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6.8. - 6.11. SR 04-19-2004Item#~ 6.11. MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor and City Council Scott Harlicker, Senior Plann~L~ April 19, 2004 Case No. LU 04-01, ZC 04-02,CU 04-04 & P 04-03 Requests by Menard, Inc. for Land Use Amendment, Rezoning, Conditional Use Permit and Preliminary and Final Plat Request Consider a request by Menards for the following: Land Use Plan Amendment from MR (Medium Density Residential) to HB (Highway Business) · Zone Change from Rlc (Single Family Residential) to PUD (Planned Unit Development) · Conditional Use Permit for an expansion of their lumber yard · Preliminary and Final Plat for Menards Addition Location The property is located on the west side of Dodge Street, south of 196~h Avenue Zonin.q/Land Use Rlc (Single Family Residential) / MR (Medium Density Residential) 60-Day and 120-Day Rule In order to comply with Minnesota State Statute 15.99 (60-Day Requirement), action must be taken on the requests for the amendment to the land use plan, the request for the rezoning and the request for the conditional use permit by April 23, 2004. In order to Memo to Mayor and City Council/Menard, Inc. April 19, 2004 Page 2 comply with the 120-day role for action on the preliminary plat, action must be taken by June 22, 2004 Affachments Location Map · Development Plans · Final Plat · Building Elevations · Diagrams of Buffers · Memo from the City Engineer · Letter from Arthur Jackett · Resolution No. 04- __ (land use amendment) · Ordinance No. 04 - __ (zone change) · Resolution No. 04- __ (final plat) Overview Menards is proposing to expand their outdoor lumber yard, including construction of a 67,700 square foot storage building. They are also constructing a covered garden center. In order to expand the lumber yard, Menard's is purchasing Oudot A of Hillside Estates l0th Addition. In order to provide a wider drive aisle on the south side of the building, a narrow strip of the adjacent lot to the south, Lotl, Block 1, Northbound Crossing, will also be added. The new lots will be replatted with the existing lot as Menards Addition Land use Amendment and Zone Change In order to expand into Outlot A, Hillside Estates 10th, the applicant is applying for a land use amendment and zone change to change the land use of Outlot A, Hillside Estates 10th from MR (Medium Density Residential) to HB (Highway Business) and the zoning from Rlc (Single Family Residential) to PUD (Planned Unit Development). Conditional Use Permit The site plan for the PUD requires a conditional use permit. The applicant is proposing to construct a 67,700 square foot storage building for storing building supplies. They are also proposing to construct a 72 foot wide canopy along entire south side of the existing store. This canopy will cover a new garden center. The existing emergency gate on the north side of the store will be relocated to the south side. Preliminary. and Final Plat The applicant is proposing to plat the existingMenards property (Lotl, Block 1, Hillside Crossing Two), Outlot A, Hillside Estates 10th Addition and a portion of Lot 1, Block 1, Northbound crossing into one 15.2 acre parcel, Lot 1, Block 1, Menards Addition. S:XPLANNING\Case Files\2004\CU 04-04 Menards\CU04-04CCA-19.doc Memo to Mayor and City Council/Menard, Inc. April 19, 2004 Page 3 Analysis Land Use Amendment and Zone Change To proceed with their expansion plans, the applicant must change the land use designation of Outlot A, Hillside Estates 10th Addition from MR (Medium Density Residential) to HB (Highway Business). The zoning must be changed from Rlc (Single Family Residential) to PUD (Planned Unit Development). Outlot A was included in the preliminary plat of Hillside Estates 8~ Addition as 9 single family lots. In reviewing the request for the land use and zone change, the Council should consider whether conditions have changed to warrant the request and whether or not the zone change would have adverse impacts on adjacent properties. The purpose of the Highway Business land use classification is to provide areas for commercial uses that typically require access and visibility from the highway system. This land use classification is also intended to provide commercial opportunities for business that serve a broader area than the city of Elk River. The proposed land use plan amendment is consistent with the Draft Comprehensive Land Use Plan in that it will provide additional land that is designated for highway businesses that is contiguous with existing highway business property and will enable Menards to update their facility and remain competitive. The proposed rezoning to Planned Unit Development is consistent with the proposed Land Use Plan amendment from Medium Density Residential to Highway Business. The proposed rezoning will include uses that are consistent with the purpose of the Highway Business land