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Item 3.1
ITEM # 3.1. City of Elk -�-� River MEMORANDUM TO: Planning Commission FROM: Scott Harlicker, Senior Planne* DATE: June 24, 2003 SUBJECT: Case No. P 03-05 Request • Consider a request by Cascade Land Company for preliminary plat for Pheasant Run 2' Addition. 120 Day Rule To comply with the 120-day rule,without an extension,this item needs action by September 24, 2003 Action The applicant has requested that this item be tabled to the October 28th Planning Commission meeting.They have also waived the 120 day rule for City action. • g'■ ;/09/2003 WED 14:27 FAX 763 441 8604 DYNAMICS . 001/001 • O July 8,2003 Dear Mr.Harlicker Please be advised that we are requesting that Pheasant Run 2"Addition 1 e tabled until the October Planning Commission Meeting in order to allow time to -■' ess certain design issues. We understand we are waiving our rights under the 60-day rule for city a tion. Thank you. .,2,/,',(/___________ • Jim Brown, Cascade I Land Co. III • 1°�v 6'4 • • Item # 6 . 1 . & 6 . 2 . City of Elk River MEMORANDUM TO: Planning Commission FROM: Michele McPhersofiDirector of Planning DATE: July 22, 2003 SUBJECT: Case No. LU 03-02 - Amend the Land Use Map from MR Medium Density Residential to HB Highway Business; and Case No. ZC 03-04 Request to Rezone Property from R I C Single Family Residential to C3 Highway Commercial — Public Hearing 411 Request Morcon Construction requests that Outlot A of Brentwood and Lots 3 and 4,Block 3 Ridgewood East 3rd Addition be considered for a Land Use Amendment from Medium Density Residential to Highway Business, and a Zone Change Rlc Single Family Residential to C3 Highway Commercial. If the applications are approved,the applicant will submit a preliminary plat of a commercial development for the subject property. 60-Day and 120-Day Rule In order to comply with Minnesota State Statute 1519 (60-Day Requirement) action must be taken on these requests by August 29, 2003. Attachments • Location Map • Project Narrative • 2003 Comprehensive Plan Draft Excerpt • Figure 4-1 Existing Land Use Map (2002) • • Excerpt,Market Trend Concept Memo to Planning Commission/ZC 03-04/LU 03-02 July 22,2003 Page 2 • • Public Meeting #3 Results • Map Remaining Vacant Commercial Sites • January 13, 1997 Memo from Paul Steinman,Director of Economic Development • January 16, 1997 EDA Minutes • May 15, 1995 City Council Minutes • May 15, 1995 Memo from Steve Ach,City Planning • April 25, 1995 Planning Commission Minutes • April 25, 1995 Memo from Steve Ach,City Planner • September 20, 1994 Letter to Mayor and City Council • June 24, 1994 Memo from Gary Schmitz,Planning Assistant • November 24, 1999 Letter from Bradley Thorson,Attorney • October 4, 1994 Letter from Dennis Anderson,Owner,Regarding Protective Covenants Location Southwest corner of the intersection of 197th Avenue and Highway 169. Zoning/Land Use R1c Single Family Residential/MR Medium Density Residential • Existing Conditions The subject property is approximately 18 acres in area and is currently flat and predominantly treeless. The property is within the Urban Service District. Services are located at the intersection of 193rd Avenue and Holt Street on the south, and at 197th Avenue and Highway 169 to the east. There are two single-family lots, Lots 1 and 2 Ridgewood East 3rd Addition,that would abut the proposed commercial land use and zoning designation. History Brentwood Plat The Brentwood subdivision was approved in 1980 and is comprised of 101 single-family lots averaging approximately 2- 2-1/2 acres in size. Over the years there has been much discussion regarding the protective covenants of the Brentwood subdivision. A copy of the Brentwood protective covenants is attached for the Commission's information. It clearly indicates that "no lot, other than Outlot A,shall be used except for residential purposes." Staff's interpretation of that covenant indicates that Outlot A may be used for commercial purposes, if approved by the City. In 1999, it appears that the owner attempted to register the title and to clarify the owner's intent in regards to Outlot A. • S:\PLANNING\Case Files\2003\ZC 03-04 Dennis Anderson\7-22 PC memo.doc Memo to Planning Commission/ZC 03-04/LU 03-02 July 22,2003 Page 3 III1994 Land Use and Zone Change Request The owner submitted this exact request in 1994 but withdrew the request, as the City was undertaking the 1995 Comprehensive Plan update. At that time,the Planning Commission voted to deny the request on a number of points including the impacts to adjacent residential areas,traffic issues (lack of a signalized intersection at 197th Avenue and Highway 169) and that the Growth Management Plan was being updated. 1995 Land Use Request In 1995 the owner submitted a request for a land use amendment to Highway Business, a zone change to Planned Unit Development, and a Conditional Use Permit. At that time,the Planned Unit Development was intended to provide additional commercial uses on the site. This request again was withdrawn by the applicant until some unknown future date. 1997 Strategic Economic Development Planning Task Force As a result of the 1995 Growth Management Plan (Comprehensive Plan)update,the Economic Development Authority authorized the formation of a Strategic Economic Development Planning Task Force. The purpose of the Task Force was to identify potential sites for industrial and business park development. The Task Force identified eight sites scattered throughout the City for potential industrial and business park development. One of the sites under consideration was Outlot A of Brentwood. Six of the eight sites • recommended by the Strategic Planning Task Force were rezoned to business park,however as noted in the EDA Minutes from 1997,Area #2 known as Outlot A of Brentwood was not pursued due to the significant public opposition anticipated in trying to develop it as an industrial or business park site. 2002- 2003 Comprehensive Plan Process As the Commission is aware,the City has undertaken a process to amend the Comprehensive Plan for the City. This plan anticipates the complete City build-out and looks as far into the future as 2020- 2025. During the planning process the consultant developed three alternative development concepts;the Guided Growth Concept,the Current Plan Concept, and the Market Trends Concept. These concepts were reviewed by the Task Force as well as the public. Comments regarding the three development scenarios were collected at Public Meeting #3 which occurred on October 15, 2002. The commercial portion of the Market Trends Concept is attached. The commercial discussion notes that the subject parcel is proposed to be guided for Highway Business. The consultant notes that it is a logical extension of the existing commercial district. The Market Trends Concept does however,point out several issues with commercial development at the subject site, noting that east-west access to the site is poor. Two out of the five groups at the Public Meeting noted that this could be a potential commercial site for additional goods and services. At this time,the land use plan under consideration by the Task Force does not designate this site as commercial. • S:\PLANNING\Cue Files\2003\ZC 03-04 Dennis Anderson\7-22 PC memo.doc Memo to Planning Commission/ZC 03-04/LU 03-02 July 22,2003 Page 4 • Analysis In reviewing the request for the land use and zone change,the Planning Commission should consider whether conditions have changed to warrant the request and whether or not the zone change would have adverse impacts on adjacent properties. The purpose of the C3 District is "to recognize the need for commercial establishments on or serving with immediate access to major highways. Permitted land uses should take advantage of the highway access in a manner which other business districts are not afforded. In addition to retail and commercial uses, quasi-industrial, and wholesale enterprises that do not meet an industrial setting and have considerable customer contact are acceptable in the highway commercial district." Since the 1994 and 1995 requests, a signal has been installed at 197th Avenue,providing safe access to the highway. The available commercial sites noted in previous staff reports have been developed. The attached map illustrates the remaining commercial sites within the City of Elk River. Most of these sites are 1 - 4 acres in area and do not lend themselves to medium size retail developments which may choose to locate elsewhere. The subject property has good highway visibility and,with a frontage road through the development, could see traffic impacts to the Brentwood neighborhood reduced. There does however, remain the issue of the two single-family homes directly adjacent to the subject property. There is, however,mature vegetation along and within Block 3 of • Ridgewood East 3rd Addition. Should this vegetation be maintained and enhanced,the single-family homes could be effectively buffered from any commercial development. Utilities can be extended to the site without requiring the non-sewered neighborhoods of Ridgewood East 3rd and Brentwood to hook up to the same. The Commission should note, however,that Ridgewood East 3rd Addition is located within the Urban Service District. Recommendation Staff recommends that the Planning Commission recommend approval of the request to amend the Land Use Plan for the subject property to Highway Business and to change the zoning from Single-Family Residential to Highway Commercial, based on the fact that conditions have changed to warrant a change in the land use and there are no other commercial opportunities along the Highway 169 corridor of substantial size to adequately compete with adjacent surrounding communities'commercial sites. • S:\PLANNING\Case Files\2003\ZC 03-04 Dennis Anderson\7-22 PC memo.doc �\, ii1 Coiiiii - B R 0 # r I \ CO 1.8TH ql NW li m D c I all c" Ile i i Id4% 98 TH AVENUE rs I///' j i \ai 4 I S ITE . � I � , ei Ar- gup .-ry�-' I I I197IH A Ill! �1N .....\_/Two ❑ ❑❑ C,R444 „ .bF I D E MI® Sn„<w Z �N W 0 me ©Alai! .� J '/ i , ORTHBOUa`y �,I' ``' 'I.1 JO'I [ CROSS/NC ,- 4-��. / \ solor ❑ \► 3TH CRci:I INN ..,..0 , -0-,- . 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NATURAL RESOURCES ANALYSIS A. Topography B. Vegetation C. Soils and Groundwater D. Wetlands V. STORMWATER MANAGEMENT VI. SITE GRADING • VII. WETLAND ALTERATIONS VIII. TREE PRESERVATION AND LANDSCAPING IX. STREETS AND ACCESS X. SANITARY SEWER AND WATER SERVICE Xl. CONCLUSION • ELK RIVER LAND DEVELOPMENT • I. PROJECT DESCRIPTION The project consists of development of an 18.89± acre property at US Highway 169 and 197th Street, NW into seven commercial parcels. Development will require construction of a public street and public utilities. II. DEVELOPER The Developer is Morcon Real Estate and Development, LLC, (MRED) which currently has the property under contract. MRED prides itself in innovative and exclusive commercial projects. MRED has completed numerous retail, office, airport, and hotel projects. Schoell and Madson, Inc. of Minnetonka is providing the consulting engineering planning, surveying, and environmental services for the development. Miller Dunwiddie Architects of Minneapolis is providing the architectural and site planning services for the development. MDA has a twenty-year history of completing successful retail and commercial projects with MRED. IIIWelsh Companies is providing the marketing and leasing services for the development. III. PROJECT DATA A. Development Data The gross project area is 18.89± acres. The minimum required lot area is one acre (43,560 square feet) and the minimum required lot width is 100 feet. The 7 proposed lots will average 96,704 square feet and all lots exceed the minimum requirements. A total of 3.27 acres of public right of way will be dedicated for the rerouting of existing 197th Avenue, NW and an extension, north, of existing Holt Street, NW linking it to 197th Avenue, NW. B. Zoning The property is currently zoned R, Medium Density Residential. The development requires rezoning to C-3, Commercial Highway Business. All requirements for C-3 zoning will be met without any additional variances. • 1 C:\Documents and Settings\DPertl\Local Settings\Temporary Internet Files\OLK9\Morcon-Elk River Dev Narrative.623.doc C. Setbacks • • Front— proposed Holt Street NW — 25 feet • Side — 30 feet • Rear—40 feet IV. NATURAL RESOURCE ANALYSIS A. Topography The site is located on the west side of U.S. Highway 169 and south of 197th Street, NW. The site elevations range from 1008 in the north portion of the site to 978 in the southeast corner. The site drainage generally flows from the north to the south with the exception of a drainage easement located in the west side of the property near the middle. B. Vegetation The project site is open with very sparse vegetation, except for a small group of trees in the extreme northwest corner and for the portion of the site within Lots 3 and 4 of Ridgewood East 3rd Addition that is heavily wooded. iC. Soils and Ground Water The soils, based on the Sherburne County soils survey, consist of sand and gravel. The open portion of the site appears to have been mined. Soil borings will be obtained to provide more detailed information on soil and ground water prior to construction. D. Wetlands A formal wetland delineation has not yet been done. The wooded area north of 194th Avenue contains two depressions, which may be wooded wetlands. V. STORMWATER MANAGEMENT The development plans show two stormwater basins for treatment and rate control of surface water runoff. These would comply with City standards. Based on the granular soils, these basins would not hold water unless they are lined. Unlined basins could serve as infiltration basins, if desired. The site has three existing drainage easements. These would need to be vacated and new easements provided at locations compatible with the development plan. Due to the flatness of a majority of the site and the granular soils, the drainage patterns • 2 C:\Documents and Settings\DPertl\Local Settings\Temporary Internet Files\OLK9\Morcon-Elk River Dev Narrative.623.doc are not well defined. The Applicant will work with the City staff to establish the • criteria for storm drainage facilities consistent with City standards. VI. SITE GRADING The majority of the site is relatively flat, which is conducive for commercial development with large buildings and parking areas. The most extensive grading will be in the south portion of the site, which contains two depressions and the excavation to construct the proposed stormwater basins. VII. WETLAND ALTERATION The formal wetland delineation will determine if the two small wooded depressions on the north side of 194th Avenue are wetlands. The concept development plan would require filling of these depressions. Wetland mitigation, if required, would be provided on the downstream side of a stormwater basin. VIII. TREE PRESERVATION AND LANDSCAPING The existing trees in the northwest corner of the site would be removed for the proposed street realignment. The concept development plan shows preservation of a band of trees about 30 feet in width along the south and west sides of the south wooded area. The balance of this area would be graded for the • commercial development New trees are proposed in the street boulevard and islands in the parking areas. Extensive plantings in conjunction with berming are proposed along the west side of the development to provide screening. The landscaping would meet or exceed the City ordinance requirement. IX. STREETS AND ACCESS Access to the proposed commercial lots would be provided by proposed Holt Street NW, which would serve as a frontage road along Highway 169. This is a logical extension north of 194th Avenue NW at the south side. On the north side, realignment of 197th Avenue is proposed to eliminate the jog at Irving Street. Irving Street would also be realigned to provide a standard four-way intersection. The intersection would include the turn lanes necessary to facilitate traffic movement. No site access will be required from Irving Street or 194th Avenue. X. SANITARY SEWER AND WATER SERVICE Sanitary sewer service will be provided by extension of mains on Holt Street from existing sewer at 193rd Avenue. Watermain will also be constructed on Holt from 193rd Avenue. Watermain will also be extended from an existing main on the • 3 C:\Documents and Settings\DPertl\Local Settings\Temporary Internet Files\OLK9\Morcon-Elk River Dev Narrative.623.doc east side of Highway 169 to provide a looped watermain. Additional mains will • be extended into each lot, as required, to provide service and fire protection. Xl. CONCLUSION Morcon Real Estate and Development, LLC is proposing a development that addresses the concerns of project neighbors, minimizes tree removal and land alteration, and complies with all City requirements. • • 4 C:\Documents and Settings\DPertI\Local Settings\Temporary Internet Files\OLK9\Morcon-Elk River Dev Narrative.623.doc • hood commercial node These neighborhood-oriented Community Commercial are .