6.6. & 6.7. SR 03-15-1999
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Item # 6. 6. & 6. 7 .
River
MEMORANDUM
TO: Mayor and City Council
FROM: Scott Harlicker, Planning Assistan~
DATE: March 15, 1999
SUBJECT: Request by Associated Developers of
the Twin Cities, Inc. for Preliminary
Plat and Conditional Use Permit,
Public Hearing Case No.'s P 98-8
and CU 98-26
Request
Consider a request by Associated Developers for the following:
.
1. Preliminary plat of 70.71 acres into 9 commercial lots and 2 outlots
2. A conditional use permit for a 70.71 acre commercial Planned Unit
Development
Location
The southeast corner of Highway 169 and Main Street
Zoning/ Land use
PUD (Planned Unit Development) / HB (Highway Business)
Attachments
- Staff report from March 8, 1999 City Council meeting
.
At the March 8th Council meeting, the staff presented an overview of the
project and the Council had an opportunity to hear public comment.
Unfortunately, the developer, the City Engineer and City Attorney were
unable to be in attendance. Public comment was received from the adjacent
property owner to the west, Kathy Swanberg. She wanted the proposed road
13065 Orono Parkway - P.O. Box 490 - Elk River, MN 55330 - TDD & Phone: (612) 441-7420 - Fax: (612) 441-7425
.
.
.
Memo to Mayor and City Council
March 15, 1999
Page 2
through the project to be public, not private. She was concerned about access
to her property. The public hearing was left open.
Most of the discussion centered on the proposed road through the project and
whether it should be private, public or a combination of the two. The Council
members expressed concerns regarding a private road.
Other discussion included clarifying who was paying for street improvements
along with an explanation of pedestrian access around and through the site.
At Monday's meeting the developer, as well as the City Engineer and City
Attorney, will be available to answer questions. Following this meeting the
developer will have an opportunity to revise the development plan to address
the Council's and staffs concerns and bring the project back for the Council's
considera tion.
f: \shrdoc \planning\scott \p98-8315.doc
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Item #
River
MEMORANDUM
TO: Mayor and City Council
FROM: Scott Harlicker, Planning Assistant
DATE: March 8, 1999
SUBJECT: Request by Associated Developers of
the Twin Cities, Inc. for Preliminary
Plat and Conditional Use Permit,
Public Hearing Case No.'s P 98-8
and CU 98-26
Request
Consider a request by Associated Developers for the following:
.
1. Preliminary plat of 70.71 acres into 9 commercial lots and 2 outlots
2. A conditional use permit for a 70.71 acre commercial Planned Unit
Development
Location
The southeast corner of Highway 169 and Main Street
Zoning/ Land use
PUD (Planned Unit Development) / HB (Highway Business)
Attachments
. Location map
. Development plans
. Memos from City Engineer dated 10/23/98 and 12/16/98
. Minutes from the November 24th and December 22nd Planning
Commission meetings
.
13065 Orono Parkway. P.O. Box 490 · Elk River, MN 55330. TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
. Overview
Background
At the December 22,1998 Planning Commission meeting, the Commission
recommended approval of the preliminary plat and the conditional use
permit for the planned unit development. At the November 30, 1998 City
Council meeting, the Council approved the rezoning request to Planned Unit
Development. The Council is now being asked to consider the preliminary
plat and the conditional use permit for the planned unit development. As
each of the individual sites within the PUD are developed, they will be back
before the Planning Commission and Council for all the necessary approvals.
Those approvals will include conditional use permits and in some case final
plat approval.
.
Monday night's meeting will provided the Council with an opportunity to
review the project, listen to a presentation by the developer, ask questions
and provide comments so the applicant can make any necessary revisions to
the plan to address outstanding issues and concerns. The Council is not
expected to make a decision at this meeting regarding approval of this
project.
General Layout
The project consists of 9 commercial lots and 2 outlots. Walmart is proposed
to be located on a 21 acre parcel and a home improvement store, along with a
attached retail space and a freestanding retail site, will be located on a 15
acre lot. There are 5 freestanding sites along the east side of Highway 169
and 2 freestanding sites on the interior of the project, one on the south end of
the project and one between Walmart and the proposed Crossing Avenue. The
proposed layout along with the wetlands make the project appear less
crowded than originally proposed. The open area and wetlands could be
turned into an amenity for the site if landscaped properly.
The proposed Walmart will have 197,000 square feet and the proposed home
improvement store will have 112,00 square feet. An additional 38,000 square
feet of retail space is proposed for the home improvement store site. Proposed
uses for the freestanding sites includes the following:
.
20,000 square foot office/service
12,000 square foot office
5,500 square foot convenience store
3,500 square foot fast food
.
250 seat restaurant
65 unit motel
225 seat restaurant
According to the Environmental assessment Worksheet submitted for this
project there is approximately 404,200 square feet of commercial retail and
office space. The developable acreage on this project is 60.9 acres; the
resulting density is 6637 square feet per acre. For a comparison, Elk Park
Center has 374,000 square feet on approximately 50 acres for a density of
7480 square feet per acre.
Parking. Access and Streets
There will be 989 parking spaces included on the Walmart site and 741
spaces on the home improvement store site. Parking for the freestanding
sites will be reviewed when development plans are proposed. Adequate
parking is being provided for the two big box retailers.
.
Access into the site is proposed from 3 locations. Main entrances are proposed
from Main Street and Tyler Street. A secondary access is also proposed from
Tyler Street; this will be a right in and right out only located in the rear of
the proposed home improvement store. The development plans show a shared
driveway for the two lots closest to Main Street.
A city street, Crossing Avenue, is proposed to extend from Main Street about
1000 feet into the site. Access from six of the freestanding sites will be
provided from this street. Crossing Avenue is proposed to be a private drive
through the site in front of the two big box stores then become a city street
again for about 1000 feet to the Tyler Street entrance. The applicant has
indicated the appearance of Crossing Avenue will not change when the street
changes from pubic to private and back to public again.
The Planning Commission had some concerns regarding traffic flow and
people using the drive as a short cut. They felt if it was a city street, it should
be a city street all the way through the project and access points into the
Walmart and home improvement store sites should be limited. The other
option would be to have Crossing Avenue be a private drive all the way
through the project from Main Street to Tyler. Access to the street, if it were
private, could also be limited.
.
Concerns raised by the Police Department regarding the private street option
include enforcing traffic laws. Typically the Police Department does not
enforce traffic and parking laws on private property. Since the street will
function as a public street in that it will provide public access to the
individual lots and will be used by some as a connection between Main Street
.
and Tyler Street, the Police should have the ability to enforce traffic and
parking regulations. The Street Superintendent also expressed some
concerns regarding maintenance of the street. He is finding that some
developments with private roads are requesting the Street Department
conduct snow removal and maintenance on a contract basis. This can cause
some problems regarding prioritizing which streets receive first attention
when it comes to snow removal and maintenance.