use classification. The subject property is adjacent to existing property that is zoned PUD and will be incorporated into that PUD. The proposed land use amendment and rezoning will allow for the creation of a 140 foot buffer, including 50 feet of existing mature vegetation, between Menards and the residences on the east side of Dodge Street. The current situation allows for about a 100 foot buffer between Menards and the residences on the west side of Dodge Street. If lots are platted on the west side of Dodge Street, they will abut the existing outdoor storage area. The proposed land use amendment and zone change will reduce the amount of traffic on Dodge Street. The nine residential lots shown on the preliminary plat will not be created and the assodated traffic generated by those nine lots will not exist. Conditional Use Permit The proposal includes construction of a 67,734 square foot warehouse/storage building, the construction of a canopy to cover a new garden center, the relocation of the emergent7 access, and the construction of a new public access into the lumber yard. Additional landscaping will be planted around the perimeter of the property. The parking lot layout will be modified to accommodate the new flow of truck traffic through the lot. S:~PL2kNNING\Case Files\2004\CU 04-04 Menards\CU04-04CCA-19.doc Memo to Mayor and City Council/Menard, Inc. April 19, 2004 Page 4 W~/Storage Building The new storage building will be located to the rear of the existing outdoor storage area on what is now Outlot A. The building is 425 feet long and 158 feet wide. There is a rack storage system attached to the west and south sides of the building, facing the outdoor storage area. The building will be 28 feet high, from the finished floor to the top of the roof. The rear of the building, the side facing Dodge Street, will be precast concrete wall panels with a buff aggregate finish. The walls facing the interior of the lot will be green metal panels. The roof is proposed to be steel with a white finish. Customers entering the building will enter on the north end and exit at either the south or west side. No traffic from Menards will be able to exit on to Dodge Street. Customers will have to exit the lumber yard at the north end of the store and use the existing driveways. The impact of this expansion on the adjacent residential properties has to be assessed. With the proposed layout there will be a 140 foot buffer between the back of the storage building and the closest homes on the east side of Dodge Street. Included in that buffer is a 50 foot wide buffer of mature vegetation. There will be no homes behind Menards on the west side Dodge Street. With the current approved residential plat, there will be lots on the west side of Dodge Street that abut up directly with the back of the lumber yard. The houses will be about 100 feet from the outdoor storage area. Much of the activity that currently takes place in the outdoor yard behind the store will be moved inside the new building, resulting in less noise being generated. The new storage building will also act as a sound wall to reflect noise away from the residences along Dodge Street. The visual impact of the storage building, as seen from Dodge Street, will vary. At the north end, near the intersection with 196th Avenue, most of the building will be lower than the street. Someone standing in the street will see the roof of the building. As you travel south along Dodge Street, the elevation of the street gets lower and more of the building is visible. Canopy for Garden Crater and Emergoxy Access The site plan includes a canopy that will cover a garden center on the south end of the store. The canopy will nm the length of the building and be extend 72 feet from the end of the building. The front of the center will be a 4 foot high wall topped with a wrought iron fence. Above the fence will be green triangular accent panels and clear polycarbonate panels topped with a green accent stripe. The garden center will have direct access from the front. Conditions should be included that limits the storage and/or display area to inside the garden center. The existing 15 foot wide emergency access gate will be relocated to the south side of the building, adjacent to the new garden center and widened to 20 feet to provide better access. Storage and display can not block the emergency access. New Public Access to Lumber Yard The current public and truck access to the lumber yard will be moved to the north side of the store. This should not cause any problems. The parking lot will have to be reconfigured to allow for the truck traffic. 