Loading...
Planning Commission Packet - 02-25-2025 Planning Commission Regular Meeting & Work Session Agenda Tuesday, February 25, 2025 6:30 PM Elk River City Hall ▪ Regular meeting in Council Chambers ▪ Work Session meeting in Council Chambers immediately following regular meeting 1. CALL MEETING TO ORDER 2. CONSIDER AGENDA 3. CONSIDER MINUTES 3.1 Draft Minutes - January 28, 2025 4. PUBLIC HEARINGS An opportunity for the public to express their opinions and raise questions pertaining to the agenda item. All comments become part of the official public record. For this reason, all comments must be made at the podium so they can be heard and recorded. Comments may also be provided in writing. There will not be deliberations, discussions, or answers to questions until the hearing is closed. It is important to be courteous and allow each presenter to comment before adding additional testimony. 4.1 Conditional Use Permit Amendment: Outdoor Storage of Semis (tractor and/or trailer), motor vehicles, recreational vehicles, trailers, boats, light and heavy equipment, and vehicle storage, and shipping containers, PID 75-00013-4405, Northstar Trucking & RV Parking LLC 4.2 Conditional Use Permit Amendment: Outdoor Storage, 12777 Meadowvale Rd. NW, Elk River WinLectric 4.3 Preliminary Plat and Ordinance Amendment (PUD): The Villas at Fillmore Third Addition, PID 75- 00931-0030, Riverside Development 4.4 Ordinance Amendment (PUD): Signage Requirements and Codification, Elk River Crossing Planned Unit Development, Tractor Supply 5. GENERAL BUSINESS Items in which the information is presented by city staff or consultants, then deliberation and action occur. General Business items are not opportunities to receive or provide public input. However, the presiding officer may, at its sole discretion, solicit public feedback. 5.1 Land Use Amendment, Zone Change, and Ordinance Amendment: Specht Family Farm Residential Development (PUD), 16330 US Highway 10, Capstone Homes 6. COUNCIL LIAISON UPDATES 7. MOTION TO ADJOURN REGULAR MEETING Page 1 of 166 Meeting of the Planning Commission Held at the Elk River City Hall Tuesday, January 28, 2025 Members Present: Members Absent: Staff Present: Commissioner Dennis Booth, Commissioner James Zahler, Commissioner Dornan Bland, Commissioner Anthony Kaba, Commissioner Eric Johnson, Chair Perry Beise Commissioner Robert Rydberg Senior Planner Chris Leeseberg, and Sr. Administrative Assistant/Recording Secretary Jennifer Green 1.CALL MEETING TO ORDER Pursuant to due call and notice thereof, the meeting was called to order at 6:30 PM. 2.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 3.CONSIDER AGENDA Moved by Commissioner Johnson and seconded by Commissioner Booth to approve the agenda. Motion Carried 6-0. 4.CONSIDER MINUTES Moved by Commissioner Johnson and seconded by Commissioner Booth to approve the following consent items as presented. Motion carried 6-0. 4.1 Draft Minutes - December 17, 2024 5.PUBLIC HEARINGS 5.1 Zone Change: General Industrial (I-3) to Planned Unit Development (PUD), PID 75-00013-4405, Northstar Trucking & RV Parking LLC Mr. Leeseberg presented the staff report and indicated the application for a zone change is no longer required to be considered, since the use the applicant is proposing is already allowed in the I-3 zoning district. 5.2 Conditional Use Permit Amendment: Bus, Motor Vehicle, and Implement Storage, Maintenance and Repair, PID 75-00013-4405 - Northstar Trucking & RV Parking LLC Mr. Leeseberg presented the staff report. He distributed a handout of updated conditions to consider. He requested the Planning Commission provide staff input on a new request by the applicant for a DRAFTPage 2 of 166 Planning Commission Minutes January 28, 2025 --------- Page 2 of 8 temporary guard shack. He also requested the commission provide input to staff on businesses that are already operating and not in compliance with city ordinances, and to recommend a timeline to complete all required conditions. Chair Beise opened the public hearing. Nikolya Vladyka, no address given, stated he felt this project was dragging on too long but did understand there were two cities involved. He stated due to the city of Ramsey changing their mind and their lack of communication, he had not received the requested paperwork. He stated his concern regarding Condition 12, which states no repairs or maintenance on site, as they would now like to build a drive-thru building/repair shop on the property, but they were not sure where to locate the building, and unsure if the building could straddle both properties/cities. Chair Beise stated the request for tonight's meeting doesn't indicate there will be a building on the Elk River parcel. He stated if they recommend approval tonight, it will not include a building. Commissioner Johnson asked the applicant if his intent was to construct a building to repair vehicles. Mr. Vladyka stated that was their intent but unsure where it would be located. He stated there were questions about who gets paid the taxes on the building, which public safety agency would respond to emergencies on the properties, electricity, etc. He stated he wants to meet with the city of Ramsey to either move the building entirely onto the Ramsey parcel or partially on both. He stated he is still waiting for paperwork from the city of Ramsey. Commissioner Johnson noted Condition 2, which states all vehicles stored on the property need to be licensed and operable, which conflicts with this new intention of having a shop to repair vehicles. Commissioner Booth asked Mr. Vladyka if the Planning Commission should delay action on their request. Mr. Vladyka requested to continue this application for two more weeks to figure out what is going on with the city of Ramsey and determine the best location for the proposed building. Chair Beise stated the Planning Commission would continue the request to the next Planning Commission meeting, which is February 25. Commissioner Booth asked Mr. Vladyka if they have a building design and plans to submit to the city. Mr. Vladyka stated they do have preliminary blueprints and where they want the building positioned on the properties. There being no one else available to speak, Chair Beise closed the public hearing. Mr. Leeseberg indicated the applicant could waive the 60-Day Rule to allow the timeline to be extended. Mr. Vladyka agreed on the record to waive the 60-Day Rule. Staff will follow up with this request in writing from the applicant. Mr. Leeseberg stated Condition 2 – unlicensed and inoperable vehicles being allowed on the property - is allowed but was not part of the initial request and staff will have to review this additional request. Mr. DRAFTPage 3 of 166 Planning Commission Minutes January 28, 2025 --------- Page 3 of 8 Leeseberg indicated the building straddling two properties will be a logistical nightmare and access to the building can only come from the Elk River side if the building is located on the Ramsey side. Commissioner Johnson stated he is comfortable with the conditions as outlined as long as there is no junk stored and they remove the condition of inoperable vehicles if a building is built. Mr. Leeseberg asked for the Planning Commission's preference regarding Condition 7, driving and parking areas. He stated Elk River's ordinance allows Class 5, but Ramsey requires bituminous pavement. The commission discussed having the more restrictive requirement to maintain consistency and be cooperative with the city of Ramsey's requirements. Commissioner Booth asked if the commission should discuss the temporary guard shack. Mr. Leeseberg explained the applicant is requesting a guard shack to aid in operating the entrance gate. The Planning Commission was supportive of a temporary guard shack until a building is constructed. Commissioner Dornan suggested a sunset date for the guard shack. Moved by Commissioner Johnson and seconded by Commissioner Zahler to postpone the Conditional Use Permit Amendment request by Northstar Trucking & RV Parking, LLC, to February 25, 2025. Motion Carried 6-0. 5.3 Conditional Use Permit Amendment: Outdoor Storage, 12777 Meadowvale Road NW, Elk River WinLectric Mr. Leeseberg presented the staff report. Chair Beise opened the public hearing. There was no one present to speak. Moved by Commissioner Johnson and seconded by Commissioner Booth to postpone the public hearing to the February 25, 2025, Planning Commission meeting. Motion Carried 6-0. 5.4 Conditional Use Permit Amendment: Recycling Processing Center, 16501 Highway 10, B&E Recycling Station Mr. Leeseberg presented the staff report. Chair Beise opened the public hearing. There being no one to speak, Chair Beise closed the public hearing. Commissioner Dornan asked questions about the storage trailers and wondered if those would be used temporarily while a structure was built. Mr. Leeseberg stated that at the staff level, there are no concerns with the storage containers as they are allowed by ordinance, but he was not sure of their intended use. DRAFTPage 4 of 166 Planning Commission Minutes January 28, 2025 --------- Page 4 of 8 Commissioner Johnson thought he understood that whatever was being recycled was being held in the storage containers until it was processed and recycled. Adam Eastman, the applicant, at 16501 Highway 10 – stated the storage containers will hold items until they are recycled. A 3-sided building might be utilized for boats, etc. as Sherburne County doesn’t want things kept on the ground, so it would be to prevent fluids from soaking into the ground. He stated they are close to outgrowing the building but couldn't answer if it was a benefit to using a connex as cold storage to keep costs down or to avoid the cost of constructing a new building. Moved by Commissioner Johnson and seconded by Commissioner Booth to recommend approval of the Conditional Use Permit amending the previous approvals for a Recycling Processing Center (CU 95-02) for B&E Recycling Station with the following conditions to satisfy the standards set forth in Section 30-654: 1. The applicant must apply for and receive all county required permits and licenses prior to expanding the requested scope of operations. 2. The area identified as a holding pond must be repaired as the site has been re- graded as a parking area. The repair work must be designed by a licensed professional. 3. There shall be no storage of recyclable materials or waste outside of the building or fenced in area. 4. All non-recyclable materials must be removed from the site by May 1, 2025. 5. All vehicles or materials stored on site, and not approved as part of CU 03-26, must be removed by May 1, 2025. 6. The disassembling or salvaging of parts from vehicles or machinery is prohibited. 7. Any new structures must be designed by a licensed architect and permitted through the building department. 8. Business owner must submit an annual waste activity report to the MPCA by March 1st of every year. 9. The applicant shall submit an updated drainage plan, prepared by a qualified professional, showing that the facility is designed to prevent surface water drainage through recyclable materials, to control dispersion of the recyclable materials and residuals by wind, to contain any spills or releases that could harm human health or the environment, to provide for the storage of recyclable materials so as to protect the recyclability of the materials, and to provide for the storage and removal of residuals. 10. Storage of all waste and recyclable materials must comply with all county, state, and federal regulations. 11. All recyclable materials must be removed from the facility within three years after the date of receipt. 12. The owner of the facility must inspect the site at least every 30-days for malfunctions, deterioration, or discharges that may result in the release of pollutants to the environment. Records of these inspections may be requested by city or county staff. 13. The owner or operator must prepare and maintain a contingency action plan addressing actions for a potential fire, spill, or release. DRAFTPage 5 of 166 Planning Commission Minutes January 28, 2025 --------- Page 5 of 8 Motion Carried 6-0. 