7.2. SR 11-20-2000
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City of ~
Elk
Item #
1.2.
MEMORANDUM
TO: Mayor and City Council
FROM: Scott Harlicker, Senior Planne~
DATE: November 20, 2000
SUBJECT: Case No. CU 00-39
Request by Madison Marquette to Amend Conditional Use Permit,
Public Hearing
Request
Consider a request by Madison Marquette to amend the conditional use permit
for the PUD Agreement for Elk River Plaza 4th Addition to allow two wall signs for
Northstar Access.
. Location
Lot 2, Block 1, Elk River Plaza 4th Addition
Zoning/Land Use
PUD (Planned Unit Development) / HB (Highway Business)
Attachments
. Location map
. Site plan
. Building elevations
. Letter from applicant
. Elk River Plaza PUD Agreement Amendment #4
. Elk River Plaza PUD Agreement Amendment #5
Overview
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On June 21,1999 the City of Elk River approved an amendment to the Elk River
Plaza Planned Unit Development Agreement to allow the demolition of a portion
of the existing mall and the construction of a 15,000 sf. retail building, a 40,000
sf. medical office building and remodeled mall space to be used as a restaurant
13065 Orono Parkway. P.O. Box 490. Elk River, MN 55330. TDD & Phone (763) 441-7420. Fax (763) 441-7425
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To Mayor and City CouncillCU 00-39
November 20, 2000
Page 2
and retail space. The PUD agreement also specified signage for each building
and business. The retail space located within the remodeled mall was permitted
one wall sign and the restaurant was allowed two wall signs. The restaurant was
allowed the additional sign because it is located at the end of the building. The
portion of Amendment #4 relating to wall signage was based on the Elk Park
Center PUD Agreement which limits tenants in multi-tenant buildings to one wall
sign.
One of the retail tenants, Northstar Access, is asking that the PUD agreement be
amended so they could have two wall signs, one on the front of the building and
one facing Highway 169. Other businesses in the mall, 1st Barber Stylists,
Marcus Theaters and The Gym, all have signs on the front of the building and the
rear facing Highway 169. The signs facing Highway 169 were allowed as part of
the original PUD agreement approved in 1987. Staff does not believe it would be
out of character or detrimental to allow Northstar Access additional signage
similar to the other tenants in the mall.
Planning Commission Meeting
At the Planning Commission meeting held on November 14th, no one spoke at
the public hearing. The Commission asked about the remaining vacant space,
and the applicant indicated that the space would be used as an office and would
not require additional signage.
Recommendation
The Planning Commission and staff recommend the City Council approve an
amendment to the Elk River Plaza 4th Addition PUD agreement to allow Northstar
Access a second wall sign facing Highway 169.
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Mao..;onMarquetteRealtySer{ ~~es
September 21, 2000
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Re: Conditional Use Permit Application
Elk River Plaza 4th Addition
Lot 2, Block 1
716 Freeport Avenue
Elk River, MN 55330
Dear Sirs:
We are requesting the Planning Commission and City Council amend the sign criteria for Elk River Plaza, 4th
Addition, Lot 2, Block 1, to allow NorthStar Access, a new tenant to the property, the ability to have wall signage
located on both the front (west elevation) and rear (east elevation) of its premises. With the rear of the building
facing Highway 169, it is imperative for these retail tenants to be visible to their prospective customers. The ability
to have a sign on the rear of the building along Hwy. 169 is a tremendous tool for visibility to over 35,000 vehicles
daily on Hwy 169 alone. It is very difficult to advertise their location with the limit of one sign. NorthStar Access
has installed. one sign on the front of their premises. This is' not visible until you are in front of the center off of
Freeport but needed to identify their storefront. Signage is a great marketing tool and will help NorthStar Access'
ability to get their business known and recognized in the area. The property is designed to handle two signs for
NorthStar Access, there is room available for the additional sign and it is also beneficial for deliveries, utilities, etc.
for the rear entrance.
The current Amendment No 4, to Elk River Development Agreement, City of Elk River, Sherburne County,
Minnesota, paragraph 1), subparagraph (05), Wall Signage, has sign criteria for the "Attached restaurant/retail
building on Lot 2", which states the retail tenants shall have 1 wall sign. The restaurant will be allowed 2 wall signs.