13 parking spaces will be removed. They still exceed to number S:\PLANNING\Case Files\2004\CU 04-04 Menards\CU04-04CC4-19.doc Memo to Mayor and City CounciL/Menard, Inc. April 19, 2004 Page 5 of parking spaces required by code. Two parking islands will be relocated. The new islands should be landscaped with overstory trees. Go.al The landscape plan includes relocating existing trees and planting 110 new ones. The trees will be planted around the perimeter of the lots, on the outside of the fence and along dodge Street. The new trees include 57 norway pines, 14 colorado spruce, 18 honey locusts, 15 lindens and 6 flowering crabs. 40 pines will be planted along Dodge Street and 17 along the south property line. The lindens, honey locusts and crabs will be planted in the southeast corner and along the south property line. The Park and Recreation Commission recommended that the trees to be saved along Dodge Street should be analyzed to determine the most appropriate trees to be saved A new wall sign identififing the garden center is proposed over the front entrance to the garden center. Grading, drainage and utility issues are addressed in the City Engineer's memo. Preliminary. and Final Plat The applicant is proposing to plat the existingMenards property (Lotl, Block 1, Hillside Crossing Two), Outlot A, Hillside Estates 10 TM Addition and a portion of Lot 1, Block 1, Northbound crossing into one 15.2 acre parcel, Lot 1, Block 1, Menards Addition. The preliminary and final plat is a simple one lot plat and there are no significant issues associated with it. Comments regarding grading, drainage and utilities can be found in the City Engineer's memo. Park dedication requirements for Outlot A, Hillside Estates 10th Addition were satisfied with a combination of land dedication and cash payment completed as part of Hillside Estates 9~h Addition. Planning Commission Meeting At the Planning Commission meeting held on March 23ra, nearby residents offered the following comments: _,~ inventory of the trees in the proposed 50 foot buffer should be done Increase landscaping along Dodge Street and the southeast comer of the site to screen the building · No outdoor speakers should be allowed · Lighting should directed away from the residences The Commission discussed the need for design standards for the fence and building. The fence should be broken up and the exterior of the building facing Dodge should comply with the Business Park zoning district design standards. S:~PLANNING\Case Files\2004\CU 04-04 Menards\CU04-04CCA- 19.doc Memo to Mayor and City Council/Menard, Inc. April 19, 2004 Page 6 In response to comments received at the Planning Commission meeting, the applicant has revised the landscape plan so that it provides additional screening along Dodge Street. The rear of the storage building and the fence has been broken up with 9 foot wide green accent panels. Recommendation Land Use Amendment The Planning Commission and staff recommend that the City Council approve the request to amend the Land Use Plan for the subject property from Medium Density Residential to Highway Business, based on the following findings: The Draft Comprehensive Land Use ,Plan has identified a need for additional property guided as Highway Business. The proposed amendment meets that need and allows for the updating of an existing business so that it can remain competitive. · The subject property is contiguous with property that is currently guided Highway Business. The proposed amendment will not have an adverse affect on adjacent residences. It will have a positive affect in that it will allow the creation of a 140 foot wide buffer between the residences on the east side of Dodge Street and Menards. It will also reduce the amount of traffic on Dodge Street; the traffic associated with the nine lots approved for Outlot A will not be created because the lots will not be platted. Zone Change The Planning Commission and staff recommend that the City Council approve the request to rezone the subject property from Single-Family Residential to Planned Unit Development, based on the following findings: · The proposed rezoning to PUD is consistent the land use designation of Highway Business. · The design of the PUD, as well as the vegetation to be preserved and proposed screening, will reduce the impact on neighboring residences. The rezoning will reduced the amount of traffic on Dodge Street. The nine residences that would be located on Dodge Street will not be constructed, therefore, the associated traffic generated by those residences will not occur. Conditional Use Permit S:kPLANNING\Case Files\2004\CU 04-04 Menards\CU04-04CC4-19.doc Memo to Mayor and City Council/Menard, Inc. April 19, 2004 Page 7 The Planning Commission and staff recommend that the City Council approve the conditional use permit for Menards Planned Unit Development based on the findings that the proposed project: O) Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. (2) Will be consistent with the comprehensive plan. 0) Will not impede the normal and orderly development and improvement of surrounding vacant property. Will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. (5) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. (6) Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. The conditional use permit is subject to the following conditions: 1. