6.8. SR 10-16-2000
.
City of ~I
Elk
Item # 6 . 8 .
MEMORANDUM
FROM:
The Mayor and City Council
Stephen Wensman, Planner 7~tJ
October 16, 2000
DATE:
SUBJECT:
Conditional Use Permit Request by John Bunkers,
for a Car Wash Detail Shop, Public Hearing Case
No. CU 00-38
Reauest
.
John Bunkers requests a conditional use permit to allow a car wash detail
shop in the Barrington Place Planned Unit Development.
Location
568 Dodge Avenue, Lots 1 and 2, Block 6, Barrington Place Planned Unit
Development, Elk River, MN.
ZoninI!/Landuse
PUD (planned Unit Development) / HB (Highway Business)
Attachments
. Location map
. Site Plan of 568 Dodge Avenue
. Recommended Improvements
. Barrington Place PUD Agreement
Overview
The new owner of 568 Dodge Avenue, formerly the Circle-C gas station and
convenience store and carwash would like to utilize the old carwash as a
. detail shop for the Dolphin Car Wash. The old carwash has been out of
13065 Orono Parkway. P.O. Box 490. Elk River, MN 55330. TDD & Phone (763) 441-7420. Fax (763) 441-7425
Memo to the City Council/CD 00-38
October 16, 2000
Page 2
.
service for more than six month and the old conditional use permit for the
motor vehicle service station that included the carwash has expired.
The building at 568 Dodge Avenue is presently a multi-tenant building that
includes a Laundromat and a store called Games Gallery. The Barrington
Place PUD Agreement restricts commercial uses to those that are principle or
conditional in the C1, C2 and C3 zoning districts with some additional
restrictions. In the C3 zoning district, carwashes are a conditional use. Car
detailing is the detail cleaning of a vehicle that includes vacuuming and fine
cleaning of the inside and outside of a car.
Dolphin Carwash was granted a conditional use permit for a carwash
addition at the Freeport location, however they plan on constructing a
smaller project and conducting the detail shop off-site.
The applicant was before the Planning Commission in August with a
proposal for an auto repair business that generated public opposition.
Analvsis:
Noise
.
Noise from the detail shop will be less than what existed previously with the
old car wash. The noise levels will be within the allowed by City Ordinance.
Hours of Operation
The hours of operation have not been determined at this time
Easements
On May 15th, the City Council approved a resolution to remove a blanket
easement over the property with the following conditions:
1. AN EASEMENT AGREEMENT IS GRANTED TO THE CITY THAT ENABLES
EMERGENCY VEHICLE ACCESS ALONG THE SOUTH 25 FEET OF THE
PROPERTY PRIOR TO THE VACATION OF THE EASEMENT.
2. THE NEW EASEMENT BE POSTED "NO P ARKING/FIRE LANE."
3. THE CURB CUT ON DODGE STREET BE REDUCED TO 30 FEET IN WIDTH,
THE MAXIMUM ALLOWED BY CITY ORDINANCE.
4. THAT A TEN-FOOT EASEMENT BE GRANTED TO THE CITY FOR DRAINAGE
AND UTILITY PURPOSES AROUND THE PERIMETER OF THE PROPERTY.
5. ADD A LANDSCAPE ISLAND ON THE NORTH SIDE OF THE PARKING LOT
ADJACENT TO DODGE STREET.
.
\ \elkriver\sys \shrdoc \planning\stevewen \ccmmo \cuOO-38.doc
Memo to the City Council/CD 00-38
October 16, 2000
Page 3
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The applicant has complied with conditions 1 and 4 and the site plan
submitted shows that the applicant intends to comply with the remaining
conditions. These conditions will be made a condition of this conditional use
permit.
Emer~encv Vehicle Access
The access to the garage will be from the emergency vehicle easement area on
the south side of the building. This easement will be posted no parking and
will be subject to enforcement. The detail shop will be entirely within the
building and will not interfere with the easement. This will be made a
condition of the conditional use permit.