• •e a con- venience shopping alternative to adjacent n-'._- _. - . :y locating convenience type services closer to nei••ti, •.•s, vehicle trips that would otherwise by destined for •- . ense commercial uses along Highway 169, are reduced and •ents benefit by a higher quality of life do to less time coping with traffic. Highway Business The Highway Business land use contains the most intensive Eorm of commer- ;,<:.�*. �,.,�, �. :• '=.2..,:!...-$�-�� . cial development in Elk River. Businesses in this category may be the largest a , . »;a . >,« ." r - ., both in terms of size and traffic generation. Market orientation tends to be ' :.ri r.. , ; -.',,,4 >_ regional in nature. Development orientation tends to be toward regional high- -, .•.,f •1"1:- ways. Future Highway Business development should be located within the * " ----- Urban Service Boundary. Examples of Highway Business uses include dis- count retailers, grocery and general merchandise. Coborn's Superstore is an example The Highway Business land use follows the Highway 169 and Highway 10 of a highway business use that is corridors. On 169, the majority of land adjacent to the highway between the regionally oriented. Highway 10 interchange and 197th Avenue is guided for Highway Business. On Highway 10, the Highway Business area extends from the 169 interchange to 165th Avenue. A small area of Highway Business use exists along Highway 10 at the west and east ends of Elk River. Of these areas, the only substantially III/ undeveloped land lies on the north side of Highway 10 between 165th and 171st Avenues. An important planning issue is providing new areas for to accommodate in- creased demand for retail services. The proposed Land Use Plan provides for Highway Business commercial growth at the following locations: • New interchange on Highway 169 and County Road 33. • Area around intersection of Highway 10 and 165th Avenue. Light Industrial NY, . The Light Industrial category includes industrial uses that are lower in inten- .'•4-y.:.,-,".i !.. sity of activity. These uses limit potential for adverse impacts on adjacent land '' " •-f"" `'; ' :'; • -i" i uses due to factors such as noise and odor. Examples of Light Industry -: . :1'' "`"4''i are offices, enclosed storage and warehousing, research labora • ' and light •-'23R„ -,_ _____--- manufacturing. The Land Use Plan contains the fo - • g areas for Light Industrial land use: .. Adial. • North of • - y 10 at the eastern edge of Elk River (consistent with Light industry includes places to t plan). work in a business park type setting. • • Both sides of the Highway 10 corridor around the intersection (poten- {{�� Building the Future -A Comprehensive Plan for Elk River 4.11 River— • 1111111111111111/1v ...,:iiirMliii..... ,, I, tip` •'?•� 271ST AVE '` ppl. a -.Y4_,,,-:if .,-,, a .'1' ,,1.'. - rt,: t� ::a t. r17 ri+- iS + s : "' poor 4 }. , tb ,, u .w_1,' f' i�;...i!, 1 mai z' 'Er far,' /I . .:0 .. : a 00,-- ' -,, . 1', .-amir.47,••41b.,..i.„,... ,-., ,--, . I h'' ' ri-4,. ,:i c, '-' '-' tk:i�ry N Ljt.- ' ;i "' . `t:� 1►{l���vrlr '\� 1'� n;\ �- \1Y1.1� /�M M _ �' -"•\; ...-illl■ y'� r�1► 11 t im AVE NW t.? _ _ I fit • ...,..,._1,•,,,,,,,.-:;41,e;7,!_i,,,..:,-..— \ , , , :- 4;1. .:.,.,, -,, .:.:1: ,..4:,,, ';Z' , ` argr - .i"� + - , 44" .416 316 ,' .p ,-'� Lige tAgend ®Open Nailer ``• ,.•,,,,:?.._ Elk Weer Parcel 12_02_02 rfetl,. ' t' Land Use Rural Readeneal �' c ,V • UrbanResrdenbal �- : -t,',.'4",,.', ; `:4i -;.a, iv' -Hrph Density Resrdenbil s :k` ` _____C-‘-',-"'r.,,,..'-1...r....• _Central 6usnoss District(Commercial) OM Community Commercial ;,i.V: ,-,,,,7'17:,:?..,,,,,,'i '., .r� MI Highway Business Commeraal �`t,',+ ,Y, •.'",A ^,Ae' �a,''� , t�Light Industrial w_�- ▪ Medium Industrial ; ,�,;', ▪ Pubic/Semi-Public ''44. . �, �j Q Landfill . •_.N'''',,,,,,,,,,' 1� - -�nSW« N `' .7,1 ., 1111 Wetlands/100 Yr Flood Plain hTi t 0 0-5 1 moesMIN We-developed • Figure 4-I Existing Land Use(2002) Building the Future -A Comprehensive Plan for Elk River 4*2 —River Building the Future A Comprehensive Plan for Elk River • The Market Trends concept introduces a new"Mixed Use"land use. This use follows the current trend towards both area and building mixtures of residential and commercial or office uses. The proposed location of this use lies northwest of the park and ride/ commuter rail station. This use creates the opportunity for a mix of housing,jobs and services with proximity to transit. Issues 1. The Urban Service District should become a fixed service area. This approach allows for better long-term planning of land use and utilities. 2. The Market Trends Concept increases residential development potential within the Urban Service District. The additional traffic increases the need for more commu- nity-oriented roadways. One key improvement shown in this concept is the re- alignment of County Road 33 to connect with County road 31/Viking Boulevard. 3. There is a lack of east-west transportation corridors. The majority of traffic from current and future development in eastern Elk River funnels into the Main Street/ 169 intersection. This intersection does not have the capacity to accommodate future development without supporting street system improvements. The current street system is also not designed to facilitate movement east of 169 at the School Street, Jackson/193rd or 197th Avenue intersections and similar problems exist west of 169. Good east-west movement is only provided at School Street and High- . way 10. f. The large tract of land in northeast Elk River(on County Road 33)shown as Open Space in the Current Plan appears as Rural Residential is this concept. This change not mean that a large community-scale park has been eliminated, but rather the location of such a park is not specified in the land use concept. Commercial Pattern • The Market Trends Concept recognizes that the combination of regional highway cor- ridors and continued residential and economic growth produce demand for commercial development in Elk River. Viable sites are needed to capture this demand. The vacant land south of 197th Avenue and west of 169 is guided for Highway Busi- ness. This property is a logical extension of the existing commercial district.A node of Highway Business use is also proposed at the County Road 33 and Highway 169 planned interchange. If viable alternative industrial development locations can be provided,the property south of Home Depot may be better suited to Highway Business uses than its current indus- trial use. The location has good visibility and a supporting roadway network. The area is also adjacent to new higher density residential neighborhoods. Other commercial development aspects of the Market Trends Concepts are the same as in the Current Plan Concept. • Page 2 Market Trends ConceptHoisinon Koegler Group inc. H 1C g I i Building the Future A Comprehensive Plan for Elk River Issues 1. Commercial development west of 169 and south of 197th Avenue must consider the need for supporting streets. The signal at this intersection provides access from the highway. Additional traffic should be anticipated from Holt and Irving Street in the south. East-west access to this site is poor. 2. Similar access issues exist for the node at 169/33 where access is also provided from the highway but not from the local street system. 3. Additional commercial development south of Home Depot adds to the traffic prob- lems at the Main/169 area. These flows may be preferable,however,to the traffic from certain types of industrial uses. Industrial Pattern Given the quantity and variety of industrial options available in the Current Plan, it is not anticipated that market forces will cause significant changes in the industrial land use pattern. One area for potential change is the gravel mining district north of CR 33. Additional dustrial uses(probably Light Industrial)would be compatible with the setting and the ier planned land uses. The Cargill property is currently 20-year use agreement with the City. For this reason, the property has been placed in a new land use category of"Agriculture Research". If market forces push for a change in this land use,an amendment to the Comprehensive Plan will be required. The City would be able to consider then current circumstances in evaluating land use decisions. A similar approach is used for the portions of the gravel mining district not guided for development. It is possible that gravel mining will continue in this area for 20 years or more. The nonindustrial portion of the mining district is guided for a new category of "Mineral Extraction". Like the Cargill property,this area cannot development without a change in the Comprehensive Plan. Issues 1. Market pressures could challenge local plans for industrial development. The lack of vacant commercial land may increase investor interest in land planned for indus- trial uses. Public Investments 1. The construction of infrastructure for new subdivisions will be self-funding. Costs of sanitary sewer lines, water lines, storm water management systems and local streets will be borne entirely by new development. • Page 3 Market Trends Concept H K Hoisington Koegler Group Inc. g 1, Public Meeting #3 Results October 15, 2002 • • Maintaining natural areas/private open space in Group 2 neighborhood for wildlife habitat • Business/industrial growth needed to expan. tax 1 Strengthen "Works to achieve the vision" to allow and employment base greater public input into decision-making process, • Preservation of natural resources so that citizen's voices are listened to and incorpo- • Controlling traffic flow within and throu,, the city rated into decisions. • Adopting the plan that comes out of th- ask Force and the planning process (not what 'appened last Group 3 time) • Industrial growth 1. Address the pace of growth 2. • Make sure we separate industri, and housing More emphasis on preserving open space Self-sufficient economy 3. More emphasis on expanding tax base •• Preserve natural resources 4. City to citizen communication (improve) Group 4 17. Development decisio always balance private 1. Statement to preserve country feel interests with public obj ctives. As a general rule, 2. which side of the scale s most important? Average Limits on urban areas and number of developments rating 80. 3. Maintaining a variety of land uses 4. Lack of industrial/professional development 2t3, - bTopic#2 -Commercial Development 4 iramrw- 4 Future land use plans need to provide more area for 2 IA11117M. MEV commercial development. Use the map at your table to • o �7 !7 show where new commercial should be planned. Lo- n � x $ cations may be new development on vacant land or the redevelopment of existing commercial areas. Reach agreement in your group on the five most important a ' ° goods and services to bring to Elk River in next 10 to 20 years. What does the community need? What can ° be supported? Group 1 Group Discussions The remaining discussion topics at the Public Meeting Five most important goods lid services: Grocery store occurred in small groups (five groups). Each group was (on west side), retail (ie - Kmart) (on west side), men's asked to review, discuss and respond to four topics clothing, fine dining restaurant, and More extensive public transit (locally) (bus) Topic#1 -Vision Statement T,ocations: West side (along Highway 10). Each group was asked to review the draft Vision State- ment and to suggest specific additions and deletions. Group 2 Group 1 Five most important rods and cervices: Restaurants (upscale), consumer electronics, medical facilities (hos- 1. Add to second bullet under "Distinct Identity" the pital), men's and women's apparel, and sporting goods. Mississippi River as a distinct and important re- source. (Keep the focus on the rivers; Elk River is Locations: Four quadrants around 169 and Main Street a river town.) and along Highway 10 east of 169. 