5.5 Land Use Amendment, Zone Change, and Ordinance Amendment: Specht Family Farm Residential Development (PUD), 16330 US Highway 10, Capstone Homes Mr. Leeseberg presented the staff report. Commissioner Booth asked if the city ever authorized 29' wide streets in any prior plats. Mr. Leeseberg stated the city has allowed narrower streets, but those streets are privately maintained. Commissioner Johnson asked if this Capstone project would be association maintained. Mr. Leeseberg stated it will not be association maintained and noted the city engineer stated city streets need to meet city standards of 34'. Matt Barker and Stephen Bona of Capstone Homes, along with Brian Krystofiak from Carlson McCain, provided a presentation outlining the proposed development. Mr. Barker discussed a traffic study that they completed, the Mississippi River Trail, creating a buffer between the development and Kelley Farm, and the berm at the entrance of the development. He also discussed the proposed 29' street width and explained how they felt it works in other cities such as Otsego and Ramsey. He pointed out the curving streets and boulevard trees can have traffic-calming benefits. Chair Beise opened the public hearing. David Kelliher, Vice President of the Minnesota Historical Society, spoke and introduced Alyssa Olson, Site Manager of the Oliver H Kelley Farm, and Ben Leonard, Senior Vice President of Historic Sites Network and Operations for the Minnesota Historical Society, and stated they met with Capstone reps to learn more about the project and to share the importance of the farm with them. Mr. Kelliher posed the following questions and concerns: 1) They appreciated the efforts by the city and Capstone to improve access to Highway 10, noting how dangerous it was taking a left turn into and out of the farm. They were excited about a future interchange and asked if there was anything they could do to join that coalition to let them know. 2) They are interested in knowing more about the trail and what it looks like. 3) Regarding the boundary between the farm and Capstone they look forward to vegetative screening on both wooded and non-wooded. 4) They asked for visual simulations to see what this development might look like from all corners of the property. Mr. Kelliher stated they are looking forward to collaborating on the EAW and appreciate the opportunity to partner with the city and Capstone and also make sure their needs are met. Nathan Krakau, Otsego, stated he has friends that live in Capstone homes and feels they are good builders. He asked about having 9 or 10 overflow parking lots scattered in the development to prevent cars parking in the street, and if that would allow emergency trucks and ambulances to travel along the roadway to get to residents. There being no one else to speak, Chair Beise closed the public hearing. Commissioner Booth asked if there were any other development projects where the developer has DRAFTPage 6 of 166 Planning Commission Minutes January 28, 2025 --------- Page 6 of 8 built 29' streets. Mr. Krystofiak stated he has seen a fair number of 29' street widths being constructed by Capstone and others, and that is the standard for the city of Blaine. He stated it slows traffic down and lessens impervious surfaces. He stated a number of communities are going to this standard. Chair Beise commented that it seems fairly tight to get emergency vehicles down the road with cars parked on both sides. Commissioner Booth commented, especially in a cul-de-sac. He stated he had concerns about multiple emergency vehicles in a cul-de-sac. Commissioner Johnson asked if, in other private developments with 29' street widths, has the city restricted parking on one side? Mr. Leeseberg indicated the city has. Quite often they were in townhome developments with narrower roads, privately maintained and not built to city standards. He reiterated the city engineer's recommendation to remain with the current street width standard of 34', for various reasons such as vehicle and public safety traffic, snow removal, etc. Commissioner Johnson would like to know the city engineer's perspective in supporting 34' versus 29'. He feels it's cluttered and does suggest parking is restricted to one side of the street. Mr. Barker stated Capstone was fine for allowing additional time to review these applications to allow the Planning Commission to continue the street width discussion. He stated the city of Otsego has a 29-foot standard and they can show them how that works with EMS and snow removal. He stated Blaine also has a 29' standard and Ramsey just approved a development with 29' standard road width and almost 550 homes in the Riverstone communities. Commissioner Johnson asked which developments have 29’ roads with narrower lot sizes and Liberty (50' wide lots) homes. Mr. Barker stated the Harvest Run community in Otsego is probably the closest to how this proposal feels. Commissioner Dornan asked which development would be a fair replication with trees in the boulevard. Mr. Barker stated the boulevard trees in Ramsey's Riverstone development would be a fair replication and offered to meet on site if commissioners would so choose. Commissioner Booth had concerns with cul-de-sac standards. Mr. Krystofiak stated the cul-de-sac would be sized to city standards. Commissioner Dornan asked questions about density in the Liberty area and concerns with parking. He stated the narrower driveways seems counter-intuitive and by taking away parking on the home's driveway forces more street parking. DRAFTPage 7 of 166 Planning Commission Minutes January 28, 2025 --------- Page 7 of 8 Mr. Barker stated the Liberty product parking area width of 16' is their standard. He stated this wasn't a reduction in parking in the driveway. Commissioner Dornan felt the smaller road and driveway width could create more street parking concerns. Mr. Barker stated the Liberty design provided for 1500-2800 sq. ft. homes with 3-4 bedrooms. Mr. Leeseberg explained parking stall standards in public parking lots in Elk River are 9 feet, to give an idea for driveway parking widths. Commissioner Zahler stated he likes the idea of the Liberty homes due to the housing market being tight especially on the low end of pricing, offering another housing stock, so maybe putting up with smaller streets makes for a trade-off. Chair Beise and Commissioner Johnson stated they like the proposed development design and layout, but do have concerns with the 29’ road width. Commissioner Johnson stated the city has approved narrower roads only when they are private/association maintained. He wondered if by approving these, will those developments come back and ask the city to take over maintenance. He stated he is in favor of coming up with creative solutions. Commissioner Dornan wondered if we would be setting precedence for future developments and the volume of traffic would be higher in the Liberty housing area. He stated they are getting away from the standard without having an explanation and justification for changing the standards. It was the consensus of the Planning Commission to get a better feel for the lot and road widths by visiting area developments by Capstone. It was the consensus of the Planning Commission to request reasoning directly from the city engineer for supporting city standards of 34' width streets and opposing 29’ width streets. Steve Bono - Capstone - explained they have seen over the years that many cities did have the larger street widths and now are slowly changing to a narrower street, and a big part of that is the safety aspect. He feels the wider street creates a bigger impervious surface and faster traffic on a street. He stated for example, the city of Ramsey had the wider streets, and they approved the 29' street width after a lot of discussion about the safety aspects. After a few years, they felt it worked and phase 2 is now being constructed. He stated the city of Otsego has now changed their standard and it works for them also. The cost of a home is also a factor and the Liberty model is as affordable as Capstone can get at $360,000 - $440,000 which is still an expensive home. Mr. Barker stated he would continue discussions with the city engineer. He noted the main roadway arteries are 34’ wide and the residential home arteries are 29’ wide. David Kelliher requested a fence between their property and the homes right up against the forested section. Marilyn Nathe Specht, 9180 Collins Drive, Ramsey, shared her concerns about the number of homes being proposed and discussed her experiences and beauty on the farm. She wanted the city and DRAFTPage 8 of 166 Planning Commission Minutes January 28, 2025 --------- Page 8 of 8 the developer to understand the importance of preserving the heritage of the land for its habitat and create a park for all to enjoy. Moved by Commissioner Johnson and seconded by Commissioner Booth to postpone action of the request by Capstone Homes for a Land Use Amendment updating the city’s Comprehensive Plan to align with the proposed residential and commercial areas until the February 25, 2025, Planning Commission meeting. Motion carried 6-0. Moved by Commissioner Johnson and seconded by Commissioner Kaba to postpone action of the request by Capstone Homes for an ordinance amendment to establish a residential Planned Unit Development until the February 25, 2025, Planning Commission meeting. Motion Carried 6-0. Moved by Commissioner Johnson and seconded by Commissioner Kaba to postpone action of the request by Capstone Homes for a zone change amending the city’s zoning map to designate parcels for Highway Commercial and Planned Unit Development (PUD) uses until the February 25, 2025, Planning Commission meeting. Motion Carried 6-0. 6.GENERAL BUSINESS There was no general business to discuss. 7.COUNCIL LIAISON UPDATES Councilmember Jennifer Wagner introduced herself and stated she would share each Planning Commission meeting dialog to allow the City Countil to make informed decisions, and stated she appreciated their conversations. 8.MOTION TO ADJOURN REGULAR MEETING Peter Specht stated he is in support of the Capstone project. Moved by Commissioner Booth and seconded by Commissioner Kaba to adjourn the meeting. Motion Carried 6-0. The meeting adjourned at 8:12 p.m. Minutes prepared by Jennifer Green. ___________________ Perry Beise, Chair ___________________ Tina Allard, City Clerk DRAFTPage 9 of 166 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To Planning Commission Item Number 4.1 Meeting Date February 25, 2025 Prepared By Chris Leeseberg, Senior Planner Item Description Conditional Use Permit Amendment: Outdoor Storage of Semis (tractor and/or trailer), motor vehicles, recreational vehicles, trailers, boats, light and heavy equipment, and vehicle storage, and shipping containers, PID 75-00013-4405, Northstar Trucking & RV Parking LLC Reviewed by Zack Carlton Action Requested Recommend, by motion, approval of the Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: 1. Schedule a site visit with the Building Official and Fire Marshal to review and complete any required code updates. 2. The outdoor storage shall be allowed for only the following vehicles: a. Properly licensed, registered, and operable. b. Semi-trucks, semi-trailers, and other delivery trucks; c. Recreational vehicles, campers, motorhomes, and fifth-wheel trailers; d. Boats; e. Enclosed shipping containers; and f. Cars and trucks. 3. Vehicle Wrecking Yards and Salvage Yards, as defined by the City of Ramsey, and Salvage Yards, as defined by the City of Elk River shall not be permitted. 4. Outdoor storage of any products, equipment, materials, supplies, or debris is not permitted, except for snow removal equipment and supplies for the site in conformance with the applicable municipality’s regulations. 5. Motor vehicle, trailer, and boat sales is prohibited. 6. Car dealer overflow parking is prohibited. 7. All driving and parking areas shall be paved with an approved surface (bituminous, Class 5, or concrete). 8. Drive lanes need to maintain a minimum 24-foot width throughout the site. 9. All driving areas and outdoor storage/parking areas shall be bounded by B612 concrete curb and gutter. 10. The B612 concrete curb and gutter shall be installed on the east side of the fence along Jarvis Street and 10 feet from the remaining property lines. 11. Site lighting shall comply with Section 30-937. Page 10 of 166 12. There shall be no repair or maintenance of any vehicles, trailers, or boats on the site. 13. The idling of a truck tractor or other business equipment in excess of 15 minutes is prohibited from April 16 through October 31, and idling in excess of 30 minutes is prohibited from November 1 through April 15. 14. A guard shack no larger than 25 sq.ft. shall be allowed near the entrance gate. Location to be approved by city staff. 15. In the event a gate is installed, access to the property must include key boxes for both Elk River and Ramsey Fire Departments. 16. A reinforced concrete strip, a minimum one (1) foot wide and centered on the property line, must be maintained along the city/county border in order to clarify any relevant jurisdictional issues. 17. In the event either parcel is owned separately, or one municipality revokes their approval, each parcel will need to conform to each jurisdiction’s ordinance and codes individually, including, but not limited to, stormwater ponds, setbacks, screening, curbing, and landscaping. 18. Update submitted plans as needed to demonstrate compliance with state and local stormwater management requirements across both parcels/jurisdictions. 19. Submit documentation showing compliance with all Minnesota Pollution Control standards. 20. An amendment to this Conditional Use Permit will be required for future expansions/additions not shown on the city site plan dated February 25, 2025. 