The adjacent tenant to NorthStar Access, First Barber Stylists, also has 2 signs, one on the east and one on the west
elevation. The theatre also has a sign on the rear of the building, along with The Gym and Chiropractic services. I
am told by the city that these tenants are grandfathered in at this time, which allows them two signs. The only tenant
whose premises have a front and rear access without the ability to have 2 signs at the center is NorthStar Access.
Also, NorthStar Access is not a party to the pylon sign on the premises.
Enclosed please find an application for a Conditional Use Permit to allow our new tenant at the above-referenced
property, NorthStar Access, the ability to have two wall signs for their premises, one located on the west elevation
(the front of their store) and one on the east elevation (the rear of their store facing Hwy. 169). We have also
enclosed a site plan showing the footprint of the building with NorthStarAccess' location, a drawing showing the
signband with the location of the proposed sign, labels for property owners within 350 feet of the property and a
check in the amount of$75.
Please grant our request allowing NorthStar Access the ability to have 2 wall signs at the center. If you have any
questions, please do not hesitate to contact me at 612/852-5140.
iJ~~
Wendy Aaserud
Property Manager
/wa
cc:
Lee Hoffman
Peter Scherer
Crescent Ridge Corporate Center 11100 Wayzata Boulevard, Suite 601, Minnetonka, Minnesota 55305-1544 . Telephone: 612/852-5200 Facsimile: 6121852.5201
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AMENDMENT NO.4
to
ELK RIVER PLAZA DEVELOPMENT AGREEMENT
CITY OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA
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THIS AMENDMENT NO. 4 is made effectlve the 21st day of June, 1999, by and
between the CITY OF ELK RIVER, Sherburne County, Minnesota (the City), and
ELK RIVER SHOPPING CENTER COMPANY, a Minnesota partnership, 9110 83rd
Avenue North, BrooklynPark, Minnesota 55445.
WIT N E SSE T H:
WHEREAS, on December 24, 1984, the parties hereto entered into Elk River
Plaza Planned Development -Agreement, which agreement was amended by
Amendment No.1 effective December 31, 1985, and by Amendment No.2, effective
March 16, 1987, and by Amendment No.3, effective September 21, 1987; and
WHEREAS, the City Council on June 21, 1999, approved the Replat of Lot 4,
Block 2, of Elk River Plaza, as Elk River Plaza 4th Addition.
WHEREAS, on June 21, 1999, the Elk River City Council approved an
amendment to the Elk River Plaza Planned Development Agreement to permit the
development of Elk River Plaza 4th Addition by the placement of the following
improvements on the property: A 15,000 square foot retail building on Lot 1, Block
1, Elk River Plaza 4th Addition; the placement of a 200 seat Class I restaurant with
on sale liquor, a 6,500 square foot retail building on Lot 2, Block -1, Elk River Plaza
4th Addition, and the placement of a 40,00 square foot medical office on Lot 3, Block
1, Elk River Plaza 4th Addition.
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NOW, THEREFORE, it is hereby agreed by and between the parties here as
follows:
1.) The Elk River Plaza Planned Development Agreement IS hereby
amended to allow the construction of the following improvements:
(01) A 15,000 square foot retail building to be located on Lot 1, Block 1,
Elk River Plaza 4th Addition; and
(02) A Class I restaurant with on-sale liquor, and 6,500 square foot retail
on Lot 2, Block 1, Elk River Plaza -4th Addition; and
(03) A 40,000 square foot medical office building on Lot 3, Block 1, Elk
River Plaza 4th Addition; and
(04) A 19-foot tall monument sign on Lot 2, Block 1, Elk River Plaza 4th
Addition, and an 8-foot tall monument sign on Lot 3, Block 2, Elk
River Plaza as shown on the approved site plan.
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(05) Wall signage as follows:
1. Free standing- retail building- on Lot 1 - Each tenant shall have.
no more than 1 wall sign except for the drug store at the east
end of the building, which will be allowed 2 signs. Wall .
signage shall consist of individualletters. Capital letters shall
be no larger than 32" high; lower case letters shall be no more
than 24" high. Letters shall extend no closer than 3'_4' from
projected lease line.
2. Attached restaurant/retail building- on Lot 2 - Restaurant shall
have 2 wall signs and retail tenants shall have 1 wall sign.
Signs shall consist of individual letters. Capital letters shall
be no larger than 32" high; lower case letters shall be no larger
than 24" high. Letters shall extend no closer than 3'-4' from
projected lease line.