2. Delete water treatment in the "safe place" category • and place in 1" bullet of"maintain environment" • Group 3 J,ncations. Potential bridge locations at east and west Five most important goods and service: Sporting goods edges, extend County Road 13 south to 10, improve store (Cabellas or Gander Mountain), book store (Barnes CSAH 12/Main Street/Mississippi Road as an east/west & Noble), and grocery store. collector, extend County Road 40 west to County Road 35 as an east/west collector, extend (straighten) County *T.orarions: South of 10 and north of 173rd Avenue NW, Road 33 as an east/west collector, extend County Road west of 169 and south of 197th Avenue NW, north of 21 (221" Avenue NW) as an east/west collector, and 10 and 171" Avenue NW, south of 10 on west side. extend County Road 1. as north/south collector NO additional development at 169/Main Street Group 4 Group 3 Five most important improvements.: Artery improve- Five most important Sods and services: Fine dining, ments to better link West Elk River to East Elk River book store, department store, electronic store, and fain- and improve traffic flow at Parrish Avenue Bridge and ily oriented establishment. Main Street in Old Downtown Section J.orations: None shown. Locations: Parrish Avenue Bridge, School Street from Group 5 Jackson to Proctor, and new road from County Road 33 southwest to CSAH 1 (at Meadowvale Road). Five most imnortant goods and services: Bookstore, fine Group 4 dining (sit down) (in downtown area fill a vacant area), and health club (ie YMCA). Five most important improvements: 193 to Tyler. T.orations: Downtown and west of 169 and south of Locations: Connection from 193`d Avenue east to Tyler, 197th Avenue improvement on CSAH 13 north of County Road 40, and extend CSAH 21 west to 169. Topic#3-Traffic and Transportation Group 5 Traffic is one of the important issues raised throughout Five most important improvements: Maintain east-west the process. Identify and list the five most important connections to both sides of 169, RR tracks in Elk River physical transportation improvements needed in Elk need overpasses, turn off lane of CASH 1 into Lafayette River within the next 10 to 20 years. Show locations Woods; intersection of CR 33 and CSAH 1 along w/ on map others, and service roads on major highways. Group 1 T,ocations: None shown Five most important improvements: Commuter rail, Bypass to the east side of Elk Rive (freeway - no/lim- ited accesses), eliminate traffic lights on Hwys 169 and Topic#4-Future Development 10 - address frontage roads, pedestrian friendly, and Under current growth trends, the "east side" could be Highway 10 alternate south of the River. fully developed within 20 years. (All "vacant" land built upon) Should the Comprehensive Plan allow this? Loco tions: None shown Group2 • Yes, see factors below No, see factors below • Five most important improvements.: Limit the interac- No Consensus, see factors below tions between the rail lines and roads, more well de- • fined primary collector roads throughout ER, add a new Discuss, reach consensus and list five key factors in your bridge over the Mississippi, and improve the way Main decision? Street flows east to west through the city. --! • S 1 ivI11 1 4111 11 il131 Al11i11 tali it1J11 t11) _t i � 11 _ 11� � yli11I plI il � ll11Lil11 111s1111 1 /L_i * ----—_ --''"Vi;--7 •Im • - llit....\4 1 , G W _ 1 �I I ar..1 , , if\ - 41 t i f f w I , ___. ... 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' 1 1 i .... No, "!_i \.,,,_ _., -: i -._ — j I `\ - I ''' is ,..., ., . , 1 - -,,,,,,.',,,',, 1 , -‘-' 1 , ,,,,,,..„:, 1 1 \I ..-„ , ...,__ t ....- --.:„:-, 1 1 : - II ...„ti , _.:,,,... r, lk -- ,---I °�' �- 1N. \ # 1 ..,, , ,, N.:., , \ a f�. .- . ' I O jI Ill*, ! 1 --'-*--' River - _ j - �� ° -- N. ....1_____T___1000 2000 i 1 I II = ' III1 'I a.� •,. 003 ���r. t aV4•'s.,, INFORIUMON • MEMORANDUM TO: Economic Development Authority FROM: Paul T. Steinman, Director of Economic Developmen DATE: January 13, 1997 SUBJECT: Strategic Planning PURPOSE OF MEMO The purpose of this memo is to outline the discussion items for the • EDA special meeting on Monday, January 21, 1997. II. OVERVIEW In December, 1996, the Strategic Planning Task Force requested that the EDA undertake the task of outlining an action plan and recommending such action plan to the Strategic Planning Task Force. At its last special meeting, the EDA undertook a discussion of eight alternate areas which could be appropriate for business and industrial park development. Regarding each of these eight areas, the EDA felt it was appropriate for staff to identify criteria indicating the advantages and disadvantages as business park or industrial sites. Additionally, staff indicated that it would have available at the next EDA special meeting, a concept of an industrial base action plan for review by the EDA. III. PRIMARY ISSUES TO CONSIDER • What are the criteria for each of the areas identified by staff? • Strategic Planning January 13, 1997 Page 2 Area 1 - Proposed Business Park Zoning. 65 Acres 0 Bordered by business park property on the north and residential properties on the south, east, and west side. 0 Contiguous to TO acre BP on north. 0 Meets topographical constraints for development, i.e. flat, no wetlands, etc. 0 Appropriate buffer by berming and landscaping may be provided on south and east sides of property. 0 Waco Street and County Road 30 provide a physical separation to residential areas. 0 Transportation challenges regarding businesses accessing the Minneapolis/St. Paul metro area. 0 May not be convenient for distribution type of business. 0 Single owner. 0 Previous concern of property owner regarding how BP fits with surrounding area. 0 Planned signalized intersection at Waco Street and Highway 10. 0 Good access to St. Cloud and west markets. • 0 Sewer and water may be extended to serve area. `—� Area 2 - Proposed Business Park (BP) Zoning, 17 Acres 0 High visibility site. 0 Immediate access to Highway 169. 0 Planned signalized intersection at 197th. 0 Surrounded on north, west, and south sides by residential uses and religious facility. 0 Adjacent neighborhood was previously concerned with proposed commercial development in Area 2. 0 Vacant, no environmental constraints, fairly easy to develop. 0 City services to be extended from 193rd along Holt Street. 0 Single owner. Area 3 - Proposed I1 Zoning, 33 Acres 0 Good access, transportation. 0 Property owner issues relative to rezoning. 0 Multiple property owners. 0 Existing residential homes (approx. 3) • 0South half wooded - sensitivity to natural environment. 0 Adjacent to current Il area (Industrial Hardfacing). Strategic Planning January 13, 1997 Page 3 • 0 Physical separation on west by County Road 12. 0 East separation by large wetland and proposed road. 0 Utility timing is dependent upon Council desire to extend utilities east and commercial and residential development pressure. 0 Land Use Plan currently identifies area as Light Industrial. Area 4 - Proposed II Zoning, 8 Acres 0 Transportation/access challenges. 0 Wetlands/ditch along west side of property. 0 Primarily vacant with an office in the northwest corner. 0 Long and skinny site. 0 No room for frontage road. 0 Possible Highway 169 access (right in/right out). 0 Access off of Main Street. 0 Utilities are available. 0 Single family to west. 0 Two property owners. 0Adjacent on south to treatment facility and UPA • 0 May require soil corrections. Area 5-Proposed I1BP Zoning, 24 Acres 0 Parcel is part of proposed commercial development of Earl Hohlen property. 0 Good access potential and visibility. 0 Single property owner. 0 Development challenges, i.e., wetlands, power lines, possible soil corrections. 0 Utilities not presently available. Area 6 & 7- Proposed II Zoning, 102 Acres 0 Multiple property owners. 0 Two residential homes. 0 Possible rail access. 0 Areas to be rezoned dependent upon road alignment and natural features of site, i.e., wetlands, trees, etc. 0 Developmental constraints, i.e., UPA lines, wetlands, natural gas, and possible soil conditions. • 0 Transportation is good if corridor concept is constructed as shown. Strategic Planning January 13, 1997 Page 4 • Area 8 - Proposed BP Zoning, 190 Acres 0 Good visibility and access. 0 Signal planned at 165th and Highway 10. 0 One residential home/business. 0 Adjacent to BP on northeast. 0 Adjacent to river on southwest, river side may be more appropriate for housing. 0 Currently within Wild and Scenic River District, boundary of which is currently being reviewed for modification. 0 Single owner. 0 Timing of utilities to site will drive development (5-10 years?) 0 Definitely a '`future" business park area. 0 Appropriate land use mix, frontage road issues, etc. should be considered. • What would be a sample action plan based upon the concept of developing the existing BP/I1 areas, in addition to the eight alternate areas identified by staff? Staff will hand out at the meeting a sample action plan which, • based upon a phasing approach, will identify a time period for rezoning each of the eight alternate areas. In addition, the action plan provides detail regarding development and marketing of the existing appropriately zoned areas in addition to the eight alternates. The action plan will be in concept form only and is intended to provide a basis for EDA discussion regarding action steps, timing issues, and identification of people/groups responsible for completing each action item. This action plan, once modified by the EDA, will be presented to the Strategic Planning Task Force for its review and modification, if necessary, prior to being included as part of the strategic plan which will ultimately be presented to the City Council. • What are overall percentages of Il/I2BP zoned area in Elk River? 1.) Total Urban Service Area = 8,324 ac. I1 = 700 ac. or 8.4% I2 = 132 ac. or 1.6% • BP = 233 ac. or 2.8% Strategic Planning January 13, 1997 Page 5 • 8 Alternate Areas = 440 ac. or 5.3% 2.) Total City Area = 28,052 ac. Ii = 850 ac. or 3.03% I2 = 616 ac. or 2.20% BP = 440 ac. or 1.57% 3.) Other Communities: Fridley = 22.1% industrial Eden Prairie = 6.0% industrial Brooklyn Park = 7.0% industrial Bloomington = 8.2% industrial Golden Valley = 7.7% industrial Richfield = .6% industrial Roseville = 8.7% industrial St. Louis Park = 5.5% industrial Metro Area = 12.6% industrial IV. CONCLUSION III In conclusion, the EDA will likely complete its strategic planning activities at this meeting. The EDA's alternate area analysis and action plan will be presented to the Strategic Planning Task Force on February 5, 1997. It is anticipated at that time the Strategic Planning Task Force will also review recommendations on an action plan made by the HRA regarding the number 4 priority issue - Downtown Redevelopment. Upon completion by the Task Force, the strategic plan will be presented for review and modification, if necessary, and acceptance by the City Council. Staff will then begin to initiate implementation of the action steps as identified within the plan. EDA members are asked to bring with them to this meeting, the map which was provided in the last packet identifying the eight alternate areas. III \\elkriver\sys\shrdoc\eda\meetings\stgcpin.doc SPECIAL MEETING OF THE ELK RIVER • ECONOMIC DEVELOPMENT AUTHORITY HELD AT THE ELK RIVER CITY HALL WEDNESDAY, JANUARY 6, 1997 Members Present: President Gongoll, Commissioners Duitsman and Dwyer. Commissioner Holmgren arrived at approximately 4:30 p.m. Commissioner Farber arrived at 5:20 p.m. Members Absent: Commissioners Bender Staff Present: Paul Steinman, Executive Director; Pat Klaers, City Administrator; Steve Ach, City Planner, Terry Maurer, City Engineer; and Debbie Kleckner, Recording Secretary Also Present: Daryl Thompson, Councilmemer; Bryan Adams, Elk River Municipal Utilities; Jim Brimeyer, Facilitator 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River Economic Development Authority was called to order at 4:17 p.m. by President Gongoll. • 2. Review Directive by Strategic Planning Task Force and Primary Meeting Objectives - Paul Steinman Paul indicated the primary goal for the EDA worksession is to complete an action plan to expand the number of acres of land zoned 1-1 (Light Industrial) and 1-2 (Medium Industrial) or Business Park to approximately 300 acres. Staff has identified 8 potential areas using the following criteria: - utility availability- present (0-1 year) and future (1-5 years) - current zoning/land use - surrounding land uses - market potential - transportation/access - topography - soil conditions (i.e. wetlands) Paul noted that ownership issues are not being considered in the criteria at this point. Commissioner Duitsman indicated the recommendations from the EDA will be provided to the Strategic Planning Task Force to aid them in their overall planning recommendations. 3. Eastern Area Plan -Transportation/Land Use -Terry Maurer 411 EDA Special Meeting Page 2 January 6, 1997 • Terry provided a map indicating the proposed transportation and utility corridor for the eastern area of the city, running south from the intersection of County Road No. 12 and 13 to 171st and crossing Highway 10. Terry explained the logic behind the proposed route, noting criteria such as topography, wetlands, existing roadways, zoning, etc. Terry noted that this transportation corridor ties in with the draft transpiration plan which has been in existence for approximately 5 years. 4. Proposed Industrial Site Opportunities - Steve Ach Steve pointed out the 8 areas identified as potential industrial sites. Staff chose these sites based on the criteria explained by Paul, and noted that all eight sites are within the urban service area. Steve explained that Areas 3, 5, 6 and 7 were identified largely because of their proximity to the proposed transportation/utility corridor. Discussion followed regarding the 8 areas identified by staff for possible industrial development: Area 1 (Wilson property) - Approximately 65 acres located north of County Road 30, between Waco and the Sandpiper Estates 2nd Addition Area 2 (Outlot A, Brentwood) -Approximately 17 acres located west of Highway 169, east of Irving Street and south of 197th Area 3- Approximately 33 acres located east of County Road 13 and north of IIICounty Road 12 Area 4 - (Hohlen property) - Approximately 8 acres located west of Highway 169 south of Main Street Area 5- Approximately 25 acres located east of Highway 169 and south of the existing Elk Terrace Mobile Home Park Area 6 - Approximately 18 acres located east of Highway 169 and north of the 177th Avenue alignment Area 7 -Approximately 85 acres along east Highway 10, south of the 177th Avenue alignment and west of Tyler Street alignment Area 8- 190 acres lying between east Highway 10 and the Mississippi River, located south of the 167th Avenue alignment and north of the Oliver Kelley Farm Steve noted that Area 8 property is currently zoned residential, and has access to Highway 10. This parcel could provide a large contiguous industrial/business park. River frontage could possibly be developed as residential. Discussion followed regarding each of the 8 areas. Commissioner Duitsman felt Areas 1, 6, 7 and 3 would most likely be developed first. Area 8 appeared to fall in the "long range" planning scenario. Commissioner Holmgren was concerned an industrial user in Area 1 would face traffic issues getting through Elk River and 111 felt the best use for that area would be residential. EDA Special Meeting Page 3 January 6, 1997 Jim Brimeyer explained the EDA needs to think about what types of questions the Strategic Planning Task Force may ask regarding the EDA's recommendations. 5. Business Park (West) Improvement Estimates -Terry Maurer The preliminary feasibility study for the western area indicates trunk utilities to the west will cost approximately$600,000. Transportation improvements including frontage roads and storm sewer to Waco Street are projected to cost$500,000- $600,000. Utilities estimates do not include laterals, nor do transportation improvements include internal roads between the frontage road and the County road. Terry noted a recommendation has not been made at this time regarding possible closure of the intersection at the County government center with construction of a frontage road. Bryan Adams asked if costs estimates have been done regarding telephone and natural gas. Terry explained these costs are generally borne by the developer. Bryan noted if the city were to become the developer, these costs estimates would become more important. Discussion followed regarding the possibility of the city entering into partnerships with a landowners to develop industrial property, holding assessments and outright land purchases. Paul discussed the phasing concept proposed by staff outlined in his Strategic Planning report dated 12/31/96. It was the consensus that Area 7 be included in Phase II, rather than Phase III as indicated in the report. 