The URL can be used to link to this page

3 PCSR 06-10-1993 rk./ tJy of TO: PLANNING COMMISSION 1kRiverFROM: STEPHEN ROHLF, B & Z ADMINISTRATOR . DATE : JUNE 4 , 1993 SUBJECT: ZONE CHANGE REQUEST BY JOHN WEICHT AND ASSOCIATES/PUBLIC HEARING APPLICANTS John Weicht and Associates in cooperation with Elk River Associated Investors and the following property owners : Clara Chouinard, Dennis and Lori Anderson, Rita and Robert Walz, and Betty Munich. REQUESTED ACTION A zone change from R-2b Townhouse District, to PUD. The applicants are also requesting that the underlying land use for this property be amended to HB, Highway Business . The current land use designation on this property is MR, Medium Density Residential . • LEGAL DESCRIPTION The affected properties are all situated in the southeast quarter of the southwest quarter of Section 27, Township 33, Range 26, lying east of Jackson Road. The actual legal descriptions are quite long and cumbersome, but can be made available upon request. The affected properties are the four single-family houses shown in the southwest corner of the Elk Park Center site plan. The yards of these four single-family houses extend into the proposed Menards Lumberyard area. ZONE CHANGE The City' s policy now dictates that the a site plan accompanies a zone change to PUD. The Elk Park Center site plan has been provided in this packet, which includes the property in question with this zone change. Apparently, the four single-family homes are proposed to be owned by the developer and left as single-family homes to help buffer the project from adjacent property owners . If this is the case, the Planning Commission may wish to consider not changing the land use on the west half of the lots in question where the single-family homes are situated. RECOMMENDATION • Staff will elaborate more on this zone change request and provide a recommendation at Thursday night ' s meeting. P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 \i0/4 of ty, River TO: PLANNING COMMISSION FROM: STEPHEN ROHLF, BUILDING & ZONING ADMINISTRATOR DATE: JUNE 4, 1993 ,)r. SUBJECT: PRELIMINARY PLAT AND CONDITIONAL USE PERMIT FOR ELK PARK CENTER BY JOHN WEICHT & ASSOCIATES, ELK RIVER ASSOCIATES, AND VARIOUS PROPERTY OWNERS/PUBLIC HEARING CASE NO. P 93-07 AND V 93-04 OVERVIEW Elk Park Center, originally "Elk Park Center West, " is the proposed site of Cub Foods, Wal-Mart, Menards, and various smaller businesses . The total square footage of building proposed in this site is 477,885 sq ft. The total acreage of this site is approximately 50 acres . Other site information can be found on the attached site plan. PAST APPROVALS • Past approvals related to this project include the following: 1 . A zone change on the northern portion of the 50 acre site from R2b to PUD, was approved by the City Council on September 23, 1991 . The land use map was also approved to be changed to Highway Business at this same Council meeting. This zone change was applied for by John Weicht & Associates and the six property owners affected. 2 . A zone change for the southern portion of the project from R2b and C3 to PUD. The applicants for this zone change request were John Weicht, Midwest Commercial Brokerage, with the consent of Arlis Cristek and Bill Dickenson, property owners . This zone change was approved on June 15, 1992 . At that time, the land use map was also amended to reflect Highway Business . 3 . Preliminary plat and conditional use permit for this project was first considered by the Planning Commission on August 25, 1992 . The issue was tabled for lack of information. Copies of minutes and past memos for the aforementioned items are available upon request. Staff will have copies available at the June 10, 1993, meeting for Planning Commission review. • P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Elk Park Center Project Page 2 June 4 , 1993 • PLANNING COMMISSION CONSIDERATION The Planning Commission will be reviewing the preliminary plat of Elk Park Center, a conditional use permit for the development of the PUD, and a zone change for the property in the southwest corner of the proposed project. Staff will prepare a separate memo on the zone change request. PAST MATERIALS SUPPLIED The Planning Commission has been supplied with a site plan, building elevations for the major tenants, a landscaping plan, a proposed preliminary plat, a grading and drainage plan, a site lighting plan, and a proposed utility plan. The site plan, grading and drainage plan, utilities plan, and preliminary plan have been revised. New copies are included with this memo. The Planning Commission has also been supplied with the Environmental Assessment Worksheet and traffic study for the project, as well as a feasibility study for the extension of services for the entire undeveloped corridor of Highway 169 . NEW MATERIALS INCLUDED WITH MEMO • A revised site plan, grading and drainage plan, and utility plan are included as well as a revised preliminary plat. Also included are the following: 1 . The comments staff received regarding the Environmental Assessment Worksheet, which includes comments of concern by the "Citizens Who Care" group. 2 . The minutes from the February 3, 1993, Park and Recreation Committee meeting when they gave a recommendation on pedestrian ways and parks for the project. 3 . Comments from Michael Sheilds, of AKR (the developer' s architect) responding to concerns raised by Bill Weber, Planning Consultant for the City. 4 . A letter from the Elk River Chamber regarding the project. 5 . A letter from David Shay, Attorney for the Elk River Mall regarding the status of the lease agreement between Hagen' s Food and the Elk River Mall . All the above referenced items should be added to the public • record. A petition from the "Citizen' s Who Care" raising concerns with the project has already been added to the public record at the April 25, 1992 , Planning Commission meeting. Elk Park Center Project Page 3 June 4, 1993 • Lastly, a memo from Terry Maurer, City Engineer, dated June 4, 1993, and Bill Weber, Planning Consultant, dated June 4, 1993, regarding their review of this project are attached. Terry Maurer' s and Bill Weber' s memos addressed most of staff ' s issues regarding this project, however, there are a few additional points that should be elaborated on. SPECIFIC SITE PLAN APPROVALS Staff is recommending the Planning Commission and City Council review the site plans for each building prior to construction. This approval is beyond the overall review of this PUD. The developers would like the specific site plan approval for buildings A-E . Staff is recommending more detail such as spot elevations for the parking lots, dumpster locations, location and type of screen for mechanical equipment, sign detail, revised lighting plan, revised landscaping plan, etc . , be provided prior to the Planning Commission considering these specific site plan reviews . USES Staff is recommending that the type of uses listed on the site plan be incorporated in the PUD Agreement not specific • tenants . If alternative uses are requested later, it would take an amendment to this PUD agreement. The Planning Commission should also consider if there are uses that do not belong in this location and should be specifically spelled out as prohibited. This is especially important for the spaces to have that open-ended designation such as lease space or retail space. The Planning Commission should specifically consider open storage and screen storage. RECOMMENDATION Staff is recommending that the Planning Commission' s recommend this project is tabled until the information lacking and revisions recommended in Mr. Maurer' s memo and in Mr. Weber' s memo are accomplished. However, the Planning Commission should open the public hearing, take testimony and then continue it until a meeting to be advertised. Staff feels that to address the accumulative effects of the many issues raised, it may require a reduction in the total square footage of buildings in this project. 