21. Conditional Use Permit, case number CU 23-16, shall become void. 22. Approvals from the city of Ramsey shall be recorded and copies provided. 23. Conditions #1, 7, 9, 10, 11, 16, 18, and 19 shall be completed by . 24. A 6-foot tall, 100% opaque privacy fence shall be installed along the north property lines. Background/Discussion The subject parcel was granted a Conditional Use Permit (CUP) in 2023 but has yet to be recorded. The property owner has applied for a new CUP to facilitate a joint operation of their current use on two parcels, one in Elk River and the other in Ramsey. The business has been, and continues to operate, on both parcels and staff have not received any complaints as it relates to their Elk River operation. Through the CUP, a master plan can be reviewed and approved to accommodate their use while having a uniform set of uses, rules, regulations, and site amenities that work for both municipalities and conforms to each city’s Comprehensive Plans. The property is 3.83 acres in size and is zoned I-3 General Industrial, where bus, motor vehicle, and implement storage require a Conditional Use Permit . NorthStar Truck & RV Parking LLC is seeking the CUP to provide outdoor storage of Semis (tractor and/or trailer), motor vehicles, recreational vehicles, trailers, boats, light and heavy equipment, and vehicle storage, and shipping containers. The subject parcel is part of a larger parcel divided between two cities with approximately 6.75 acres of additional land in Ramsey. The site is currently fenced, but no security gate has been installed, and clients have 24-hour access to the property. The owner will be the sole employee working on-site. The applicant asked about the possibility of installing a temporary guard shack, such as a job site trailer, to house hardware in a heated structure for operating a security gate. Staff expressed concerns about the size of such a structure and the potential for it to be used as a sleeping area. Therefore, staff recommends that the guard shack be limited to a maximum size of 25 square feet and be positioned near the entrance gate. Parking Page 11 of 166 The applicant stated in their narrative that 80 storage stalls are available, and the surface consists of Class 5 material. The submitted site plan shows how they plan to park vehicles on site. Drive lanes need to maintain a minimum 24-foot width throughout the site. The closest regulation in the ordinance is self-storage facilities stating one parking stall for each 400 square feet of office space or four stalls, whichever is greater. As there is no office on site, four stalls should be provided. Section 30-901 states all driving areas and parking areas shall be bounded by B612 concrete curb and gutter, but the city council can grant an exemption where installing concrete curb and gutter presents a hardship due to the uniqueness of the business or other conditions. An exemption was not granted by the council for the first CUP request. Fencing There is existing decorative fencing along the railroad tracks and Jarvis Street. The applicant is also proposing a six (6) foot tall wooden privacy fence along the northern property line on the Ramsey side. Landscaping The number of trees the ordinance requires is 32; 16 overstory, 8 ornamental, and 8 coniferous. This is determined by taking the perimeter of the property (1,300 feet) divided by 40. Staff are only using the property lines facing Elk River, as the use does encroach across the property line into Ramsey. The ordinance does allow for credit of existing trees. Lighting The applicant is proposing site lights, which are shown on the site plan. Portions of Section 30-937: Lighting, state: "All sources of artificial lights shall be so fixed, directed, designed or sized that the minimum subtotal of their illumination will not increase the level of illumination on any nearby residential property by more than 0.1 footcandle in or within 25 feet of a dwelling or by more than 0.5 footcandle on any part of the property. Glare, whether direct or reflected, as different from general illumination, shall not be visible from beyond the limits of the immediate site from which it originates." Site lighting shall comply with Section 30-937. Applicable Regulations In approving a Conditional Use Permit, the city council may impose such specific conditions with regard to the development or operation of the proposed use as it considers necessary to satisfy the seven standards set forth in Section 30-654 and the requirements contained in this article and to promote compatibility with and minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city. The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. The site currently operates in a similar fashion and will not detrimentally affect the use and enjoyment of the properties in the immediate vicinity. However, the addition of motor vehicles and the associated potentially toxic chemicals will require additional oversight from the MPCA, Sherburne County, and the city. To ensure any concerns for public health and groundwater contamination are addressed, staff have included conditions requiring compliance with all state and local standards related to stormwater management. Additionally, to minimize visibility from surrounding properties, potentially impacting the use and enjoyment of those parcels, staff recommends the existing fencing along the railroad tracks and Jarvis Street have opaque screening incorporated into it. It is understood that semi-trailers and taller box vehicles will still be visible. Page 12 of 166 2. Will be consistent with the comprehensive plan. The property is guided as Industrial and the Industrial Use category includes both heavy and light industrial businesses such as manufacturing, warehousing, and excavation. These uses are primarily located off of Highway 169, Highway 10, and the BNSF Railroad which provide easy access for the transferring of goods throughout the region. Staff do not see a need to impose specific conditions to satisfy this standard. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. The surrounding area is developed. The use will not impede the normal and orderly development and improvement of surrounding vacant property. Staff do not see a need to impose specific conditions to satisfy this standard. 4. Will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. The property will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. While the stormwater holding pond is in Ramsey, staff continues to work with Ramsey to ensure stormwater compliance across both parcels. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. If dust can be controlled, the proposed storage use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust, or vibrations. To prevent dust becoming a problem, dust control measures shall be utilized in the fenced yard area. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. The site is an open, relatively flat area, and already used for the outdoor storage of materials. The use will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Staff do not see a need to impose specific conditions to satisfy this standard. 7. Will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. Staff included conditions requiring compliance with state, county, and city ordinances related to salvage yards. Included conditions address compliance with this standard. Page 13 of 166 If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-654. Ramsey Planning Commission The Ramsey Planning Commission reviewed this at their regular meeting on January 23, 2025. To ensure both municipalities are reviewing the same information, please refer to the site exhibits in the attached Ramsey Planning Commission memo dated January 23, 2025. Elk River staff attended the meeting, where the Ramsey Planning Commission expressed appreciation for the collaborative efforts between both cities in addressing the unique application. During the presentation, Ramsey staff shared an image of damaged vehicles and other materials currently on-site, and the commission concurred that such items should not be permitted. Aside from the applicant, no one spoke during the public hearing, and the Ramsey Planning Commission unanimously recommended approval of the request. Elk River Planning Commission (1-28-205) The commission reviewed the proposal and discussed the paving of the site, repair of vehicles, and construction of a building. As the applicant brought the desire for vehicle repair and a building to the commission meeting, the commission did not want to make a recommendation until more concrete information was before them and the applicant requested their item be postponed until February 25, 2025.. Financial Impact None Mission/Policy/Goal Appropriately govern in an ever-changing environment. Attachments 1. Location Map 2. Site Aerials 3. City Plan 2-25-2025 4. Ramsey Memo dated 1-23-2025 Page 14 of 166 Page 15 of 166 Page 16 of 166 Page 17 of 166 Page 18 of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age 19 of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age 20 of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age 21 of 166 (VUL+(5(*DUPLQ,1&5(0(1731*$86*6/2*,63ULQW'DWH6HSWHPEHU-DUYLV6W5DPVH\011RUWKVWDU7UXFN 593DUNLQJ//&    PL=RQLQJ$PHQGPHQW6LWH3ODQ5HYLHZ(ON5LYHU5DPVH\Page 22 of 166 ZC 24-03 Narrative NorthStar Truck & RV Parking LLC is seeking a PUD to provide outdoor storage for semi-trucks, trailers, recreational vehicles, buses, boats, containers, container chassis, heavy equipment, light equipment and personal vehicles. The subject parcel is part of a larger parcel divided between two cities with approximately 6.75 acres of additional land in Ramsey. The city review will only be for the 3.83 portion located in the city limits. The site is fenced with a gate that will be accessible via a code, providing clients with 24-hour access to the site. The owner will be the only employee working on the property. Parking 80 storage stalls are available, and the surface currently consists of Class 5 material but will be covered with asphalt in the near future. Fencing There is existing decorative fencing along the railroad tracks and Jarvis Street. There will be no building on the Elk River property. Page 23 of 166 Page 24 of 166 Page 25 of 166 Page 26 of 166 Page 27 of 166 Page 28 of 166 Page 29 of 166 Page 30 of 166 Page 31 of 166 Page 32 of 166 Page 33 of 166 Page 34 of 166 Page 35 of 166 Page 36 of 166 Page 37 of 166 Page 38 of 166 Page 39 of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age 40 of 166 Northstar Truck & RV Parking Staff photos taken January 14, 2025 Photo 1. The site is behind the fence. Residential property is wooded. Photo 2. The entryway off Jarvis St. Page 41 of 166 Photo 3. Looking northward from the entryway highlighting the fence. Photo 4. Inside looking east at the berm on the Links at Northfork property. Page 42 of 166 Photo 5. Looking southeast at the berm. Phot 6. Trailers and miscellaneous items. Page 43 of 166 Photo 7. Looking southeast with the railroad on the right. Photo 8. The middle of the site with trucks, cars, and junk vehicles. Page 44 of 166 Photo 9. Looking north at the adjacent residential property . Page 45 of 166 City of Elk River Ordinance _____ City of Ramsey Ordinance #25-04 The Cities of Ramsey and Elk River hereby ordain: WHEREAS, Northstar Truck and RV Parking LLC owns land in the cities of Ramsey and Elk River described as: Parcel 1 (Ramsey): That part of the South 1155 feet of the West 297 feet of the Southwest Quarter of the Southwest Quarter of Section 18, Township 32, Range 25, Anoka County, Minnesota, lying North of the railroad right-of-way, excluding road, subject to easement of record. Parcel 2 (Elk River): That part of the Southeast Quarter of the Southeast Quarter of Section 13, Township 32, Range 26, Sherburne County, Minnesota, described as follows: Beginning on the East line or said Section, 2.56 chains North or the Southeast corner thereof and at a point where said line is crossed by the Easterly line of the right-of-way of the St. Paul, Minneapolis & Manitoba Railway Company; thence North on section line 11.39 chains to center of road from State Road to Quarter post in said section line; thence South 47-1/2 degrees West to said Easterly line of said right-or-way; thence South 30 degrees East along said right-of-way to beginning. Collectively, “Subject Properties;” and WHEREAS, the Subject Properties cross the municipal and county borders; and WHEREAS, the Subject Properties are guided Industrial in the Elk River 2040 Comprehensive Plan and Business Park in the Ramsey 2040 Comprehensive Plan; WHEREAS, the property owner’s business is consistent with each city’s Comprehensive Plans, yet inconsistent with the current zoning classifications; and WHEREAS, both Cities agree that it is in the best interest to have common and consistent land use regulations for the Subject Properties; and WHEREAS, both Cities jointly adopt this ordinance in conformance with each City’s Charter and other municipal regulations. Section 1. Authority. This ordinance is adopted pursuant to and under the authority of the City Charter of the City of Ramsey and the City Charter of the City of Elk River. Section 2. Zoning Map Amendment. Pursuant to Article VII – Planned Unit Developments of Ramsey City Code and Section 30-1564 of Elk River City Code, the Subject Properties are hereby rezoned from I-1 Light Industrial (Ramsey) and I3 General Industrial (Elk River) to PUD Planned Unit Development: Page 46 of 166 Section 3. Uses within the Planned Unit Development 3.1 The use of the property shall only be in conformance with uses described within this PUD. 3.2 Use of the property is a business use for parking of the following: a. Semi-trucks, semi-trailers, and other delivery trucks; b. Recreational vehicles, campers, motorhomes, and fifth-wheel trailers; c. Boats; and d. Personal vehicles related to a vehicle in a., b., or c. above. 