Landscapin~
No new landscaping has been proposed at this time, however the existing
landscaping has been badly maintained in the past. The only existing trees
are located on the rear property line. Additional trees should be planted as
shown on the attached plan (recommended improvements).
Parkin~
.
An additional 6 parking stalls have been incorporated behind the building
with a 15-foot drive lane for one-way traffic. City Ordinance requires no
additional parking or carwashes, however a detail shop will have employees
and associated employee parking.
Planninl! Commission
At the September 26, 2000 public hearing, there was only one comment from
the public. Lynn Caswell was in favor of the proposal, but wanted to be sure
the detail shop was conducted entirely within the building. The Commission
recommended approval as presented.
Recommendation
Staff and the Planning Commission recommend approval of the conditional
use permit to allow a carwash detail shop with the following conditions:
1. THAT THE EMERGENCY SERVICE VEHICLE EASEMENT BE POSTED "NO
P ARKING/FIRE LANE."
2. THE CURB CUT ON DODGE STREET BE REDUCED TO 30 FEET IN
WIDTH, THE MAXIMUM ALLOWED BY CITY ORDINANCE.
.
'\ '\elkriver '\sys '\shrdoc '\planning'\stevewen '\ccmmo '\cuOO-38.doc
Memo to the City Council/CU 00-38
October 16, 2000
Page 4
.
3. THAT A LANDSCAPE ISLAND BE ADDED ON THE NORTH SIDE OF THE
PARKING LOT ADJACENT TO DODGE STREET.
4. THAT A SIGN PERMIT BE OBTAINED PRIOR TO ANY NEW SIGNS BEING
INSTALLED ON THE PROPERTY.
5. THAT THE DETAIL SHOP BE CONDUCTED ENTIRELY WITHIN THE
GARAGE.
6. THAT ADDITIONAL LANDSCAPING BE PROVIDED AS RECOMMENDED
BY THE PLANNING DEPARTMENT.
.
.
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LOCA TION
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13065 Orono Parkway. P.O. Box 490
Elk River. MN 55330
CASE:
CU 00-20
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BARRINGTON PLACE
PLANNED DEVELOPMENT AGREEMENT
CITY OF ELK RIVER
SHERBURNE COUNTY, MINNESOTA
THIS PLANNED DEVELOPMENT AGREEMENT, made and entered in to this 25th day of
November
, , 1980, by and between the CITY OF ELK RIVER, Sherburne County,
Minnesota (the City) and GAR-SAN ENTERPRISES, INC., with address at 544 Third
Street, P.O. Box 236, Elk River, Minnesota 55330 (Developer).
WIT N E SSE T H:
WHEREAS, Developer proposes a Planned Development in the City to be known'
as Barrington Place (the Development) more particularly described in Exhibits
attached hereto and incorporated herein by reference (the Exhibits), containing
thirty-four and two-tenths (34.2) acres of land more or less, said land legally
described in Exhibit "A" (The Subject Land); and
WHEREAS, it is the intention of Developer to proceed with the Development
whereby the Subject Land will be subdivided pursuant to Minnesota Statutes,
Chapters 505 and 462, and the City's Subdivision Ordinance providing for the
. pIa t ting of land and to obtain certain approvals from the City for the various
phases of the Development as development progresses;
NOW, THEREFORE, it is hereby agreed by and between the parties hereto as
f.ollows:
1.) Development - Developer intends to develop the Subject Land in accord-
ance with the plans shown on the Exhibits and the City agrees to permit the
Development subject to obtaining final approval for each phase of the Develop-
ment from the City before proceeding with any work on said phase, unless other-
wise agreed to by the City.