The applicant will also be responsible for all the necessary improvements to
Main Street as contained in their traffic study. The City Engineer in his
memo dated 10/23/98 outlined the traffic issues.
Access to the property to the south of Lot 5 was also discussed. If Crossing
Avenue was a public street there would be no need for any access agreements
or easements ensuring the property would not be landlocked without access
to a public street.
The loading areas for both Walmart and the home improvement store face
arterial streets. Provisions for screening and making the loading areas
inconspicuous should be included in the plans.
.
Relation to Central Business District
The City is currently undertaking a visioning process for the central business
district. It is likely that this development will serve as the eastern terminus
of the central business district corridor along Main Street. It is important
the Council takes this into consideration when reviewing this project and find
ways to make the connection to the Main Street corridor. Methods to
accomplish this include architectural treatments and building materials,
pedestrian walkways, landscaping and lighting.
Architecture
As in Elk Park Center there should be some type of unifying architecture
that is included as part of the building elevations. The Council should
consider the type of exterior materials and colors they would like to see as
part of a comprehensive look to the site. Since the site has frontage on both
County Road 12, Tyler Street and Highway 169, there is not really a rear side
to the project. This is important to keep in mind when considering the design
and architecture of the buildings. Both Walmart and the home improvement
store will have large sections of their buildings facing an arterial or a
collector street; it would be worthwhile to treat all sides of the buildings,
which face a public street, as if they were the front. With input from both the
. City Council and Planning Commission, staff will be working with the
.
.
.
developer on setting the architectural character of the project. Some form of
design criteria will be incorporated into the PUD agreement.
Pedestrian Access
The pedestrian access between the Walmart and the home improvement
parking lots will be widened from 20 feet to 24 feet. The sidewalk on the west
side of Crossing Avenue has been extended through to the connection with
the business park on the south end of the project. It was not extended
through to Tyler Street. Staff will recommend the sidewalk be extended to
Tyler Street.
Landscaping
The applicant has submitted a conceptual landscaping plan. A final plan will
be submitted for approval which will incorporate Planning Commission, City
Council and staff comments. It is staffs recommendation that landscape
islands be more centrally located in the Walmart parking lot to better break
up the expanse of pavement.
EAW and Wetlands
On February 16th the Council approved the proposed wetland mitigation plan
and approved the negative declaration on the need for an EIS.
Grading, Drainage and Utilitiies
Drainage, grading and utilities are addressed in the City Engineer's memo.
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Formerly MSA
Consulting Engineers
Howard R. Green Company
CONSULTING ENGINEERS
October 23, 1998
File: 800112J-0240
Honorable Chairman and Planning Commission
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: ELK RIVER CROSSING REVIEW
Dear Planning Commission Members:
We have done an initial review of the submittal package for the Elk River Crossing commercial
development. As you are aware, this is the 70-acre Earl Hohlen property in the southeast
quadrant of TH 169 and Main Street. It would be staffs hope to follow the Trott Brook Farms
model in reviewing this project. In other words, we would hope to make a presentation on the
major issues we see with this development at Tuesday's Planning Commission meeting. After
the public hearing, we would hope for some discussion and direction from the Planning
Commission to the staff on how to proceed with these major issues. We would anticipate that
the Planning Commission would table action on this development to their next meeting. By that
time, staff and the developers can work to revise the submittal package and staff will have a
detailed list of conditions prepared for the Planning Commission to consider.
The submittal package consisted of an 8-page set of drawings, prepared by McCombs, Frank,
Roos and Associates, a draft Environmental Assessment Worksheet, a wetland report and
mitigation plan, prepared by McCombs, Frank, Roos, and Associates, and a Traffic Impact
Analysis, prepared by Benshoof and Associates, Inc. Based on our review, comments received
at the staff review meeting, and meetings with the developers, we would summarize the major
issues as follows:
A. PROJECT DENSITY
According to the Environmental Assessment Worksheet, the project is proposed to have
up to 404,200 square feet of commercial retail and office complex, located on 70.02
acres. Of the 70+. acres contained within the site, 9.12 of these acres are wetland;
therefore the developable resulting acreage is 60.9. As a comparison, Elk Park Center,
where Target and Cub Foods reside, was a development on approximately 50 acres that
contain 374,000 square feet. It appears that Elk River Crossing has a density somewhat
less than that of Elk Park Center.
0:\PROJ\800112j\0240\112-2101.oct.doc
1326 Energy Park Drive · St. Paul, MN 55108 · 612/644-4389 fax 612/644-9446 toll free 888/368-4389
Elk River Planning Commission
October 23, 1998
Page 2
.
B. TRANSPORTATION ISSUES
1. The Traffic Impact Analysis report prepared by Benshoof and Associates, dated
October 1998, projects the p.m. peak hour traffic at 950 trips into the site and
1,052 trips out of the site. They go on to predict that 80% of these trips will be
new trips, and that 20% will be bypass trips. Bypass trips represent vehicles that
were already on the highway for some other purpose and decide to stop at Elk
River Crossing.
2. The report goes on to analyze the exterior street infrastructure surrounding the
development, and proposes additional improvements that will be needed. They
are as follows:
a) Trunk Highway 169 and Main Street
At this intersection, they recommend the addition of a second westbound
left turn lane, from Main Street onto Trunk Highway 10, a second
southbound left turn lane, from'Trunk Highway 169 onto Main Street, and
a separate westbound right turn lane with channelization. This
recommendation will result in a six-lane Main Street at the east side of TH
169. It may also require some changes to Main Street on the west side of .
TH 169 to make the geometry line up.
b) Main Street and CSAH 13
At the intersection of Main Street and CSAH 13, which will be the major
access point to the development, they suggest that the following
intersection configuration is needed:
. One eastbound left turn lane, two eastbound through lanes, and
one eastbound right turn lane.
. One westbound left turn lane, one westbound through lane, and
one westbound through/right turn lane.
. Two northbound left turn lanes and one northbound through/right
turn lane.
. One southbound left turn lane and one southbound through/right
turn lane.
The report goes on to indicate that the left turn lane into the old
northbound liquor site needs to be eliminated, and the left turn lane onto
Trunk Highway 169 extended. With the proposed improvements at Main
Street and CSAH 13, major construction will be required between Trunk
Highway 169 and this first intersection, including additional lanes and turn
lanes. The report also indicates that this intersection needs to be .
signalized to operate efficiently.
Howard R. Green Company
O:\PROJ\800112j\0240\112-2101.oct.doc CONSUL TI NG ENGI N EERS
Elk River Planning Commission
October 23, 1998
Page 3
Additional right-of-way will likely be needed from the plat to accomplish
these proposed roadway improvements
c)
The site plan shows a right-inlright-out along CSAH 12, between the main
entrance and the intersection of Tyler Street and CSAH 12, at the east
edge of the development. The Traffic Impact Analysis report indicates
that this access point will operate at a level of service B. It does not
indicate whether a right turn lane and/or short acceleration lane will be
needed for its efficient operation. It should be pointed out that this access
point does not meet Sherburne County's adopted guidelines for access
onto County State Aid Highways. This access is also of concern to City
staff.
d)
CSAH 12/Tyler Street
.