2.) It is further a condition of approval of the authorized development
that the same shall be completed in conformance with the attached site plan
approved by the Planning Commission and City Council and that all signage and
lettering shall be consistent with the approved site plan and as outlined in this
amendment.
3.) The words, phrases, terms, and conditions used herein shall be
interpreted the same as those used in the Elk River Retail Center Planned Unit
Development Agreement.
4.) All other terms and conditions of the Elk River Plaza 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.
A~~p~~~
Patrick D. Klaers
Its: City Administrator
CITY OF ELK RIVER
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Its: Mayor
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AMENDMENT NO.5
to
ELK RIVER PLAZA PLANNED UNIT DEVELOPMENT AGREEMENT
CITY OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA
THIS AMENDMENT NO.5 is made effective the 20th day of November, 2000, by and
between the CITY OF ELK RIVER, Sherburne County, Minnesota (the City), and ELK
RIVER SHOPPING CENTER COMPANY, a Minnesota partnership, 9110 83rd Avenue
North, Brooklyn Park, Minnesota 55445.
WIT N E SSE T H:
WHEREAS, on December 24, 1984, the parties hereto entered into Elk River
Plaza Planned Unit Development Agreement, which agreement was amended by
Amendment No. 1 effective December 31, 1985, and by Amendment No.2, effective
March 16, 1987, and by Amendment No.3, effective September 21, 1987; and
WHEREAS, the City Council on June 21, 1999, approved the Replat of Lot 4,
Block 2, of Elk River Plaza, as Elk River Plaza 4th Addition.
WHEREAS, on June 21, 1999, the Elk River City Council approved an
amendment to the Elk River Plaza Planned Unit Development Agreement to permit the
development of Elk River Plaza 4th Addition by the placement of the following
improvements on the property: A 15,000 square foot retail building on Lot 1, Block 1, Elk
River Plaza 4th Addition; the placement of a 200 seat Class I restaurant with on sale
liquor, a 6,500 square foot retail building on Lot 2, Block 1, Elk River Plaza 4th Addition,
and the placement of a 40,00 square foot medical office on Lot 3, Block 1, Elk River
Plaza 4th Addition.
WHEREAS, on November 20, 2000 the Elk River City Council approved an
amendment to the Elk River Plaza Planned Unit Development Agreement to permit a
second wall sign on the rear of the mall for a 6,500 square foot retail building on Lot 2.
NOW, THEREFORE, it is hereby agreed by and between the parties here as
follows:
1.) The Elk River Plaza Planned Unit Development Agreement is hereby
amended to allow the construction of the following improvements:
(01) Wall signage as follows:
1. Attached restaurant/retail buildinQ on Lot 2 - Restaurant shall
have 2 wall signs and retail tenants shall have 2 wall signs. Signs
shall consist of individual letters. Capital letters shall be no larger
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than 32" high; lower case letters shall be no larger than 24" high.
Letters shall extend no closer than 3'-4' from projected lease line.
2.) It is further a condition of approval of the authorized development that the
same shall be completed in conformance with the attached site plan approved by the
Planning Commission and City Council and that all signage and lettering shall be
consistent with the approved site plan and as outlined in this amendment.
3.) The words, phrases, terms, and conditions used herein shall be
interpreted the same as those used in the Elk River Retail Center Planned Unit
Development Agreement.
4.) All other terms and conditions of the Elk River Plaza 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.5.
IN WITNESS WHEREOF, the parties have caused this Amendment NO.5 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
Patrick D. Klaers
Its: City Administrator
Stephanie Klinzing
Its: Mayor
DEVELOPER:
ELK RIVER SHOPPING CENTER
COMPANY
By:
Its:
By:
Its:
STATE OF MINNESOTA
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COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this _ day of
, 2000, by Stephanie Klinzing and Patrick D. Klaers, the Mayor
and City Administrator, respectively, for the City of Elk River, Minnesota.
s: \planning\agreemts \erplaza5.doc
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STATE OF MINNESOTA
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COUNTY OF SHERBURNE )
Notary Public
The foregoing instrument was acknowledged before me this _ day of
,2000, by and
of ELK RIVER SHOPPING CENTER
COMPANY.
s: \planning\agreemts \erplaza5.doc
Notary Public