2.) Exhibits ~ The Exhibits attached hereto, incorporated herein by ref-
erence and made a part of this Agreement are:
Exhibit "A" - Legal Description
Exhibit "B" - Site Plan
Exhibit "C" - Land Use Map
Exhibit "D" - Phasing Plan
Exhibit "E" - Sewer Hook-up Map
Exhibi t "F" - Developer's Agreement
3.) Approval EY the City - The City hereby approves the Development as
shown in the Exhibits; provided, however, that insofar as the Exhibits may vary
from the written terms of this Agreement, said written terms shall govern.
.
4.) Term or Planned Development - Developer represents that it intends to
complete the Development within ten (10) years from the date hereof, so long as
.
.
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the City grants timely approval of each phase of the Development.
limits its approval to said ten (10) year period.
The Ci ty
5.) ~ for Orderly Development -
(01) On-Site Utili ties - In order to promote the orderly installation of
on-site utilities within the Development, Developer will prepare and submit
to the City Engineer a phasing plan covering the installation of streets,
curbs anc;i gutters, sidewalks and other public walkways, water, storm sewer
and sanitary sewer laterals. City Engineer will make such changes as he
believes are in the interest of the City and submit the final phasing plan
to the Planning Commission and City Council for their approval. No City
financed services will be installed that are not in conformance with an
approved phase of the Development.
(02) -Approval Prior ~ Construction - Prior to constructing any commercial
phase of the Development, Developer shall submit his plans to the Planning
Commission for site and landscaping plan, builtlling plan and architectural
review.
6.) Major Street Dedications and Easements - Developer agrees to dedicate
as part of the plat the streets known as Auburn Place and Sixth Stre.et. In
addition, Developer will grant all such temporary cul-de-.:.sac easements as re-
quired and all necessary access easements for a public street to Elk Drive prior
to platting. Dedication shall be made for streets within the plat upon record-
ing of the final plat. The City's approval of the final plat shall include an
assumption of the public duty to maintain the dedicated streets when completed
according to plans approved by the City. .
.
(02) Commercial Uses - The use of the commercial parcels shall be re-
stricted to thos~es which are principle or conditional in the C-l, C-2
and C-3 commercial zones with the following exceptions:
Principle Uses not allowed:
1. Multi-family dwellings
2. Parking ramps
3. Taverns
4. . Motor vehicle service stations servicing vehicles with more than
two (2) axels
5. Auto repair shops
6. Storage facilities
7. Drive-in Theaters
8. Outdoor amusement centers
Conditional uses not allowed:
1. Those conditional uses permitted in the, R-4District
2. Those principle uses permitted in the R-3 andR-4 Districts
9.) Assessments - The parties mutually agree that all public improvements
installed by the City related to the Development shall be assessed pursuant to
Chapter 429 of Minnesota State Statutes, and in accordance with a Developer's
Agreement for each phase of the development satisfactory to the City. Other-
wise, the Developer shall be responsible for installation of improvements in
. accordance with City standards.
10.) Park, Trail and Pond Dedication - Developer will contribute an amount
equal to ~percent (10%) of the Fair Market Value of land included in the
Development to the City's Park Fund. Amount to be determined by an independent
fee appraiser.
11.) Sidewalks - Concrete sidewalks, in such widths and in such location as
required by the City's applicable ordinance in effect at the time of final plat
approval, shall be constructed for lands wi thin the Development contemporane-
ously with the improvement of streets and be assessable to Developer. The City
will consider reasonable exceptions to sidewalks as each phase is presented for
approval, and decisions as to said exceptions shall be within the reasonable
discretion of the City.
12.) Street Lights - Developer agrees to provide and the City agrees to
accept a street lighting system for each phase pursuant to the applicable ordi-
nance in effect at the time of the final plat approval.
13.) Building Setbacks - Building setbacks shall be those established by
the City's Zoning Ordinance in effect at the time of final plat approval.
.
14.) Pr~servation of Trees - Developer agrees to comply with the City's
ordinances currently ineffect related to preservation of trees and specifically
will exercise reasonable efforts in residential areas to save mature, undiseased
trees on the Subject Land which do not have to be removed for reasonable instal-
lation of buildings, streets, sidewalks, utilities or drainage improvements and
construction activities related thereto.