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 2. THE PLANNED UNIT DEVELOPMENT AGREEMENT BE AMENDED TO REFLECT THE AMENDED PUD. 3. A 50 FOOT WIDE LANDSCAPED BUFFER BE PRESERVED ALONG DODGE STREET. 4. NO OUTSIDE LOUDSPEAKERS ARE ALLOWED. NO STORAGE OR DISPLAY OF MATERIAL OR GOODS ASSOCIATED WITH THE GARDEN CENTER SHALL OCCUR OUTSIDE OF THE GARDEN CENTER. 6. A 20 FOOT WIDE DRIVE AISLE SHALL BE MAINTAINED AROUND THE BUILDING. S:\PLANNING\Case Files\2004\CU 04-04 Menards\CU04-04CCA- 19.doc Memo to Mayor and City Council/Menard, Inc. Apr/i 19, 2004 Page 8 ANY ITEM OR CONDITION FOUND THAT INDICATES THE SITE IS LIKELY TO YIELD INFORMATION IMPORTANT TO PRE-HISTORY OR HISTORY SHALL BE REPORTED TO THE CITY IMMEDIATELY. FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND WORK IS AUTHORIZED TO CONTINUE BY THE CITY. 8. STORAGE OF MATERIALS OR PLACEMENT OF RACK SYSTEMS SHALL NOT IMPEDE EMERGENCY ACCESS. 10. ALL BUILDING EXTERIOR SURFACES INCLUDING THE FENCE MEET THE BUSINESS PARK STANDARDS FOR EXTERIOR SURFACES 11. THAT THE LANDSCAPING PLAN BE REVISED TO PROVIDE A MORE NATURAL ARRANGEMENT OF PLANTINGS NEAR THE RETAINING WALL, AND THAT THE ADDITIONAL PLANTINGS SHALL BE PROVIDED IN THE SOUTHERLY NON-TREED PORTION OF THE BUFFER STRIP ALONG THE FENCE. Preliminary. and Final Plat The Planning Commission and staff recommend that the City Council approve the preliminatT plat and final plat for Menards Addition based on the following findings: (1) The proposed subdivision is consistent with the zoning regulations (article VI of this chapter) and conforms in all respects with all requirements of this Code, including the zoning regulations and this article. (2) 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. (3) 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. (4) The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation, erosion control and all other services, facilities and improvements otherwise required in this article. (5) The proposed subdivision will not cause substantial environmental damage. (6) The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court. S:kPLANNING\Case Filesk2004\CU 04-04 Menards\CU04-04CCA-19.doc Memo to Mayor and City Council/Menard, Inc. April 19, 2004 Page 9 (7) The proposed subdivision will not have an undue and adverse impact on the reasonable development of neighboring land. (8) The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate stormwater drainage. b. Lack of adequate roads. c. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. The preliminary plat and final plat are subject to the following conditions: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. o ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO CLEARING OR GRADING COMMENCING. o GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. o SURFACE WATER MANAGEMENT FEE FOR OUTLOT A, IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT, BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. S:M~LANNING\Case Files\2004\CU 04-04 Menards\CU04-04CC4-19.doc L~ W SITE CROSs 193RD E HIL. SIP/~ CI40 ,SING SO PARK Location Map Case Number: CU 04-04 MENARDS ~: 'o~N, !--- DODGE ST 50'-0" BUFFER I 60'-0' ROW 30'-0" 140'-0" OR MORE ( NORTH END OF SITE 1 "= 40' ***NEW HOMES THAT WILL BE CONSTRUCTED WILL BE 140-FEET OR MO~ FROM MENARDS BUILD~GS I 50'-0" BUFFER .. 60'-0" ROW . . 30'-0" _ t40'-0" OR MORE .i  SOUTH E~ OF SITE 1 ''= 40' MENA S BUFFER AS PROPOSED ~CNL 1"=40' I. 100' OR LESS 30'-0" . . E~O'-O" ROW . . 30'-0" NORTH END OF SITE 1 ''= 40' ***NEW HOMES THAT WILL BE CONSTRUCTED WILL BE 100-FEET OR LESS FROM MENARDS BUILDINGS 100' OR LES5 DODGE 5T 30'-0" 50'-0" ~OW 30'-0"  SOUTH END OF SITE 1 "= 40'  MENA~S BUFFER rT~/~oo~ g WITH HOMES WEST OF DODGE S~ET CUL 1" = 40' owarct R, Green Qompany March 8, 2004 File: 823230J-0240 Mr. Scott Harlicker Senior Planner City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: PROPOSED MENARDS ADDITION Dear Mr. Hadicker: As requested, we have reviewed the submittal package for the proposed Menards expansion. Based on our review and comments received at the site plan review, we would offer the following comments: Menards, Inc., is proposing to acquire Outlot A of Hillside Estates 10th Addition, which is the property immediately east of their current facility up to Dodge Street. They propose to construct a building approximately 420 feet long by 150 feet wide in order to house most of their current outside storage. Vehicular traffic in and around their yard will be changed. Access currently is on the south side of the building. This will be changed to access to the yard on the north side of the building. The area on the south side of the building will be changed into a garden center/seasonal merchandise. The emergency access gate will be relocated from