410 ' ,ry ^r+= February 15, 1993 Steve Rohlf, Building and Zoning Administrator City of Elk River 720 Dodge Avenue Elk River, MN 55330 RE : Environmental Assessment Worksheet (EAW) for Elk Park Center Dear Mr . Rohlf : This letter acknowledges receipt of the EAW for the above-named project . The Environmental Review Program rules (at Minnesota Rules, part 4410 . 1500, item B) require that a press release containing notice of the EAW availability be provided to at least one newspaper of general circulation within the area and that copies of the EAW be distributed to all points on the EQB distribution list. We presume that these requirements have been met. Notice of the EAW availability will be published in the EQB • Monitor on February 15, 1993 . The 30-day comment period will begin on that day and will expire on March 17, 1993 . Pursuant to Minnesota Rules, part 4410 . 3100, subpart 1 , no final governmental decision to grant a permit, approve the project, or begin the project may be made until a negative declaration or EIS adequacy determination has been made. Please contact me if any questions arise about the Environmental Review process . My phone number is ( 612 ) 296-8253, or you may call toll-free by dialing 1-800-657-3794 . Sincerely, Gregg M. Downing Environmental Review Coordinator cc : Scott Erickson, Lynn Caswell • ENYIRONMENIAE QUALITY BOARD 858 6f0AR SIKH, Si. PAUL, MN 55155 612 296-2603 FAX 612 296-3696 SiAff PROYIQEO BY III PLANNING �1VIt D BAR 1 bx ��nn��STATEnnUVEOF UVJOO irL.a DEPARTMENT OF NATURAL RESOURCES • 500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55155-40 10 DNR INFORMATION (612) 296-6157 March 15, 1993 Stephen Rohlf Elk River Building & Zoning Administrator 720 Dodge Avenue Elk River, MN 55330 RE: Elk Park Center Environmental Assessment Worksheet (EAW) Dear Mr. Rohlf: The Department of Natural Resources (DNR) has reviewed the EAW for the Elk Park Center project. We offer the following comments for your consideration. Item l lb should have indicated that the Natural Heritage Program has identified a significant natural mixed oak forest community in the NE 1/4 section 27, T33N, R26W, which is within one mile of the Elk Park Center project. We have attached a copy of an earlier correspondence with the Natural Heritage Program for your information. Item 12 states, "A portion of the storm water will be routed east...to wetlands which are proposed • to be designated as a city storm water ditch system." The unrestricted and untreated discharge of stormwaters into a natural wetland is generally opposed by the DNR. This use of wetlands as a stormwater treatment pond is not advised and we recommend the construction of on-site sedimentation ponds (with skimmers where needed) for stormwater treatment and retention. The use of natural wetland systems to treat urban runoff degrades and eventually destroys valuable wetland habitat through sedimentation, contamination, and increased nutrient loading. We will review this aspect of the project during the federal permitting process and we will likely recommend denial of the use of protected wetlands for this purpose. Item 12 also states, "The water surface elevation of the wetlands east of the site will be temporarily raised approximately 5.5 feet by the runoff of the project during a 100-year storm (event)." The information provided in Item 12 is insufficient to determine the overall project impacts to the wetland in question. The EAW should include an evaluation of expected changes in water surface elevations for 1, 5, and 10-year storm events to allow a more accurate appraisal of project impacts. The developer should be required to construct properly sized sediment basins and retention ponds to prevent the 5.5 foot "bounce"which is expected to occur for large scale events. Large fluctuations in water levels negatively impact nesting birds and permanent changes in the water level regime can change the character of vegetation found in wetlands to the detriment of the existing natural community. The proposed project could benefit, harm, or have minimal effects on the wetland in question and further information is required to make this determination. The appropriate erosion control Best Management Practices (BMPs) should be followed during construction activity. Every effort should be taken to minimize sedimentation and erosion during construction. Proper silt fences and floating silt curtains should be used during construction and • for 72 hours after construction activity ceases. We also recommend the mulching and seeding of all disturbed areas within 72 hours of project completion; the AN EQUAL OPPORTUNITY EMPLOYER • y Stephen Rohlf - Page 2 • revegetation of disturbed areas should include the plantingof native trees, woodyshrubs, and g grasses where possible. Wetland impacts associated with this project must be fully addressed for both the wetland in question and water management purposes. The information provided indicates further development is expected in this watershed and the project may require mitigation under the Wetlands Conservation Act. The EAW should address these issues as well as those mentioned above. We recommend that decision on the need for further environmental review be postponed for 30 days as provided by Minnesota Rules 4410.1700, subpart 2a(B), to collect the necessary information. It may also be possible to provide the needed information during the record of decision process in your responses to comments made on this EAW. No matter which outcome unfolds, we request the opportunity to review any future information gathered in this regard. Thank you for the opportunity to review this document. We look forward to receiving your record of decision and responses to our comments. Minnesota Rules part 4410.1700, subparts 4 & 5, requires you to send us your Record Of Decision within five days of deciding this action. Please contact Don Buckhout of my staff, at (612) 296-8212, if you have any questions regarding this letter. Sincerely, • Thomas W. Balcom, Supervisor Natural Resources Planning and Review Section Office of Planning c: Bob Hance Steve Colvin Tom Lutgen Bonita Eliason Lynn M. Lewis, USFWS Gregg Downing, EQB Scott Erickson, Nu-Western Development Company #930146-01 ER7.ELKPARK.DOC 410 john Oliver & Associates, Inc. Civil Engineering •Land Surveying 580 Dodge Avenue, Elk River,MN 55330 Land Planning (612)441-2072 • Fax:441-5665 April 27, 1993 Steve Rohlf Building and Zoning Administrator City of Elk River something address Elk River, MN 55330 Re: Environmental Assessment Worksheet (EAW) for Elk Park Center We have prepared