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Item 5.1 • ` Item # 5.1. City of MEMORANDUM Elk ,. River TO: Planning Commission FROM: Scott Harlicker, Senior Planner'' DATE: November 14, 2000 SUBJECT: Case No. CU 00-39 Request by Madison Marquette to Amend Conditional Use Permit, Public Hearing Request Consider a request by Madison Marquette to amend the conditional use permit for the PUD Agreement for Elk River Plaza 4th Addition to allow two wall signs for Northstar Access. • Location Lot 2, Block 1, Elk River Plaza 4th Addition Zoning/Land Use PUD (Planned Unit Development) / HB (Highway Business) Attachments • Location map • Site plan • Building elevations • Letter from applicant • Elk River Plaza PUD Agreement Amendment#4 Overview On June 21,1999 the City of Elk River approved an amendment to the Elk River Plaza Planned Unit Development Agreement to allow the demolition of a portion of the existing mall and the construction of a 15,000 sf. retail building, a 40,000 • sf. medical office building and remodeled mall space to be used as a restaurant and retail space. The PUD agreement also specified signage for each building 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone (763) 441-7420 • Fax (763) 441-7425 Memo to Planning Commission/CU 00-39 Page 2 November 14,2000 and business. The retail space located within the remodeled mall was permitted • one wall sign and the restaurant was allowed two wall signs. The restaurant was allowed the additional sign because it is located at the end of the building. The portion of Amendment#4 relating to wall signage was based on the Elk Park Center PUD Agreement which limits tenants in multi-tenant buildings to one wall sign. One of the retail tenants, Northstar Access, is asking that the PUD agreement be amended so they could have two wall signs, one on the front of the building and one facing Highway 169. Other businesses in the mall, 1st Barber Stylists, Marcus Theaters and The Gym, all have signs on the front of the building and the rear facing Highway 169. The signs facing Highway 169 were allowed as part of the original PUD agreement approved in 1987. Staff does not believe it would be out of character or detrimental to allow Northstar Access additional signage similar to the other tenants in the mall. Recommendation Staff recommends the Planning Commission recommend the City Council approve an amendment to the Elk River Plaza 4th Addition PUD agreement to allow Northstar Access a second wall sign facing Highway 169. • • S:\PLANNING\SCOTT\C00039.DOC PARKEWA . lit � ith �pp S41 7 IDE Si �� ' 22 �.. 13 ��� `yI 1V'- 111111 = 10 T vt 4I'I • BISzo 1� N 011o _II!�-�� �v Z� .471%0, ,. -iz n ii n, 0 elf — ...,..,..,� `�\` as (0ll�li��1 iti'�1111!'�''!//� -46 . -4 Nekv ft • .4'�!';931�ri 4�'�, A `►jlnymmarwin - 0 d ' ' 1KI rca e : k EJ/ ` � ` P`9r ' I W7 - . rPARR ' A �'liAjp 0. ,it 1 -E 3�*ØZ AIR. , W a7.711, PARCEL �CTii.lit. MTV? i CORA T 6 CUTLOT A ' r�; ..:4,1 . 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', , , '::, '''1',I'lliV::i'i';!`.1,041:;YRI:ql r.I.,40:11i•I'',.11::41'.71:1111i;:'::ir;:l .1'!-„!.1'i':' 1:.:,-,,,:0.14,,'',;:i:::',.11,„•1 -414441kliirP1`,1141°'1`,!:(f'lli'!',:;',..00•L,'::' 1'", ;.,,_!„,-1: ,:i A';,,•,,:1,•,.',',,,.•,',1••'•;','•,''•,;':' ,i',,JII„:1;!111„401.1,1/411,1161i4l,.,V: ii,';',1',,t1;1',',;±P::41,1,117,111.1'!il':tii' ,1,,,ii4-',',1,';.:::1„,.;!:;'!".: ,L: .''''''li,; ,,:,1:4 i.41,1!, ',,',1,. , ' - - .11141r4'1'1'"":1140141]; l .11'. ..::'NII`','' .-:'. . . &,`, .,,I•A'1,1t,p,,,,v;,,,..!,:,,•,,,•,- •,-•'•1::„•i •1.,,,-,,,, ',, , ' ,, , 1,, • ,, -'-, .,,...,..',,.-J:. il:',„,,,,,; ,' NsorthStari,;• Access 2 %.wil., '9404 riotilia, , ,— WEST ELEVATION ( front of premises) gLI - ,,,,,,,,,',,', ,11,-lit FF , , , •„.•,, , •t A eceSs' : . . . 0 Nort 0 C') (-) td 1 '2 11:111]:111q'' 'INV7.. 4111,1*''.,:''''' 11, EAST ELEVATION (rear of premises) MaaisonMarquetteRealtySerti ices September 21, 2000 City of Elk River 13065 Orono Parkway Elk River,MN 55330 Re: Conditional Use Permit Application Elk River Plaza 4th Addition Lot 2,Block 1 716 Freeport Avenue Elk River,MN 55330 Dear Sirs: We are requesting the Planning Commission and City Council amend the sign criteria for Elk River Plaza, 4th Addition, Lot 2, Block 1, to allow NorthStar Access, a new tenant to the property, the ability to have wall signage located on both the front (west elevation) and rear (east elevation) of its premises. With the rear of the building facing Highway 169, it is imperative for these retail tenants to be visible to their prospective customers. The ability to have a sign on the rear of the building along Hwy. 169 is a tremendous tool for visibility to over 35,000 vehicles daily on Hwy 169 alone. It is very difficult to advertise their location with the limit of one sign. NorthStar Access has installed one sign on the front of their premises. This is not visible until you are in front of the center off of Freeport but needed to identify their storefront. Signage is a great marketing tool and will help NorthStar Access' ability to get their business known and recognized in the area. The property is designed to handle two signs for NorthStar Access, there is room available for the additional sign and it is also beneficial for deliveries, utilities, etc. for the rear entrance. The current Amendment No 4. to Elk River Development Agreement, City of Elk River, Sherburne County, S Minnesota, paragraph 1), subparagraph (05), Wall Signage, has sign criteria for the "Attached restaurant/retail building on Lot 2", which states the retail tenants shall have 1 wall