6.7. & 6.8. SR 06-19-2000~ity of
River MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Item# 6.7. & 6.8.
The Mayor and City Council
Stephen Wensman, Planner
June 19, 2000
Central Rivers Request for Preliminary and Final
Plat and a Conditional Use Permit, Public Hearing
Case No. P 00-9
Request
Central Rivers is requesting:
A. Preliminary plat of a 1.80 acre, Elk River Cenex property, in the C3 zoning
district.
B. Final plat
C. Conditional use permit for a carwash addition.
Location
Address: 13374 Highway 10. General legal description: that part of the SW ¼ of
the SW ¼ and the NE ¼ of Section 32, Township 33, Range 26, Sherburne County,
MN.
Zoning/Land Use
C3 (Highway Commercial) / HB (Highway Business)
Attachments
· Location Map
Preliminary Plat
· Final Plat
· Site and Building Plans (5)
· Annotated Site Plan
· Resolution No. 00-
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to the City Council/CU 00-15, P 00-9
June 19, 2000
Page 2
Overview
Central Rivers is requesting preliminary and final plat approval of the 1.80-acre,
Elk River Cenex property, in the C3 zoning district. The property is in the urban
service district, however it is not platted or connected to urban services at this time.
In order to obtain a building permit in the urban service district, the Elk River City
Ordinance requires that the lot be platted. The applicant would like to plat the
property in order to construct a carwash addition to the Elk River Cenex.
The Elk River Cenex was constructed in 1988 and is presently a convenience store, a
Cenex gas station and a Subway sandwich shop. Adjacent the building is a large
bituminous paved area for parking with canopied gas pumps in the front of the
store. There are two above ground propane tanks, one for propane sales and one for
heating of the building. Along the north property line is a flagpole, lighting and two
pay telephones. A large pylon sign is located on the northwest corner of the site.
The site appears to be used for overnight semi-tractor and trailer parking.
Analysis
The applicant has not submitted revised site plans. City staff will review the
revised site plans when they become available. A building permit will not be issued
until the site plans are approved.
Drainage and Utility Easements
As part of the platting process, 10' Drainage and utility easements are required
inside the perimeter of the property. The easements have been shown on the final
plat.
Curb and Gutter
When the building was constructed in 1988, City Ordinance did not require curb and
gutter and none was installed. On June 17, 1991, the City Ordinance was amended
to require curb and gutter for commercial properties. Curbing provides a defined
vehicle use area, controls parking and protects landscaped areas.
Access
The site is accessed from Highway 10 from the northeast and from Orono Road from
the south. The access from the northeast is presently over 50 feet wide. This access
was widened to accommodate eastbound trucks turning into the site. City ordinance
requires a maximum width of 30 feet. A narrower drive will encourage slower and
safer vehicle movements in the parking lot.
\\elkriver\sys\shrdoc\planning\stevewen\ccmmo\cenex.doc
Memo to the City Council/CU 00-15, P 00-9
June 19, 2000
Page 3
Parking
City Ordinance requires all parking areas and drives to be setback 10 feet from
property lines. The existing paving extends into the setback areas and in some
instances is up to the property lines.
The large expanse of pavement on the west end of the site appears to be used for
overnight semi-tractor and trailer parking. Automobile and Semi parking areas
should be indicated on the site plan and appropriately striped. Overnight parking of
semi-tractor and trailers is not allowed in the C3 zoning district.
Vehicular Circulation
As shown on the site plan, the drive lane south of the building is only 22 feet wide
between parking stalls. City ordinance requires a minimum width of 24 feet. Staff
recommends that the parking near the building remain and the remainder be moved
to another location to provide room for car wash stacking.
Furthermore, the drive lane behind the building should be widened to allow for
improved turning into the carwash as well as a drive through lane around the
outside of the stacking. The stacking lane should be striped and signed as one-way
traffic.
At the exit of the carwash a concrete curb or barrier should be provided to direct cars
exiting the gas pumps away from the carwash exit to minimize conflicting vehicle
movements.
Flag Pole and Phones
Site amenities, such as phone, lights, and flag poles cannot be on Highway right-of-
way and need to be move on site.
Site Lighting
No new lighting has been proposed.
Carwash
A revised plan has shown the vacuum facilities to be in the 50-foot entrance drive to
the north of the propane tanks. This location might conflict with semi-tractor
movements. The location of the vacuums will be evaluated when the revised plans
are completed.
Dumpster
A dumpster enclosure for the dumpster is required and to be constructed of
materials that compliment the existing building. No enclosure or elevations have
been provided.