6. EDA Discussion • Commissioner Farber felt the city would face significant public opposition in trying .* to develop Area 2 as an industrial site. Pat indicated the property owner south of Area 1 would likely wait to see what the demand was for business park sites before developing his property, depending on the cost of assessments. Commissioner Dwyer stated he would prioritize the sites as 3, 5, 6, 7, 2 and 1. He suggested the area directly north of the Sherburne County Government Center, and north of Highway 10 be considered for industrial development. Paul explained the objective for the next worksession will be to formulate a sample action plan to rezone the recommended areas for industrial development. Consideration should be given to the type of development the city may find acceptable and what an affected landowner may find acceptable. Jim added that each site must be evaluated for appropriate uses. Steve noted the city already has approximately 100 acres of industrially zoned (business park) property in their inventory. Commissioner Duitsman suggested the property north of west Highway 10, east of Custom Motors be considered for industrial zoning. Discussion followed regarding the need for a frontage road and location of an intersection in this area. Jim suggested that each of the sites be evaluated with qualifications indicating what makes them an appropriate site, for presentation to the Strategic Planning Task Force. This will be accomplished at the next EDA Strategic Planning meeting. -- • EDA Special Meeting Page 4 January 6, 1997 S The second EDA worksession for strategic planning is scheduled for Tuesday, January 21, 1997 from 4- 6 p.m. 7. Adjournment There being no further business, COMMISSIONER DWYER MOVED TO ADJOURN THE MEETING. COMMISSIONER DUITSMAN SECONDED THE MOTION. THE MOTION CARRIED 4-0 The Special Meeting of the Elk River Economic Development Authority adjourned at 5:50 p.m. Respectfully submitted, Debbie Kleckner Recording Secretary • • City Council Meeting May 15, 1995 4. AN ADDITIONAL 17 FOOT OF RIGHT-OF-WAY ALONG COUNTY ROAD 32 BE GRANTED TO THE COUNTY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5- 0. 8.5 Dennis Anderson Request for Comprehensive Land Use Designation From Medium Density Residential to Highway Business. Public Hearing, Case No. LUA 95-04 8.6 Dennis Anderson Request for Rezonina from Sinale Family Residential to Planned Unit Development, Public Hearing, Case No. ZC 95-04 8.7 Dennis Anderson Request for a Conditional Use Permit for a Commercial Planned Unit Development, Public Hearing, Case No. CU 95-06 (this item will not be considered at this time). City Planner Steve Ach stated that Dennis Anderson is requesting a comprehensive land use plan amendment changing the land use from MR (Medium Density Residential) to HB (Highway Business Residential) for Outlot A Brentwood subdivision located on the southwest corner of 197th Avenue and Highway 169. Steve Ach further stated that Dennis Anderson is requesting a rezoning of the same parcel of property from R IC (Single Family Residential) to PUD (Planned Unit Development) based on the submitted concept plan. Steve Ach reviewed the staff report regarding these two requests. Steve Ach • stated that staff recommends that the City Council consider one of three actions: 1. Deny the comprehensive land use plan amendment and rezoning. 2. Recommend that the plans be revised by reducing the amount of commercial and send the applications back to the Planning Commission for consideration. 3. Approve the comprehensive land use plan amendment based on the concept plan with certain conditions. Steve Ach stated that the Planning Commission felt that the proposed development was too intense and created a traffic problem and would have a direct impact on the surrounding residential area. The Planning Commission voted to recommend denial of the requests. Mayor Duitsman opened the public hearing. Dennis Anderson owner of Outlot A stated that the planned use for Outlot A has always been some type of Highway use. He indicated that it is his intent to effect cs few homes as possible in the surrounding area. He stated that it has never been his intention to use Outlot A as residential. Ron Peterson. 11625 197th Avenue North, indicated his opcasition to the proposed request for rezoning and land use amendment. He indicated that at one point Outlot A was designed as a residential area. He further stated he felt that the commercial plan is inconsistent with the cncracter of the Brentwood subdivision. • City Council Meeting Page 7 May 15, 1995 • Ted Travica, 19702 Irving Street, indicated his opposition to the request for land use amendment and rezoning. He stated that the allowing of a commercial use would be an intrusion to the homes in the area. Mr. Travica provided a letter to the members of the City Council which will be made a part of the official record of this Council meeting. Dale Miller, 11795 196th Avenue NW, indicated his opposition to the request. He stated that he was told that Outlot A was going to be parks, townhouses, or single family dwellings. He indicated he would not have purchased a lot if he had been aware of the proposed commercial developments. Al Fischer, 11946 196th Circle, stated his opposition to the request. He indicated he had been informed that Outlot A was not intended for commercial development. He further stated that he would not have purchased his property had he been aware of the fact that Outlot A may be developed as commercial. Wayne Traaseth, 11707 194th Avenue NW, indicated his opposition to the request. He stated his concern regarding the amount of traffic that would be generated by the rezoning. He indicated that rezoning of the property to allow commercial development would devalue the surrounding residential property. Bob Sturgis, 11789 197th Avenue NW, indicated his opposition to the request. He stated that the Steering Committee has not yet reviewed the future commercial growth areas of the City. He further indicated his concern regarding traffic in the • area. Phil Johnson, 19440 Holt Avenue, indicated his opposition to the request. He indicated that a rezoning to allow commercial development would adversely affect the residential neighborhood. He further indicated that commercial development would require sewer and water and stated that the extension of sewer and water to his neighborhood would negatively affect his property. Mr. Johnson discussed the issue of traffic routes to access the mall. He stated that he is concerned regarding the safety of the children as residential streets would be used as routes to access the mall. Michael Fox, 11747 197th Avenue, indicated his opposition to the request. He stated that property values would be negatively affected. He further indicated his concern regarding the safety of the children and the value of the homes in the area. Jenny Stone, 19783 Lowell Avenue, indicated her opposition to the request. William Jones, 11763 194th Avenue, indicated his opposition to the request. He stated that he knows of no other cities that build mails next to residential areas. Rolfe Anderson, 19411 Irving Circle, indicated his opposition to the request. He stated that the intersection of 193rd Avenue and Highway 169 is creating a hazard for the children to cress Hignway 169. He indicated he would rather see residential development along the highway. • There being no further comments, Mayor Duitsman closed the public hearing. City Councii Meeting Page 8 May 15, 1995 Councilmember Scheel indicated that she is aware of several communities that i have built shopping malls next to residential areas. She stated that this is not an unusual case. She further indicated that according to a covenant for the Brentwood area dated 1981, Outlot A was not proposed for residential development. Counciimember Farber spoke of the concern regarding the impact traffic would have in the Brentwood area if the property were rezoned for commercial use. Counciimember Farber indicated that he did not feel that area warranted commercial development. He indicated he was opposed to the request. Councilmember Holmgren spoke about the decision of the Council to not want commercial development to the west of the City due to the Business Park and further indicated that there is no sewer and water to the east of the City along Highway 10. He indicated this leaves only Highway 169 for commercial development at the present time. He stated he felt this issue should go back to the Planning Commission for review and further stated that he was not convinced that Outlot A should only be developed as residential property. Mayor Duitsman stated that he felt commercial development could go up to 197th Avenue. He indicated that he is concerned about protecting the residents in the area with some type of a buffer from the commercial development. He further indicated he did not feel that Outlot A was a residential piece of property. Councilmember Dietz voiced his support for Planning Commission members and their review of this proposal. He indicated that he felt the City would also be • receiving a request from developers on the east side of Highway 169 to extend commercial development up to 197th Avenue. He further stated that he felt Outlot A was conducive to commercial development, however, he indicated that he disagreed with the proposed concept for a big box retailer in that area. Councilmember Dietz stated that Elk Park Valu Center is surrounded by two major roads whereas this property is surrounded only by one major road and residential property. He stated that because of that, he would like to see the developer submit a revised, down-sized concept. He stated that commercial development will go north of 193rd Avenue in this area as the City has a commercial site next to Holt Avenue that it plans to sell in the future. Counciimember Dietz stated that there muss be some type of buffer between large commercial development and residential areas. The City Council discussed the size of commercial building that should be proposed for Outlot A. After much discussion. it was decided that there would be no need for the developer to return to the Planning Commission with new plans. However, the developer should submit revised plans to the City Council for review. COUNCILMEMBER SCHEEL MOVED TO CONTINUE ITEMS 8.5. AND 8.6. TO THE JUNE 5, 1995, CITY COUNCIL MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-2. Counc;imembers Farber and Dietz opposed. S ( / ITEMS 8.5. , 8.6. & 8.7. MEMORANDUM tyofa� • Opp f A TO: Mayor y ikrRiv or and City Council FROM: Steven B. Ach, City Planner DATE: May 15, 1995 SUBJECT: Land Use Amendment and Rezoning Request By Dennis Anderson Public Hearing Case No. LUA 95-4 and ZC 95-4 ISSUE Dennis Anderson is requesting the following: (A) Comprehensive Land Use Plan Amendment changing the land use from MR (Medium Density Residential) to HB (Highway Business). • (B) Rezoning from R1 C (Single Family Residential) to PUD (Planned Unit Development) based on the submitted concept plan. *(C) The Conditional Use Permit request for a development plan is not being considered at this time. *This application will be reviewed if the rezoning is approved and a specific development is eminent. LOCATION Outlot 'A', Brentwood subdivision(southwest corner of 197th and Highway 169). ZONING/LAND USE Rlc (Single Family Residential) /MR(Medium Density Residential). ATTACHMENTS • Report to the Planning Commission dated April 25, 1995 • Letter from Brentwood resident • 13065 Orono Parkway • P0. Box 490 • Elk River. MN 55330 • (6121 441-7420 • Fax: (612) 441-7425 Memo to City Council Page 2 May 15, 1995 OVERVIEW • The attached report to the Planning Commission describes the background related to Outlot A, as well as staffs review of the applications requested by Dennis Anderson. Please refer to that report for a complete description of the applications. PROCEDURE Mr. Anderson's applications include a land use plan amendment and rezoning to planned unit development (PUD). Along with the rezoning application a concept plan has been submitted to assist the Planning Commission and City Council in considering the change in zoning from R1C (Single Family Residential) to PUD (Planned Unit Development). One of the benefits in considering a rezoning to planned unit development, the City Council may approve this rezoning based on the submitted concept plan and attach certain conditions to mitigate impacts upon adjacent properties which may result as part of the development. The rezoning process to a planned unit development is slightly different than a traditional rezoning. The primary difference lies within the rezoning based on a"conceptual" development plan. To mitigate impacts the development may have on surrounding properties and still allow the development to fit within a particular location, certain conditions can be attached to the concept plan as part of the rezoning. Conditions such as the following: • Increased landscaping areas (i.e., 50' to 100' setback areas) • Maximum building size • Signage standards • Specifying types of uses • Density of development • Architectural standards for each of the buildings are just a few examples of what may be included in considering a planned unit development. If the rezoning and "concept plan" (with conditions) is approved by the City Council, the next step is for a detailed review of the proposed development. This typically occurs when an actual user for the property steps forward. This step is administered through the conditional use permit process, involving public hearings before the Planning Commission and City Council. If the specific development plan is consistent with the "concept plan" (as approved with the rezoning), the Council will be in a position of having to act affirmatively. The rezoning will have already granted the property owner certain rights that may be difficult to deny at this point in the process. • s:council:1ua95-3 Memo to City Council Page 3 May 15, 1995 PLANNING COMtiIISSION RECOMMENDATION • The Planning Commission felt the proposed development was too intense, created a traffic problem, and had a direct impact on the surrounding residential area. These concerns, along with comments presented by residents and findings outlined in staff s memo, were the basis for denying the land use plan amendment and rezoning request. Prior to this recommendation, Commissioner Kreger suggested tabling the application and having the applicant meet with the residents to modify the proposed plan. Commissioner Kreger offered a list of suggestions in revising the plans, however, this suggestion was not supported by the Planning Commission (please refer to the Planning Commission minutes for further details). STAFF CONCLUSIONS After reviewing and giving full consideration of the land use plan amendment and rezoning, staff submits the following conclusions: • The proposed development has characteristics of a regional retail business and is therefore, too intense for this particular parcel. This type of development would better serve the community in another location where making infrastructure • improvements will create less of an impact on surrounding properties and/or necessary improvements may be planned for sometime in the future. • The proposed rezoning and land use plan change would impact the character and integrity of surrounding residential areas. • The necessary transportation improvements, including a frontage road extending north of 193rd to the development, would be detrimental to the four single family homes along Holt and others in the general vicinity. • An alternative development for Outlot A with land use other than commercial may not require a frontage road and be more compatible with the.surrounding area. • The Steering Committee has not yet identified the commercial and industrial growth areas and, therefore, this proposal may be inconsistent with the comprehensive plan's goals and policies. • The subject property is separated by an existing residential area from the commercial corridor south of 193rd; therefore, the rezoning and comprehensive plan amendment to commercial would not be a logical extension of the regional-type commercial developments that are occurring south of 193rd Avenue. • s:counctlaua95-4 Memo to City Council Page 4 May 15, 1995 RECOMMENDATION It is recommended that the City Council consider one of the following: 1. Deny the comprehensive land use plan amendment and rezoning based on the findings mentioned above. Recommend the plans be revised by reducing the amount of commercial and send the applications back to the Planning Commission for consideration. 