This is the main intersection with the City's new north-south transportation
corridor along the east side of this development. The design of this
intersection meets or exceeds the recommendation contained within the
Traffic Impact Analysis. The Traffic Impact Analysis indicates that a
signal control will need to be installed once Elk Park Crossing begins to
near full development. We have anticipated this in the design of Tyler
Street and CSAH 12, and conduits are being placed for the future
signalization of this intersection.
e)
Tyler Street/South Development Access
The design of Tyler Street at this location meets or exceeds the Traffic
Impact Analysis recommendation for lane configuration. Specifically,
there will be a dedicated left turn lane into the site, which exceeds the
Traffic Impact Analysis recommendation. One thing that Elk River
Crossing should consider is future residential development east of this
location. We would anticipate that there would be a four-legged
intersection at some point in the future.
f) Service Entrance/Tyler Street
The Traffic Impact Analysis is silent on this intersection, but the site plan
does show a full access to the rear of the large commercial sites off of
Tyler Street. Staff would recommend that a right-in/right-out be allowed
at this point for service vehicles, but that the median remain intact to
preclude left turns at this point.
.
Howard R. Green Company
O:\PROJ\800112j\0240\112-2101.oct.doc CONSULTING ENGINEERS
Elk River Planning Commission
October 23, 1998
Page 4
.
1. The County will likely need additional right-of-way from this development along
CSAH 12. The City would require that the development construct a 10-foot
bituminous pathway along CSAH 12, from the intersection of Tyler Street to
Trunk Highway 169. This will tie into the pedestrian facilities anticipated along
Tyler Street and the north side of CSAH 12, east of the intersection of Tyler
Street.
2. The interior right of way is shown at 60 feet. There is no street section indicated.
We believe that this right-of-way is too small to accommodate a commercial
access road. It should also accommodate a sidewalk to connect Main Street with
Tyler Street.
c. Environmental
1. Environmental Assessment Worksheet (EAW)
The draft has been prepared and reviewed by City staff. The developer will be
making the necessary changes and submitting the EAW to the City for signature
and start of the public comment period.
2.
Wetlands
.
As indicated, a wetland reporUmitigation plan has been prepared for the site. It
was reviewed by the Technical Evaluation Panel (TEP). Comments were given
to the developer. After the changes are made and received by the TEP, joint
notification will be given.
3. County Ditch
Sherburne County Ditch No. 10 meanders through this site. It is the City's intent
to construct a storm sewer system along the Tyler Street alignment, which will
eventually allow the abandonment of Sherburne County Ditch No. 10. This is the
same process that was used with another leg of County Ditch No. 10 on the west
side of Trunk Highway 169. The issue that needs to be resolved will be one of
timing. The City and the developer will have to work with Sherburne County to
accommodate timing of the construction of the storm sewer system and the
abandonment of County Ditch No. 10 with the proposed schedule of the
development of Elk River Crossing.
4. Corps of Engineers
This project will require a Corps of Engineers permit. It is our understanding that
the application for this permit has already been made, and is working its way
through the process.
.
Howard R. Green Company
O:\PROJ\800112j\0240\112-21 01.ocl.doc CONSULTING ENGIN EERS
.
.
.
Elk River Planning Commission
October 23, 1998
Page 5
5. Indirect Source Permit
Because of the number of parking stalls, this project will require an indirect
source permit. The developers have not made application for this permit as of
yet. It will be required prior to any activity on this project.
D. Utilities
The City is proceeding with the Eastern Area Trunk Utility Improvement, which will bring
sanitary sewer and water through Elk River Crossing. These utilities will be adequate to
sewer the proposed development.
E. Miscellaneous
1. It should be noted that this proposed development does include three properties
not yet controlled by the developer. There are three single-family lots along
CSAH 12 that the developer is negotiating with the owners for their acquisition.
2.
Drainage plans have been submitted and reviewed. They meet the necessary
on-site ponding and limit the peak outflow from the site to an acceptable level.
They may have to be adjusted slightly as the developers rework the wetland
plan.
3. The 2:1 slopes shown in the ponds are unacceptable according to City policy.
They need to be 3:1 or flatter. Again, reworking the wetland plan may address
this issue, since the Wetland Conservation Act is more restrictive than City
policy.
4. There are a few more minor issues that will be dealt with prior to the next
submittal.
If you have any questions, we will be in attendance at your Planning Commission meeting.
Sincerely,
Howard R. Green Company
._&~~ftz<<LbV
Terry J. aurer, P.E.
T JM/st
Howard R, Green Company
O:\PROJ\800112j\0240\112-2101.oct.doc CONSULTING ENGINEERS
.
Howard R. Green Company
CONSULTING ENGINEERS
US1~
rmSrLTI\G DGI\IIRS
Formerly MSA
Consulting Engineers
December 16, 1998
File: 800-112 J. 0240
The Honorable Chairman and Planning Commission
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330-0490
RE: ELK RIVER CROSSING REVIEW
Dear Planning Commissioner:
.
After the initial Planning Commission review of the Elk River Crossing Development at the
October 27, 1998 meeting, the developer has submitted a revised packet of drawings. The
packet we reviewed was printed on December 1, 1998 and had a latest revision date of
November 30, 1998 on several of the sheets. The plan set had 8 pages consisting of a title
sheet, boundary survey, existing conditions, preliminary development plan, preliminary plat,
preliminary grading and drainage plan, preliminary utility plan and wetland fill/mitigation plan.
In an effort to avoid redundancy and repetitiveness, we will only comment on engineering issues
and only on those items that have changed since the initial review at the October 27, 1998 .
meeting. For reference, we have attached a copy of our October 23, 1998 initial review of this
project.
Based on our review in meetings with the developer and his engineers, we would offer the
following comments on the revised plans:
A.
PRELIMINARY DEVELOPMENT PLAN
.
. The right-in-right-out along County Road 12 has been removed
. The full access along Tyler Street to the rear of the major tenants has been
modified to be a right-in right-out only
. The southern entrance into the site off of Tyler Street still sh:)ws a median
across the access point; however, this access point is intended to be full
access with a left turn lane off of Tyler turning into the shopping center
. Lot 1 and 2 in the northwest corner of the site are now shown to have a
common driveway
. The 6,000 square foot retail store labeled Retail "B" should be on a free
standing lot
0.proj.l112-1601.dec
1326 Energy Park Drive. 51. Paul, MN 55108 . 612/644-4389 fax 612/644-9446 toll free 888/368-4389
The Honorable Chairman and Planning Commission
December 16, 1998
Page 2
.