the north side of the building to the south side of the new garden center. At the staff review meeting, the Fire Chief asked that the existing gates, which are approximately 16 feet wide, be replaced with gates 20 feet in width. There is a fire hydrant centrally located in the yard area behind the Menards store. This hydrant will need to be relocated due to the construction of the new building. At the staff review meeting, the recommendation was to install an additional centrally located hydrant along with the relocated hydrant: one near the existing Menards building, and the second one near the new proposed building. The idea is that in case of fire, there will always be a hydrant that the fire department can utilize depending on where the fire is located. Up at the north end of the proposed new building, there is a drive aisle approximately 24 feet in width. However, there is an existing hydrant with two bollards located around the hydrant to protect it. We would recommend that the proposed building be located a Ltr-030405-Harlicker. doc 2550 University Avenue VVes~ · Suite 400N · St. Paul, MN 55114 · 651/644-4389 fax 651/'644-9446 toll free 888/368-4389 Mr. Scott Harlicker March 8, 2004 Page Two minimum of 24 feet from the closest bollard to allow free movement of vehicles in and out of the building. If you have any questions regarding any of these comments, please call. Sincerely, Howard R. Green Company Terry J. MaUrer, P.E. TJM:sw Ltr-030405-Harlicker.c~oc Howard IR. Green Qompanv This letter is from Arthur Jackett. lam the owner of the property next to the Hillside Estates 10th addition. My address is 1943 5 Dodge St. NAV. My property adjoins the above addition. Dodge St. is currently a quiet residential neighborhood, surrounded by mature trees and m/nimal traffic. For yea's it has been anticipated Dodge St. would be expalded onto with residential housing. Now we have found out that the planning commission is considering changing the land use designation from residential to highway business and rezoning from single family residential to planned unit development. How would each of you feel if you found' out a lumber yard was going to be built across the street fi'om your house instead o¢a park or another home9 Instead of minivans &iving down your street everyday you sg~v durn~'t~cks and semi's instead? I am opposed to the proposed Menards addition. If this addition is allowed, I will have a very ~y view of Menards. ~ This expansion will have a negative effect for the property owners on Dodge St. to 193rd ave. This could cause a decrease in our property values. Accordi~g4~ n.am~'~ha.t?), uhm-is--on44~e city sta~-4he-Menards.~addition would-probably be-r-~co~aT~e-rrded-to-pass: * - ' ' ~ tf thmh~xX~rre~ safeguards need to in place to make this expansion more agreeable property owners adjacent to the new addition. ;_-/( 4r{~q !5' The), can be: 1. All trees that are unnecessarily removed or destroyed that do not get in the way of this expansion be replaced by trees 10 to 15 feet in height and a fine of $500 per tree be assessed. 2. A wall of sufficient height to block the view of Menards addition with green space and landscaping with trees or bushes between the fence and Dodge St. w~ ~ ' ~ ,..~..d: ,' 3. All materials stored in Menards yard should be covered and not exceed the height of the walls 3. Ail noise to be suppressed and not to exceed 70 decibels. 4. All yard lights to point towards the ground so as the neighborhood wild not be illuminated. 5. No outside loudspeakers. 6. Protection from noise caused by heating and air conditioning equipment 7. Trucks hauling materials to and from Menards are not to use Dodge St. This can be done by placing a load limitation on this street., · . .. Dodge St.. when fifilshed will now become a thru street. People will use it to avoid the traffic on Hwy 169. [ use the back streets on Dodge now. It's a great way to avoid the traffic on 169. Wait until the summer weekend travelers find out that Dodge is a through street. City plam~ing and the developers are telling us there will be less traffic because of the nine lots taken up by Menards. They fail to mention the big increase in traffic as Dodge St.(',-~'~ i;~a~xS;?7~'~4s~repairs due to increased traffic. Who pays for it? Are the current underground facilities of such size that it can handle an increase in sewage? If not and our sewers back up, who pays for it? Is adequate provision' ' made for storm water runoff during and after construction?;~.,~z~,,,S~ofaL!!I~,.2~'~'' ~t-~-nm~ ~d~d-~ wm~'-~mrtWtL~ mrIny-pr~-~-~ t~ s~-~n~k The fir~ time it was co~ected with no damage to my prope~y. The second time it occurred was March 19, 2004. The wall to a temporal' mnoffpond hiled and water flooded my prope~y. I had water in the garage and a section of my bac~ard was flooded. Topsoil and landscaping was eroded. It also le~ s~-unwanted sand and debris in my yard. Darrel made calls to the contractor but nothing happened. Foaunatety the snow melt ceased due to freezing weather. No action has been taken as of this date, March 21, 2004. no more situations that can pause damage will occur with this project. The property owners o~ Dodge St. could be in for a miserable year. Hopefully Please consider the effect the rezoning of the Hillside Estates 10th addition and allowing Me~ards to expand Yom- decision will have a consideral impact on the quality of tile o£ those who live in the direct vicinity of the addition. We ~want&o_ keep Dodge_S.