3. Approve the comprehensive land use plan amendment to HB (Highway Business) and rezoning to PUD (Planned Unit Development) based on the concept plan with certain conditions. The City Council may wish to consider the following conditions for the concept plan: 1. The green space along Irving Street be a minimum of 40 feet wide and include a 5' to 6' berm with extensive landscaping, providing a natural buffer between the commercial project and residential area. 2. Signage for the development should be designed to minimize the possible impact on surrounding residential uses. The following guidelines should be followed: • • No wall or free-standing signage be permitted along Irving Street and 197th Avenue. • One free-standing sign be allowed for each developable lot. • Free-standing signs be of a monument style with a maximum height that will be sensitive to the surrouding area and consistent with recent developments along Highway 169. 3. All loading berths/areas be screened 100% from all residential properties and public rights-of-way. 4. Storm water retention areas be constructed in location(s) that will not require the removal of trees. Furthermore, retention ponds within setbacks/landscaped areas along Holt Street should be discouraged. 5. The planned unit development include the development of only Lot 1, Block 2, and be limited to one "big box" general retail user. If a multi- tenant strip center is considered at a later date in place of the single user, an amendment to the concept plan must be reviewed by the Planning Commission and City Council. • s:council:lua95-4 Memo to City Council Page 5 May 15, 1995 • 6. No outdoor storage, displaying of merchandise, or open sales area be allowed unless made part of and incorporated into the architectural design of the building. 7. Developer be responsible for paying fair share of all required off-site improvements in order to develop the subject property. These improvements shall be outlined and made part of the developer's agreement. 8. All parking lot and building lighting be down-lit and directed away from surrounding properties. 9. No vehicle access to Lot 1, Block 2, shall be allowed from Irving Avenue. If the City Council approves the land use plan amendment and rezoning applications, staff would suggest the Council direct staff to prepare the appropriate resolution and ordinance documents for Council consideration at their next meeting. • s:council:iva95-3 Planning Commission M.. ;res Page 3 April 25, 1995 5.2. Dennis Anderson Request for Comprehensive Land Use Designation from MR gOp (Medium Density Residential) to HB (Highway Business) I/1 5.3. Dennis Anderson Request for Rezoning from Rio (Single Family Residential) to PUD (Planned Unit Development Staff report by Steve Ach. Dennis Anderson has requested a comprehensive land use plan amendment to change the existing land use from Medium Density Residential to Highway Business. The property is described as Outlot A, Brentwood Subdivision, located at the southwest corner of 197th and Highway 169, approximately 17 acres in size. Also, Mr. Anderson has requested to rezone the property from its current designation of R 1 c (Single Family Residential) to PUD(Planned Unit Development). Steve Ach provided background information regarding Outlot A. He also described the concept plan submitted by Mr. Anderson which proposes a 119,000 square foot retail facility and a smaller convenience/gas station use at the corner of 197th Avenue. Steve reviewed questions for the Planning Commission to consider in reviewing the applications which related to the impact on the surrounding residential community. He also reviewed issues to consider related to the extension of commercial development in the community, transportation issues, and inventory of existing commercial property. Steve Ach provided comments on the site plan, streets/storm drainage/utilities, signage and proposed uses for the PUD. He reviewed positive and negative points regarding the proposed commercial use. Steve reviewed three options for • the Planning Commission's recommendation on this issue. Dennis Anderson, developer, stated he felt the site would be logical extension of the commercial zoning along Highway 169. He explained that a commercial development would benefit the community's tax base, as opposed to 40 single family homes in that same location. Mr. Anderson stated he felt he had been honest in dealing with buyers in the Brentwood Addition. Chair Kuester opened the public hearing. Dale Miller, 11795 196th Avenue NW, stated when he bought his lot from Dennis Anderson, he was told the outlot would be townhomes and park area. He also submitted a letter from Jim and Janet Berg, 19760 Lowell Street, stated they were told a similar thing. Ron Peterson, 11625 197th Avenue NW, stated he was the owner of the single family home immediately north of the subject site. He expressed his concern that if it was the intent for Outlot A to be used as a commercial site, why it was not rezoned ct that time rather than allowing expensive homes to built around the site and rezoning the property after Brentwood is aeveloped. Wayne Traaseth, 11707 194th Avenue NW, requested that the Planning Commission address the traffic situation on 197th and Highway 169, and also on Holt Avenue. He also requested that the yield sign on Irving ce changed to a stop sign before a tragic accident occurs. Mr. Tracseth questioned how many • times the developer can come bock with a rezoning request. City Attorney Peter ��r !T�'MS 5.2 , 5.3,&5.4. ¶11rRjver ..44.(\y MEMORAlNDUM .., p. TO: Planning Commission FROM: Steven B. Ach, City Planner4L-- DATE: April 25, 1995 SUBJECT: Land Use Amendment and Rezoning Request by Dennis Anderson, Public Hearing Case No. LUA 95-4 and ZC 95-4 Request Dennis Anderson is requesting the following: (A) Comprehensive Land Use Plan Amendment changing the land use from MR (Medium Density Residential) to HB (Highway • Business). (B) Rezoning from R1C (Single Family Residential) to PUD (Planned Unit Development) based on the submitted concept plan. *(C) The Conditional Use Permit request for a development plan is not being considered at this time. *This application will be reviewed if the rezoning is approved and a specific development is eminent. Location Outlot A, Brentwood Subdivision, Sherburne County, MN (southwest corner of 197th and Highway 169). Attachments • Memo from City Engineer, Terry Maurer dated April 19, 1995 • Zoning and Land Use Plan Maps • Concept Plan for proposed PUD rezoning • Attachment A - Minutes from previous Planning Commission and City • Council Meetings regarding Brentwood Subdivision • Attachment B - Information submitted by Dennis Anderson 13065 Orono Panic,\-av • P.O BOX -L90 • Elk River. :\LN 55.730 • (-)12.1 -L-L1-7420 • Fax. (612) .-1-41-7- Memo to the Planning Commission Page April 25, 1995 • Attachment C - Staff report to the Planning Commission dated June 27, • 1994 • Attachment D - Planning Commission Minutes dated June 28, 1994 • Attachment E - Steering Committee Minutes dated December 1, 1994 • Attachment F - Inventory of Commercial Property • Attachment G - PUD Ordinance • Attachment H - Goals and Policies from 1988 Comprehensive Plan BackR-round Outlot A of the Brentwood Subdivision, a vacant seventeen (17) acre outlot, is currently zoned Rlc (Single Family Residential) with an underlying land use of MR (Medium Density Residential). The Brentwood Subdivision was platted in 1980 into 101 single family lots with an average lot size of approximately 2 to 2 1/2 acres. The request involves a land use amendment and rezoning from R1c (Single Family Residential) and MR (Medium Density Residential) to PUD (Planned Unit Development) and HB (Highway Business). History of Outlot A Research into the Brentwood Subdivision shows that very few details on the 1111 future use of Outlot A were recorded. The minutes of the March 3, 1980, City Council meeting indicated that the future use of Outlot A was discussed. The applicant indicated at this meeting that "the plans for the use of the outlot were dependent on community demands and needs." However, the current land use and zoning designation indicate single family residential. Attached is a copy of this material along with other minutes relating to the platting of Brentwood. Overview The subject 17 acre parcel is a relatively flat with virtually no trees. The outlot is encompassed on all sides by residentially-zoned property. To the north and west, parcels are zoned Rla, which has a minimum lot size of 2 1/2 acres. To the east side of Highway 169, parcels are zoned Rle with a minimum lot size of 20, 000 square feet in size. To the south, Ric, which has a minimum lot size of 10,000 square feet. The primary access to the site is 197th Street and Irving Avenue via Holt coming from the south. Outlot A is the only portion of the Brentwood Subdivision which is currently planned for City services. However, this site . does not have City services available at this time. These services would have to be extended from 193rd and Jackson. Please refer to City Engineer Terry s.planning:pc-lua95.4 Memo to the Planning Commission Page 3 April 25, 1995 • Maurer's letter for additional information on traffic and utilities to serve the property. Additional Information Included in this report is a considerable amount of information the Commission should review before considering the applicant's requests. This information will not be discussed in detail; rather, may be referenced during this report. Land Use Amendment/Zonina The first item the Planning Commission shall consider is the land use plan amendment. The applicant's request would change the land use plan from Medium Density Residential to Highway Business. The second item the Planning Commission shall consider is the rezoning of the property from Rlc (Single Family Residential) to PUD (Planned Unit Development). The applicant has submitted a concept plan illustrating how the 17 acre parcel could be developed under a PUD zoning. This plan is a "concept", however; demonstrates some of the fundamental elements to • development of the site. For example, transportation, building size, buffer/landscaped areas and general utility information. When considering the rezoning requests the Planning Commission may ""tie" the concept plan to the PUD zoning. In other words, the rezoning and concept plan can be approved with conditions that will address infringement upon the surrounding residential, adversely impacting the transportation system and/or other facilities. The Planning Commission should refer to Attachment G which is the current PUD Ordinance and specifically review the Regulations section. This section outlines criteria for granting a rezoning to PUD. The Planning Commission may want to consider the following when reviewing these two applications: 1. The effect of the proposed rezoning on the comprehensive planning of the entire municipality. 2. The changes in community characteristics that may take place because of the projected land use plan change and rezoning. . 3. The relative effectiveness or ineffectiveness of the present zoning map and land use plan, and whether a justification for s:planning-pc 1ua95-4 Memo to the Planning Commission Page 4 April 25, 1995 change exists because of either special reasons or a change in conditions. 4. Whether the rezoning is designed to correct an improper situation or would result merely in the granting of special privileges. 5. How can the surrounding areas be protected to establish a compatible land use between the two uses. 6. Is the proposed concept plan adequate for the proposed site and what design elements could/should be made part of the project to eliminate impacts on adjacent land uses. 7. Have times and conditions changed enough to warrant a change in the use and zoning. In order to adequately assess the change of land use and zoning for the subject property, one needs to step back and ask a few "comprehensive" questions. 1. How far north along Highway 169 should commercial extend? • 2. Should the City, through comprehensive planning efforts, guide this type of commercial to other areas of the City? 3. Can a transportation system be designed to serve this development without impacting the residential areas? 4. Would this rezoning be in conflict with the goals and policies of the comprehensive plan? (Refer to Attachment H). 