. The development plan now shows a 6-foot sidewalk extending southerly into
the industrial site to the south. Generally a sidewalk is along the west and
southern part of the main access road coming from Main Street to this access
to the south. At that point, the sidewalk is shown on the north side of the
access road out to Tyler Street. This section of sidewalk along the north side
of the access road makes sense for anybody wanting to access the retail
opportunities from Tyler Street. We would; however, suggest that the
sidewalk also be continued along the southern side of the access road out to
Tyler Street to make a continuous path for pedestrians only wanting to cut
through the retail center
B. PRELIMINARY PLAT
. Currently there are no easements showing on the preliminary plat. The
sheet has a schedule, which calls out some of the necessary easements
according to the ordinance. In addition to that, easements will need to shown
for the truck sanitary sewer and water, which comes from the west side of
Trunk Highway 169 into the site and then follows the road out to the south to
Tyler Street. There will also need to be easements shown for the internal
lateral sanitary sewer water to serve to major tenants. In addition, there .
should be access easements shown for the parcel of property between Trunk
Highway 169 and the site. The final easement that will need to be provided,
although it cannot be shown on the plat, would be a sidewalk easement for
the link to the south
. Out lot "A" and "B" lying on the eastern side of Tyler Street are to be deeded
to the city according to the note shown on the preliminary plat
C. PRELIMINARY GRADING PLAN
. Storm drainage for the site has been provided through a series of catch
basins and small diameter pipe conveying runoff to sedimentation ponds prior
to discharging into wetlands located on the site. Generally, all the wetlands
flow from northwest to southeast where the discharge ultimately leaves the
site. Storm drain calculations that have been previously reviewed indicated
that the ponds do an adequ;ate job of reducing the amount of runoff to
predevelopment peak conditions. We have spoken with the developer and
his engineer about the possibility of taking the storm water runoff from the last
pond through the Vandenberg property to the large regional pond prior to
conveyance under the railroad tracks. This would help to minimize the size of
the storm sewer needed on Tyler Street. They have indicated that this would
be a workable solution for their development. We will proceed to work on a
final design for this type of system
. All ponds and wetlands on the site now have minimum 3-to-1 slopes.
.
0.proj.l112-1601.dec
Howard R. Green Company
CONSULTING ENGINEERS
.
The Honorable Chairman and Planning Commission
December 16, 1998
Page 3
. We have indicated to the developer's engineer that each of the storm sewer
collection points and ponds need to have emergency over flows indicated
such that in the case of a plugged catch basin the runoff will work its way to
the ponds without endangering any of the buildings on the site. The
developer's engineer has indicated'that he has thought about this but it was
difficult to show on this large scale, but they will provide that information in
greater detail in the future.
. There is a small amount of grading shown off of the project site on a piece of
property line between the development and Trunk Highway 169. Provisions
should be made to either get permission from the property owner for this work
or revise the development plan in such a way that this grading is not needed.
D.
PRELIMINARY UTILITY PLAN
.
. The preliminary utility plan accurately reflects the city's trunk sanitary sewer
and water construction plans with one minor exception. The 24-inch sanitary
sewer, which comes from the lift station, will extend north into the
development then easterly to the ring load. Currently the utility plan is
showing it going directly east through private property. The developers have
acknowledged that and they will make this change in their plans and will
provide the necessary easement for this sanitary sewer
. The lateral sanitary sewer shown on the plan is adequate to provide service
to all of the lots in the development. Easements will need to be provided over
the portion of the sanitary sewer through the parking lots of the major tenants
and the private portion of the ring road.
. We have reviewed the watermain layout with Bruce West, Fire Chief, and
Bryan Adams of the Elk River Municipal Utilities. Generally, the watermain
serving the two major tenants will need to be looped and more hydrants
placed around the buildings. It is also possible the fire chief will want looping
and hydrants along TH 169, depending on the intensity of development.
Since all buildings will have to go through a site plan review, additional more
specific comments will be given at that time.
. The storm sewer that drains the public road within the development will be
publicly owned and maintained. All other storm sewers leading from the
sedimentation ponds to the wetlands and draining the parking lot and private
ring road will be privately owned and maintained
E.
ENVIROMENT AL ISSUES
.
. The Environmental Assessment Worksheet for this project has been review
and signed off by the city and mailed to the appropriate agencies. The period
for public comment ends on January 28, 1999.
. The Wetland report has been reviewed by city staff and send out for joint
notification. It includes a replacement plan for wetlands that are to be filled
0.proj.l112-1601.dec
Howard R. Green Company
CONSULTING ENGINEERS
The Honorable Chairman and Planning Commission
December 16, 1998
Page 4
.
by this development. The comment period for these issues will end on
December 24, 1998
. Steve Rohlf is working with Sherburne County regarding the County Ditch No.
10 issues. As the commission is aware, a portion of County Ditch NO.1 0
crosses this development. The City's construction of the storm sewer under
Tyler Street will eliminate the need for County Ditch No. 10. We are hopeful
that the county will work with the City to abandon County Ditch No. 10 since
the City is constructing a pipe network to replace it, while still not affecting the
development timing for Elk River Crossing
If you have questions regarding any of these comments, we will be in attendance at your
December 22, 1998 planning commission meeting.
Sincerely,
HOWARD R. GREEN COMPANY
~fMI~
Terry J. Maurer, P.E.
.
.
o.proj.l112-1601.dec
Howard R. Green Company
CONSULTING ENGINEERS
Planning Commission Minutes
December 22. 1998
Page 5
.
.
'* 6.6.
6.7.
.
· THAT THE NEWLY PLATTED 7.51 ACRE SITE BE LIMITED TO TRACTOR TRAILER
STORAGE ONLY.
· THAT STAFF'S COMMENTS BE INCLUDED INTO THE SITE PLAN AND LANDSCAPE
PLAN PRIOR TO CITY COUNCIL APPROVAL. STAFF'S COMMENTS ARE AS
FOLLOWS:
THE SITE PLAN SHALL INCLUDE:
· IDENTIFICATION OF ACTUAL EXISTING CONDITIONS AND PROPOSED
INCLUDING ACTUAL AND PROPOSED TRACTOR TRAILER STORAGE
AREA WITH PROPER SETBACKS.
. IDENTIFICATON OF THE SURFACE MATERIAL OF THE TRACTOR TRAILER
STORAGE AREA (SHOULD BE IDENTIFIED AS GRAVEL).
· IDENTIFY THE LOCATION OF EXISTING AND PROPOSED CONCRETE
CURB AND GUTTERS. CURB AND GUTTER SHOULD EXTEND ALONG THE
TRACTOR TRAILER STORAGE AREA PARALLEL TO 17151 AVE. NW TO
SEPARATE THE GRAVEL AREAS FROM LANDSCAPED AREAS.