the following responses to the comments received for the above referenced project. If you have any questions concerning these responses feel free to give us a call. Minnesota Department of Natural Resources,Thomas Balcolm Mr. Balcolm comments on item 11b,That there is a significant mixed oak forest within one mile of the project that should be mentioned in the EAW. At the time of writing the mixed oak forest to which he has referred had been partially clear cut and partially developed. . Mr.Balcolm stated concern over the release of untreated water into a natural wetland system from the proposed project. As a result of his comment and concerns by the city engineer a system of skimmer and sedimentation basins will be created. This system will completely retain a 2" rainfall on the site. These sedimentation ponds will incorporate skimmers in the design. He also raises concerns over the volume of runoff going to the wetland. He states that a rise of 5.5 feet in the wetland area is unacceptable. The EAW did not state the impact for the creation of this site correctly. The impact of the entire tributary area to the site after full development is 5.5 feet for a one hundred year storm. After discussions with the City Engineer sedimentation/water quality ponds will be used throughout the site to retain the first 2" of runoff. The impact from the subject project itself for a 100 year storm is 1.5 feet. The following table provides an estimate of the impacts created from the proposed development. STORM EVENT IMPACT (year) (ft) 1 0 2 0 5 0.06 10 034 100 0.85 In addition the City Engineer is looking at providing an outlet from this wetland to mitigate the impact of the runoff to this wetland from a fully developed tributary area. Erosion control shall be implemented according to the MPCA Best Management Practices manual. The city will require that such practices be followed. • Minnesota Department of Natural Resources.Bonita Elison • Ms. Elisons concerns are addressed above concerning the mixed oak forest. Citizens Who Care.Rolf Andre Mr.Andre states that the project is incompatible with the cities comprehensive plan. We believe that the project is compatible with the cities comprehensive plan. The area is currently zoned B-3, Highway commercial. This project will has requested that the project be rezoned to a commercial PUD. This does not change the use for which the current zoning has reserved the site. Mr.Andre discusses the need for the ISP to be completed before construction commences. We agree. Mr.Andre states that MNDOT has stated unofficially that the project will cause gridlock in the area. The City Engineer in conducting a traffic study identified concerns about the traffic surrounding the site. He has also identified the necessary mitigation measures to allow traffic to flow freely. The project will incorporate the cities traffic recommendations. Corps of Engineers.Ben Wopat Mr. Wopat states that a 404 permit may be required. At the appropriate time a submittal will be made to the Corps of Engineers for such a permit. Minnesota Pollution Control Agency. Paul Hoff Mr. Hoff states that the EAW does not provide adequate information to evaluate noise and air quality issues. III The Indirect Source Permit (ISP) application submitted to the agency does however. This permit application has or soon will be submitted to the agency for their approval for this project. Mr. Hoff states that the improvements stated in the EAW for the improvement of traffic conditions will need to be required to have binding commitments for construction before the ISP is issued. The city will be constructing these improvements as part of the developers agreement and improvement project. Mr. Hoff other comments concerning water quality have been addressed above. Minnesota Department of Health.Judith Ball Ms. Ball expresses concern about the possibility of some surficial aquifer wells used for potable water being affected by dewatering during construction. Potable water is supplied by the municipal water distribution system in the surrounding area. Sincerely, J n Oliver & Associates Bogart, P.E. 111 •_ ti • Cvv.t ZENS O ARE March 15, 1993 City of Elk River Steve Rohlf Building & Zoning Administrator 720 Dodge Avenue Elk River, MN 55340 RE: Environmental Assessment Worksheet for Elk Park Center,Elk River, MN A review of the aforementioned document provides some concern relative to the complete- ness and accuracy of the worksheet. Several items in the EAW appear to not be in compli- ance with conditions stipulated in the Zoning Ordinance of the City of Elk River, Section 900.42 - Conditional Use Permits. Also, there are various items within the worksheet that are not in agreement with other City documents. 1. The Zoning Ordinance requires the use under 900.42, 4.ii.: "Will be consistent with the comprehensive plan." • The EAW states in #28 - "The project is compatible with Elk River's comprehensive • plan." However, a review of the City of Elk River, Focus Area Studies, July 1990, by BRW, Inc. presents a different plan. The area under review for the Elk Park Center is identified as Focus Area "B" in the Focus Area Studies. On page 68, under the Focus Area "B" land use and circulation plan heading, the study states: "Subarea B-3 (west of Highway 169) would include approximately 28 acres for commercial development along an extension of Freeport Avenue, multiple-family housing, single-family and the existing water tower." Also, the City of Elk River Zoning Map, revised March, 1992, shows a mixture of commercial, multi-family, and single-family as described in the Focus Area Studies. The proposed Elk Park Center is showing 50 acres dedicated to commercial develop- ment which is not in agreement with the two mentioned City documents. If the area in question has been rezoned to reflect all commercial development, then it is requested that the rezoning process be reviewed to insure that proper procedures were followed and notification of affected property owners was accomplished. Also,if the area has been rezoned,the changes should be reflected in the official City documents mentioned above. • 1 � 2. The Zoning Ordinance requires the use under 900.42,4.iv.: "Will be served adequately • by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage,refuse disposal, water and sewer system. parks and schools; and will not, in particular,create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares." Also, under 900.42, 4.v: "Will not involve uses, activities,processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations." In#23, the EAW requires an Indirect Source Permit. The ISP should be completed and reviewed before any work begins on this proposed project. As the EAW states in #32 - "The critical issue of this development is the traffic increase." An unofficial review of the referenced Traffic Study by an MnDOT traffic engineer indicates that this area will suffer "gridlock" do to the inability to handle the increased traffic even with the suggested improvements mentioned in the Traffic Study. With the proximity of schools to this proposed project, it is imperative that the Indirect Source Permit be completed and that the Traffic Study and recommendations be further reviewed. 