5. Does the City have an adequate inventory of available and future commercial opportunities without this rezoning? Concept Plan for PUD As mentioned earlier in this report, the concept plan is supposed to illustrate how the development can "fit" within a given area without causing undue hardship upon adjacent land uses and infrastructure. Staffs cursory review of the concept plans, as they relate to the PUD zoning, would include the following comments: 411 s.piammng-pc:1ua95-4 Memo to the Planning Commission Page 5 April 25, 1995 . Site Plan • The subject property is somewhat separated from the surrounding residential by 197th Avenue and Irving Street. With this roadway and a large landscaped area, the opportunity exists to maximize the separation between the proposed commercial and residential land uses. By reducing the size of the building on Lot 1, Block 2, and possibly shifting the building towards Highway 169, this "buffer" area can be further enhanced. • No loading dock locations are shown at this time. With a large retail business as proposed, a loading area will be necessary and quite active. Therefore, it would be recommended that all loading areas be located so they are not adjacent/visible to the homes on 194th Avenue nor from .Irving Street. • The green space along Irving Street (west) and towards the south should be maximized by increasing the width, berming and extensive landscaping. This will provide a maximum buffer to the surrounding residential area. • Based on the proposed building square footages, adequate on-site parking can be provided. Streets/Storm Drainage/Utilities • Please refer to the City Engineer's letter dated 4/19/95. • The proposed retention pond on Lot 2, Block 2 is in an area that is currently wooded. Rather than clearing trees to create a pond, every attempt should be made to utilize the opportunities upon the vacant land. However, buffer areas should not be compromised to accomplish these ponding needs. Sianaae • Once again, to protect the surrounding residential areas, no signage should be allowed on the south or west side of the building and property. • Freestanding signage should be designed to be compatible with the building's architecture. Furthermore, the maximum height and overall area should be sensitive to the surrounding area. • s:planning:pc:1ua95-4 Memo to the Planning Commission Page 6 April 25, 1995 Uses S • The proposed uses appear to be a large general retail business along with a freestanding gas/service station. The general retail may be appropriate; however, outdoor storage, displays, and open outdoor areas may present a detriment upon surrounding land uses. Furthermore, limiting the hours of operation may be a consideration for development. • The gas station/convenience store may not be appropriate at its proposed location. Lights, traffic and hours of operation will directly impact the home north of 197th. Analysis The proposed land use plan amendment and rezoning requested by Dennis Anderson has arguments which support the change to commercial as well as leaving the land use something other than commercial. Some of the positive results of commercial include: • The property is relatively void of any natural or major wooded areas allowing commercial development to occur without impacting these sensitive areas. • The property is within the current urban service area. • • Access off of 197th which connects to Highway 169. • The property has excellent visibility from Highway 169. • Although surrounded by residential zoning, only seven homes are adjacent to or immediately across the street from the proposed development. • Commercial development contributes handsomely to the City tax base. • If the project consisted of a "major tenant' (i.e. Big Box Retailer) it would strengthen Highway 169's commercial corridor. On the other side, there are also negatives to commercial beginning with: • It is currently zoned Ric with a residential land use, leading the residents in Brentwood and surrounding residential area to believe the property would be developed as some residential use. • Road improvements would have to made to accommodate the proposed development. Some of those improvements may impact existing residential homes and quality of life for residents. • The proposed project of approximately 120.000 square feet may be too intense for this particular property given its proximity to residential neighborhoods. • s-pianning:pc:'uaa5-4 Memo to the Planning Commission Page April 25, 1995 • • Rezoning of this property may lead to other applications for commercial which will stretch commercial development further north on Highway 169. Conclusion As the City Engineer points out in his memo, the infrastructure to serve the proposed development can be accomplished. Furthermore, the commercial development could incorporate design and buffering to minimize the impact to surrounding residential areas. However, all these improvements would be done at the expense of impacting a residential area. Therefore, staff submits the following conclusions: • The development is too intense for this parcel and would better serve the community in another location. • The proposed rezoning and land use plan change would impact the character and integrity of surrounding residential areas. • The necessary transportation improvements north of 193rd to the development would be detrimental to the four single family homes along Holt. • The Steering Committee has not yet identified the commercial and industrial growth areas and therefore, this proposal may be inconsistent with the Comprehensive Plan's goals and policies. • The rezoning and comprehensive plan amendment to commercial would not be a logical extension of the existing commercial developments south of 193rd Avenue. Recommendation It is recommended the Planning Commission recommend one of the following: (1) Deny the rezoning and comprehensive land use plan amendment based on the findings mentioned above. (2) Approve the applications with certain conditions to accomplish compatibility between the commercial and residential area; or, (3) Recommend the plans be revised to include a reduced commercial area and return to the Planning Commission at a later date for further 411/ consideration. s:planning:pc:1ua95-4 September 20, 1994 • Mayor & City Council City of Elk River 13065 Orono Parkway Elk River, MN 55330 SUBJECT: Oudot A Brentwood Honorable Mayor & City Council Members: The undersigned represent to you as former representatives of the City, that the plan, intention and understanding for this parcel was for it to be developed as Highway Business/Commercial property, when growth and services establish the need for its development. Also, it is our understanding that the proposed development responds to the statements and • desires of City Staff that Highway 169 be developed as the City's commercial, retail and highway business corridor consistent with past and present developmental land use. Sincerely, Frank Madsen Dick Hinkle - • To �� Arne Engstrom Planning Commission Minutes Page 4 Apnl25, 1995 fp. . ,, • Beck stated that a property owner has the right to request a rezoning at any time. Mr. Traaseth requested that the Planning Commission make a recommendation to deny Mr. Anderson's request. Al Fisher, 11946 196th Circle, stated that Mr. and Mrs. Anderson clearly stated that Outlot A would be used for residential purposes. He expressed his concern that the Solid Rock Church built without a permit, started a daycare center, and now has a full-fledged school in their residential neighborhood. He stated he sees no logic in rezoning the outlot to commercial. Mr. Fisher questioned why the road work is being done on Holt and how it relates to this project. William Jones, 11763 194th Avenue NW, questioned why the intersection is being torn up at Holt and Jackson for the second time. He also questioned why there are no berms by the Elk Park Center project. Greg Olson, 19726 Irving Street, stated his property is twenty feet from the intersection of 197th and Irving. He stated he would not have purchased his property if he had known Outlot A would be commercial. He felt the adjacent property owners would be heavily impacted by the PUD, which would be in violation of the City's criteria for granting a PUD. Ted Travica, 19702 Irving Street, stated his property would be directly impacted by the proposed commercial project. He expressed his concern for the trees that are being removed for development in the City. He stated Mr. Anderson's lb request should be denied based on the concerns of the neighbors. He also requested that the Planning Commission not allow Mr. Anderson to make further rezoning requests. Ken Williams, 19762 Brentwood Lane, stated that he has owned four parcels of property in Brentwood, and that he is a friend and neighbor of Dennis Anderson. He spoke on behalf of Dennis Anderson's character and integrity. Mr. Williams stated that he was made aware of Outlot A and its close proximity to the heavily traveled highway (Highway 169). At this time, the Commission, staff and Planning Commissioners responded to questions and comments from the public, as well as stated misconceptions about the government process. Chair Kuester explained that the Planning Commission is appointed, not elected, and that the members represent the City as a whole. She also explained that even if Mr. Anderson's request is denied, proposals for the site will likely continue until it is ultimately developed. Terry Maurer, City Engineer, stated that the initial work at Holt and Jackson was done in conjunction with the Elk Park Center project. Due to complaints, the alignment was changed to allow left turns from Jackson onto Holt, as well as left turns from Holt onto Jackson. Chair Kuester stated that trees have been an important issue for the Planning Commission and that their recommendations have not always been successful. Planning Commission ares Pcge 5 April25, 1995 Terry Maurer explained that Mn/DOT has agreed to allow access at 197th which • could be signalized, however, Mn/DOT does not have a signal programmed for 197th at this time. He stated the next logical signalized access would be County Road 33 and Highway 169. Ken Williams, 19762 Brentwood Lane, in response to comments regarding decreased property values near commercial development, cited information which indicated residential lots neer the Ridgedale Shopping Center having a value in excess of $200,000. He stated that Outlot A is not desirable for residential development with its close proximity to Highway 169. Wayne Traaseth, 11707 194th Avenue NW, stated that he felt high traffic counts from the development will have an affect on property values. Gary Kleis, 19815 Irving Street, stated that he is in favor of keeping Outlot A zoned residential, arid that the character of the neighborhood could be maintained if the property is developed as multi-family residential. Phil Johnson, 19440 Holt Street, expressed his concern that the proposed frontage road will provide a connection from this commercial center to the Target store, and the increased traffic will decrease his property value. He also was concerned that he would be assessed for city water and sewer. Mr. Johnson questioned the conflict of interest mentioned by Commissioner Kreger in the June, 1994 Planning Commission minutes and whether or not he intended to vote on this issue. Commissioner Kreger stated that his father's company built the roads in Brentwood and he was the foreman on the job. He explained that the • job was done approximately 15 years ago and it was his intention to vote on this issue at this time. Mr. Johnson cited reasons for denial of Mr. Anderson's request from the Planning Commission's 1994 minutes and stated he did not feel any of the conditions have changed since then. He stated that residents are concerned whether or not they should sell their property and when they should sell. Mr. Johnson stated that he felt the proposal is in conflict with the City's PUD ordinance. He expressed his concern that Mn/DOT would not put a stop light at 197th Avenue and Highway 169 until a sufficient number of accidents and fatalities occurred. Mr. Johnson questioned why the apartments were being constructed behind Central Lutheran Church if the City has a moratorium on multi-family development. Dwight Kirkeide, 11230 173rd Avenue NW, expressed his concerns that if residents threaten Mr. Anderson's rights as a property owner, their rights would also be threatened, and stressed that all property owners' rights must be respected. Harold Wilkinson, 19679 Lowell Street NW, stated he is not in favor of another stop light on Highway 169. He stated that when he and his wife purchased their land in 1984, they were told by Dennis Anderson's wife that Outlot A was probably going to be multi-family residential and possibly c park. He questioned why the property was not zoned commercial at the time of development. He asked the Steering Committee to let the current resicential remain. Rohif Anderson, 19411 Irving Circle, asked what would be allowed in Outlet A with its current zoning. He expressed his concern for pedestrians with children and . strollers crossing Highway 169. He stated that the traffic light does net allow Planning Commission Minutes Page 6 April 25, 1995 enough time for them to cross and they end up waiting in the median for the light to change. He felt that this is an unsafe situation, and that a similar situation will occur if another light is placed at 197th and Highway 169. He stated he does not feel Dennis Anderson's rights are being violated since he would be allowed to develop the property as residential. Kent Peabody, 11713 200th Avenue NW, stated that in contacting Mn/DOT, he was told there would not be any additional accesses on Highway 169 between School Street and County Road 33. He noted that there does not appear to be enough room to allow truck traffic on 197th. Paul Ostmoe, 19644 Irving Street, questioned whether there is a precedent in any metro area to develop a large commercial site in the middle of a residential area. Bob Sturgis, 11789 197th Avenue NW, expressed his concern that people have no way of knowing what intentions may be for a particular piece of property if it is not documented. He also expressed his concern that the property east of Highway 169 as well as Outlot A should remain residential. Perry Mason, 11847 196th Avenue NW, asked that the Planning Commission recommend that the City Council deny the request. Ted Travica, 19702 Irving Street NW, expressed his concern that people should not be threatened with the prospect of apartments if Mr. Anderson's request is denied, since high density residential would not be permitted within this zoning district. Robin Tuttle, 13390 Ranch Road, urged the Brentwood residents to follow this issue through to the end and also, to attend the Steering Committee meetings. There being no further comments from the public, Chair Kuester closed the public hearing. Staff and Commissioners gave the following responses to comments and questions that were raised by the public: -The apartment project behind the Central Lutheran Church was approved before the moratorium went into effect. -The precedent for commercial developments surrounded on three sides by existing residential in the metro area would have to be researched. -A complete berm along the Jackson Avenue side of Elk Park Center cannot be done and still save the trees. A combination of berming and trees will likely be done. -Outlot A is currently zoned single family residential; multi-family would not be allowed in its current zoning designation. Anything other than the uses allowed • under the R 1 c zoning would require a rezoning. Planning Commission M.. .,tes Page 7 April25, 1995 -Medium Density Residential zoning allows up to approximately 5 units per acre. 4111 High density allows up ' approximately 22 units per acre. -Roughly 377 acres are vacant for