~. -the~q~tWygi-d-e~t~l:n-e-~g-hb~o.rh-o-o-d-t-havit is. CITY OF ELK RIVER RESOLUTION NO. 04 - A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM MR (MEDIUM DENSITY RESIDENTIAL) TO HB (HIGHWAY BUSINESS) Case No. LU 04-01 WHEREAS, Minnesota Statutes, Chapter 462.355, Subdivision 2, prescribes the procedure for amending the Comprehensive Plan, and WHEREAS, the Planning Commission held a public hearing on Tuesday, March 15, 2004 on this matter for the property generally described as: Outlot A, Hillside Estates l0th Addition WHEREAS, the City Council has reviewed the Comprehensive Plan amendment request and finds the following: The Draft Comprehensive Land Use Plan has identified a need for additional property guided as Highway Business. The proposed amendment meets that need and allows for the updating of an existing business so that it can remain competitive. 2. The subject property is contiguous with property that is currently guided Highway Business. The proposed amendment will not have an adverse affect on adjacent residences. It will have a positive affect in that it will allow the creation of a 140 foot wide buffer between the residences on the east side of Dodge Street and Menards. It will also reduce the amount of traffic on Dodge Street; the traffic associated with the nine lots approved for Outlot A will not be created because the lots will not be platted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River that the Land Use Plan be amended to change the property as described above from MR (Medium Density Residential) to lib (Highway Business). PASSED by the City Council of the City of Elk River this 19th day of April, 2004. ATTEST: Stephanie Klinzing, Mayor Joan Schmidt, City Clerk ORDINANCE 04 - CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES FROM RIC (SINGLE FAMILY RESIDENTIAL) TO PUD (PLANNED UNIT DEVELOPMENT) CASE NO. ZC 04-02 The City Council of the City of Elk River does hereby ordain as follows: Section 1. The duly adopted Zoning Map of the City of Elk River is hereby amended to rezone the properties described as: Outlot A, Hillside Estates 10t~ Addition Section 2. The rezoning is being approved based on the following findings: 1. The proposed rezoning to PUD is consistent the land use designation of Highway Business. 2. The design of the PUD, as well as the vegetation to be preserved and proposed screening, will reduce the impact on neighboring residences. 3. The rezoning will reduced the amount of traffic on Dodge Street. The nine residences that would be located on Dodge Street will not be constructed, therefore, the associated traffic generated by those residences will not occur. Section 3. That this Ordinance shall take effect and be in full force from and after the date of its publication. Passed and adopted this 19~ day of April, 2004, by the City Council of the City of Elk River. A~ITEST: Stephanie A. Klinzing, Mayor Joan Schrnidt, City Clerk S:\PLANNING\Case Files\2004\P 04-03 Menards\ORDINANCE 04.doc RESOLUTION NO. 04 - CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Menard's Addition Case No. P 04-03 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 April 19, 2004; 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: The proposed subdivision is consistent with the Zoning Ordinance and conforms with all of its requirements. 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. Do 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. 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 and duly seconded by Council Member The following voted in favor of the Resolution. Member The following voted against the Resolution: The following were absent: WHEREUPON the resolution is adopted. Passed and adopted this 19th day of April, 2004. Stephanie Klinzing, 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 ,2004. WITNESS my hand officially as such Clerk and the corporate seal of the City this __ day of ,2004. Joan Schmidt, City Clerk STATE OF MINNESOTA SS. