rrver
Hillside Crossing II PUD
• Current: 10 feet tall, 100 square feet,
monument sign
• Proposed: 25 feet tall, 94 square feet,
freestanding
• Includes 26 SF digital sign
• Additional visibility from 169
• Location similar to C-3 district
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