commercial development. However, much of this area does not have city water and sewer. -An access at 197th and Highway 169 is already in place. No "new" accesses onto Highway 169 will be allowed. -A conditional use permit is not required at this time for approval of a PUD rezoning request. The conditional use permit would be applied for if the rezoning was approved and a specific development plan was submitted. -The multi-family development moratorium is temporary and will be terminated when the Comprehensive Plan is approved. -A property owner will always have the right to petition their government for a legislative act, such as a rezoning. No property owner has a right to a specific zoning. Precedents have very little affect on decisions regarding rezonings made by local governments, as they are legislative acts. However, quasi-judicial actions such as conditional use permits where all conditions for approval can be met, may be somewhat affected by precedents. Also, the fact that a property owner may be able to develop a site at a higher return with a particular zoning, does not give him the right to that zoning. Highest and best use of a particular property is considered in comprehensive zoning and land use decisions, but it is not determinative in a rezoning contest. Commissioner Minton expressed his agreement that the proposed use is too intense for the site. He did agree that some type of commercial use may be best for the site, especially with proper buffering. He felt that sewer and water will come to the area eventually. He expressed his concern that the impact on traffic would be significant. He stated he supported denial of the request and would not be in favor of considering any future requests regarding this site until the Steering Committee has completed its work. Commission Minton stated that he saw no conflict of interest for Commissioner Kreger and would encourage him to vote on this issue. Commissioner Dillon stated that based on the information submitted and discussed, he felt that the traffic throughout the residential was a great concern and was in favor of denial. He also was not in favor of reviewing any more requests regarding the subject property until the Steering Committee has made their final recommendations. Commissioner Kreger estimated that approximately 68 homes could be built in this area. Steve Ach stated that a typical method to estimate the number of homes with 10,000 square foot lots is to use a density of 2.5 lots per acre, inducing roads and improvements; therefore, approximately 42 homes could be built on the 17 acre site. Commissioner Kreger stated that he would recommend the developer submit a revised plan incorporating the following information: -show the location of homes adjacent to the proposed commercial project on • the same map Planning Commission Minutes Page 8 April 25, 1995 • -need approximately 8 acres of green space including the pond (may include a neighborhood park) -need approximately 80% opacity screening on the west, south and north of the project. -a 100 foot strip along Irving and down 197th would be included in the number of required green space. This area would also accommodate approximately 3 rows of pine trees to meet the opacity requirements. -provide landscaped islands in the parking lot. -identify traffic control at the intersections of Highway 169 and 197th, Holt and 197th, Irving and 197th, the intersection of Irving and Lowell Street, and Holt Street and Jackson. -A map showing the location of Holt and the existing homes (how close to the street, etc.) -Address the driveway access for the neighbor to the north of 197th. -Park dedication requirements 411 -Letter from Mn/DOT regarding the location of a traffic light at 197th and Highway 169. -Re-address the potential traffic count based on the revisions to the design. -Re-notify residents of a public hearing on the issue. -Request that the developer attempt to meet with residents and/or interested parties regarding changes to the project design. -Suggest that a committee be formed including neighboring residents to work out the design of the project. Commissioner Tacheny stated he did not feel this type of commercial development was appropriate for the area. He stated he concurred with the other Commissioner's comments, especially regarding traffic. He stated he was in favor of a park or some other type of development. COMMISSIONER KREGER MOVED TO TABLE THE REQUEST BY DENNIS ANDERSON FOR A COMPREHENSIVE LAND USE AMENDMENT UNTIL THE DEVELOPER THE DEVELOPER HAS MADE A CONCERTED EFFORT TO FIND AN ACCEPTABLE SITE PLAN DESIGN THAT ADDRESSES THE ADJACENT NEIGHBORS' CONCERNS. THE MOTION DIED FOR LACK OF A SECOND. COMMISSIONER DILLON MOVED TO DENY THE REQUEST BY DENNIS ANDERSON FOR • A LAND USE AMENDMENT, CASE NO. LUA 95-04, BASED ON THE INFORMATION IN STAFF'S MEMO AND ALSO, BASED ON THE COMMENTS RECEIVED DURING THE PUBLIC HEARING. COMMISSIONER MINTON SECONDED THE MOTION. Planning Commission iv, res Page 9 April25, 1995 Commissioner Minton stated that he felt the Planning Commission would be 111111 willing to review a request for this site after the Steering Committee has completed their review of the Comprehensive Plan. THE MOTION CARRIED 6-1. COMMISSIONER KREGER OPPOSED. COMMISSIONER MINTON MOVED TO DENY THE REQUEST BY DENNIS ANDERSON FOR A REZONING FROM R1C TO PUD, PUBLIC HEARING CASE NO. ZC 95-04, BASED ON THE FACT THAT THE LAND USE AMENDMENT REQUEST WAS DENIED, AND THE INFORMATION IN STAFF'S MEMO. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 7-0. 5.5. City of Elk River Request for Code Amendment, Public Hearina Case No. OA 95-03 Staff report by Gary Schmitz. Gary updated the Planning Commission on the status of the zero lot line ordinance amendment. He stated that the City Attorney, Peter Beck, is working with him in drafting language for the proposed amendment, which will be presented at the next regular Planning Commission meeting. COMMISSIONER KREGER MOVED TO CONTINUE THE PUBLIC HEARING FOR THE ZERO LOT LINE CODE AMENDMENT, PUBLIC HEARING CASE NO. OA 95-03 TO THE MAY 23, 1995 PLANNING COMMISSION MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 6.4. PUD Ordinance Update i • Steve Ach noted a draft PUD Ordinance amendment will be presented to the Planning Commission at the workshop meeting. 6.5. Planning Workshop with City of Otsego Steve Ach distributed registration forms for this upcoming workshop. There being no further business, COMMISSIONER MINTON MOVED TO ADJOURN THE MEETING. COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 7-0. The meeting of the Elk River Planning Commission adjourned at 10:05 p.m. Respectfully submitted, Debbie Kleckner Recording Secretary `\.(J :NDA iTEX 5 . 3 i 1tyof �f r gOA{1j ��j""� J E�lAl • u diver MEMORANDUM TO: PLANNING COMMISSION FROM: GARY SCHMITZ, PLANNING ASSIST. G44"1 DATE: JUNE 28, 1994 SUBJECT: LAND USE AMENDMENT AND ZONE CHANGE REQUEST BY DENNIS ANDERSON, PUBLIC HEARING, CASE NO. LUA 94-05 AND ZC 94-06 REQUEST Dennis Anderson is requesting to amend the Comprehensive Land Use Plan from MR (Medium Density Residential) to HB (Highway Business). The request also involves rezoning from Ric (Single Family Residential) to C3 • (Highway Commercial). LO CATION Outlot A, Brentwood Subdivision, Sherburne County, MN (southwest corner of 197th and Highway 169) ATTACHMENTS Location Map, Zoning Map, Land Use Map, City Council minutes dated March 3, 1980, page V13 of the existing Growth Management Plan BACKGROUND Outlot A of the Brentwood Subdivision, a vacant seventeen (17) acre outlot, is currently zoned Ric (Single Family Residential) with an underlying land use of MR (Medium Density Residential). The Brentwood Subdivision was platted in 1980 into 101 single family lots with an average lot size of approximately 2 to 2 1/2 acres. The request involves a rezoning and land use amendment from Ric (Single Family Residential) and MR (Medium Density Residential) to C3 (Highway Commercial) and HE (Highway Business). • P.O. Box 490 • 13065 Orono Park-way • E Rivcr, MN 5330 • (61') 441-7420 • Fax. bi1) 441-7425 Anderson, ZC & LUA. Page 9 June 23, 1994 • HISTORY OF OUTLOT A Research into the Brentwood Subdivision shows that very few details on the future use of Outlot A were recorded. The minutes of the March 3, 1980, City Council meeting indicated that the iuture use of Outlot A was discussed. The applicant indicated at this meeting that the plans for the use of the outlot were dependent upon community plans and needs. However, the current land use designation and zoning classifications indicate that the site was planned for single family residential. Attached is a copy of these minutes. Staff could not find any further recorded information on the future intended use of the subject site. OVERVIEW The subject property is a relatively fiat, treeless seventeen acre parcel. The outlot is encompassed on all sides by residentially zoned property. To the north and west, parcels are zoned Rla, which has a minimum lot size of 2 1/2 acres. To the east, parcels are zoned Rle with a minimum lot size of 20,000 square feet in size. To the south, Ric, which has a minimum lot size of • 10,000 square feet. The nearest commercial property is the Hillside Commercial PUD located on the east side of Highway 169, and south of the Brentwood Subdivision. Current access to the site is limited to 197th Street and Irving Avenue. Oudot A is the only portion of the Brentwood Subdivision which is currently planned for City services. However, this site does not have City services available at this time. ZONING The statement of purpose of the C3 (Highway Commercial) zoning district is to recognize the need for commercial establishments on or serving with immediate accesses to major highways. Permitted land uses should take advantage of the highway access in a manner in which other business districts are not afforded. It is important to note that this rezoning is not tied to any specific development proposal and therefore, the Commission must consider the entire spectrum of potential uses allowed in the C3 district. The Elk Park Center and Hillside Commercial subdivision, although both are zoned PUD, have an underlying land use of HB (Highway Business) and offer a valid comparison of the type of development that could occur on this particular site. • Staff is concerned that rezoning this parcel to such an intensive commercial district could disrupt the residential qualities of the adjacent area. The ancerson.:c Anderson, ZC & Lu A Page 3 June 23, 1994 • subject property has been zoned single family residential and residents in the area have purchased property with the understanding that it would develop as residential. A C3 zoning designation may be too incense of a land use to adequately blend with the surrounding low density residential. TRAFFIC Another major issue to consider before rezoning this site is traffic. It is anticipated that the major access to this site will be from 197th Avenue, which intersects with Highway 169. This intersection is currently not signalized and is not planned to be signalized, which will make travel to and from this site very difficult. It is also anticipated that the commercial traffic generated from this site could impact neighboring residential streets. Lack of direct access to Highway 169, coupled with the inability to utilize a frontage road concept for this site, leads to serious questions as to how commercial and residential traffic would integrate. The Elk Park Center and Hillside Commercial subdivision both have a frontage road concept which will direct traffic away from residential areas. However, the subject site without direct access to Highway 169 will generate additional traffic to the residential • streets. GROWTH MANAGEMENT PLAN The Growth Management Plan (adopted in 1988) identified the area on the east side of Highway 169 between 193rd and 197th as having the potential for commercial uses, however, the subject property was identified for medium density residential. One of the goals of the Growth Management Plan was to limit strip or scattered commercial operations along the City's major roadways. The subject site is physically separated from any planned or developed commercial property and would conflict with that goal. The Growth Management Plan is currently in the process of being updated by the City. One of the components of this review will be to analyze the need for future highway commercial growth areas and determine if the existing supply of highway commercial property is adequate to serve the City's future needs. A second component of the study will deal with the possibility of creating a neighborhood commercial zoning district designed to provide convenience and service establishments for the residential neighborhoods. Attached is a copy of page V13 of the existing Growth Management Plan in which the neighborhood commercial zoning district concept and the possible future need for this type of zoning designation is discussed. • anderson.pc Anderson, ZC & LCA Page 4 June 23. 1994 • Until these two components are fully studied, staff feels it is premature to consider amending the land use plan map and rezoning of this parcel without the benefit of this comprehensive study. RE COMMENDATION Before any rezoning or land use amendment is approved, one of two findings must be made: 1. There was an error in the original zoning designation, or 2. The times and conditions have changed such that the original designation is no longer valid. It is premature to argue either finding until the study of the Growth Management Plan is completed. Therefore, staff is recommending the land use plan amendment and rezoning request by Dennis Anderson be denied based on the following reasons: 1. The Growth Management Plan Goals and Policies state that • commercial development should be located to strengthen the downtown area and strip or scattered commercial site along major roadways be avoided. 2. The proposed rezoning would allow potential intensive commercial activities immediately adjacent to existing residential areas. Without a natural buffer or physical separation, the compatibility of highway business and low density residential is questionable in this location. 3. The need for additional highway commercial within the Highway 169 corridor, as well as the possibility of a neighborhood commercial designation are currently being studied with the updating of the City's Growth Management Plan. Therefore, a decision on the appropriateness of commercial in the subject area should be delayed until the updated comprehensive study is completed. 4. The traffic issues, such as the lack of a signalized intersection at the corner of 197th and Highway 169, and the lack of direct access to Highway 169, along with the inability to utilize a frontage road concept for this site led to concerns as to how • commercial traffic will integrate with the residential neighborhood. ancerson.ac Planning Commission Minutes . ' )ffl 1F1 7„7-1Page 9 June 28, 1994 "ELI 00A? • 4. POND BE NO DEEPER THAN FOUR (4) TO FIVE (5) FEET IN DEPTH, EXCEPT IN CURRENT POND AREAS, WHERE POND DEPTH IS ESTIMATED AT SIX (6) FEET DEEP. 5. ALL EXCAVATION OR FILLING SHALL NOT DISRUPT THE OVERALL DRAINAGE PATTERNS FOR THE AREA. 6. CONTRACTOR AND PROPERTY OWNER WORK WITH THE DEPARTMENT OF NATURAL RESOURCES TO CONSTRUCT A POND THAT IS BENEFICIAL TO WILDLIFE. 