. LOCATION OF DUMPSTER AND ENCLOSURE
. LOCATION OF FUEL VAULT
. LOCATION OF MONUMENT SIGN
. LOCATION OF UTILITIES
. STRIPED PARKING WITH HANDICAP STALLS
. EXISTING RETAINING WALL TO THE NORTH OF THE BUILDING
. ANY PARKING LOT LIGHTING
THE LANDSCAPE PLAN SHALL INCLUDE:
. 32 OVERSTORY TREES WITH NOT MORE THAT 50% OF THE TREES
COMPRISED OF ONE SPECIES
. 16 EVERGREEN TREES
. 16 ORNAMENTAL TREES WITH NOT MORE THAT 50% OF THE TREES
COMPRISED OF ONE SPECIES
. IDENTIFICATION OF SODDED AND SEEDED AREAS
. IDENTIFICATION OF AREAS WITH UNDERGROUND IRRIGATION
INCLUDING THE LANDSCAPED AREA ALONG 17151 AVENUE.
COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED
6-0.
Request by Associated Developers of the Twin Cities, Inc. for Preliminary Plat (Elk
River Crossina), Public Hearina Case No. P 98-8
Request by Associated Developers of the Twin Cities, Inc. for Conditional Use
Permit, Public Hearinq Case No. CU 98-26
staff report by Scott Harlicker. Scott reviewed the revised plans for the Elk River
Crossing preliminary plat and conditional use permit requested by Associated
Developers of the Twin Cities, Inc. Scott also reviewed the issues which still need
to be addressed including the status of Crossing Avenue, median break on Tyler
Street, pedestrian accesses, design guidelines, lighting, landscaping, and EA W,
wetlands, drainage, grading and utilities issues.
Planning Commission Minutes
December 22. 1998
Page 6
Chair Mesich opened the public hearing.
.
Greg Frank of McCombs Frank Roos Associates, Inc., explained that he felt
Crossing A venue should be a public street as it enters the development so that
the immediate 4 sites can be accessed. He felt that there would be very little
thru-traffic through the remainder of the site and would be destination-oriented.
Chair Mesich asked Mr. Frank to explain where the sidewalks and trails would be.
Mr. Frank indicated that there would be a sidewalk along 3rd Street to Tyler, along
Tyler there would be a sidewalk on the west and a trail on the east, and on
County Road No. 12 the trail would switch to the north side at the residential
development.
Commissioner Chambers questioned if renditions of the home improvement
center and Wal-Mart were available. Mr. Tony Gleekel, attorney representing the
developer, indicated that he is still in negotiations with the prospective retailers
and that the design standards will be addressed in the PUD agreement. Mr.
Gleekel felt that the developer and staff will be able to agree upon a theme by
using architectural treatments and lighting that can tie in with the downtown.
Scott noted that the developer and staff will be looking for recommendations
from the Planning Commission regarding building materials, color, architectural
theme, lighting, etc.
Kathy Swanberg, P.O. Box 130, Becker, MN, indicated she owns property in
partnership with her father, Earl Hohlen, to the west of the proposed
development. She indicated that a portion of her property has been included in
the planning of this development without her knowledge. Ms. Swanberg
reviewed past events which indicate a discrepancy in the number of acres
included in the development, which needs to be resolved. She indicated she
strongly objects to the proposed project because of ownership issues and the
question of access to her property.
.
Scott Zirott, 128 Baldwin, resident of the mobile home park, stated that 3 or 4 of
the mobile home owners have not been paid off by the developer. Chair Mesich
stated that the residents should attend the City Council meeting on January
19the so that the matter can be discussed.
Stoffel Reitsma, 10860 County Road No. 12, questioned what the outlots were
going to be that are located towards Tyler. Terry Maurer, City Engineer,
explained that nothing will be done with the outlots at this time, but that they
may be used in the future in combination with Mr. Reitsma's property. Mr.
Reitsma indicated he did support the trail along County Road No. 12 switching
from one side to the other. Terry indicated that the trail can only be placed
where right of way is available and that ideally, in the future the trail will be
located on both sides of County Road No. 12.
Dana Anderson, Park & Recreation Commission Chair, indicated that the Park &
Recreation Commission discussed the location of the trail along County Road No.
12 and they felt the trail was better suited on the north side because of the
proposed residential development and location of Hillside Park. Mr. Anderson
also noted that the power line corridor located on the plat was previously
.
.
.
.
Planning Commission Minutes
December 22. 1998
Page 7
designated as a snowmobile trail connection by the Park & Recreation
Commission.
Discussion followed regarding Crossing A venue as a public street vs. a private
street. Terry Maurer indicated that access would be available to the Swanbergs
with either a public or private street.
Mr. Frank indicated that they are requesting the parking islands be approved as
requested because of future expansion plans. He felt the 30+ consecutive stalls is
a reasonable standard and compares to most cities. Mr. Frank cited the Eagan
Promenade commercial development as an example of a private street through
a development.
It was the consensus of the Commissioners to discuss design standards at a
workshop meeting.
There being no further comments from the public, Chair Mesich closed the public
hearing.
Further discussion followed regarding the status of Crossing Avenue. The
Commissioners felt the street should be either be entirely public or entirely private.
Mr. Gleekel indicated the design was based on what has worked in other
developments. He expressed concern that having private accesses within the
sites is redundant and will cause traffic to "bottleneck" when moving in and out
of the sites.
COMMISSIONER COTE MOVED TO RECOMMEND APPROVAL OF THE PRELIMINARY
PLAT AND CONDITIONAL USE PERMIT FOR THE ELK RIVER CROSSING PLANNED UNIT
DEVELOPMENT REQUESTED BY ASSOCIATED DEVELOPERS OF THE TWIN CITIES, INC.
WITH THE FOLLOWING CONDITIONS:
1. A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND
CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE
PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING.
2. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED PRIOR
TO RELEASING THE PLAT FOR RECORDING.
3. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE
COSTS OF PUBLIC IMPROVEMENTS.
4. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED
BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT
COSTS SHALL BE SUBMITTED TO THE CITY FOR A ONE YEAR PERIOD.
5. SURFACE WATER MANAGEMENT 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.
6. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE
PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING WITH
SHERBURNE COUNTY.
Planning Commission Minutes
December 22. 1998
Page 8
7. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE PLAT
AS REQUIRED BY THE CITY.
.
8. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED.
9. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO
COMMENCING WORK ON THE SITE.
10. RESTRICTIVE COVENANTS BE PUT IN. PLACE OVER THE WETLANDS, THESE SHALL BE
COMPLETED AND RECORDED WITH THE PLAT.
11. A BOND COVERING THE COST OF THE WETLAND MITIGATION IS REQUIRED AND
SHALL BE MADE PART OF THE DEVELOPERS AGREEMENT.