sign. The restaurant will be allowed 2 wall signs. The adjacent tenant to NorthStar Access, First Barber Stylists, also has 2 signs, one on the east and one on the west elevation. The theatre also has a sign on the rear of the building, along with The Gym and Chiropractic services. I am told by the city that these tenants are grandfathered in at this time,which allows them two signs. The only tenant whose premises have a front and rear access without the ability to have 2 signs at the center is NorthStar Access. Also,NorthStar Access is not a party to the pylon sign on the premises. Enclosed please find an application for a Conditional Use Permit to allow our new tenant at the above-referenced property,NorthStar Access, the ability to have two wall signs for their premises, one located on the west elevation (the front of their store) and one on the east elevation (the rear of their store facing Hwy. 169). We have also enclosed a site plan showing the footprint of the building with NorthStar Access' location, a drawing showing the signband with the location of the proposed sign, labels for property owners within 350 feet of the property and a check in the amount of$75. Please grant our request allowing NorthStar Access the ability to have 2 wall signs at the center. If you have any questions,please do not hesitate to contact me at 612/852-5140. Sino ely, / Wendy Aaserud Property Manager /wa . cc: Lee Hoffman Peter Scherer Crescent Ridge Corporate Center 11100 Wayzata Boulevard,Suite 601, Minnetonka,Minnesota 55305-1544•Telephone:612/852-5200 Facsimile:612/852-5201 • AMENDMENT NO. 4 to ELK RIVER PLAZA DEVELOPMENT AGREEMENT CITY OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA THIS AMENDMENT NO. 4 is made effective the 21st day of June, 1999, by and between the CITY OF ELK RIVER, Sherburne County, Minnesota (the City), and ELK RIVER SHOPPING CENTER COMPANY, a Minnesota partnership, 9110 83rd Avenue North, Brooklyn Park, Minnesota 55445. WITNESSETH: WHEREAS, on December 24, 1984, the parties hereto entered into Elk River Plaza Planned Development Agreement, which agreement was amended by Amendment No. 1 effective December 31, 1985, and by Amendment No. 2, effective March 16, 1987, and by Amendment No. 3, effective September 21, 1987; and WHEREAS, the City Council on June 21, 1999, approved the Replat of Lot 4, Block 2, of Elk River Plaza, as Elk River Plaza 4th Addition. • WHEREAS, on June 21, 1999, the Elk River City Council approved an amendment to the Elk River Plaza Planned Development Agreement to permit the development of Elk River Plaza 4th Addition by the placement of the following improvements on the property: A 15,000 square foot retail building on Lot 1, Block 1, Elk River Plaza 4th Addition; the placement of a 200 seat Class I restaurant with on sale liquor, a 6,500 square foot retail building on Lot 2, Block 1, Elk River Plaza 4th Addition, and the placement of a 40,00 square foot medical office on Lot 3, Block 1, Elk River Plaza 4th Addition. NOW, THEREFORE, it is hereby agreed by and between the parties here as follows: 1.) The Elk River Plaza Planned Development Agreement is hereby amended to allow the construction of the following improvements: (01) A 15,000 square foot retail building to be located on Lot 1, Block 1, Elk River Plaza 4th Addition; and (02) A Class I restaurant with on-sale liquor, and 6,500 square foot retail on Lot 2, Block 1, Elk River Plaza 4th Addition; and (03) A 40,000 square foot medical office building on Lot 3, Block 1, Elk River Plaza 4th Addition; and (04) A 19-foot tall monument sign on Lot 2, Block 1, Elk River Plaza 4th Addition, and an 8-foot tall monument sign on Lot 3, Block 2, Elk IIIRiver Plaza as shown on the approved site plan. • (05) Wall signage as follows: 1. Free standing retail building on Lot 1 - Each tenant shall have no more than 1 wall sign except for the drug store at the east end of the building, which will be allowed 2 signs. Wall signage shall consist of individual letters. Capital letters shall be no larger than 32" high; lower case letters shall be no more than 24" high. Letters shall extend no closer than 3'-4' from projected lease line. 2. Attached restaurant/retail building on Lot 2 —Restaurant shall have 2 wall signs and retail tenants shall have 1 wall sign. Signs shall consist of individual letters. Capital letters shall be no larger than 32" high; lower case letters shall be no larger than 24" high. Letters shall extend no closer than 3'-4' from projected lease line. 2.) It is further a condition of approval of the authorized development that the same shall be completed in conformance with the attached site plan approved by the Planning Commission and City Council and that all signage and lettering shall be consistent with the approved site plan and as outlined in this amendment. • 3.) The words, phrases, terms, and conditions used herein shall be interpreted the same as those used in the Elk River Retail Center Planned Unit Development Agreement. 4.) All other terms and conditions of the Elk River Plaza Planned Unit Development Agreement, as amended, shall remain in full force and effect and shall be binding upon the parties hereto, except to the extent clearly inconsistent with the terms and conditions of this Amendment No. 4. IN WITNESS WHEREOF, the parties have caused this Amendment No. 4 to be duly executed in their names and on their behalf on or as of the date first above written. A T: CITY OF ELK RIVER Patrick D. Klaers Steph.. ie Klinzing Its: City Administrator Its: Mayor • \\elkriver\sys\shrdoc\planning\agreemts\erp laza4.doc