3. Considering the impact on the proposed area due to water drainage, traffic, noise, and pollution, and the proximity of schools and residential areas, it is strongly requested that an Environmental Impact Study be completed before any construction activity is allowed. • It is further recommended that the City prohibit the clearing on this property of trees, brush,and other natural landscaping until all issues relating to this proposed development are resolved. Sincerely, p Ci ' 40... o Care • i Celebration 2, 1 EC1ivko MAR 29 1993 4,¢ V Minnesota Pollution Control Agency • Celebrating our 25th anniversary and the 20th anniversary of the Clean Water Act March 19, 1993 Steve Rohlf City of Elk River 720 Dodge Avenue Elk River, Minnesota 55330 Dear Mr. Rohlf: RE: Elk Park Center Environmental Assessment Worksheet The Minnesota Pollution Control Agency (MPCA) staff has completed a review of the above-referenced project. Relative to those areas for which the MPCA has jurisdiction, the staff does not believe the project has the potential for adverse environmental impacts and therefore, does not recommend the preparation of an Environmental Impact Statement (EIS). However, the staff does have the following comments on the project: • Air Quality Although a traffic study was done, the Environmental Assessment Worksheet (EAW) does not contain the air quality and noise information needed for an adequate evaluation of the project. 1. An analysis of carbon monoxide ambient air quality with and without the project for current and projected years is not given for the critical intersection(s) for the project. Both the EAW and the Indirect Source Permit (ISP) should contain this information. 2. In addition, worst case noise levels are not evaluated. Both the EAW and the ISP should contain this analysis. 3. The staff wishes to note that certain geometric improvements, including traffic signal installations, were assumed in the traffic impact study as viable improvements that would assist in providing acceptable traffic operation to the the Elk River Center. As such, traffic assignments, future conditions, and traffic volumes, as well as capacity calculations were based on the premise that improvements to these roadways were completed and were operating as functional facilities. Legally binding commitments for funding the assumed improvements would be needed before an ISP is issued in final form. • TDD: 297-5353 or, for Greater Minnesota, TDD: 1-800-627-3529 Printed on recycled paper containing at least 15% fibers from paper recycled by consumers 520 Lafayette Rd.; St. Paul, MN 55155-3898; (612)296-6300; Regional Offices: Duluth•Brainerd•Detroit Lakes•Marshall•Rochester Equal Opportunity Employer•Printed on Recycled Paper Steve Rohlf • Page 2 Water Quality 1. Item 17 indicates that measures will be taken to prevent erosion and sedimentation. We recommend that an erosion/sedimentation plan be specifically developed for the site including the following items to prevent sediment runoff by: 1) keeping exposed soil to a minimum; 2) using sediment barriers such as straw bales and fabric barriers in all drainage channels; 3) constructing a runoff collection ditch and sediment pond; and 4) mulching and seeding appropriate areas after construction. A system for routine inspection of the erosion control devices should be developed and include an inspection regime for after storm events. Erosion devices that have failed or have been displaced should be re-established or re-evaluated for a more appropriate device after failure is discovered. 2. The EAW indicates that 100 square feet of wetlands will be filled as part of this project. This acreage, though perhaps not extensive, should still be evaluated in accordance with an alternative to avoid this area if possible. A sequenced action to avoid, minimize, and mitigate should be demonstrated by the applicant to have been accomplished in order to concur that the taking and loss of wetlands is the only alternative. • 3. Item 18 indicates that sedimentation ponds with skimmers will be constructed along the project to handle the storm water. We are very supportive of this proposal for treatment of storm water. The EAW also indicates that 50 percent of the storm water will be routed from the ponds east under Highway 169 through an existing culvert to a series of wetlands on the east side of the highway. As a result the surface water elevation will be temporarily raised approximately 5.5 feet during a 100 year storm. An increase of greater than one foot in surface water elevation is considered to negatively impact a wetland. For this reason the impact wetlands must be mitigated. Thank you for the opportunity to review this EAW. We regret that our comments will be received after the close of the comment period. If you have any questions, please do not hesitate to contact Meri K. Nielsen of my staff at 612/297-1766. Sincerely, 4)6dr%001..- i4111:7°.' Paul Hoff, Director Environmental Analysis Office Administrative Services Division PH:pnk • 1 RECEIVED MAR 04 1993 DEPARTMENT OF THE ARMY F r/�, \fin\ ST.PAUL DISTRICT,CORPS OF ENGINEERS wl '. et o:z:' .yl 180 E.KELLOGG BLVD.,ROOM 1421 4.' SLP MIN ES A 51091973 march-:',1111i:'.. /,,7�• ` L. REPLY TO Construction-Operations Regulatory (93-02310-SF-GAE) Mr. Scott Erickson Nu-Western Development Company 6489 City West Parkway Eden Prairie, Minnesota 55344 Dear Mr. Erickson: We have reviewed the information provided us about a project proposed by Nu-Western Development Company to grade and fill isolated wetland basin(s) to facilitate commercial development (Elk Park Center) at a site located in the S 1/2 Section 27, T. 33 N. , R. 26 W. , of Sherburne County, at Elk River, Minnesota. We believe that a Department of the Army permit may be required for this proposed commercial development because of the proximity of the project to a wetland basin(s) located in the area and its potential to have an adverse impact on this wetland resource. Enclosed are application materials. The orange booklet (EP-1145-2-1) gives background information about our program III and instructions for preparing the application. Because we must notify certain other agencies about your project and provide them a reasonable opportunity to comment, our review for most projects may take at least 90 days. You can help expedite this procedure if you -- * Fill out the application completely and specifically. Please note the instructions on pages 10 and 11 of the orange booklet. * Send accurate drawings, including smaller 8 1/2 by 11 inch copies for our public notice, illustrating the wetland areas to be filled and/or altered for the proposed project. See the check list on pages 14 and 15 and the examples on pages 16 and 17 of the booklet. Following these examples will help ensure that the drawings will be accurate and usable. * Describe any and all alternatives to the project as planned that have been considered. This consideration should include other potential sites and other methods of accomplishing the proposed activity. Federal laws and guidelines often prevent issuance of permits when there are less environmentally damaging alternatives available. For instance, if the project involves placing fill in a waterbody or wetland, there may be alternatives available that would accomplish the project purpose but would not require filling, or would not require as much fill in as