12. PAYMENT OF PARK DEDICATION FEES 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.
":::\
@ APPROPRIATE CROSS- ACCESS / CROSS PARKING EASEMENTS, INCLUDING
ACCESS EASEMENTS SOUTH OF LOT 5, SHALL BE APPROVED BY THE CITY AND
RECORDED WITH THE FINAL PLAT.
14. OUTLOTS A AND B SHALL BE DEEDED TO THE CITY.
15. A FINAL LANDSCAPE PLAN AND LIGHTING PLAN BE SUBMITTED AND APPROVED
BY THE CITY.
.
16. DESIGN GUIDELINES BE SUBMITTED AND APPROVED BY THE CITY.
17. THE PEDESTRIAN ACCESS BETWEEN THE WALMART AND HOME IMPROVEMENT
PARKING LOTS BE WIDENED TO 24 FEET.
18. THE SIDEWALK ALONG THE WEST SIDE OF CROSSING AVENUE BE EXTENDED TO
TYLER STREET.
19. THE TWO LOTS ON CROSSING AVENUES CLOSEST TO MAIN STREET HAVE A
SHARED DRIVEWAY.
20. NO ACCESS BE ALLOWED, EXCEPT FOR CROSSING A VENUE, ON TO MAIN STREET
OR 181sT AVENUE (COUNTY ROAD 12).
21. THE LANDSCAPE ISLANDS IN THE WALMART PARKING LOT BE MORE CENTRALLY
LOCATED AND ADDITIONAL LANDSCAPED ISLANDS SHALL BE PROVIDED TO THE
NORTH AND WEST.
22. A SIGN AGREEMENT OUTLINING THE LOCATION AND SIZE OF FREESTANDING
AND WALL SIGNS BE MADE PART OF THE PUD AGREEMENT.
23. A 10 FOOT PEDESTRIAN EASEMENT BE DEDICATED TO ALLOW FOR THE SIDEWALK
CONNECTION BETWEEN THIS PROJECT AND THE BUSINESS PARK TO THE SOUTH.
.
.
.
.
Planning Commission Minutes
December 22, 1998
Page 9
24. TRASH COMPACTOR/DUMPSTER ENCLOSURES THAT MATCH THE EXTERIOR
BUILDING MATERIAL AND COLOR BE PROVIDED FOR EACH BUILDING AND/OR
TENANT.
25. THE THRU-STREET, CROSSING STREET, SHALL BE EITHER COMPLETELY PRIVATE
OR COMPLETELY PUBLIC. IF A PUBLIC STREET, THE ACCESSES SHALL BE LIMITED
AS RECOMMENDED BY STAFF AND THE CITY ENGINEER.
26. THE DEVELOPER SHALL BE IN COMPLIANCE WITH THE CITY'S MOBILE HOME
ORDINANCE PRIOR TO FINAL PLAT APPROVAL.
COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED
6-0.
7.1 . Action taken on Plannina Items at the December 21, 1998 City Council Meetinq
Commissioner Schuster advised the Commissioners of action taken by the Council
on planning issues at the December 21, 1998, City Council meeting.
8. Adjournment
There being no further business, COMMISSIONER COTE MOVED TO ADJOURN THE
MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION
6-0.
The meeting of the Elk River Planning Commission adjourned at 9: 15 p.m.
Respectfully submitted,
fu.{'(L' Wt~
Debbie Huebner
Recording Secretary
.
.
.
Planning Commission Minutes
November 24. 1998
Page 4
6.4.
~.5.
6.6.
COMMISSIONER COTE SECONDED THE MOTION. THE MOTION CARRIED 5-1.
Commissioner Cote opposed.
COMMISSIONER KUESTER MOVED TO RECOMMEND APPROVAL OF ORDINANCE NO.
98--1 AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO
REZONE CERTAIN PROPERTY FROM R1 C (SINGLE FAMILY RESIDENTIAL) TO C4
(NEIGHBORHOOD COMMERCIAL), PUBLIC HEARING CASE NO. ZC 98-10, BASED ON
THE FOLLOWING FINDINGS:
1. THE REZONING IS CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN
DESIGNATION OF CC (COMMUNITY COMMERCIAL).
2. TIMES AND CONDITIONS HAVE CHANGED TO WARRANT THE DEVELOPMENT OF
THIS PROPERTY AS NEIGHBORHOOD COMMERCIAL.
3. THE PROPERTY IS ADJACENT TO A MINOR ARTERIAL WHICH CAN MEET THE
TRANSPORTATION NEEDS OF BUSINESSES ALLOWED UNDER THE C4 ZONING
DISTRICT.
4. THE PROPOSED C4 ZONING DISTRICT IS COMPATIBLE WITH THE ADJACENT
ZONING DISTRICTS.
5. THE PROPERTY IS WITHIN THE URBAN SERVICE AREA AND IS WITHIN CLOSE
PROXIMITY TO EXISTING SERVICES.
COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 5-1.
Commissioner Cote opposed.
Request by Associated Develooers of the Twin Cities. Inc. for Rezonina. Public
Hearing Case No. ZC 98-9
Request by Associated Develooers of the Twin Cities, Inc. for Preliminary Plat (Elk
River Crossinal. Public Hearina Case No. P 98-8
Request by Associated Develooers of the Twin Cities. Inc. for Conditional Use
Permit. Public Hearina Case No. CU 98-26
Staff report by Scott Harlicker. Associated Developers of the Twin Cities has
requested the following:
1. Rezoning 60.43 acres from C3 (Highway Commercial and R2b (Two family
Residential) to PUD (Planned Unit Development)
2. Preliminary plat of 60 .43 acres into 9 commercial lots and 2 outlots
3. A conditional use permit for a 60.43 acre commercial Planned Unit
Development
Scott explained changes made in the plat since the last Planning Commission
reviewed as follows: The building orientation of the Wal-Mart store has changed,
Planning Commission Minutes
November 24. 1998
Page 5
leaving the wetland area open; the right-in-right-out and the free-standing office
building has been eliminated; the city right-of-way for Crossing A venue ends at a
point and becomes a private access road; there is a median pedestrian access
through the middle of the site, a sidewalk is proposed off of Tyler to the home
improvement store. and connects with the business park property. Scott
indicated the number of lots in the preliminary plat have been reduced. 2 office
lots which incorporate the wetlands. and the freestanding sites along Highway
169. Scott indicated the grading plan has been changed to incorporate the
required 3: 1 slopes. Scott reviewed issues associated with the utilities, wetlands,
EAW. and landscaping plan. He recommended clustering some landscaping
along Highway 169. He suggested screening the back of the office building to
replace the stand of oaks. Scott explained the location of the pylon sign and
entry signs as indicated on the landscaping plan, noting that no other signage
information is available at this time. Scott requested that the applicant provide
the following:
.