\\elkriver\sys\shrdoc\planning\stevewen\ccmrao\cenex.doc
Memo to the City Council/CU 00-15, P 00-9
June 19, 2000
Page 4
Propane Storage
The Elk River Fire Chief reviewed the site plans and recommended that the
applicant conform to the NFPA 58 rules for propane tank storage. The rules
stipulate setbacks and other storage requirements.
Landscaping
Presently, there are 11 trees on the site, mostly east of the Cenex building. The
proposed carwash and drive lanes will displace several of these existing trees. City
Ordinance requires that there be 30 trees provided with a mix of overstory,
ornamental and coniferous trees. Some credit may be given for existing large trees
that would reduce the overall number of trees required.
Signs
Any modifications to the existing signs or any new signs will require a City of Elk
River Sign Permit prior to installation. No new sign are being proposed at this time.
Utilities
As proposed, the store and carwash will be hooked up to the City sanitary system.
The carwash will utilize an existing well and the store will hook up to City water.
Drainage
The site presently drains to an off-site pond area. No change is required.
The Park Dedication
The Park and Recreation Commission recommended that the City accept a cash
dedication in lieu of land.
Planning Commission
The Planning Commission held a public hearing on May 23, 2000 with no comments
from the public. At the public hearing the applicant presented a letter requesting
some flexibility with the requirements (See attached letter). The Commission
considered the apphcants concerns and recommended that the time period for
completing the curb and gutter and related improvements be extended to September
1, 2005, in conjunction with repaving of the vehicle use areas.
Recommendation
Staff and the Planning Commission recommend that the City Council grant
approval of the following:
A. Preliminary plat of a 1.80 acre, Elk River Cenex property, in the C3 zoning
district with the following conditions:
\\elkriver\sys\shrdoc\planning\stevewen\ccmmo\cenex.doc
Memo to the City Council/CU 00-15, P 00-9
June 19, 2000
Page 5
SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT
REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT PRIOR TO
RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY.
PARK DEDICATION FEE AND TRAIL FEE IN THE AMOUNT REQUIRED
BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO
RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY.
3. THAT 10-FOOT DRAINAGE AND UTILITY EASEMENTS AROUND THE
PERIMETER OF THE PLAT.
4. THAT THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO
THE PRELIMINARY PLAT.
B. Staff and the Planning Commission recommend that the City Council approve
Resolution 00- granting final plat approval of Elk River Cenex.
C. Conditional use permit for a carwash addition with the following conditions:
1. THAT CURB AND GUTTER BE INSTALLED AROUND ALL VEHICLE USE
AREAS BY SEPTEMBER 1, 2005.
2. THAT THE PARKING LOT BE SETBACK 10 FEET FROM THE PROPERTY
LINES BY SEPTEMBER 1, 2005.
3. THAT THERE BE NO OVERNIGHT STORAGE OR PARKING OF SEMI-
TRACTOR OR TRAILERS.
4. THAT SITE AMENITIES SUCH AS PAY PHONES, LIGHTS, SIGNS, AND
FLAG POLES BE LOCATED ON SITE BY SEPTEMBER 1, 2005.
5. THAT ANY PROPOSED CARWASH PAY BOX OR VACUUMS BE
INDICATED ON THE SITE PLAN.
THAT A DUMPSTER ENCLOSURE BE PROVIDED THAT IS
CONSTRUCTED OF MATERIALS THAT COMPLIMENT THE EXISTING
BUILDING. THE ENCLOSURE SHALL BE INDICATED ON THE SITE PLAN
AND ELEVATION DRAWINGS PROVIDED.
7. THAT THE PROPANE TANKS MEET NFPA 58 RULES INCLUDING
PROPER SETBACKS AND BARRIERS FROM VEHICLE USE AREAS.
8. THAT A LANDSCAPING PLAN BE PROVIDED THAT CONFORMS TO THE
CITY LANDSCAPE ORDINANCE.
THAT A SIGN PERMIT BE OBTAINED FROM THE CITY PLANNING
DEPARTMENT PRIOR TO INSTALLATION OF ANY NEW SIGNS OR
MODIFICATIONS TO EXISTING SIGNS AS REQUIRED BY CITY
ORDINANCE.
10. THAT THE CARWASH AND STORE HOOK UP TO THE CITY SANITARY
SEWER. THAT THE STORE HOOKS UP TO CITY WATER.
\\elkriver\sys\shrdoc\planning\stevewen\ccmmo\cenex.doc
Memo to the City Council/CU 00-15, P 00-9
June 19, 2000
Page 6
11.
THAT THE DRIVEWAY FROM THE NORTHWEST CORNER OF THE SITE
BE REDUCE TO AN APPROPRIATE WIDTH AS APPROVED BY THE CITY
ENGINEER, BY SEPTEMBER 1, 2005.