3.3 The use of this property may not be used for any vehicles owned by a business holding a state dealer’s license or any inoperable or unlicensed vehicle, 3.4 Outdoor storage of any products, equipment, materials, supplies, or debris is not permitted, except for snow removal equipment and supplies for the site in conformance with the applicable municipality’s regulations. Section 4. Site Development Standards 4.1 The site plan, grading and drainage plans, and landscape plan shall conform to the plan set dated ____ as prepared by Engineering Design & Surveying (EDS) and approved by each municipality’s City Engineer for construction. 4.2 All subsequent modifications to the site improvements must be in conformance with each municipality’s regulations. Section 5. Site Performance Standards 5.1 All vehicles must be properly licensed. 5.2 In the event a gate is installed, access to the property must include key boxes for both Elk River and Ramsey Fire Departments. 5.3 A concrete stripe must be maintained along the city/county border in order to clarify any relevant jurisdictional issues. Section 6. Memorialization. Ramsey City Code Section 106-739 is amended to add “Northstar Truck and RV Parking” and this ordinance number to the list of approved Planned Units of Record. Section 7. Summary The following official summary of Ordinance #25-04 has been approved by the City Council of the City of Ramsey as clearly informing the public of the intent and effect of the Ordinance: Page 47 of 166 “Ordinance #25-04 rezones property from I-1 within the City of Ramsey and I3 within the City of Elk River to PUD and sets forth standards on the uses and site improvements thereon. The property is addressed 15861 Jarvis St. NW with Anoka County Parcel ID of 18-32-25-33-0002 and Sherburne County Parcel ID of 75- 00013-4405.” PASSED by the City Council of the City of Ramsey, Minnesota, the ___ day of February, 2025. Mayor ATTEST: City Clerk PASSED by the City Council of the City of Elk River, Minnesota, the ___ day of February, 2025. Mayor ATTEST: City Clerk Introduction date: Posting dates: Adoption date: Publication date: Effective date: Page 48 of 166 Councilmember __________ introduced the following resolution and moved for its adoption: RESOLUTION #25-028 A RESOLUTION APPROVING A SITE PLAN REVIEW FOR NORTHSTAR TRUCK AND RV PARKING AT 15861 JARVIS STREET NORTHWEST WHEREAS, The City of Ramsey received an application from Northstar Truck and RV Parking (the “Applicant”) requesting a Planned Unit Development with a Site Plan Review approval on the property legally described as follows: That part of the South 1155 feet of the West 297 feet of the Southwest Quarter of the Southwest Quarter of Section 18, Township 32, Range 25, Anoka County, Minnesota, lying North of the railroad right-of-way, excluding road, subject to easement of record. (the “Subject Property”). WHEREAS, the Subject Property is zoned PUD, Planned Unit Development, which is a specialized zoning designation, and guided for business park uses in the 2040 Comprehensive Plan; and WHEREAS, all principal uses within the PUD zoning district require a formal Site Plan Review from Planning Commission and City Council; and WHEREAS, the Applicant appeared before the Planning Commission for a public hearing on January 23, 2025, that said public hearing was properly advertised; and WHEREAS, the Planning Commission reviewed the Site Plan at their regular meeting on January 23, 2025, and recommended _________; and WHEREAS, the City Council reviewed the request at their meeting on February 11, 2025. NOW THEREFORE, BE IT RESOLVED BY THIS CITY COUNCIL OF THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: That the Ramsey City Council hereby grants approval of the Site Plan for Northstar Truck and RV Parking on the Subject Property in accordance with relevant City Codes, subject to the following conditions: 1. Final legal form approved by the City Attorney. 2. That the Applicant enters into a Development Agreement with the City and provide the necessary sureties guaranteeing the work will be done according to plan and in a timely manner. 3. That the Applicant shall update plans based on Staff comments as noted in ProjectDox. Page 49 of 166 RESOLUTION #25-028 Page 2 of 2 4. That the Applicant shall secure all other necessary permits from other applicable agencies, including the City of Elk River and the Lower Rum River WMO, and provide a copy of said permits to the City. 5. If a gate is to be added from the Jarvis Street NW entrance, fire department lock boxes for both the Ramsey and Elk River Fire Departments are required. 6. Landscaping on the adjacent golf course property must receive written permission. 7. All site improvements must be made according to plans dated ____ prepared by EDS and approved by the City Engineer. 8. All site improvements noted on said plans must be completed within one year of the date of approval of this resolution. 9. This Site Plan Review resolution is contingent upon rezoning of the Subject Property from I-1 to PUD. Page 50 of 166 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To Planning Commission Item Number 4.2 Meeting Date February 25, 2025 Prepared By Chris Leeseberg, Senior Planner Item Description Conditional Use Permit Amendment: Outdoor Storage, 12777 Meadowvale Rd. NW, Elk River WinLectric Reviewed by Zack Carlton Action Requested Recommend, by motion, approval of an amendment to Conditional Use Permit (CU 22-11) extending the conditions deadline until July 1, 2025, and add a condition that all areas utilized for outdoor storage be completely screened from view from all public rights-of-way. Background/Discussion The subject parcel was granted a Conditional Use Permit (CUP) in 2022 yet has to be recorded. One of the conditions of approval required the removal of three temporary outdoor storage structures from the property within two years of City Council approval of the CUP (by July 18, 2024). One of these structures was removed. The applicant has indicated a continued need for these structures while securing nearby indoor storage and is requesting an extension to the timeline for their removal until July 1, 2025. Additionally, another condition of approval with the original CUP stipulated that all outdoor storage must occur within fenced areas. Currently, the area behind the building continues to be used for outdoor storage. If this area is to remain in use for outdoor storage, it must be screened to be in compliance with Section 30- 807, which mandates that outdoor storage areas be completely screened from view from all public rights-of- way. Staff recommends the CUP (CU 22-11) conditions deadline be extended to July 1, 2025, and add a condition that all areas utilized for outdoor storage be completely screened from view from all public rights-of-way. Financial Impact None Mission/Policy/Goal Appropriately govern in an ever-changing environment. Attachments 1. CU 24-22 Location Map Page 51 of 166 2. Aerials 3. CU 22-11 CC Action Letter Page 52 of 166 Page 53 of 166 Page 54 of 166 Page 55 of 166 Page 56 of 166 Phone: 763.635.1000 www.ElkRiverMN.gov August 8, 2022 Troy Tramm Via email: Tetamm@winlectric.com 12777 Meadowvale Road Elk River, MN 55330 Wholesalers Property CO LLC – Ward Allen 3110 Kettering Blvd Kettering, OH 45439 RE: City Council Action for Case No. CU 22-11 To Whom it May Concern: On July 18, 2022, the City Council reviewed your application for a Conditional Use Permit to allow outdoor storage at 12777 Meadowvale Road, and approved the request with the following conditions: 1. The property shall comply with Section 30-807. 2. Fencing, as outlined in Section 30-807, shall be installed in the location as shown on the site plan dated July 18, 2022. 3. The fence shall be installed by June 1, 2023. 4. The parking lot shall be striped by September 1, 2022. 5. All outdoor storage must occur in fenced in areas or within the three temporary structures. 6. No product can be stored on top of the three temporary structures or higher than the top of the fence. 7. The temporary structure located in the northwest corner shall be relocated next to the other two temporary storage structures by September 1, 2022. 8. The three temporary outdoor storage structures shall be removed from the property two years after City Council approval of the CUP (July 18, 2024). 9. An amendment to this Conditional Use Permit will be required for any changes to the site plan dated July 18, 2022. If you have any questions regarding the meeting or the conditions listed above, please let me know. Once the above conditions have been met, the permit will be recorded at Sherburne County and a copy sent to you. Sincerely, Chris Leeseberg, Senior Planner Ph: 763.635.1033 cleeseberg@ElkRiverMN.gov Page 57 of 166 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To Planning Commission Item Number 4.3 Meeting Date February 25, 2025 Prepared By Zack Carlton, Community Development Director Item Description Preliminary Plat and Ordinance Amendment (PUD): The Villas at Fillmore Third Addition, PID 75-00931- 0030, Riverside Development Reviewed by Chris Leeseberg Action Requested Recommend, by motion, approval of an ordinance amendment codifying and updating the PUD for The Villas at Fillmore. Recommend, by motion, approval of the preliminary plat for The Villas at Fillmore Third Addition, with the following Conditions: 1. Council approval of the ordinance amendment approving the PUD changes. 2. A Water Availability Charge for each lot must be paid before connection to the municipal water system. 3. A tee will need to be installed for each connection to the existing HDPE water main; tapping HDPE pipe will not be permitted. 4. Compliance with the City of Elk River Engineering Design Standards is mandatory for all planning and construction activities. 5. The development agreement must include a prorated cost share for the water main extension that was installed along Fillmore Street in 2022 and was paid for by ERMU in the amount of $32,725. 6. The sanitary sewer will be privately owned/maintained. 7. The storm pipe will be privately owned/maintained as it captures only storm water from the private street. 8. Extend sewer and water stubs to easement line. 9. All retaining walls will be privately owned and maintained by the property owners or HOA, this must be noted on the plans. 10. The developer will need to install one to two pipe crossings under the private road. ERMU will provide the pipe and location of crossings when ready. 11. Electrical service for the lift station is considered commercial. The developer will need to provide a secondary electric service. Background/Discussion The applicant is proposing to complete the final phase of The Villas at Fillmore. This phase includes six single- family lots located on a private drive. The site has limited development potential due to existing wetlands, storm water features, sanitary sewer limitations, and a large overhead powerline. These factors contributed to the developers decision to construct the project with a private street. Page 58 of 166 Site Plan The project includes one private cul-de-sac providing access to all six parcels, which are generally 60-feet wide. Parking is provided on the driveway and with six parking stalls perpendicular to the private street. The homes will be a minimum of 10-feet apart and maintenance will be addressed with an HOA. Public Utilities All six homes will be connected to city sewer and water. However, the sewer service requires a private lift station to convey the effluent to the city's system. The city will not maintain this lift station, and the development will connect to the public system near the intersection of 177th Ave and Fillmore Street. The water main is located beneath the trail on the west side of Fillmore Street and the developer will need to make two connections to provide the required loop of service. The water main providing service to this phase was installed by the developer with the first phase of this subdivision, but ERMU reimbursed the developer as the extension was for a looped service at the time. ERMU has requested reimbursement for this cost as the extension is now providing service for this phase. These types of utility services are generally installed at the developer's expense. Ordinance Amendment The proposed ordinance amendment will take the place of a PUD agreement. The standards of the previous PUD agreement will be codified into city ordinances, providing more clarity and transparency for the public. The only changes proposed are for the inclusion of the third phase and memorializing the private street and utility items. Preliminary Plat City ordinance section 30-375 outlines the required findings for approval of a Preliminary Plat. 1. The proposed subdivision is consistent with the zoning regulations (article VI of this chapter) and conforms in all respects with all requirements of this Code, including the zoning regulations and this article. The property was rezoned to Planned Unit Development with the first phases of this subdivison. With the PUD designation, the development will follow their own development standards, as approved in the ordinance amendment for the PUD 2. The proposed subdivision is consistent with all applicable general and specialized city, county, and regional plans, including, but not limited to, the city's comprehensive development plan. As the property was rezoned to PUD and is guided for residential uses by the Comprehensive Plan, the subdivision is consistent with all applicable plans. 