7. APPROVAL OF THIS RECOMMENDATION BE CONTINGENT UPON APPROVAL BY THE U.S. ARMY CORPS OF ENGINEERS AND THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES. 8. PROJECT BE COMPLETED IN ONE (1) CONSTRUCTION SEASON. 9. HOURS OF OPERATION BE WITHIN CITY CODE REQUIREMENTS. 10. FENCING BE PLACED AROUND EXISTING OAK TREES TO PREVENT DAMAGE WHEN EXCAVATED SOIL IS SPREAD THROUGHOUT THE APPLICANTS PROPERTY. 11. PROPOSED ISLAND REMAIN UNEXCAVATED AREA. • COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 6-0. Commissioner Kreger stated that due to a conflict of interest, he would abstain from discussion and voting on the next item, Agenda Item 5.8. 5.8 Consider a Land Use Amendment and Zone Change reauest by Dennis Anderson, Pubic Hearing, Case No. LUA 94-5 and ZC 94-6 Staff report presented by Gary Schmitz. Dennis Anderson requested to amend the Comprehensive Land Use Plan from MR (Medium Density Residential) to HB (Highway Business). The request also involves rezoning from R 1 c (Single Family Residential) to C3 (Highway Commercial). Dennis Anderson addressed the Planning Commission regarding traffic concerns, the southern parcel he owns, and access to the subject parcel. Chairman Tveite opened the public hearing. Jeff Peltier, 11965-195 Circle, Brentwood, Elk River, stated that the proposed outlot was originally designated residential and he is opposed to this type of proposal. Mike Fox, 11747-197 Avenue, Elk River, asked staff to define the term "Neighborhood Commercial." Gary Schmitz explained. • Bob Sturgis, 11789-197 Avenue, Elk River, expressed his concerns regarding traffic; opposed to this proposal. [ ifjTh1 ' l Planning Commission Minutes J I� v + 1, Page 10 June 28, 1994 11 • Gary Kleis, 19815 Irving Avenue, Elk River, iterated previous concerns; opposed to this proposal. Paul Ostmoe, 19644 Irving Avenue, Elk River, stated he is opposed to commercai development in that area and he is opposed to this project. Dale Miller, 11795-196 Avenue, Elk River, iterated previous concerns; opposed to this proposal. Ken Williams, 19762 Brentwood Lane, Elk River, commended Dennis Anderson fcr the quality of previous projects, however, he is opposed to this type of project in a residential neighborhood. Dan Schwark, 19785 Irving Avenue, Elk River, opposed to this proposal. Phil Johnson, 19400 Holt Street, Elk River, presented the Planning Commission with signatures of area residents stating they were opposed to this proposal. Mr. Johnson stated he is opposed to this proposal. Doug Waletzko, 19688 Ulysses St., Elk River, stated he is opposed to this project. Rolf Anderson, 19411 Irving Circle, Elk River, iterated previous concerns and asked the Planning Commission to take into consideration that this is a residential neighborhood. Mr. Anderson continued that this is an outlot in a residential • neighborhood and the surrounding residents do not want commercial development in this location. Mr. Anderson is opposed to this proposal. Sue Weiser, 11696-197 Avenue, Elk River, stated she is opposed to this project. Dennis Anderson explained his request and reason for the zone change and land use amendment. Jeff Peltier, 11965-195 Circle, Elk River, questioned staff regarding the notice to surrounding residents. Mr. Peltier did not feel the 350 foot radius is sufficient in all cases. Peter Beck explained the notification radius is mandated by the State. Ken Lueck, 11388-198 Avenue, Elk River, iterated previous concerns; opposed to this project. Jenny Stone, 19783 Lowell Street, Elk River, iterated previous concerns; opposed to this projecT. There being no further comments from the public, Chairman Tveite closed the public hearing. COMMISSIONER MINTON RECOMMENDED DENIAL OF THE LAND USE AMENDMENT AND ZONE CHANGE REQUEST BY DENNIS ANDERSON, PUBLIC HEARING, CASE NO. LUA 94-5 AND ZC 94-6, CITING STAFF'S MEMO AS FINDING OF FACT. DENIAL IS RECOMMENDED BASED ON CONSIDERABLE PUBLIC OPPOSITION WITH THE • FOLLOWING REASONS: -F), ^ p Planning Commission Minutes irA\PrJii 4fId� � Page 11 June 28, 1994 • 1. THE GROWTH MANAGEMENT PLAN GOALS AND POLICIES STATE THAT COMMERCIAL DEVELOPMENT SHOULD BE LOCATED TO STRENGTHEN THE DOWNTOWN AREA AND STRIP OR SCATTERED COMMERCIAL SITE ALONG MAJOR ROADWAYS BE AVOIDED. 2. THE PROPOSED REZONING WOULD ALLOW POTENTIAL INTENSIVE COMMERCIAL ACTIVITIES IMMEDIATELY ADJACENT TO EXISTING RESIDENTIAL AREAS. WITHOUT A NATURAL BUFFER OR PHYSICAL SEPARATION, THE COMPATIBILITY OF HIGHWAY BUSINESS AND LOW DENSITY RESIDENTIAL IS QUESTIONABLE IN THIS LOCATION. 3. THE NEED FOR ADDITIONAL HIGHWAY COMMERCIAL WITHIN THE HIGHWAY 169 CORRIDOR, AS WELL AS THE POSSIBILITY OF A NEIGHBORHOOD COMMERCIAL DESIGNATION ARE CURRENTLY BEING STUDIED WITH THE UPDATING OF THE CITY'S GROWTH MANAGEMENT PLAN. THEREFORE, A DECISION ON THE APPROPRIATENESS OF COMMERCIAL IN THE SUBJECT AREA SHOULD BE DELAYED UNTIL THE UPDATED COMPREHENSIVE STUDY IS COMPLETED. 4. THE TRAFFIC ISSUES, SUCH AS THE LACK OF A SIGNALIZED INTERSECTION AT THE CORNER OF 197TH AND HIGHWAY 169, AND THE LACK OF DIRECT ACCESS TO HIGHWAY 169, ALONG WITH THE INABILITY TO UTILIZE A FRONTAGE ROAD CONCEPT FOR THIS SITE LED TO CONCERNS AS TO HOW COMMERCIAL TRAFFIC WILL INTEGRATE WITH THE RESIDENTIAL • NEIGHBORHOOD. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 5-1, Commissioner Kreger abstained. 5.9 Consider a Zone Change Request by Riverside Development, Public Hearincr, Case No. ZC 94-07 Staff report presented by Steve Ach. Riverside Development requested a rezoning of approximately forty (40) acres from R l e (Single Family Residential) to PUD (Planned Unit Development). Chairman Tveite opened the public hearing. Doug Waletzko, 19688 Ulysses Street, Elk River, asked staff to explain the term PUD (Planned Unit Development). Ken Lueck, 11388-198 Avenue, Elk River, does not feel the rezoning request should be approved just for density purposes. Matt Timinski, 11260-198 Avenue, Elk River, expressed concerns regarding traffic and density issues. Sharon Waietzko, 19688 Ulysses Street, Elk River, asked staff for further details regarding the back of the proposal. • There being no further comments from the public, Chairman Tveite closed the public hearing. REGULAR SEMI-MONTHLY MEETING OF 7''::17 C:TY -C:TY COUNCIL CF ELX FC-'17R ,._LD :N _.,E ELK RIVER PUBLIC ' 7_3R ," " - March 3 , 1930 • Members ?resent: Mayor Madsen, Councilmembers , Otto , Engstrom, Toth. Members Absent : Councilman Duitsman. 1 . The meeting was called to order at 7 : 30 p .m. by Mayor Madsen. 2. Azenda _tem 7D, Rail Corridor Study, and Item 7E , the affairs of the Sewer Plant, were added co the agenda. COUNCILMAN TOT'd MOVED APPROVAL A-'. OF THE MARCH 1 , 1580, C:77 COUNCIL AGENDA. COUNCILMAN ENGSTROM SECONDED THE MOTION. MCT-ON PASSED 3-C . 3 . Minutes COUNCILMAN ENGSTROM MOVED- APPROVAL OF THE MINUTES CF THE FEBRUARY 15 , 1530 , C::y COUNCIL MEETING . COUNCILM4N OTTO SECONDED THE MOTION. MOTION PASSED 3-0. 4. Open Mike No one appeared for this item. 5. Brentwood Subdivision Final Flat approval Mr . Dennis Anderson was present to answer any questions regarding his Brentwood • final plat. The City Administrator indicated a developer ' s agreement has been drawn with the stipulation that if the City cannot sell bonds on the bond market for the street improvements the developer will put the streets into the develop- ment in a 2 phase project. The City Administrator further indicated the developer was in the process of obtaining an easement for the north half of 201st Street. Councilman Engstrom questioned the use and the size of the outlet. Mr . Dennis Anderson indicated the outlot was 17 acres and that the plans for the use of the outlot were dependent on community demands and needs . The City Administrator indicated that City staff recommended approval of the final plat on the condi- tion aS the developer ' s agreement and the developer obtaining the easement for the north half of 201st Street. COUNCILMAN OT_TO MOVED APPROVAL OF THE BRENTWOOD SUBDIVISION FINAL PLT WITH THE CONDITION OF THE EXECUTION OF A DEVELOPER' S AGREEMENT AND THE OBTAINING O7 THE NORTH HALF F OF 201st STREET.. COUNCILMAN TOTH SECONDED TaE MOTION. MOTION PASSED 3-0. 6. Street Light Recuest - 7th and Irving Mr. Larry Larson, 5] O 7th Street, submitted a petition signed by 23 residents of the area recuesting a streetlight at the corner o= 7th and :rvingMayor Madsen asked if them were street lights at every other intersection and further indicated it was a state ale street and could see no problem with the i sta -a .- - tion o= a street light. CCUNC—mAN ENGSTRCM MCV-77, APPROVALOF THE INSTA..LI-ATION OF A STREET LIGHT AT THE CORNER OF ' th AVD :RV7NG . COUNCILMAN TCTH SECONDED MO-70N. MOTION PASSE: �. y �►'a 7 . Administrator ' s Update - ,,_�' �'— '�,t.,e, A. Riverside Bar and Lounge t_.ces • { '# r . 5 •`� '� The City Adminis tra_or _ad_date :'e mac ...isc'1Ssed th c ^us tacson'`indica~ payable for 1530 «.t.. �-r Barney v'1stars CP. and y-V•_�:'�„'iL�L��' :•rM,� .• .'r� �_ - SY3��'.lj; ^�fp"�-i.:•':�w.rte J ,r moi-. A';'I- f -..• T'•.w_.� Bradley C. Thorsen Attorney at Law • Suite 500 701 Fourth Avenue South Minneapolis. Minnesota 55415 (612)337-9562 Fax(612)338-0359 e mail bthorsen®visi-corn November 24, 1999 Dear Homeowner in the Plat of Brentwood: The enclosed summons in being sent to you in conjunction with a registration of title proceeding of the property described in the summons. It is unnecessary to take any action with regard to said summons unless you object to the registration proceeding. The reason the summons is being sent to all residents of the plat of Brentwood is that there are certain restrictions, covenants and conditions relating to the plat of Brentwood about which the registrant has stated as follows: "The declarant in these documents is the (registrant) and it was never his intent to subject (Outlot A of Brentwood) to the restrictions set forth in these documents. Although a technical reading of these documents might lead one to believe that (Outlot A of Brentwood) is subject to the restrictions, a fair reading of these documents makes it clear that (Outlot A of . Brentwood) is not subject to the restrictions set forth therein." • erely, Bradley C. Th•- ,sen Attorney for : -gistrant • STATE OF MINNESOTA No. C6-99-1315 DISTRICT COURT • COUNTY OF SHERBURNE TENTH JUDICIAL DISTRICT LAND TITLE SUMMONS IN APPLICATION FOR REGISTRAI'4ON OF LAND In the matter of the Application of Dennis A. Anderson, a single person, to register title to the following described real estate in Sherburne County, Minnesota, namely: Parcel 1: Outlot A, Brentwood, Sherburne County, Minnesota Parcel 2: Lot 3, Block 3,Ridgewood East 3rd Addition, according to the plat thereof on file and of record in the office of the Register of Deeds in and for said County of Sherburne. Dennis Anderson, a single person, Applicant vs. • The State of Minnesota, the City of Elk River, Anoka Electric Cooperative f/k/a Anoka County Cooperative Light and Power Association, all persons owning property in the Plat of Brentwood, Sherburne County, Minnesota, also all heirs, devisees of any of the above-named parties who are deceased; and all other persons or parties who may claim any interest or right in or to the property and who are unknown, Defendants THE STATE OF MINNESOTA TO THE ABOVE NAMED DEFENDANTS: You are hereby summoned and required to answer the Application of the Applicant in the above-entitled proceeding and to file you r answer to the said Application in the office of the Clerk of said Court, in said County, within 20 dyas after service of this Summons upon you exclusive of the day of such service, and if you fail to answer the Application within the time aforesaid, the Applicant in this proceeding will apply to the Court for the relief demanded therein. • . WITNESS, District Court • Bradley C. Th. -n Administrator of said Court, and the 701 Fourth A • sue South Suite 500 seal thereof, at Elk River in said neapolis,Nfinnesota 55415 County the 2nd day of - Miin (612) 337-9562 November -i , 1999. DISTRICT COURT By S/Kimberly Mueller SEAL Deputy • • • ATTACHMENT 8 October 4, 19940 Elk River . Steering Committee 13065 Orono Parkway Elk River, MN 55330 Attached are copies of the recorded Protective Covenants for Brentwood, copies of the Brentwood map which shows the two Ridgewood East lots (in red), and a letter signed by the 1979 Mayor and Council Members stating the intent at that time for this property was future highway development. ierely, • I Si -2-1,71-0 /4- 7' Dennis Anderson 4110 • PROTr:,c^TIyg COMA= AND BUILDING RESTRICTIONS A?O;.*iDED tBEE TiCOD !SLATES, S2irRBURNE COIINTT, ELI RIVER, MDCIESOTA ?Serax-Anderson, Inc., a Minnesota Corporation, hereto declares that the hereinafter pet forth restrictions shall apply to all lots in the plat lanorn as Brentwood, and warrants and covenants to and with all future o;mers of said lots that all conveyances made by them shall be subject to the follow- ing restrictions, to wits 1. No lot, other than Clztlot A, shall be used except for residential purposes. 2. No building shall be erected, altered, placed or permitted to remain oa any lot other than a single fad dwelling not to exceed 2-1/2 stories in height. Any residence constructed thereon shall have a two car attached garage and be not leas than 1,250 square feet of ground floor area except for a two-story house, which shall have a minimum of 720 square feet on the ground floor, and split foyers, which shall have a minimum of 90C square feet on the ground floor. Provided that Lots 1-9, Block Ls, shall not be subject to the res- trictions of this paragraph. 3. No noxious or offensive activity shall be carried on upon ar y lot, nor shall anyth?rg be done thereon which may become an annoyance or nuisance to the r.eighborinood. • 4. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other wastes; nor shall any form of rubbish or .11° waste be kept on any lot beyond the main building construction period a, specified in paragraph 8. 5. Dogs, cats or other household pets may be kept, provided they are not rept, bred or maintained for any commercial purposes. No other animal, may be kept on or about the premises. Small, apprnpr•iate structures to house pets will be allowed. 6. tie trailer houses, travel trailer, buses, trucks, camper trucks or • • junk cars are allowed on premises unless properly garaged. 7. No temporary structure of any nature, such as tra'l er houses, camping - truck, basement, tent, shack, garage or other buildings shall be used an any lot at any time as a residence either temporarily or permanently, • nor shall a structure to be used as a residence be ^loved in on any lot. 8. All structures ^hall be of new construction. Ali s .' : -: .;;al be oot'plr-trd ani? finished within 12 nonhs ai'.cl' co-.',n-_ r:rr i f �.;• excavation and cnns:ructior. anti - -- a :•elide bei c. _ :z �c : �_ �: UFC'i s ..' is '� �j ,, t�r' �e ? • _ ,. „. t--•t�- Pit'•' .,� -ti;r r.# :.' 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