-Show relocation of gasline easement
-Extension of the sidewalk on the south side of the street and connect with Tyler
-Realign sidewalk shown on plat so that it lines up with the access into the
Wal-Mart
-Include landscaped islands across the center of the parking area for both the
Wal-Mart and home improvement center lot, to break up the parking lot, control
traffic flow through the site and provide shade.
-Widen/enhance the landscape strip
-Provide elevations. parking calculations, signage, impervious surface
calculation
-Provide drainage and utility easements on the plat
-Provide information on uses at various points of the home improvement center
and Wal-Mart and impact on the UPA easement.
.
Scott indicated that since staff has not been given adequate time to review the
preliminary plat and conditional use permit, staff recommends postponing these
issues until the December 22 meeting. However, staff believes that the
requirements for the rezoning request have been met and recommends approval
of the rezoning request to PUD at this time.
Commissioner Chambers asked if there is a break in the landscaped island
between the two sites for vehicles to drive through. Scott stated that it would not
be possible to drive through.
Tony Gleekel, representing the applicant, Mathew Fischer, stated that he felt most
of the concerns expressed by the Planning Commission at the November meeting
have been addressed. Mr. Gleekel noted that the landscaping plan is a
conceptual plan and that each user will need to submit specific plans for their
site, as required in the PUD agreement.
Greg Frank, civil engineer for the project, explained the following changes to the
plans:
-right-in-right-out and corresponding lot have been eliminated
-accesses will be from 3rd A venue and future Tyler Street. and right-in-right-out
truck access in back of the home improvement site.
.
Planning Commission Minutes
November 24, 1998
Page 6
.
-3: 1 slopes have been met and the wetland has been preserved by separating
the Wal-Mart and home improvement sites
-ponding areas have been platted as lots
-pedestrian corridor from 3rd A venue is 20 foot wide with a 6 foot wide sidewalk.
-a common access is shown in the plat for Lot 1 and Lot 2
-tie-in point of Wal-Mart and the home improvement site will be toward the front
of the buildings
-a portion of the public street has been eliminated and will be a private access
into the parking lots.
Chair Mesich asked Mr. Frank to explain the route of the truck traffic. Mr. Frank
explained where the loading docks are located and how the trucks will move
through the site.
Mr. Frank indicated that a fenced garden center will be located within the UPA
easement and UPA has expressed approval for this type of use. Mr. Frank noted
that they also have received approval from Minnegasco to relocate the gas
pipeline and Minnesgasco will work jointly with the developer in the relocation
design.
Mr. Frank explained that 5 parking stalls per 1,000 sq. ft. are included in the plans
for the 204,000 sq. ft. Wal-Mart, and also 5 parking stalls per 1,000 sq. ft. for the
112,000 sq. ft. home improvement center. He noted that the same number of
parking stalls are shown for retail sites A & B (5 per 1,000 s.f.).
.
Commissioner Kuester asked where the gas pipeline will be relocated. Mr. Frank
explained the tentative alignment and noted that a final determination will be
made by Minnegasco. Commissioner Kuester questioned if they plan to have
one pylon sign for the PUD. Mr. Gleekel indicated they would like to have more
than one pylon sign; one identifying "Elk River Crossing" and one identifying the
two "big box" retailers.
Commissioner Cote questioned why a median is shown for the truck traffic
access. Mr. Frank indicated that it was an error and the access will be a right-in-
right-out only.
Commissioner Kuester asked where the access points would be for the other sites.
Mr. Frank indicated those access points have not yet been determined. Mr.
Gleekel indicated their engineers will work with city staff to determine general
locations of the access points.
Chair Mesich opened the public hearing for the three requests. There being no
comments from the public, Chair Mesich closed the public fQr the rezoning
request.
.
COMMISSIONER KUESTER MOVED TO CONTINUE THE PUBLIC HEARING FOR THE
PRELIMINARY PLAT AND CONDITIONAL USE PERMIT REQUESTED BY ASSOCIATED
DEVELOPERS OF THE TWIN CITIES, INC. TO THE DECEMBER 22, 1998, PLANNING
COMMISSION MEETING. COMMISSIONER COTE SECONDED THE MOTION. THE
MOTION CARRIED 6-0.
Planning Commission Minutes
November 24. 1998
Page 7
Commissioner Cote questioned if the property to the west was included in the
development discussions. Peter Beck indicated the applicant does not have
ownership of this property and it is not included in the plans.
.
Chair Mesich asked for clarification on the drainage plan. Mr. Frank explained
the drainage plan and stated that all the storm water vvill be collected in a
sedimentation pond before going into an existing wetland or the mitigation areas
as shown on the plans in blue. He felt the hydrology of the site will be improved
as :.l result of the mitigation.
Commissioner Cote indicated he did not have a problem with the plans and
supported the rezoning.
Peter Beck explained that the city has approved rezoning requests prior to
approval of the preliminary plat and conditional use permit for projects.
Commissioner Cote expressed his approval of the changes made in the wetlands
and building orientation of the two large retail sites. He expressed some concern
for the private street and the access. and he indicated that he would like to see
the parkway between the two developments widened. He expressed support
proof of parking needs. Commissioner Cote indicated he also supported the
extension of the sidewalk along Crossing Avenue. and the sidewalk connection to
the business park.
Commissioner Kuester indicated she supported widening of the walkway
between the two sites and also has some concerns about the traffic flow through
the sites.
.
Commissioner Cote indicated that he felt the opportunity for extension of the
city's streetscape theme would be lost if the public street ends and becomes
private. Chair Mesich agreed that the aesthetics would be lost. He supported
the continuation of the sidewalk.
Commissioner Chambers provided the developers with photos demonstrating
how a streetscape can be incorporated into a development.
Chair Mesich felt it would be difficult to blend a particular theme with the sites
being separated. Commissioner Chambers questioned the developers whether
or not the large users would be willing to incorporate an architectural theme. Mr.
Gleekel indicated the city will have some control on this issue and that covenants
can be used. He felt that there are architectural treatments available which can
be used to tie the look of the buildings together.
Mr. Gleekel indicated that landscaping and lighting can be used to tie into a
streetscape. He felt this issue could be discussed further at the December 22nd
Planning Commission meeting. He noted that Wal-Mart does has 4 -5 renditions
of their building. so there may some flexibility in meeting the city's concerns. Mr.
Gleekel indicated they will be working with staff to discuss what the ordinance
requires and possible covenants.
.
Planning Commission Minutes
November 24. 1998
Page 8
.
Peter Beck indicated that if the plans were complete for the two large users, their
conditional use permits could be approved as part of the approval of the overall
project.
COMMISSIONER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY
ASSOCIATED DEVELOPERS OF THE TWIN CITIES FOR A REZONING FROM C3
(HIGHWAY COMMERCIAL) AND R2B (TWO FAMILY RESIDENTIAL) TO PUD (PLANNED
UNIT DEVELOPMENT), BASED ON THE FOLLOWING FINDINGS:
1. THE PROPOSED REZONING COMPLIES WITH THE REGULATIONS SET FORTH IN
SECTION 900.12(17).