large an area. • If your project would include any temporary placement of excavated or • fill material into a waterbody or wetland, you may need authorization for that work. Be sure to include that information in your permit application. Also, • you may need State, County, and/or city permits for this project. If you have any questions, please call Gary Elftmann of this office at (612) 220-0355. Sincerely, 41-1-41 474i 't---tL /4-4— Ben Wopat Chief, Regulatory Branch Construction-Operations Division Enclosures Copy furnished: Mr. Steve Rohlf " City of Elk River 720 Dodge Avenue Elk River, Minnesota 55330 Ms. Lynn Caswell John Oliver and Associates, Inc. 580 Dodge Avenue Elk River, Minnesota 55330 • • STATE OF • DEPARTMENT OF NATURAL RESOURCES 500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55155-40 07 DNR INFORMATION (612) 296-6157 August 10, 1992 Lynn Caswell John Oliver and Assoc. , Inc. 922 Main St. Elk River, MN 55330 Re: Proposed developments in sec. 27, T33N R26W, Sherburne Co. Dear Mr./Ms. Caswell: The Minnesota Natural Heritage database has been reviewed to determine if any rare plant or animal species or other significant natural features are known to occur within one mile of the above referenced project. There is a record for a mixed oak forest in the NE 1/4 of sec. 27 that was identified during 1989 survey work in connection with the Minnesota County Biological Survey (MCBS) as a. good quality example of this vegetation type. The MCBS is a joint project of the Natural Heritage and Nongame Wildlife Programs of the Minnesota Department of Natural Resources. The survey gathers information, county-by-county, on sensitive natural habitats (plant communities) , and rare plant and animal species, evaluates their importance and establishes priorities for their protection. Relatively undisturbed examples of natural communities such as mixed oak forests are becoming increasingly rare. The Natural Heritage program supports protection of the highest quality remnants as important components of the state' s natural biological diversity. The forested portion of your project area in the NW 1/4 of the SE 1/4 of sec. 27 also represents an example of a mixed oak forest. It was eliminated from detailed survey by MCBS because examination of recent air photos showed fragmentation by cultivation on three sides, as well as other evidence of disturbance. The Natural Heritage database is maintained by the Natural Heritage Program and the Nongame Wildlife Program, units within the Section of Wildlife, Department of Natural Resources. It is the most complete source of data on Minnesota' s rare, endangered, or otherwise significant plant and animal species, plant communities, and other natural features, and is used in fostering better understanding and protection of these rare features. • Thank you for consulting us on this matter, and for your interest in minimizing impacts on Minnesota' s rare resources. Please be aware that review by the Natural Heritage and Nongame Programs focuses only on rare natural features. It does not constitute review or approval by the Department of AN EQUAL OPPORTUNITY EMPLOYER 2 • Natural Resources as a whole. An invoice for the work completed will be forthcoming. You are being billed for map and computer search and staff scientist review. Billings are done quarterly by the State Department of Administration in March, June, September, and December. Sincerely, Bonita Eliason Endangered Species Environ:;ental Review Coordinator Natural Heritage and Nongame Wildlife Programs 612/297-2276 • I Minnesota Department of Health _ Division of Environmental Health 925 Delaware Street Southeast P.O. Box 59040 Minneapolis, MN 55459-00400 (612) 627-5100 :1LGLI Y'! .ED Nal ) 8 199T March 17, 1993 Steve Rohlf Building and Zoning Administrator City of Elk River 720 Dodge Avenue Elk River, Minnesota 55330 Dear Mr. Rohlf: Minnesota Department of Health (MDH) staff has reviewed the Environmental Assessment Worksheet (EAW) for the proposed Elk Park Center in the City of Elk River and offers the following comments for consideration. Re: permits. Well sealing notifications must be submitted prior to sealing abandoned wells. Also, dewatering well permits must be applied for and approved prior to construction of • dewatering wells greater than 45 feet deep (or greater than 25 feet deep, if constructed after June 30, 1994). Re: water use. The EAW indicates about seven wells will be abandoned. These wells must be sealed by a licensed well contractor or licensed well sealing contractor. Dewatering wells greater than 45 feet in depth must be constructed by a licensed well contractor or licensed dewatering well contractor. After June 30, 1994, a license will also be required to construct dewatering wells greater than 25 feet in depth. The EAW also states that dewatering should have little long term impact because the immediate area has full utilities. There are several potable water supply wells near the site; most are deep wells not likely to be affected by dewatering. Our computer records indicate that some wells in the area are completed in the surficial aquifer. Depending on the location and extent of the dewatering, these shallow water supply wells may be affected. A licensee (well contractor) who installs a dewatering well that causes the loss of an adequate private potable water supply must provide the private well owner with a temporary supply of potable water during the operation of the dewatering well. The supply must be adequate for drinking, cooking, and other household uses. The commissioner (of health) may require the private well to be tested to determine if a health risk exists before the licensee discontinues an alternate water supply. The licensee must assure that the required testing • is completed and reported to the commissioner. An Equal Opportunity Employer • Page Two Steve Rohlf March 17, 1993 If you need to discuss these comments, please call Ed Schneider, Well Management Unit, 218/723-4642. Thank you for the opportunity to review this EAW. Sincerely, Judith A. Ball Environmental Review Coordinator JAB:sdr cc: Ed Schneider • • 1Z • MINNESOTA HISTORICAL SOCIETY March 5, 1993 RECEIVED Mr. Lynn P. Caswell Ste/61 John Oliver & Associates, Inc. JOHN OLIVER&ASSOC. 580 Dodge Avenue Elk River, Minnesota 55330 Dear Mr. Caswell: Re: Elk Park Center commercial development SW/4 SE/4 & E/2 SW/4 S27, T33, R26, Elk River, Sherburne County MHS Referral File Number: 93-1163 Thank you for providing this office a copy of the Environmental Assessment Worksheet for the above-referenced project. It has been reviewed pursuant to responsibilities given to the Minnesota Historical Society by the Minnesota Historic Sites Act and the Minnesota Field Archaeology Act and through the process outlined in Minnesota Rules 4410.1600. There are no properties in the project area that are listed on the National Register of Historic Places or included in our inventory. In the absence of • reported properties, we have also evaluated the likelihood that unreported historic or archaeological properties may be present. Although we cannot state with certainty that there are no significant unreported historical or archaeological properties within the project area, we feel that the probabil- ity of such properties being present is low. Therefore, in our opinion, the "no" response to question 26a is appropriate. Please note that this comment letter does not address the requirements of Sec- tion 106 of the National Historic Preservation Act of 1966 and 36CFR800, Pro- cedures of the Advisory Council on Historic Preservation for the protection of historic properties. If this project is considered for federal assistance, it should be submitted to our office with reference to the assisting federal agency. Please contact Dennis Gimmestad at 612-296-5462 if you have any questions regarding our review of this project. Sincerely, ritta L. B1 omberg Deputy State Historic Preservation Officer BLB:dmb • cc: Office of the State Archaeologist, c/o Donn Coddington, MHS 345 KELLOGG BOUT EVARD WEST I SAINT PM II. MINNF Sf1TA SS 1(19_IQn ,TF[ FNF7(1NR f l9_9Q!