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and drainage are suitable for the type and density of development and uses contemplated. The physical characteristics of the site are suitable for the type and density of development and uses contemplated. 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation, erosion control and all other services, facilities and improvements otherwise required in this article. The subdivision will include infrastructure to meet city requirements. The sanitary service and required lift station will be privately owned and maintained, but will become public after making the connection to existing services. The water service also requires reimbursement for previous work paid for by ERMU, but that now serves the current development phase. Finally, additional permits required to comply with erosion control standards are required and will be secured prior to building permit issuance. These concerns have been included as conditions of approval. Page 59 of 166 5. The proposed subdivision will not cause substantial environmental damage. Although there will be site grading, the subdivision will not cause substantial environmental damage. 6. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court. 7. The proposed subdivision will not have an undue and adverse impact on the reasonable development of neighboring land. The only undeveloped property is one similarity size and shaped directly to the west of the subject parcel. The proposed subdivision will not impact reasonable development of neighboring land. 8. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate stormwater drainage. b. Lack of adequate roads. c. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. The subdivision is not premature as the above conditions have been provided for. Financial Impact None Mission/Policy/Goal Support the growth and development of the community. Responsibly grow. Opportunity to live, work, and play. Attachments 1. Location Map 2. Preliminary Plat 3. Civil Plans Page 60 of 166 Page 61 of 166 XXXXX X X X X X X X X X X XNRRLSE11RLUMRIVERANDSURVEYORSENGINEERS505 First Street, Princeton, MN 55371O - 763.389.4476 RRLSE.comSITENRRLSEPage 62 of 166 RLUMRIVERANDSURVEYORSENGINEERS505 First Street, Princeton, MN 55371O-763.389.4476 RRLSE.comPage 63 of 166 RLUMRIVERANDSURVEYORSENGINEERS505 First Street, Princeton, MN 55371O-763.389.4476 RRLSE.comPage 64 of 166 RLUMRIVERANDSURVEYORSENGINEERS505 First Street, Princeton, MN 55371O-763.389.4476 RRLSE.comPage 65 of 166 RLUMRIVERANDSURVEYORSENGINEERS505 First Street, Princeton, MN 55371O-763.389.4476 RRLSE.comPage 66 of 166 RLUMRIVERANDSURVEYORSENGINEERS505 First Street, Princeton, MN 55371O-763.389.4476 RRLSE.comPage 67 of 166 S.S. FLOATBRACKETJUNCTION BOX2" UNIONS.S. TOP GUIDERAIL BRACKET2" BRASS GATEVALVE2" S.S. PIPE& FITTINGSS.S. LIFTINGCABLES.S. GATE VALVEEXTENSION HANDLES.S. GUIDE RAILWALL BRACKETC.I. BALLCHECK VALVE12"3" TYP.36"2" BOLT ONCOUPLINGBRASS SLIDEAWAY COUPLINGS.S. GUIDE RAILS(1 PIECE)2" S.S.DISCHARGE PIPE8" PVC SDR 352" HDPE FORCEMAIN12'48"2" HDPEFORCEMAINSEE SHEET 14886.008" PVC SDR 35 - INLET PIPE889.45898.00-300 PSF LOAD RATINGØ54"x 1/4" ALUMINUMTREAD PLATE27"24"ALUMINUM ANGLEVENT LOCATION(WHEN REQ'D)S.S. HINGE2 PLACESALUMINUM ANGLE2"X 2"x 1/4"ALUMINUM FLAT BAR1/4" x 2"34"C.O.24"C.O.26"36"13"18"ALUMINUMFLAT BARPADLOCK BARHOLD OPEN ARMS.S. DROPHANDLE(6) Ø3/4" HOLES, EQUALSPACES ON A 51" B.C.PADLOCK BARRLUMRIVERANDSURVEYORSENGINEERS505 First Street, Princeton, MN 55371O-763.389.4476 RRLSE.comPage 68 of 166 MANHOLE COVERASSEMBLYFILTERASSEMBLYPOLYESTERSLEEVEISOMETRIC VIEWIN-PLACE ELEVATION VIEWFILTERASSEMBLYPOLYESTERSLEEVEMANHOLE COVERASSEMBLYMANHOLERLUMRIVERANDSURVEYORSENGINEERS505 First Street, Princeton, MN 55371O-763.389.4476 RRLSE.comPage 69 of 166 X X X X X X X XXRLUMRIVERANDSURVEYORSENGINEERS505 First Street, Princeton, MN 55371O-763.389.4476 RRLSE.comPage 70 of 166 X X X X X X X X●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●RLUMRIVERANDSURVEYORSENGINEERS505 First Street, Princeton, MN 55371O-763.389.4476 RRLSE.com●●●●●●●●●Page 71 of 166 880885890895900905910915880885890895900905910915RLUMRIVERANDSURVEYORSENGINEERS505 First Street, Princeton, MN 55371O-763.389.4476 RRLSE.comPage 72 of 166 880885890895900905910915880885890895900905910915RLUMRIVERANDSURVEYORSENGINEERS505 First Street, Princeton, MN 55371O-763.389.4476 RRLSE.comPage 73 of 166 X X X X X X X XRLUMRIVERANDSURVEYORSENGINEERS505 First Street, Princeton, MN 55371O-763.389.4476 RRLSE.comPage 74 of 166 RLUMRIVERANDSURVEYORSENGINEERS505 First Street, Princeton, MN 55371O-763.389.4476 RRLSE.comPage 75 of 166 880885890895900905910880885890895900905910RLUMRIVERANDSURVEYORSENGINEERS505 First Street, Princeton, MN 55371O-763.389.4476 RRLSE.comPage 76 of 166 Page 77 of 166 Page 78 of 166 Page 79 of 166 Page 80 of 166 Page 81 of 166 Page 82 of 166 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To Planning Commission Item Number 4.4 Meeting Date February 25, 2025 Prepared By Chris Leeseberg, Senior Planner Item Description Ordinance Amendment (PUD): Signage Requirements and Codification, Elk River Crossing Planned Unit Development, Tractor Supply Reviewed by Zack Carlton Action Requested Recommend, by motion, approval of an ordinance establishing and outlining the development standards for the Elk River Crossing Planned Unit Development and updating the signage standards. Background/Discussion The City Council approved the Planned Unit Development (PUD) for Elk River Crossing in 1999 and several subsequent amendments. The applicant, Tractor Supply, has requested an Ordinance Amendment to codify the PUD and allow additional signage for their outdoor garden center. The city code now requires that PUDs be established through an ordinance rather than the Conditional Use Permit (CUP) process. This change enhances access to PUD information for residents and developers while streamlining future amendments. City staff have drafted an ordinance maintaining the current permitted and conditional uses, along with architectural standards. It is recommended that signage for all freestanding and multi-tenant buildings complies with the Highway Commercial District (C3) Sign Ordinance. However, major tenants (Wal-Mart and Home Depot), will retain the signage allowances specified in the original PUD. Development and Entry signs will also remain consistent with the original PUD agreement. Attached is a graphic illustrating the affected areas, along with the original PUD agreement and amendments. Financial Impact None Mission/Policy/Goal Simplify city ordinances and policies. Support the growth and development of the residential community. Attachments 1. Ordinance Document - Elk River Crossing 2. Signage Exhibits Page 83 of 166 3. Sign Site Plan 4. Area Signage Exhibit 5. PUD Agreements and Amendments Page 84 of 166 Ordinance 25 - ____ An Ordinance Amending Chapter, 30, Division 9, Other Nonoverlay Districts, of the City of Elk River, Minnesota, City Code The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That Chapter 30, Division 9, Other Nonoverlay Districts, of the City of Elk River Code of Ordinances shall be amended to add the following Section: Section 30-1602. – Elk River Crossing PUD (a) Legal Description. The following described property located within the City of Elk River, Sherburne County, Minnesota is hereby zoned PUD, Planned Unit Development: Lot 1, Block 2, ELK RIVER CROSSING, Sherburne County, Minnesota Lot 2, Block 2, ELK RIVER CROSSING, Sherburne County, Minnesota Lot 1, Block 1, ELK RIVER CROSSING THIRD ADDITION, Sherburne County, Minnesota Lot 2, Block 1, ELK RIVER CROSSING THIRD ADDITION, Sherburne County, Minnesota Lot 3, Block 1, ELK RIVER CROSSING THIRD ADDITION, Sherburne County, Minnesota Lot 1, Block 1, ELK RIVER CROSSING FOURTH ADDITION, Sherburne County, Minnesota Lot 2, Block 1, ELK RIVER CROSSING FOURTH ADDITION, Sherburne County, Minnesota Lot 1, Block 1, ELK RIVER CROSSING FIFTH ADDITION, Sherburne County, Minnesota Lot 1, Block 1, ELK RIVER CROSSING SIXTH ADDITION, Sherburne County, Minnesota Lot 2, Block 1, ELK RIVER CROSSING SIXTH ADDITION, Sherburne County, Minnesota Lot 1, Block 1, ELK RIVER CROSSING SEVENTH ADDITION, Sherburne County, Minnesota Outlot A, ELK RIVER CROSSING SEVENTH ADDITION, Sherburne County, Minnesota Page 85 of 166 Lot 1, Block 1, ELK RIVER CROSSING EIGHTH ADDITION, Sherburne County, Minnesota Lot 2, Block 1, ELK RIVER CROSSING EIGHTH ADDITION, Sherburne County, Minnesota Lot 1, Block 1, THE HOME DEPOT ADDITION, Sherburne County, Minnesota (b) PUD Development Standards. The property shall be subject to the following standards. (1) Uses. a. Permitted Uses 1. Convenience stores. 2. Financial institutions. 3. Garden centers, which may include outdoor display. 4. Governmental, business and professional offices. 5. Non-profit clubs, lodges or halls. 6. Personal service establishments. 7. Retail shops and stores. 8. Veterinary clinics. b. Conditional uses. 1. Amusement and recreation uses. 2. Car washes. 3. Educational uses. 4. Hotel and motels. 5. Licensed day care facilities. 6. Motor vehicle service stations. 7. Motor vehicle specialty shops. 8. On-sale liquor establishments. 9. Restaurants (Class I and II). 10. Retail sale of gasoline. 11. Zero lot line development. (2) Architectural standards. a. Facades and exterior walls. 1. The Elk River Crossing development will represent the eastern terminus of the Main Street corridor which connects Highway 169 and the Central Business District. As such, the exterior appearance of the buildings should include elements of buildings found along the corridor and in the Central Business District. Facades should be articulated to reduce the massive scale and uniform impersonal appearances of large retail buildings and provide visual interest. Buildings over 100 feet in length should incorporate recesses, off-sets, pilasters or angular forms so that no uninterrupted Page 86 of 166 length exceeds 50 feet. The wall projection or recess should be a depth of approximately 3% of the length of the uninterrupted building length. Buildings should have architectural features and patterns that provide visual interest at a pedestrian scale. The features should be an integral part of the building fabric, and not be applied trim, graphics or paint. Variations to roof lines and cornice details should also be used to add interest to buildings. Exterior building materials and colors comprise a significant part of the visual impact of a building. Therefore, they should be aesthetically pleasing and compatible with materials and colors used in the Central Business District and along east Main Street. Facade colors should be subtle, neutral or earth tone colors. The development shall use a consistent palate of materials and colors throughout. Facades of a building which are visible from adjoining properties or public streets shall include certain design elements found on the front facades. Predominant exterior facade materials should include, but not limited to, one or more of the following: 1. Brick 2. Native stone 3. Tinted, textured, integrally colored concrete masonry units. 