3.
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.
15.) Screening - Coincidental with the submission of each phase for site,
bUilding and architectural approval, Developer shall submit a J landscape and
screening plan for any residential lots with a side yard or rear yard abutting a
major or minor arterial or collec tor street. The City may require reasonable
landscaping and screening of said lots abutting on such public streets at the
expense of Developer and where said screening is required, it shall be a part of
the Developer's Agreement required by the City for each phase.
16.) Developer's Interest in Property - Developer hereby warrants and
represents to the City, as inducement to the City's entering into this Agree-
ment, that Developer has an interest in the Subject Land as a fee owner.
17.) Compliance ~ City Ordinances - Developer agrees to reasonably
comply with all City Council Ordinances consistent with this Planned Development
Agreement which may affect the Development.
18.) Buffer Area - Prior to initiating construction of each Phase, the
Developer shall S~t to the City for approval a d~tailed plan for buffering
and landscaping the setback area between the residential and commercial areas.
19.) Developer shall create a Homeowner's Association before any building
permits are issued for the townhomes. Prior to the filing of the Homeowner's
Association documents with Sherburne County, they shall be submitted to the City
Attorney for review and compliance with this Agreement.
.
(01) The Homeowner's Association shall be responsible for the exterior
maintenance of all townhomes in the plat.
(02) The common areas shall be properly maintained by the Homeowner's Asso-
ciation including weed control, mowing, utilities care, etc., in accordance
with generally recognized standard practice and shall not be significantly
altered except as permitted herein.
(03) The Homeowner's Association shall maintain all private streets, park-
ing areas or driveways and traffic controls, if any, within the plat (park-
ing signs or painted markings for handicapped and no parking zones).
(04) Membership in the necessary Homeowner's Association must be mandatory
for each owner and any successive buyer. The dues for such membership must
be established to adequately meet the expenses of maintenance and fulfill-
ment of all responsibilities of the Homeowner's Association as set forth in
this Agreement. A provision must be made in the bylaws of the association
to reflect this condition.
20.) Notices - Whenever in this Agreement it shall be required or permitted
that notice or demand be given or served by either party to this Agreement to or
on the other party, such notice or demand shall be delivered personally or
mailed by United States mail to the addresses hereinafter set forth by certified
mail (return receipt requested). Such notice or demand shall be deemed timely
given when delivered personally or when deposited in the mail in accordance with
.e above. The addresses of the parties hereto are as follows, until changed by
tice given as above:
'-
.
If to the City, at:
City of Elk River
505U.P.A. Drive
Elk River, Minnesota 55330
If to the Developer, at:
Gar-San Enterprises, Inc.
544 Third Street, P.o. Box 236
Elk River, Minnesota 55330
21.) Remedies - Should Developer breach any of the terms and conditions of
this Agreement~ the City shall any or all of have the following remedies:
(01) Withhold development permits for the undeveloped phases.
(02) Terminate this Agreement by written notice to Developer and revert the
zoning of the Property to the original land use designation as shown on
Exhibi t "C".
(03) Institute prosecution of Developer under the relevant provisions of
the City's Zoning Ordinance.
22.) Binding Agreement - This Agreement shall be binding upon the Devel-
oper, its successors and assigns and upon the City until terminated. The rights
and remedies granted to the City herein shall be enforceable only by the City
and not by other persons or parties.
.e
IN WITNESS wHEREOF, the parties hereto have executed this Agreement as of
day and year first above written.
CITY OF ELK RIVER
By:
g,q~/o7;rtf~
Frank Madsen
Its: Mayor
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By :~'-::"~:., / '-- ____ {/1- . '.A Cl. ~." ~
Robert Middau~h tI
Its: Administrator
GAR-SAN ENTERPRISES, INC.
By:(f1~1-) ;;;~~
Its: ) I/~) .
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By:
Its:
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