_/196 O1 �� 5 1993 actGE • o0�NN OT4 Minnesota o Department of Transportation Transportation Building 6' 395 John Ireland Boulevard +''0F TFPN�Q Saint Paul, Minnesota 55155 (612) 296-1641 April 12, 1993 Steve Rolf, Building and Zoning Administrator City of Elk River 720 Dodge Avenue Elk River, MN 55330 Subject: Elk Park Center Dear Mr. Rolf: Mn/DOT staff recently completed a review of the EAW which you circulated on the above • referenced project. We had no environmental comments on the proposed project. However, we do have some questions regarding the frontage road signal system which may be required for the project. The service road shown as Freeport could have a negative impact on Minnesota Trunk Highway 169 if a signal is placed at its intersection with School Street. This could present a potential safety hazard. We urge the city or the developer, or both, to contact our Brainerd Office to fully discuss these issues. Please contact Mr. Bob Nibbe at our Brainerd Office. Mr. Nibbe can be reached at (218) 828-2482. Yours truly, Geralon Acting Environmental Coordinator cc: R. Nibbe • An Equal Opportunity Employer JUN 04 '93 11:06 ERW INC. P.2 • Memorandum B NX/1 DATE: June 4, 1993 TO: Steve Rohlf, Elk River Building Official a R w INC. FROM: William Weber, Planning Consultant Thomas Harrington, Landscape Architect Planning SUBJECT: Site Plan and Conditional Use Permit Review for Elk Park Transportation Center Engineering Urban Design Thresher Square 700 Third Street So. Scope of Our Review Minneapolis, MN 55115 This review address the content and quality of the submitted site plan 612/3740700 including allowable activities, access and internal circulation, parking, Fax 6121370-1378 • building arrangement, setbacks, open spaces, landscaping.and screening. Denver The City Consulting Engineer will be addressing traffic flow to and from Milwaukee the site, sewer and water utilities and drainage. Minneapolis Orlando Zgaikkg Phoenix Portland All of the site is zoned Planned-Unit District except for two.parcels along San Diego Jackson Street that contain single-family houses, which are zoned R-2b Seattle (Townhouse and Multiple-Family Residential District). Donald W.Rirgrose Allowable Activities • Richard P.Wolsfeld Thomas P.Carroll The allowable activities should be those approved by the City Council, Craig A.Amundsen Donald E,Hunt since the site is zoned Planned-Unit Development. The Council has broad John B.McNarnara discretion in regulating the allowable uses as long as it is reasonable and Richard D.Pilgrim bases its decision on grounds of good city planning, urban design, public Dale N.Beckmann safety or welfare. The types of activities should be specified in a Jeffery I..Benson Developer's Agreement that includes the approved site plan. Specific Ralph C.Blum businesses (e.g., Taco Bell) should not be regulated. Gary J.Erickson John C.Lynch Access Paul N.Bay Sabri Ayac There are three major points of access to the site: one along Highway 169, • Gary A.Ehret one along Jackson Road and a third along School Street via the proposed Anthony'Heppelmann Arijs Pakalna extension through the site of Freeport Avenue. Each of these is Martha McPhee appropriately located relative to the site development and other Howard P.Prest<<n intersections on the streets. Detailed traffic analysis is being conducted to Dennis P.Probst JUN 04 '93 11:07 ERN INC. P.3 • Steve Rohlf June 4, 1993 Page 2 affirm or disprove this. Mn/DOT will have to approve the location and the design of the intersection along Highway 169. There are five secondary intersections along Jackson Road, and approximately three more are possible with the development of the remaining land parcels. Two of them align with Highland Road and 191st Lane, which is good from the point of view of traffic safety but it also allows views from those two streets into the loading areas and the rear of the buildings. The design of the intersection opposite Highland Road is skewed to intercept some of this view. The driveways to Building A and Cub Foods should be combined at a point midway between Highland and 191st Avenues. The access to the shared driveway for Wal-Mart and Menard's should be moved to the south to increase the offset from 191st Avenue. • Internal Circulation Roadways within the site are properly designed and offer a relatively safe and understandable progression from the entries to the parking spaces. Intersections are properly spaced or aligned. Parking Supply Overall, the parking supply is lower than what major retailers usually demand. The supply is probably adequate near the north end of the site but inadequate at the south end. However, the supply meets or exceeds the City's requirements, which are probably low. The plan provides 5.05 spaces per 1,000 square feet of floor area for buildings A-E plus the three majors tenants. Cub and Wal-Mart have 5.9 spaces per thousand in front of them. Menard's and Building,E share a parking area that supplies only 3.4 spaces per 1,000 square feet of floor area, which is far below what is normally • supplied, and which I feel is inadequate. Stores such as Cub Foods and Wal Mart typically want 7 or 8 spaces per 1,000 square feet, and Menard's usually wants about 5 spaces per 1,000 square feet. Some of the parking for the Payless Shoes store would have to occur in the remote part of the parking for the southerly retail building. JUN 04 '93 11:07 ERW INC. P.4 • Steve Rohlf June 4, 1993 Page 3 Zoning Requirements for Parking Overall, the site plan provides more parking than required by the Zoning Ordinance. There would be 5 parking spaces per 1,000 square feet of floor area for the major tenants (Cub Foods, Wal-Mart and Menard's), which exceeds the requirements of the Zoning Ordinance of 3 spaces per 1,000 square feet of floor area. Parking for the other buildings matches the Zoning requirements of 2.2 square feet of parking area per 1,000 square feet of building. Arrangement of Building, Parking and Open Space The arrangement of buildings and parking lots is generally orderly and efficient except for the area west of Menard's and Wal-Mart. There is not enough building and driveway setback along the south side of the site nor behind Wal-Mart. The open spaces along the west side of the site near • Menard's are not well used. The buildings do not relate well to the neighborhood to the west nor to the schools to the south. Eastern Side One of the major concerns from the outset of this review process has been the appearance of the finished