4. Stucco 5. Tilt-up concrete panels with exterior facades as referred to in these standards b. Entryways 1. Entrances should be clearly defined and visible. They should incorporate devices such as canopies, overhangs, recesses/projections, arcades, raised parapets over the doors, peaked roof forms, display windows, architectural details such as tile works and moldings which are integrated into the building design. c. Lighting 1. General site and street lighting (excluding general parking lot lighting) shall be a design that is compatible and connects with the lighting utilized in the Central Business District. It shall be at a pedestrian scale. Wall lighting fixtures shall be consistent with the pedestrian and general site lighting. Page 87 of 166 General parking lot lighting shall be at a height no greater than 30 feet. Poles and fixtures shall be a design that compliments the street and general site lighting standards and fixtures. d. Loading Areas, Trash Collection and Outdoor Storage 1. Loading docks, truck parking, HVAC equipment, and other service functions should be incorporated into the overall design of the building and screened from view of adjoining properties and streets. Trash compactors and dumpsters should be within an enclosure constructed of the same materials and colors as those used in the building. Outdoor areas used for the sale and/or display of seasonal inventory shall be permanently defined and screened with walls and/or fences and landscaping. Outdoor sales and display areas, except for garden centers, shall not exceed 5% of the ground floor area of the building. e. Canopies 1. Canopies located over pump islands are allowed provided the architectural design, colors and character of the canopy shall be consistent with the principle building on site. The fascia of the canopy shall not be illuminated. Canopy lighting shall consist of canister spotlights recessed into the canopy. No portion of the light source or fixture may extend below the bottom face of the canopy. (3) Signage. Signs shall be an integral part of the overall architectural design of a building and the project, rather than contrasting with it. They must consist of materials and design which compliments the architectural elements of the building and project. Signs must not be visually distracting or tend to dominate by means of location, size, color or lighting. All signs shall be internally illuminated. All freestanding signs shall be setback a minimum of 10 feet from all property lines and shall not obstruct visibility or encroach in any drainage or utility easements. a. Development Sign 1. One freestanding development sign identifying Elk River Crossing will be permitted along Highway 169. The sign shall be a monument style sign with a maximum height of 30 feet and a width of 16 feet. The number of tenants allowed on this sign shall be limited to 4. Total sign area shall not exceed 225 square feet and shall not exceed 10 feet in width. The sign shall be constructed of brick, face brick or Page 88 of 166 colored rock faced block and may include decorative brick and/or decorative glazed block as accents. b. Entry Signs 1. Two entry signs shall be allowed, one at the Main Street and Zane Street intersection and one at the Tyler Street and 179th Avenue intersection. These signs shall be a monument style sign with a maximum height of 8 feet and a width of 16 feet. Total sign area shall not exceed 128 square feet. The sign shall be constructed of brick, face brick or colored rock faced block and in may include decorative brick and/or decorative glazed block as accents. These entry signs may identify no more than 4 tenants. c. Monument Signs for Freestanding Sites 1. Each of the freestanding buildings within Elk River Crossing will be allowed to have a freestanding sign. The freestanding sign must be a monument style with a maximum height of 10 feet and a maximum area of 100 square feet. The sign shall be constructed of brick or face brick and in may include decorative brick and/or decorative glazed block as accents. d. Wall Signs for All Sites 1. All parcels within Elk River Crossing and not specifically mentioned herein shall comply with the City of Elk River High Commercial District Sign Ordinance Section 30-871 e. Wall Signs on North Side of Retail Building (L1, B1 The Home Depot Addition) 1. Wall signs for the retail building attached to the north side of the proposed home improvement store shall consist of individual letters. Capital letters shall not exceed 36" high, lower-case letters shall not exceed 24" high. Signs shall be for store identity only and shall not be allowed on the rear or side of building. Signs shall not extend closer than 3 or 4 feet from the projected lease line. If the space is leased by a single tenant, sign area shall not exceed 10 percent of the area of the building wall, including doors and windows, to which the sign is to be affixed. f. Major Tenant Wall Signage (L2, B2 Elk River Crossing & L1, B1 The Home Depot Addition) Page 89 of 166 1. Total wall sign area for major tenants should not exceed 7% of the front facade of the principal structure and must consist of individually mounted letters and corporate logos. Letters shall not exceed 6 feet in height and logos shall not exceed 10 feet in height. All signage shall be internally illuminated. g. Other Signs 1. All other signage that may occur within Elk River Crossing and not specifically mentioned herein shall comply with the City of Elk River Sign Ordinance. All requests which are not consistent with conditions, character and intent of the Elk River Crossing PUD may be denied by the City. Page 90 of 166 Page 91 of 166 Page 92 of 166 Page 93 of 166 Page 94 of 166 Page 95 of 166 Page 96 of 166 PLANNED UNIT DEVELOPMENT AGREEMENT ELK RIVER CROSSING THIS PLANNED UNIT DEVELOPMENT AGREEMENT ("PUD Agreement"), made and entered into this 21st ,day of December 1999, by and between the CITY OF ELK RIVER, a municipal corporation organized under the laws of the State of Minnesota (the "City"); and Associated Investors of Elk River, Inc., a Minnesota corporation, (the "Developer"); WITNESSETH: WHEREAS, Developer has made application to City for approval of a Conditional Use Permit (the "Conditional Use Permit") to develop a shopping center project (the "Project") as a Planned Unit Development, pursuant to Sections 900.12(15) and 900.42 of the Elk River City Code of Ordinances, on certain property located within the City and described on Exhibit A attached hereto (the "Property"); and WHEREAS, the City Council of the City of Elk River (the "City Council") adopted Resolution No. 99- (attached as Exhibit B hereto) on May 17, 1999, approving the Conditional Use Permit for the Project, subject to a number of conditions; and Page 97 of 166 Elk River Crossing PUD Agreement December 1999 WHEREAS, one of the conditions of the approval of the Conditional Use Permit is that Developer enter into a Planned Unit Development Agreement PUD Agreement") with City to be approved by the City Council; and WHEREAS, the purposes of the PUD Agreement are to set forth the standards, uses and procedures for development of the Project as a Planned Unit Development; NOW, THEREFORE, in consideration of the premises and the mutual promises and conditions hereafter contained, it is hereby agreed as follows: 1. Warranty of Developer -Developer hereby warrants and represents to City, as inducement to City's entering into this PUD Agreement, that: a) Developer is the fee owner of that portion of the Property so identified on Exhibit A hereto. b) Developer will acquire the remaining parcels located within the Property, as identified on Exhibit A hereto. This PUD Agreement is contingent on Developer acquiring all of the parcels identified as the Property on Exhibit A hereto. c) Developer intends, following approval of a final plat of the Property, to sell some parcels within the Property to third parties unrelated to Developer (Third Parties). This PUD Agreement shall be binding on Third Parties. 2. Development -The Project shall be developed in accordance with the plans attached as Exhibit C hereto, as the same may be amended as part of future amendments to the Conditional Use Permit for the Project, subject to obtaining site plan approval for each parcel within the Property as provided by this PUD Agreement: Exhibit C -Plans: Site Plan Landscape Plan Grading Plan Setback Plan Sign Plan Development Standards, including: Architectural Theme, including Building Materials 2 Page 98 of 166 Elk River Crossing PUD Agreement December 1999 3. Uses - a) Permitted Uses -The following uses shall be allowed as permitted uses within the Project, subject to the approval process set forth in paragraph 4: Governmental, business and professional offices Retail shops and stores Personal service establishments Financial institutions Non-profit clubs, lodges or halls Veterinary clinics Convenience stores Garden centers, which may include outdoor display b) Conditional Uses - The following uses shall be allowed as conditional uses within the Project: Amusement and recreation uses Hotel and motels Licensed day care facilities Educational uses Motor vehicle service stations Motor vehicle specialty shops Car washes Restaurants (Class I and II) On-sale liquor establishments Retail sale of gasoline Zero lot line development 4. Approval by City -City hereby approves the Project as shown in the attached exhibits provided, however, that insofar as the exhibits vary from the written terms of this PUD Agreement, the written terms shall govern. This approval is subject to individual site and building plan review and approval as follows: O1) Site Plan Approval - a) Site plan approval shall be required prior to issuance of a building permit for any lot within the Project, both for initial construction and for any subsequent expansion, exterior remodeling of a structure, redevelopment of a site, or substantial revision of an approved site plan. 3 Page 99 of 166 Elk River Crossing PUD Agreement December 1999 b) Each site plan approval request shall be accompanied by such plans and supporting materials as City staff shall require, and shall be reviewed by the Planning Commission and City Council in a public hearing held thereon before approval. c) Site plan approval shall be granted only if the City Council finds that the proposed site plan is consistent with the terms and conditions of the Conditional Use Permit for the Project, this PUD Agreement, applicable City Ordinance requirements and all other legal requirements. City reserves the right to refuse approval of an individual site plan if, in the City Council's judgment, this condition is not met. d) The City Council may, when approving individual site plans, impose such conditions as it shall deem necessary to insure that the Project complies with the requirements of this PUD Agreement, as amended from time to time, the Conditional Use Permit, as amended from time to time, and the City Code of Ordinances. 02) Conditional Use Permit Approval - In addition to the site plan approval process set forth above, a conditional use permit shall be applied for and approved, pursuant to the Elk River Zoning Ordinance, for any conditional use in the Project. Each such conditional use shall be considered and acted upon by the City Council pursuant to the standards set forth in the Zoning Ordinance for conditional uses, as well as the standards and requirements set forth in this PUD Agreement and the attachments hereto. 03) Planned Unit Development Amendment - In addition to site plan approval and conditional use permit approval for individual lots and sites v~~ithin the Project, any substantial revision to the Plans identified in paragraph 2 of this PUD Agreement and attached as Exhibit C hereto which affects more than one lot or site shall require an amendment, by Conditional Use Permit, of the Planned Unit Development. 5. Public Improvements -Public Improvements for the Project shall be installed and paid for as provided by the terms of the Developer Agreement entered into between Developer and City attached as Exhibit D to this PUD Agreement. Any violation by Developer of the terms of the Developer Agreement shall be a violation of this PUD Agreement, and shall be grounds for City invoking against Developer the remedies provided for by this PUD Agreement, including denial of site plan review or other approval for one or more of the lots in the Project. 6. Maintenance of Protect Areas - 4 Page 100 of 166 Elk River Crossing PUD Agreement December 1999 0) Litter Control -Developer and all Third Party owners of lots within the Subdivision shall pick up litter as needed, at least once per month except during winter weather), from: all parking and landscaped areas on their property a) public rights-of--way adjacent to their property, including the Highway 169 right-of-way east of the northbound lane, the Main Street Right-of-Way South of Main Street, the entire rights-of-way of Tyler Street and Crossing Avenue, and all ponding and wetland areas within the Project. 1) Maintenance Agreements - Developer shall provide evidence of satisfactory provision for control and maintenance of jointly used or commonly owned parking, drainage and landscaped areas within the Project. Reciprocal parking and access easements and maintenance agreements shall be provided to and approved by the City Attorney prior to the issuance of certificates of occupancy so as to insure satisfactory control, ownership and maintenance. These agreements shall provide that Developers and their successors shall be obligated to maintain all common areas, drainage areas, outlots and landscaping in the Project, including all wetland and ponding areas, in perpetuity. 