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this , 2004, by Stephanie Klinzing, Mayor, City of Minnesota. Elk day of River, STATE OF MINNESOTA SS. COUNTY OF SHERBURNE Notary Public The foregoing instrument was acknowledged before me this __ day of ,2004, by Joan Schmidt, City Clerk, City of Elk River, Minnesota. Notary Public EXHIBIT A Legal Description: Lot 1, Block 1 Hillside Crossing Two; Outlot A, Hillside Estates l0th Addition and part of Lot 1, Block 1 Northbound Crossings, Sherburne County, Minnestoa EXHIBIT B Conditions: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. o ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO CLEARING OR GRADING COMMENCING. e GRADING AND EROSION CONTROL PLAN AND DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. e SURFACE WATER MANAGEMENT FEE FOR OUTLOT A, IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT, BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. BLOCK r~, -FS,~LVAGE ANO RELOCATE I JL P B~Y, 0llqERS I HATCHED AREA RE~4OVE AND F-- SALVAGE H YIIRAN )' SALVAGE AND RELOCATEI [L.P BY OIHERS SALVAGE KD RELOCATE HYDRAN)' -. / NORTH LEGEND .... 924 ..... OENOrES EXISTING C~TOUR FILE C07¥ OATE RECEI¥7' C1 CITY OF ELK RIVER SHERBURNE COUNTY, MN SECTION 27, T .35, R 26 '.-.', ' ,-.':D"' ~ /" /'" ..>' - .::,~ .:i:":-:----::>TP/ ... ,Ii '¢ i/' ~ ..- ',~ ... ,~, ' _--?? :m:T'- ~-: :,1.-:,, /.... I I ~ /'- ' /5:~ -,.,:.,:..: ' ~ · , :: ~' ~.. x, , ~ ~..~.~:,J'," ", ', "" "', '.~t' 'J ',,r,. ~ ;;~ ' ' ~ X X X '" ,, '. , ',,, ',, ',~ ',, ,,, .J',,, I t -7 ,', 4 320. O0 .- _, :: _ -;. }?'- .... :. -:- ®: c8 CONCRETE BUILDING FF£: 986.9l LOT B L OCK F~M. 985.7 INV' 982.6 ~P~M- 9857 INV: 9817 DRAINAGE & UllUTY TO BE VACATED NORTH NOTE: BEARINGS SHO~ ARE ASSUMED GRAPHED SCALE N0fE: EXISTING PARKING CONFIGURAfl0N TAKEN FR0~ blENARD INC SITE PLAN 1 OWNER & DEVELOPER: MENARD, ~NC. 4*777 MENARD DRIVE EAU CLAIRE, W~ 54705 PHONE: (7151 876-5911 2 SURVEYING & ENGINEERING BY: SEC 27, T.53 N, R 26 w VICINITY MAP METRO LAND SURVEYING & ENGINEERING 12510 FLETCHER LANE N UNIT 8 ROGERS, MN 55574 PHONE: (76.3) 4-28-5t50 3 MINIMUM BUILDING SETBACKS. RESIDENTIAL STREETS: 50 F:EET ¢ TOTAL PLAT AREA 15.2 ACRES± 5 BENCHMARK: TOP NUT OF HYDRANT LOCATED NEAR THE SOUTHEASTERLY CORNER OF LOT 8, BLOCK 2, HILLSIDE ESTATES NINTH ADDITION ELEV: 962.80 FEET (NCVD 19291 4. VERTICAL DATUM: N.O.V.D. 1929 5. CONTOUR DATA OBTAINED BY. AERIAL PHOTOGRAPHY BY MARKHURD 6. DATE OF PREPARATION: 02/2.3/04 LEGEND · DENOTES IRON MONUMENT FOUND o DENOTES IRON MONUMENT SET ~ DENOTES FENCE .- ........ -DENOTES EXISTING CONTOUR / .....DENOTES SETBACK LINE  DENOTES LIGHT POLE DENOTES GUARD POST -s~ DENOTES EXISTING STORM SEWER DENOTES EXISTING WATERMAIN ~ DENOTES EXISTING STORM CATCH BASIN DENOTES EXlSTINO HYDRANT DENOTES TELEPHONE BOX 0 DENOTES TREE ~ DENOTES WOOD POST Prooosea 10' Drainage & Utility Eosemenfs to Ge dedicated adjacent to the new oounaar~ lines I~ro~ose~ t~ro~ert~ Oescr~¢i.o~ (15.2 Acresz~ J: LO[ 1. 3lock 1. HILLSIDE CROSSING TWO. according lo sold plat on file and of record ~ [ne office of tne County Recorder Sherburne County, Minnesoto. ANO OuUot A. HILLSIDE ESTATES tOl~l ADDITION. ~ccoromg to sold plot on file aha of reco¢o n tne office of the Count), Recorder. Sherburne County, Mlnneso[o AND That Dart o1 LOt 1. Block 1. NORTHBOUND CROSSINGS, according to said plat on file anc of record ~n me office of [ne County ~ecorder. Sherburne County. Minnesota, l~ng easterW, normerly, nor[neas[er~y and northerly of a ime described as fOllOWS: Commencing a~ me nor[nwes[ corner of said Lot 1, thence South 88 degrees 07 mmuzes .36 seconas East on an assumed bearmg along the north ina of sola LOt 1. c als(ante of ~20.00 feet to the pomt of oegnnlng of ~ne ina [o Ge aescrluea: lance South 02 degrees 05 alu(esOB secondsWest-~0.00 feet: ~nence South 88 degrees 07 m,nu[eS ~6 secondsEast36 O0 feet: mence South 45 degrees 07 ~"a(es~`3secondsEast15.18 feet. mence South 88 degrees 07 ~'-u~es ~6 secondsEast312.24 feet ~o the easterly hne of said Lot and SOlaina there terminating. C2 EROSIONCONTROL DETAIL CB ~lP' gssg'~-~ sm- RIM 986.0 NV 9815 ...................... ~1~ 98~7 CONCR£T[ BUILDINO FFE: 986.9 ~ LOT I B LOCK PROPOSED CATCH CB CORE INV' IN¥: 97~10 C8 ~ CB )lM 9852 CB INV' 98'26 RIM: 9857 - -~--~~__~ ,NV: 981.7 c8 RIM 985 3 NV 981.9 (SEE ARCHITI CTURAL PLANS) / CATCH BASIN ? / ,Z'.I ~,, :' ',.' ",' L,7 / ~ Il ~J J ,L~'JII I I I k J J ~J /J '~ ~r~' ,, ,,' ,, RIM' 991.0 INV' 981.0 RIM:,986.5 RETAINING WAIL :C TURA___LL PLANS FOR STOR~. /f / _ PROPOSED 1 CATCH BASIN PRDPOSE0:: ~ CA TC-H"BA~IN PROPOSED CATCH BASIN 32 NORTH Scale: I Tach = 50 Feet LEGEND .~----~ DENOTES EXISTING CONTOUR DENOTES LIGHT POLE DENOTES GUARD POST / DENOTES EXISTING STORM SEWER __~/ DENOTED EXISTING WATERMAIN ~ m DENOTES EXISTING STORM CATCH BASIN (~. DENOTES EXISTING HYDRANT DENOTES TELEPHONE 80x · DENOTES TREE OENOTES MANHOLE DENOTES PROPOSED SPOT ELEVATION DENOTES PROPOSED STORM S£WER DENOTES PROPOSED CATCHBASIN DENOTES PROPOSED STOR~ ~ANMOLE DENOTES RROPOSED SPOT ELEVATION DENOTES PROPOSED SURFACE DRAINAGE DENOTES £ROSON CONTROL (SILT FENCE) DENOTES ROCK CONSTRUCDON ENTRANCE DENOTES PROPOSED CONTOUR GRADING, DRAINAGE & EROSiOel CONTROL NOTES The contractor shall refer to the architectural plans for exact location, s and dimensions of buildings, vestibules, sloped poring, exit porches, romps, truck docks. entry locations and locations of downspouts. All disturbed unpaved areas ore to receive minimum of 4 inches of top soil and sod or seed. These areas shall be watered by the co~troctor until the sod or seed is growing in a healthy manner. A review at the available topsoil on the site is provided in the soils report. The contract<>" shall take all precautions necessary to avoid property damage to adjacent properties during the construction phase of this project. The contractor will be held responsible for any damages to adjacent properties occurring during the construction phase of [his project. 