product, both from Highway 169 and, especially, from Jackson Road and the neighborhood to the west. Along Highway 169, most of the buildings, except for Midas Muffler and Tires Plus, have only minimal setback from the parking lot to the right-of-way. Although the green edge of the highway right-of-way is quite wide there, this leaves little space for landscaping. Western Side The design of the western edge is inadequate. In some locations, there is excess, wasted land and in other locations the setbacks are inadequate. The setbacks for the Wal-Mart building and the bank parking lot are inadequate. The bank parking setback is 10 feet and should be increased to at least fifteen feet. • The landscaping and grading plan do not take advantage of the setbacks to create an adequate buffer. Therefore, we recommend that the landscaping and grading plan along the entire western edge of the site be totally revised. JUN 04 '93 11:08 ERW INC. P.5 • Steve Rohlf June 4, 1993 Page 4 Also, there are large open areas well removed from Jackson Road north of the Menard's storage yard and near the Cub and Wal-Mart expansion areas. These open areas do not contribute to the appearance of the project nor buffer the site from the housing to the west. These areas should be totally redesigned to be more efficient and aesthetic. Southern Side The building and driveway along the southern edge (adjacent to the school site) is inadequate. The Zoning Ordinance requires at least a 40 foot setback for the building, while only 30 feet is provided. The driveway setback is only 10 feet, which is not enough to for adequate landscaping. A 100-foot-wide landscaping and ponding easement will be provided on the School District property. I think that landscaping and buffering should be provided on-site. In either case, the planting plan is inadequate. • Truck Docks and Loading Areas There would be truck docks for each of the three major tenants. The access and turning area of Wal-Mart and Menard's is shared and also seems to be much larger than needed. We recommend that this area be redesigned so that there is less pavement and that the associated green space is moved toward Jackson Road. It may also be possible then to reconfigure Menard's outdoor storage yard so as to leave more room along Jackson Road for future development. The truck docks and loading areas along the western side of the site are not adequately screened from the neighborhood to the west nor are the receiving areas behind Buildings A and E properly screened. Landscaping Plan Existing Vegetation Because of the rolling nature of the site and the intensity of the proposed development, it appears that nearly all trees within the property will be removed. • The site plan does not indicate the location and extent of the major overstory trees nor include an inventory by location, species -and approximate height and spread of significant evergreen and deciduous trees having calipers of six inches or greater. It would have been JUN 04 '93 11:08 ERW INC. P.6 • Steve Rohlf June 4, 1993 Page 5 preferable to try to save some of the ornamental trees currently on the residential properties by temporarily transplanting them. Some of these trees can be moved to new locations on the site to supplement plantings as proposed on the landscape plan. Planting Plan Number of Trees: The Planting Plan is inadequate. While a significant number of trees are proposed (more than required by the Zoning Ordinance), it only represents a bare minimum relative to the total paved and built areas. Trees planted every 120 and 250 feet apart do not adequately reduce the visual impact of the large expanses of parking. Thus, the number of trees shown on the plan is inadequate. • Screening along Jackson Road: The visual screening of the rear of the project from Jackson Road and the neighborhood to the west is inadequate. The number and variety of overstory and ornamental trees and shrubs should be greatly increased in the private setback between the property line and the parking and truck dock areas along the west side. In addition, sodded, earthen berms four to five feet in height should also be used here. A low, wooden fence could be incorporated with the berming and planting. A new, more detailed landscaping plan for the entire western edge should be submitted. It should be coordinated with the grading plan and should include cross-section drawings to help explain it. A more successful screen can be achieved by using larger plant materials such as the evergreen trees in clusters, on 10-12 foot spacing. Southern Edge: The landscaping along the school property should be increased, especially in light of the fact that the access to the Menard's entrance will run along the southern side of Building E. iOther Locations: The planting plan for other locations is also inadequate. Shrub materials could be utilized at the access road from Highway 169, along entrance roads, building entrances,and other public areas. Screening is also needed JUN 04 '93 11:09 ERW INC. P.7 • Steve Rohlf June 4, 1993 Page 6 around the Menard's outdoor storage area. Earth berms should be used along the east and west sides of Freeport Ave. to minimize views to the large parking areas. There appears to be enough space between the sidewalk and the parking lot for a 3-4 foot sodded berm. There is no indication on the site plan whether the developer proposes to ask Mn/DOT to remove any trees in the highway right-of-way. We recommend that these trees, if any,be spared unless they are destroyed by grading. Since no vegetation analysis drawing was submitted, it is difficult to tell where the trees are. Other Landscaping Recommendations We have included a list of other recommendations for the landscaping plan in Appendix A. . Facade Materials • A building facade design has been proposed that will make the project appear as a coordinated unit, except for the outlot buildings, which will have individual designs dictated by the franchise. The basic materials are rock-face concrete block, face brick, decorative glazed concrete block and prefinished metal canopies. Colors should be proposed for City approval. The materials on the rear sides of the buildings will be the same rockface block as used on the front along with decorative, colored banding. Minimum standards for the materials for outlot buildings should be submitted for City review and approval. In front of the parking lot between Cub Foods and Wal-Mart there will be a wrought iron fence with a low wall and pilasters made of the same materials as the building facades. Signs Wall Signs . The building facade design has created a "sign band" which will guide the placement of walls signs. It is not clear whether the tenants will be required to install signs with individual back-lit letters or whether they will be able to use the less attractive back-lit plastic panels. We recommend the use of the individual letters. This information should be submitted for City review prior to final approval and made part of the Developer's JUN 04 '93 11:09 ERW INC. P.8 . Steve Rohlf June 4, 1993 Page 7 Agreement. No wall signs should be allowed to face the west or the south. Freestanding Signs Freestanding, pylon signs are proposed for each outlot business and the center as a whole. Along Highway 169, there would be two signs for the center