2) Enforcement -Failure of Developer or a Third Party to meet its maintenance obligations under this paragraph will be grounds for City to invoke against that party any remedy which City has under this PUD Agreement. 7. Remedies -Should Developer or a Third Party breach any of the terms and conditions of this PUD Agreement, and if such breach is not cured within thirty (30) days after written notice, or if such cure shall reasonably require longer than thirty (30) days to cure within such longer period as shall be reasonably necessary to cure such breach provided Developer or the Third Party commences cure within such thirty (30) day period and diligently proceeds to cure such breach thereafter, City shall have any or all of the following remedies against the party who has breached: 1) Withhold site plan approval for undeveloped lots; 2) Withhold issuance of building permits or certificates of occupancy for any structure within the Project; 3) Halt construction on public improvements not commenced or not completed; 4) Institute prosecution of Developer or the Third Party under the relevant provisions of the City Zoning Ordinance; 5 Page 101 of 166 Elk River Crossing PUD Agreement December 1999 5) Draw upon any financial security provided the City to assure compliance; 6) Institute a civil action to compel compliance or recover damages or both. 8. Additional Specific Conditions - The conditions set forth in Resolution No. 99- 26 approving the Conditional Use Permit for the Project are specifically incorporated into this PUD Agreement and made a part hereof. Violation of any of the conditions set forth in that Resolution shall be a violation of the terms of this PUD Agreement. 9. General Conditions - If Developer or a Third Party fails to comply with any of the provisions hereof, City may refuse to issue to the Party in breach a building permit or certificate of occupancy for any lot or parcel in the Project. Developer agrees to advise purchasers of any lot or parcel within the Project of the existence of this PUD Agreement, and the obligations and restrictions created herein prior to the completion of a sale. Further, Developer agrees to save and hold City harmless from any and all claims or actions arising from the right to withhold the issuance of such permits and certificates and from other provisions hereof. 10. Binding Effect -The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all Third Parties or other future owners of all or any part of the Project, and shall be deemed covenants running with the land. This agreement shall be placed of record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Project, and all recording fees, if any, shall be paid by Developer. 11. Severable - In the event that any portion of this PUD Agreement shall be held invalid for any reason, the same shall not affect in any respect whatsoever the validity of the remainder of this PUD Agreement. 12. Waiver -Any waiver, whether expressed or implied, by any party or a breach of any provision of this Agreement, will not operate as or be construed to be a waiver of any subsequent breach of this Agreement. 13. Notices -All notices and demands specified herein shall be deemed appropriately and timely given when delivered personally or deposited in the United States Mail to the addresses hereinafter set forth by certified mail return receipt requested). The addresses of the parties hereto are as follows until changed by written notice given as above: 6 Page 102 of 166 Elk River Crossing PUD Agreement December 1999 If to the City at: City of Elk River Attn: City Administrator P.O. Box 490 13065 Orono Parkway Elk River, Minnesota 55330 If to the Developer at: Associated Investors Of Elk River, Inc. Attn: Mathias Fischer 14698 Galaxie Avenue Apple Valley, MN 55124 With a copy to: Anthony J. Gleekel, Esq. Siegel, Brill, Greupner, Duffy 8s Foster, P.A. 1300 Washington Square 100 Washington Avenue South Minneapolis, MN 55401 Wal-Mart Stores, Inc. 2001 S.E. 10~ St. Bentonville, Arkansas, 72716 Attention: Mn. Real Estate Mgr.-Store # 90192 Wal-Mart Stores, Inc. 2001 S.E. 10~ St. Bentonville, Arkansas, 72716 Attention: General Counsel -Store # 90192 14. Incorporation by Reference - All plans, special provisions, proposals, specifications and contracts made or to be made pursuant to this PUD Agreement shall be and hereby are made a part of this PUD Agreement by reference as fully as if set forth herein in full. 15. Entire Agreement -This PUD Agreement, together with the exhibits attached hereto, sets forth the entire understanding between the parties, there being no terms, conditions, warranties or representations other than those contained herein, including the exhibits hereto, and no amendments hereto shall be valid unless made in writing and signed by all the parties hereto. 7 Page 103 of 166 Elk River Crossing PUD Agreement December 1999 IN WITNESS WHEREOF, the City and Developer have caused this PUD Agreement to be duly executed on the day and year first above written. CITY OF ELK RIVER By. Q - Steph nie A. Klinzing Its: Mayor B ~~ ~tiYY• Patrick D. Klaers Its: City Administrator DEVELOPER: STATE OF MINNESOTA ) SS. COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this ~ day of ~ri~;: S , ~~.\ , 1999, by Stephanie A. Klinzing and Patrick D. Klaers, the Mayor and City Administrator, respectively, for the City of Elk River, Minnesota. T°•• ALICE K. HEINECKE V "' ` ~ NOTARY PUBLIC-MINNESOTA SHER6URNE COUNTY My Commission ExpiresJan.31, 2000 Notary Public 8 ASSOCIATED INVESTORS OF ELK Page 104 of 166 Elk River Crossing PUD Agreement December 1999 STATE OF MI NESOTA ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this (~ day of pgeEK~i~. 1999, by b~~~~N ~~tKO.~1 ,the S~R.~T'-~1:.y of Associated Investors of Elk River, Inc., a Minnesota corporation, on behalf of the corporation. PAULA HENDRICKSON Notary Public Minnesota My Commissbn Expires Jan 31 2005 Notary Public THIS INSTRUMENT WAS DRAFTED BY: Doherty, Rumble & Butler Professional Association 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402 9 Page 105 of 166 EXHIBIT A LEGAL DESCRIPTION Lots 1-5, inclusive, Block 1, Lots 1-3, inclusive, Block 2, and Lot 1, Block 3, Elk River Crossing e Page 106 of 166 396872 EXHIBIT B STATE OF MINNESOTA C~i,,., . ... .. _.._..,. SH=~~U~iit CO. ~~fr'i. MICFI~LLE ASHY g~t -~PUTY 99 AUG 25 Pfd i2 25 CITY OF ELK RIVER CITY COUNCIL COUNTY OF SHERBURNE CONDITIONAL USE PROCEEDINGS CITY OF ELK RIVER In the matter of: Associated Developers of the Twin Cities, Inc. Request: Conditional Use Permit for Commercial/Retail Development Project (Elk River Crossing), Case No. CU 99-26 ORDER GRANTING CONDITIONAL USE Earl H. Hohlen and Lorraine Hohlen; James Mevissen, and Delton Warden and Joan Warden, Owners The above entitled matter came to be heard before the City Council on the 17tH day of May, 1999, on a petition for a Conditional Use pursuant to the City of Elk River Zoning Ordinance, for the following described property: See Attached Exhibit A PID #'S 75-002-2200, 75-135-3310, and 75-135-3315) IT IS ORDERED that a Conditional Use be granted as upon the following conditions or reasons: 1. A FINAL LANDSCAPE PLAN AND LIGHTING PLAN BE SUBMITTED AND APPROVED Ar BY THE CITY. 2. DESIGN GUIDELINES BE ESTABLISHED AND APPROVED BY THE CITY. 3. THE PEDESTRIAN ACCESS BETWEEN LOT 2, BLOCK 2 AND LOT 3, BLOCK 2, PARKING LOTS BE 24 FEET. 4. THE LANDSCAPED ISLANDS IN THE LOT 2, BLOCK 2, PARKING LOT BE MORE CENTRALLY LOCATED. DATED this 17th day of May, 1999. Page 107 of 166 3y~~~~; STATE OF MINNESOTA ) COUNTY OF SHERBURNE) ss. CITY OF ELK RIVER ) OFFICE OF CITY PLANNING AND ZONING CITY OF ELK RIVER I, Michele McPherson, Director of Planning for the City of Elk River with and in for said City, do hereby certify that I have compared the foregoing copy and Order granting a Conditional Use with the original record thereof preserved in my office, and have found the same to be a true transcript of the whole thereof. If the proposed work described in a conditional use permit has not been substantially completed within two (2) years after its date of issuance, the permit shall expire and become void except that the Council may, following recommendations of the Planning Commission, extend the permit for an additional period determined by the council on the receipt of a request for a permit extension prior to its expiration. A Conditional Use permit authorizes only the use specified in the permit and shall expire if, for any reason, the authorized use ceases for more than one (1) year. Mi hele McPherson Dir ctor of Planning IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at F~k River, esota, in the County of Sherburne, in the City of Elk River, on the _~ day of 1999. DRAFTED BY: City of Elk River Elk River, Minnesota 55330 s DEBORAH KAY HUEB~lER NOTARY PUBLIC-MINNESOTAo~fY`f ,.• My Commission6cpiresJan.31.2000 elkriver\sys\Shrdoc\recordin\cu99-26.doc Signed fore me a NOTARY PUBLIC this ~ day of , 1999. Page 108 of 166 3y~~~z Exhibit A PARCEL 1 The Northwest Quarter of the Northwest Quarter of Section 2, Township 32, Range 26, Sherburne County, Minnesota, EXCEPT that part thereof which lies westerly of n line run parallel with and distant 200 feet easterly of the west line of said Section 2. PARCEL 3 That part of the Southwest Quarter of the Southwest Quarter of Section 35, Township 33, Range 26, Sherburne County, Minnesota, tying south of County State Aid Highway No. 12, east of the west 00 feet thereof, PARCEL 4 The west 200 feet of the Southwest Quarter of Section 35, Township 33, Range 26, Sherburne County, Minnesota lying south of road. PARCEL 5 That part of the Southeast Quarter of the Southeast Quarter of Section 34, Township 33, Range 26, Sherburne County, Minnesota, lying east of Highway 169. elkriver\sys\shrdoc\recordin1cu99-26.doc Page 109 of 166 Elk River Crossing PUD Agreement EXHIBIT C Plans, including: Site Plan Landscape Plan Grading Plan Setback Plan Sign Plan Development Standards, including: Architectural Theme, including Building Materials December 1999 12 Page 110 of 166 Elk River Crossing PUD Agreement EXHIBIT D December 1999 Developer Agreement for Elk River Crossing, has been recorded as document number and is hereby incorporated by reference in this Agreement. GP:606561 vl S: \PLANNING\AGREEMTS\ercrpud.doc 13 Page 111 of 166 DEVELOPMENT STANDARDS Architectural Character 1. Facades and Exterior Walls The Elk River Crossing development will represent the eastern terminus of the Main Street corridor which connects Highway 169 and the Central Business District. As such, the exterior appearance of the buildings should include elements of buildings found along the corridor and in the Central Business District. Facades should be articulated to reduce the massive scale and uniform impersonal appearances of large retail buildings and provide visual interest. Buildings over 100 feet in length should incorporate recesses, off-sets, pilasters or angular forms so that no uninterrupted length exceeds 50 feet. The wall projection or recess should be a depth of approximately 3% of the length of the uninterrupted building length. Buildings should have architectural features and patterns that provide visual interest at a pedestrian scale. The features should be an integral part of the building fabric, and not be applied trim, graphics or paint. Variations to roof lines and cornice details should also be used to add interest to buildings. Exterior building materials and colors comprise a significant part of the visual impact of a building. Therefore, they should be aesthetically pleasing and compatible with materials and colors used in the Central Business District and along east Main Street. Facade colors should be subtle, neutral or earth tone colors. The development shall use a consistent palate of materials and colors throughout. Facades of a building which are visible from adjoining properties or public streets shall include certain design elements found on the front facades. Predominant exterior facade materials should include, but not limited to, one or more of the following: brick native stone tinted, textured, integrally colored concrete masonry units. stucco tilt-up concrete panels with exterior facades as referred to in these standards Predominant exterior building materials shall not include the following: smooth faced concrete block Page 112 of 166 smooth faced or raked faced tilt up concrete panels prefabricated steel panels. 