2. THE REZONING IS CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN
DESIGNATION OF HC (HIGHWAY COMMERCIAL).
3. TIMES AND CONDITIONS HAVE CHANGED TO WARRANT THE DEVELOPMENT OF
THIS PROPERTY AS A PUD.
4. THE PROPOSED PUD ZONING IS COMPATIBLE WITH THE ADJACENT ZONING
DISTRICTS.
5. THE PROPERTY IS WITHIN THE URBAN SERVICE AREA AND IS ABLE TO BE SERVICED
BY MUNICIPAL SEWER AND WATER.
COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 6-0
.
COMMISSIONER COTE MOVED TO POSPONE THE REQUEST BY ASSOCIATED
DEVELOPERS OF THE TWIN CITIES, INC. FOR PRELIMINARY PLAT (CASE NO. P 98-8)
AND CONDITIONAL USE PERMIT (CASE NO. CU 98-26), TO THE DECEMBER 21, 1998,
PLANNING COMMISSION MEETING. COMMISSIONER MORRIS SECONDED THE
MOTION. THE MOTION CARRIED 6-0.
6.7.
Reauest by Amcon for Preliminary Plat (Elk River Business Park. L.L.C.l. Public
Hearina Case No. P 98-7
Staff report by Scott Harlicker. Amcon has requested preliminary plat approval to
subdivide 40 acres into 7 lots (Elk River Business Park). Scott recommended that a
sidewalk be installed with a connection to the retail development to the north.
He indicated the easements need to be shown on the plat and that access to
the property to the west should be included as part of this plat. Scott noted that
a wetland mitigation plan has not yet been received. but Terry Maurer did not
anticipate the layout of plat will change significantly. Also, the City Engineer
requested that the grading plan be approved prior to final plat. Scott explained
that the County Ditch shown on the plat will likely be abandoned when city
sewer and water are extended.. staff recommends approval of the request with
the conditions outlined in the staff report.
.
Discussion followed regarding location of the easements. parking. and access
issues. Peter Beck stated that the applicant is being required to provide a private
easement for access to the property to the west. Commissioner Kuester asked
where the sidewalk would be located. Scott indicated the exact location is not
known at this time. Peter Beck suggested that a condition be included that the
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. RA ~ "2/476-ltJItJ
_ 112/47f-8532
-=.-:: c-_ ..-........
ASSOCIATES
Conceptual Landscape Plan Elk RIver Crossing
8k River, MN
pIIllIlI:81:l/m~
III: 81:l/m-1010
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.
SECTION 1010,04. NOTICE OF CLOSING.
If a manufactured home park is to be closed, converted in whole or pan to another use or
tenninated as a use of the propeny, the park owner shall, at least nine (9) months prior to the closure,
conversion to another use or termination of use, provide a copy of a closure statement to a resident
of each manufactured home and to the City's Planning Commission.
"6t
SECTION 1010.06. NOTICE OF PUBLIC HEARING.
The Planning Commission shall submit the closure statement to the City Council and request
the City Council to schedule a public hearing. The City shall mail a notice at least ten (10) days prior
to the public hearing to a resident of each manufactured home in the park stating the time, place and
purpose of the hearing. The park owner shall provide the City with a list of the names and addresses
of at least one resident of each manufactured home in the park at the time the closure statement is
submined to the Planning Commission.
SECTION 1010.08" PUBLIC HEARING.
A public hearing shall be held before the City Council for the purpose of reviewing the closure
statement and evaluating what impact the park closing may have on the displaced residents and the
park owner.
. ,SECTION 1010 10, PAYMENT OF RELOCATION COSTS.
(A) After service of the closure statement by the park owner and upon submittal by the displaced
resident of a contract or other verification of relocation expenses, the park owner shall pay
to the displaced resident the reasonable cost of relocating the manufactured home to another
manufactured home park located within a 25-mile radius of the park that is being closed,
converted to another use, or ceasing operation. Reasonable relocation costs shall include:
(1)
The actual expenses incurred in moving the displaced resident's manufactured home
and personal property, including the reasonable cost of dissembling, moving and
reassembling any attached appurtenances, such as porches, decks, skirting and
awnings, which were not acquired after notice of closure or conversion of the park,
and utility "hook;'up" charges.
(2)
The cost of insurance for the replacement value of the property being moved.
~)
The cost of repairs or modifications that are required in order to take down, move,
and set up the manufactured home.
(B)
Ifa resident cannot relocate the manufactured home within a 25-mile radius of the park which
is being closed or some other agreed upon distance, and the resident elects not to tender title
to the manufactured home, the resident is entitled to relocation costs based upon an average
of relocation costs awarded to other residents in the park.
.
SE'tD 508417.2 ",<( r" t-
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A displaced resident compensated under this section shall retain title to the manufactured
home and shall be responsible for its prompt removal from the manufactured home park.
The park owner shall make the payments under this section directly to the person performing
the relocation services after performance thereof, or, upon submission of written evidence of
payment of relocation costs by a displaced resident, shall reimburse the displaced resident for
such costs.
.J(!
(E) The displaced resident must submit a contract or other verified cost estimate for relocating
the manufactured home to the park owner as a condition to the park owner's liability to pay
relocation expenses.
SECTION 1010.12. PA YMENT OF ADDTTIONAJ. COIv1PENSATION.
!fa resident cannot relocate the manufactured home within a 25-mile radius of the park that
is being closed or some other agreed upon distance and tenders title to the manufactured home, the
resident is entitled to additional compensation to be paid by the purchaser of the park in order to .
mitigate the adverse financial impact of the park closing. In such instance, the additional
compensation shall be in an amount equal to the estimated marker value of the manufactured home
as determined by an independent appraiser experienced in mobile home appraisal approved by
the City Administrator. The purchaser shall pay the cost of the appraisal. The purchaser shall
pay such compensation into an escrow account, established by the park owner, for distribution upon
transfer oftitie to the home. Such compensation shall be paid to the displaced residents no later than
the earlier of thirty (30) days prior to the closing of the park or its conversion to another use.
e.
SECTION 1010 14 PENALTY.
(A) Violation of any provision of this Section shall be a misdemeanor.
(B) Any provisions of this Section may be enforced by injunction or other appropriate civil
remedy.
(C) The City shall not issue a building permit in conjunction with reuse of manufactured home
park property unless the park owner has paid reasonable location costs and the purchaser of
the park has provided additional compensation in accordance with the requirements of this
Section. Approval of any application for rezoning, platting, conditional use permit, planned
unit development or variance in conjunction with a park closing or conversion shall be
conditional on compliance with the requirements of this Chapter.
SECTION 1010 16. EFFECTIVE DATE.
This ordinance shall be effective upon publication.
.
SEUED 50g417.1
3
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