and two signs for outlot business, and along Freeport Avenue there would be five signs for outlot businesses. No single business would have more than one freestanding sign. We recommend that the principal pylon sign for the center be allowed to exceed the normal maximum of 64 square feet in face area (Section 900.22 (4)(d)(ii)) if: (a) The proposed second pylon sign is deleted and 1111 (b) The materials and design of the center's pylon sign be. coordinated with the design of the major buildings, that restrictions, that the sign be designed to appear as an integrated unit rather than several individual signs hung together, and that guidelines be agreed upon for the colors and number of tenant names within this sign. A pylon sign for the center is also proposed at the intersection of Jackson Road and Freeport Avenue. This location should be restricted to a "monument" sign, no taller than approximately 6 feet above grade, to announce the entrance. This sign must be within the private property and set back far enough from Jackson Avenue so that the view for drivers exiting Freeport is not obstructed. There is no indication of the proposed area, height, illumination or design of the pylon signs. This information should be submitted for City review prior to final approval and made part of the Developer's Agreement. Outdoor Storage Menard's would have a large yard behind their building for the storage of lumber and other items. This is potentially a very unsightly from the west. • The present design is insufficient to determine whether that impact would be properly mitigated. A fence is indicated but there is no indication of its design. The landscaping plan to the west is inadequate (refer to the section on landscaping, above). JUN 04 '93 11: 10 ERW INC. P.9 • Steve Rohlf June 4, 1993 Page 8 Fencing Wal-Marts typically have an outdoor garden center surrounded by an open fence. None is shown on the site plan, but we recommend that this matter be conclusively determined. Fencing is shown along Jackson Road but its design is not specified. This fence, if included after the planting and berming plan is improved, should be coordinated better with that element. There should also be a fence to physically separate the school site from the shopping center and the proposed pond. Sidewalks • Sidewalks are proposed along both sides of Freeport Avenue with links to the shopping center buildings. Additional connections could be provided to the outlots on the north and east sides of Freeport Ave. The Focus Area Studies (1990) recommended a pedestrian and bicyclist trail along the eastern side of Jackson Road from School Street to and across Highway 169. This should be incorporated into the project. We do not have a recommendation on who should pay for that facility. It may also be a good idea to have a sidewalk linking Jackson Road to the front of the center through the parking lot between Cub Foods and Wal- Mart. Trash Handling No indication is given on the site plan regarding where dumpsters would be located or how they would be screened. This information should be submitted for City review before City Council approval. Lighting Our main concern with lighting is that the nuisance to the neighbors to the 11111 west be absolutely minimized. We would like more information about the design of the Type III luminaire proposed for the Jackson Road edge. We recommend that this luminaire be designed to cast light only toward the building with a sharp cutoff to the west. RECOMMENDATION JUN 04 '93 11: 10 ERN INC. P. 10 • Steve Rohlf June 4, 1993 Page 9 We offer the following conclusions and recommendations in the spirit of improving the site plan. 1. Western and Southern Areas The layout, setback and screening of the western and southern edges of the site are inadequate. These areas should be redesigned to provide more protection for the adjacent neighborhood and schools. All required setbacks for buildings and driveways should be met or exceeded. Landscaping, berming and fencing should be generous. Lighting should be directed away from the housing. The inadequate layout is also demonstrated by the shortage of parking near Menard's and the shortage of on-site ponding. If the amount of building square footage and/or outdoor storage were • reduced, the site plan could be reconfigured and the problems described above would be much easier to solve. The additional remaining land could be devoted to activities that would be more compatible with the neighborhood even if some of them have access from Jackson Road. It may be logical, therefore, to delete Menard's from the project. 2. Access The driveways to Building A and Cub Foods should be combined at a point midway between Highland and 191st Avenue. The access to the shared driveway for Wal-Mart and Menard's should be moved south to increase the offset to 191st Avenue. 3. Parking Although zoning requirements are met, our experience with similar projects tells us the parking supply will be inadequate in the area of Menard's and Building E. 4. Landscaping • The planting and screening plans are inadequate all across the site. 5. Sidewalks Additional sidewalk connections should be provided to the outlots on the north and east sides of Freeport Avenue. A sidewalk along JUN 04 '93 11:11 ERW INC. P. 11 • Steve Rohlf June 4, 1993 Page 10 Jackson Road should be shown. There should be a pedestrian connection between Jackson Road to the front of the center through the parking lot between Cub Foods and Wal-Mart. The Park and Recreation Board will be presenting recommendations about trails also. 6. Signs There should be revisions and elaboration to the sign plan as described above. 7. Facade Design The design and materials for the outside of Buildings A through E and Cub Foods are acceptable. • S. Lighting Additional information should be provided about the lighting plan on the western perimeter. 9. Trash Handling Acceptable details about trash handling should be submitted. 10. Developer's Agreement There should be a Developer's Agreement that provides guarantees to the City for all public or private improvements that are agreed upon. 11. Road Rights-of-Way There should be concurrence by the City Consulting Engineer on the width of public road rights-of-way. • WCW/dc R128$8 JUN 04 '93 11: 11 ERW INC. P. 12 APPENDIX A: DETAILED RECOMMENDATIONS FOR THE LANDSCAPING PLAN 1. Coordinate all aspects of the site design, including existing trees, grading and berming, site design, signage and lighting. 2. Establish a theme or concept when designing the landscaping. 3. Provide plant materials in sizes that are generally accepted minimums. Two-and-one-half inch caliper for all deciduous trees, 6-8 foot height for evergreen trees, and 24-36 inch height for shrubs. 4. Sod all landscaped areas not planted with shrubs and trees. 5. Minimize the use of large rock mulch beds with few small shrubs. 6. Install underground irrigation for the maintenance of all sodded lawn areas, at a minimum. • 7. Install a minimum of one tree and eight shrubs per typical interior parking lot island (approximately 200 square feet). 8. Cluster shrubs plantings in planting beds, using edging materials such as steel or vinyl to separate mulch from sodded lawn areas. 9. Maintenance should be an important consideration when developing a design concept. •