1~e contractor will be responsible for providing and maintaining traffic contro~ de~ces such os borricodes, warning signs, directionol signs, flagman and lights to control the movement Ct traffic where necessary. P~acement of these devices shall be approved by the engineer prior to placement. Traffic con[roi devices shall conform to the appropriate Minnesota department of Tronsportati<~l standards In accordance with generally accepted construction practices, the contractor will be solely and completely responsible for conditions on the job site. including safety o~ aH persons and property during the pertormonce of the work. This requirement will apply continuously and not be limited to normal working hours. The duty of [he engineer or the developer to conduct construction review of the contractors pertormance is not inter, deal to include review of the adequacy of the contractors safety measures in. or near the construction site Before beginning construction the contractor shall install a Temporary Rock Entrance pad at all points o~ vehicle exit from the project site. Said Rock Entrance pad shah be maintained by the controctcr for the durotion of the pro~ect. Erosion and Sedimentatio~ co~ltr~ measures shall be estabEshed around the entire site perimeter and in accordance with NPDES permit requirements. Best Management Practices. City of Elk River All e~trances and connections to city streets shall be performed per the requirements of the City of Elk River The contractor shall be responsible for all permits and notitications as required by the city. oz C3 .-?88°0 ?'$$ '.£ $£0. O0 507.00 ................ ~VERIFY) FF£: 986.91 4FT. CONCRETE VALLEY GUTTER LOT BLOCK ~v. 9746 i J 972 7 UATCH (WRfF~) / ,-,j COPY ':.'-Z-4/-o9 UTILITY PLAN GENERAL NOTES installed per the requlrem~ts of the ~pecificotions, the City Gl Elk Ri~r and Z ~ C4 I NEW WAREHOUSE 67,7,34 SQ. FT. L ! EXIS~NG YARD AREA 2.69<- ACI~S 117,,.395*: SQ, Fr. NEW YAR~ AREA 3.15-J: ACRES t37,18~+ SQ. FT. I ~C~ING Am~Aj .............. MENARDS ~IEAT~I) R4~l'AiL AREA 104,370 BUILOING AREA 160,~ ~ ~. COI~PANY VANS STREET FILE COPY LANDSCAPE LEGEND SYMBOL SCIENTIFIC, COMMON NAME SIZE QUANTITY  PINUS RE:SSINOSk, NORI~Y ~ 6' ~ 4 ~ PICF. A I~JNGEN~, COU:~N)O GOODWILL MENARDS ELK RIVER, MN. PROPOSED ADDITION PLAN / / Ii ~ It I II I III III III III III III tiI Iil Ill Ill Ill Ill iI ,, iI ,~ [ I . I MENA I I LOT BLOCK 799.99 RDS ADDITION I I I I / / / / / / / NORTH NOTE: BEARINGS SHOWN ARE ASSUMED GRAPHIC SCALE Scale in Feet LEGEND · DENOTES IRON MONUMENT FOUND o DENOTES IRON MONUMENT SET SEC 27, T55 N, R.26 w VICINITY MAP KNOW ALL MEN I~Y THESE PRESENTS: That Menord Inc, a Nationat Corporation, fee owner of the following described property situated in the County of Pine, State of Minnesota, to wit: Lot 1, Block ~, HILLSIDE CROSSING TWO, occordlng to said plat on file and of record in the office of the County Recorder, Sherburne County, M~nnesota. AND Outlot A, HILLSIDE ESTATES lOTH ADDITION, occordlng to said plat on file and of record in the office of the County Records, Sherburne County, Minnesota has caused the some to be surveyed and plotted as M£NARDS ADDITION. does heeeby donate and dedlcote to the public for public use forever the easem~ts as shown on this plat for drolnoge ~d utility purposes o~ly In witness whereof said Menord Ina, has caused these presents to be sig~ed by its prcper officer this day of Sherburne County Recorder 50' WOODED BUFFER S'I1RIP (MATURE HARDWO00S) NEW WAREHOUSE 67,7.34 SQ. FT. I ', MENARDS VANS STREET 6' CHAIN UNK FENCE ON TOP OF RETAINING WALL RETAINING WALL 60' NO BUILD AREA 5,723 SQ. FT. NO BUILD AREA 9,928 SQ. FT. _..~ ~PREFINISHED METAL ROOF ~' ~2X8 VERTICAL WOOD SIDING 4'-0" WIDE X - HIGH PALLET 8' WIDE CONCRETE SLAB TYP. SCREENING STRUCTURE GOODWILL TOP SOIL WITH LANDSCAPE FABRIC UNDERNEATH '"'-SAND BACKFILL PEA GRAVEL' BACKFILL SCREENING STRUCTURE NORTH OF WAREHOUSE scar: 1/4.' - r-o' LANDSCAPE LEGEND SYMBOL SCIENTIRC, COMMON NAME SIZE QTY. ~~~~ ~ 14 INC. MENARDS ELK MN, · ma~. '"~ PROPOSED ADDISON PLAN -.-.- -"-"' ~""" .......... ~""""" i · FRONT ELEVATION _ .,,,~. REAR ELEVATION ::::::::::::::::: ,~,.,,,~,!,~"% ~ LEFT ELEVATION ,,-':~" ' ,4-= '- ~ % , ~ . . , , . ~, ELK RIVER, MN SOUTH ~ ~ ~ ~ ~ W~EHOUSE E~A~ON ~ ~/~¢