12. THAT THE PARKING AND DRIVE LANES CONFORM TO CITY
ORDINANCE.
13. THAT PARKING AND STACKING AREAS, INCLUDING SEMI-TRACTOR
AND TRAILER PARKING, BE STRIPED.
14. THAT A CONCRETE BARRIER BE INSTALLED AT THE EXIT OF THE
CARWASH TO PROTECT CARS EXITING THE CARWASH.
15. THAT A FREE LANE OF TRAFFIC BE PROVIDED OUTSIDE THE
STACKING LANE TO ALLOW CARS TO EXIT.
\\elkriver\sys\shrdoc\planning\stevewen\ccmmo\cenex.doc
LOCATION
.. ,[
m I.
City of
:O
13065 Orono Parkway · P.O. Box 490
Elk River. lVlN 55330
LOCATION
MAP
CASE:
P 00-8
CU 00-12
RESOLUTION NO. 00 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Elk River Cenex
Case No. P 00-9
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 June 19, 2000; 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.
Bo
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.
The proposed subdivision will not cause substantial environmental
damage.
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:
S:\DOCUMENT\RESOLUTI\ERCENEX.DOC Page 2
WHEREUPON the resolution is adopted.
Passed and adopted this 19th day of June, 2000.
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 ,2000.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this ~ day of ,2000.
Sandra Peine, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this ~
., 2000, by Stephanie Klinzing, Mayor, City of Elk
Minnesota.
day of
River,
Notary Public
S:\DOCUMENT\RESOLUTI\ERCENEX.DOC Page 3
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this
, 2000, by Sandra Peine, City Clerk, City of
Minnesota.
Elk
day of
River,
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
DOHERTY RUMBLE & BUTLER
3500 Fifth Street Towers
150 South Fifth Street
Minneapolis, MN 55402-4235
S:\DOCUMENT\RESOLUTI\ERCENEX.DOC Page 4
EXHIBIT A
Legal Description:
KNOW ALL PERSONS BY THESE PRESENTS: That first name, a certain kind
of person, fee owner of the following described property situated in the County of
Sherburne, State of Minnesota, to wit:
That part of the Southwest Quarter of the Northwest Quarter and of the
Northeast Quarter of the Southwest Quarter of Section 32, Township 33, Range
26, Sherburne County, Minnesota, lying northerly of the northerly line of the Old
Highway No. 10, which is known as the Elk River to Big Lake Road and lying
Southeasterly of U.S. Highway No. 10 as now laid out and traveled and lying
West of a line described as follows: Commencing at the Northwest corner of said
Northeast Quarter of the Southwest Quarter; thence South along the West line of
said Northeast Quarter of the Southwest Quarter, a distance of 11.15 feet to said
northerly line of Old Highway 10, which is known as Elk River to Big Lake Road;
thence East along said northerly line deflection 87 degrees 45 minutes 39
seconds left. A distance of 347.23 feet to the beginning of said line to be
described; thence North deflecting 92 degrees 20 minutes 59 seconds left, a
distance of 333.18 feet to the Southeasterly line of said U.S. Highway No. 10
and said line there terminating.
Subject to easements of record, if any.
S: \ DOCUMENT \ RESOLUTI \ ERCENEX.DOC Page 5
EXHIBIT B
SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT
REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT PRIOR TO
RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY.
PARK DEDICATION FEE AND TRAIL FEE IN THE AMOUNT REQUIRED
BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO
RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY.
S:\DOCUMENT\RESOLUTI\ERCENEX.DOC Page 6
PRELIMINARY PLAT ELK RIVER CENEX
CITY OF ELK RIVER
EXISTING ZONINO - 0-.7 (HIGHi/YAY COMMERCIAL)
TOTAL AREA ,= 1.79 ACRES
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GENERAL NOTES:
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SITE*-.PLAN~.-~-
~y1NG ANO UTILITY PLA~I
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g~DING ~O [RO~ION CO~ROL P~ G
FLOOR PLAN
BUILDING SECTION
~EN~ ~RCHITECTURAL GROUP
PR 320-255-55;zl
FAX 320-240-6914
ROOF PLAN
DOOR I FRAtlE ELEVATIONS
NEW CAR WASH ADDITION for:
ELK RIVER CENEX
ELK RIVER, IVI~I',,IqESOTA
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Architects
46 NORTH 28lh AV~I',,L~
S~. Cloud. Ivt, I 56303
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OTYPICAL LUALL SECTION
SECTION 8 OVERHEAD DOOR
OI~IALL SECTION · UJINDO~J
K££N~N ARCHITECTURAL GROUP
Architects
46 NO~TH 28~h AVEhI. IE
S~. Cloud. Ivl',l 56303
PR 320-255-5521
FAX 320-240-6914
NEW CAR WASH ADDITION ton
P~[,K [?,!VF, R CEN~,X
ELK RIVER, IVIINt, IESOTA
IOF 2 SHEETS
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CENTRAL RIVERS
To: St~ve Wmsman
C 0 0 P E R A T ~ V E
Subject: Cat,rat Rivets carwash
Central Rivers could me~t thc requirenents of thc permit with the exceptions as identified hereon.
Hopefully there is some flexibility on the planning commission to get this project going.
Strictly',
Oeneral Manager
Fa~:763-444-8331
'~huringThe?rudi~on"
502 S o u th 2 n d S ~re · t a P tin ¢ · to n. M N $ $ 371 · (763) 389-2 S 82
ELK RIVER CENEX - CARWASH Conditional us~ ire'mit ~plic~tion.
Curb and gutter - Cmtral Rivers would install curb mid hurter on the approschs, and exit areas to th~
car wash. When new asphalt is installed, curb and gm, er would be installed on the balance of the
property.
Access drive on north - Current eccess is in excess of'city ordinance but should be grandhthered in.
Drive lane approach to earwaX. Would be widened to meet city recommendations
Flag poles, lighting standards, and phones. 'rher~ would be moved to the 10' property setback be
irnpicmented wha'c curb and gutter are installed and implemented whm the balance of property when
new cm'b~ng is installed.
Dumpster mcl~ure would be installed as required.
Landscaping. Currently 11 ~rees are ~rowing on property (15-20') Central IUv~rs would landscape
where ever there is adequate property to do so. Central Rivers would be willing to work with City to
landscape and maintain the City property an the south, side where no landscape plan has been
implemented since the City acquired the land 4 years ago.
TEESPPPaT9 d003 sa3^Ia ]~al~33 W~T~:TT 00, E~ A~W
Park & Recreation Commission Minutes
June 14, 2000
Page 2
DRAFT
o
9.A.1.
Park Development Progress Report
Terry Bye reviewed projects completed by the Street/Park Depadment in the past
month as follows:
- Maintenance of athletic fields and mowing has consumed most of staff's time.
- Plantings have been replaced which have died or been damaged
- Various areas have been reseeded, including the area between the shop and
Proctor.
- The ag lime around the shelters has been replaced with Class 11 gravel.
- The backstop at Lions is under construction.
- The Korean War Memorial project is underway. The blocks are up and the
pavers will be installed next. The planting are ready and will also be installed
next week.
- '/~ mile of trail at Woodlands has been seeded by the Nordic Ski Club.
Leukemia Race - Post-Race Review
9.A.2. Letter from Jim Nystrom- Regional Park Planning
9.B.1. Joint Powers A,qreement with lSD #728
9.B.2. Land Sale from Grace Assembly of God Church
9.B.3.
Request by Brooksfone, Inc. to Waive Park Dedication Fees
Michele McPherson explained that Brookstone, Inc. has requested that the City
waive $63,940 in park dedication fees which are required as part of the final plat
for the east Elk River Business Park.
The Commissioners discussed this issue and were in favor of collecting all park
dedication fees for this plat. Chair Kuester encouraged all Commissioners to
attend the June 19th Cify Council meeting to support their position.
COMMISSIONER DAVE ANDERSON MOVED TO RECOMMEND THAT THE CITY
COUNCIL UPHOLD THE CITY'S PARK DEDICATION ORDINANCE FOR PAYMENT OF
PARK DEDICATION FEES, AND DENY THE REQUEST BY BROOKSTONE, INC., AND ALL
FUTURE REQUESTS FOR WAIVING OF PARK DEDICATION FEES, BASED ON THE
FOLLOWING:
· THE PARK DEDICATION ORDINANCE WAS THOROUGHLY RESEARCHED BY THE
COMMISSION AND STAFF;
Park & Recreation Commission Minules
June 14, 2000
Page 3
· THE PARK AND RECREATION COMMISSION PRESENTED THE ORDINANCE TO THE
CITY COUNCIL WITH A RECOMMENDATION FOR APPROVAL;
· THE ORDINANCE WAS FORMALLY ADOPTED BY THE CITY COUNCIL;
· COLLECTION OF PARK DEDICATION FEES IS IMPORTANT TO AID IN THE
DEVELOPMENT OF THE CITY'S PARK SYSTEM.
COMMISSIONER PETERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0.
Trails:
1.
Mountain Bike Trails in Hillside Park -
a. Discuss Concept Plan for Hillside City Park
2. Trail in Greenhead Acres 2nd