2. Entryways Entrances should be clearly defined and visible. They should incorporate devices such as canopies, overhangs, recesses/projections, arcades, raised parapets over the doors, peaked roof forms, display windows, architectural details such as the works and moldings which are integrated into the building design. Lighting General site and street lighting (excluding general parking lot lighting) shall be a design that is compatible and connects with the lighting utilized in the Central Business District. It shall be at a pedestrian scale. Wall lighting fixtures shall be consistent with the pedestrian and general site lighting. General parking lot lighting shall be at a height no greater than 30 feet. Poles and fixtures shall be a design that compliments the street and general site lighting standards and fixtures. Loading Areas, Trash Collection and Outdoor Storage Loading docks, truck parking, HVAC equipment, and other service functions should be incorporated into the overall design of the building and screened from view of adjoining properties and streets. Trash compactors and dumpsters should be within an enclosure constructed of the same materials and colors as those used in the building. Outdoor areas used for the sale and/or display of seasonal inventory shall be permanently defined and screened with walls and/or fences and landscaping. Outdoor sales and display areas, except for garden centers, shall not exceed 5% of the ground floor area of the building. Canopies Canopies located over pump islands are allowed provided the architectural design, colors and character of the canopy shall be consistent with the principle building on site. The fascia of the canopy shall not be illuminated. Canopy lighting shall consist of canister spot lights recessed into the canopy. No portion of the light source or fixture may extend below the bottom face of the canopy. Signage Page 113 of 166 Signs shall be an integral part of the overall architectural design of a building and the project, rather than contrasting with it. They must consist of materials and design which compliments the architectural elements of the building and project. Signs must not be visually distracting or tend to dominate by means of location, size, color or lighting. All signs shall be internally illuminated. All freestanding signs shall be setback a minimum of 10 feet from all property lines and shall not obstruct visibility or encroach in any drainage or utility easements. Development Sign One freestanding development sign identifying Elk River Crossing will be permitted at the corner of Main Street and Highway 169. The sign shall be a monument style sign with a maximum height of 30 feet and a width of 16 feet. The number of tenants allowed on this sign shall be limited to 4. Total sign area shall not exceed 225 square feet and shall not exceed 10 feet in width. The sign shall be constructed of brick, face brick or colored rock faced block and may include decorative brick and/or decorative glazed block as accents. Entry Signs Two entry signs shall be allowed, one at the Main Street and Zane Street intersection and one at the Tyler Street and 179th Avenue intersection. These signs shall be a monument style sign with a maximum height of 8 feet and a width of 16 feet. Total sign area shall not exceed 128 square feet. The sign shall be constructed of brick, face brick or colored rock faced block and in may include decorative brick and/or decorative glazed block as accents. These entry signs may identify no more than 4 tenants. Monument Signs for Freestanding Sites Each of the freestanding buildings within Elk River Crossing will be allowed to have a freestanding sign. The freestanding sign must be a monument style with a maximum height of 10 feet and a maximum area of 100 square feet. The sign shall be constructed of brick or face brick and in may include decorative brick and/or decorative glazed block as accents. Wall Signs for Freestanding_Sites Wall signs for each freestanding building must consist of individual letters and shall not have more than 1 wall sign for each principle building, except that where a principal building abuts 2 or more public streets, 2 wall signs Page 114 of 166 will be allowed. Awning signs and canopy signs, including canopies over gas pumps, shall be included as wall signs. Awning and canopy signs shall not be illuminated. The sign area shall not exceed seven (7) percent of the area of the building wall, including doors and windows, to which the sign is to be affixed Wall Signs Retail Building North Side of Home Improvement Store Wall signs for the retail building attached to the north side of the proposed home improvement store shall consist of individual letters. Capital letters shall not exceed 36" high, lower case letters shall not exceed 24" high. Signs shall be for store identity only and shall not be allowed on the rear or side of building. Signs shall not extend closer than 3 or 4 feet from the projected lease line. If the space is leased by a single tenant, sign area shall not exceed 10 percent of the area of the building wall, including doors and windows, to which the sign is to be affixed Major Tenant Wall Siana~e Total wall sign area for major tenants should not exceed 7% of the front facade of the principle structure and must consist of individually mounted letters and corporate logos. Letters shall not exceed 6 feet in height and logos shall not exceed 10 feet in height. All signage shall be internally illuminated. Other Signs All other signage that may occur within Elk River Crossing and not specifically mentioned herein shall comply with the City of Elk River Sign Ordinance. All requests which are not consistent with conditions, character and intent of the Elk River Crossing PUD may be denied by the City. Page 115 of 166 y:~6.3a3 x'39633 CHELLE ASHE B ~ DEPUTY O1 JUN 21 P(~ `t 27 J AMENDMENT NO. 1 to ELK RIVER CROSSING PLANNED UNIT DEVELOPMENT AGREEMENT CITY OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA THIS AMENDMENT NO. 1 is made as of the ~~ day of /l'lar ~,t--- , 2001, by and between the CITY OF ELK RIVER, Sherburne County, Minnesota (the City), and Gerald and Angie Koschney, husband and wife. WITNESSETH: WHEREAS, on December 21, 1999, the City of Elk River and Elk River Associated Investors, Inc. hereto entered into the Elk River Crossing Planned Unit Development Agreement; and WHEREAS, Gerald and Angie Koschney purchased Lot 1, Block 1, Elk River Crossing 2nd Addition, and WHEREAS, on February 20, 2001, the Elk River City Council approved an amendment to allow a third wall sign (2 foot by 8 foot illuminated canopy sign) for Wash-n-Fill located on Lot 1, Block 1, Elk River Crossing 2nd Addition. NOW, THEREFORE, it is hereby agreed by and between the parties here as follows: 1.) The Elk River Crossing Planned Unit Development Agreement is hereby amended to allow a third wall sign (2 foot by 8 foot illuminated canopy sign) for Wash-n-Fill. 2.) The words, phrases, terms, and conditions used herein shall be interpreted the same as those used in the Elk River Crossing Planned Unit Development Agreement. Page 116 of 166 3~ 3.) All other terms and conditions of the Elk River Crossing Planned Unit Development Agreement, as amended, shall remain in full force and effect and shall be binding upon the parties hereto, except'to the extent clearly inconsistent with the terms and conditions of this Amendment No. 1. IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be duly executed in their names and on their behalf on or as of the date first above written. AT EST: /> Patrick D. Klaers Its: City Administrator CITY OF ELK RIVER Step anie Klinzing~ Its: Mayor DEVELOPER: Drafted by: City of Elk River 13065 Orono Parkway Elk River MN 55330 By• ~-~ Its: ~~ . c~. ~t- By: Its: STATE OF MINNESOTA ) ss. COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this ~ day of 2001, by Stephanie Klinzing and Patrick D. Klaers, the Mayor and City dministrator, respectively, for the City of k River, Minnesota. DEBORAHKAYHUEBI~R Notary PublicNOTARYPUBLIC - ~M~ESO'TA AA~r Carmbdon E~Yea Jan. 91, 2005 STATE OF MINNESOTA ) ss. COUNTY OF SHERBURNE ) The foregoing instrume t was acl 2001, by of S:\PLANNING\AGREEMTS\ercrpudamend 1. doc d before me thi~~day of Public ~ Ma-~e ~M~ A~ My Co Page 117 of 166 Office of the County Recorder Sherburne County, MN Doc. No. 52424fi Certified filed and/or recorded on 10-17-2003 at 04:50 Michelle Ashe; County Recorder BYD`'-as}~1fy Fee: $ 20.00 AMENDMENT N0.2 to ELK RIVER CROSSING PLANNED UNIT DEVELOPMENT AGREEMENT CITY OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA THIS AMENDMENT N0.2 is made as of the ~~day of September, 2003, by and between the CTI'Y OF ELK RIVER, Sherburne County, Minnesota (the City), and Wash-N-Fill Properties of Minnesota, LLC, a Minnesota Limited Liability Corporation, 3954 Lexington Avenue North, Shoreview, Minnesota 55126. WITNESSETH: WHEREAS, on December 21, 1999, the City of Elk River and Elk River Associated Investors, Inc. hereto entered into the Elk River Crossing Planned Unit Development Agreement;which agreement was amended by Amendment No. 1 effective February 20, 2001; WHEREAS, on March 19, 2001, the Elk River City Council approved an amendment to allow afree-standing monument sign for Jiffy Lube also located on Lot 1, Block 1, Elk River Crossing 2nd Addition; and WHEREAS, on August 18, 2003, the Elk River City Council approved an amendment to allow two additional wall signs, two additional canopy signs, and an illuminated canopy for the Wash- N-Fill site only. NOW, THEREFORE, it is hereby agreed by and between the parties here as follows: 1.) The Elk River Crossing Planned Unit Development Agreement is hereby amended to allow afree-standing monument sign for Jiffy Lube also located on Lot 1, Block 1, Elk River Crossings 2nd Addition; and, to allow two additional wall signs, two additional canopy signs, and an illuminated canopyfortheWash-N-Fill site only. 2.) The words, phrases, terms, and conditions used herein shall be interpreted the same as those used in the Elk River Crossing Planned Unit Development Agreement. Page 118 of 166 3.) All other terms and conditions of the Elk River Crossing Planned Unit Development Agreement, as amended, shall remain in full force and effect and shall be binding upon the parties hereto, except to the extent clearly inconsistent with the terms and conditions of this Amendment No. 2. IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be duly executed in their names and on their behalf on or as of the date first above written. ATTEST: Patrick D. Klaers Its: City Administrator STATE OF MINNESOTA ) ss. COUNTY OF SHERBURNE ) C OF ELK RIVE Steph e Klirizing Its: Mayor DEVELOPER: Wash-N-Fill Properties of Minnesota, LLC By oona Its: ~~ ~ ~-s/ ~ The foregoing instrument was acknowledged before me this ~'~~~day of n 2003, by Stephanie Klinzing and Patrick D. Klaers, the Mayor and City Administrator, respectively, for the City of Elk River, Minnesota. STATE OF MINNESOTA COUNTY OF SHERBURNE ) The foregoing instnu L , 2003, by 5~~~~~~ KY ~ Notary Public DEBORAH KAY HUEBNER NOTARY PUBLIC - AMNNESOTA ss. nay Commssion Expres Jan. 31, zoos d was acknowl dged before me this ~~ day of D-~ii L~~' v THIS INSTRUMENT DRAFTED BY: City of Elk River 13065 Orono Parkway Elk River, Minnesota 55330 S:\PLANNING\Agreements\ER Cross PUD Amend 2.doc Notary Public a~ DEBORAH KAY HUEENER ' NOTARY PUBLIC - NANNESOTA My Commission Expires Jan. 31, 2005 Page 119 of 166 215~`7~3 03) Indoor and outdoor recreational facilities; 04) Parking ramps; 05) Taverns and bars; 06) Hotels; 07) Laundromats; 08) Theatres; 09) Adult book stores; 10) Restaurants; 11) Department stores. provided that a site plan be submitted to the PlanningCommissionandCouncilforreviewandapprovalandthat signageletteringbeconsistentwithothersignagewithintheElkRiverPlazaPlannedDevelopment. 2.) The final landscaping of building plans for each lotinElkRiverPlazaandElkRiverPlazaSecondAdditionmustbesubmittedforapprovalbytheElkRiverCityEngineerpriortoanyconstructiononanypartthereof. 3.) The words, phrases, terms, and conditions used hereinshallbeinterpretedthesameasthoseusedintheElkRiverPlazaPlannedDevelopmentAgreement. 4.) All other terms and conditions of the Elk River PlazaPlannedDevelopmentAgreement, as amended, shall remain in fullforceandeffectandshallbebindinguponthepartieshereto,except to the extent clearly inconsistent with the terms andconditionsofthisAmendmentNo. 2. IN WITNESS WHEREOF, the parties have caused this AmendmentNo. 2 to be duly executed in their names and on their behalf onorasofthedatefirstabovewritten. ATTEST: CITY OF ELK RIVER: x~xx& - ~.~C.-~~-cJC Patrick Klaers Estelle GunkelIts: Clerk-Administrator Its: Mayor 2. Page 120 of 166 ELK RIVER SHOPPING CENTER COMPANY By: SCHERER LIMITED PARTNERSHIP, Partner By : . Its General Partner STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The fore oing instrument was acknowledged before me this. s day o f ~~-e~-l~..e.~ 19 8 7 , by ~ era s-~ ~~•~~z -a~~d ~~u cl~ y,a~ F - the Clerk-Administrator and Mayor, respectively, of the City of Elk River, on behalf of the City. Notary Public r~w-. _. r~~, SANDRA '-. i'' •~cf;AYSTATEOFMINNESOTA ~~,~,.~ NpTgar cwu~-u...:>+ESOTA jSS . t-.ar-. ~. ` COUNTY OF HENNEPIN My ccnmi;r>~ ~<pira 5-1-91 { The foregoing instrument was acknowledged before me this S day of ~~ ~,~~,~, 1987, by Roger H. Scherer, the general partner o~ Scherer Limited Partnership, a partner of Elk River Shopping Center Company, a Minnesota partnership, on behalf of the partnership. DAVID L WOIF 0~ . lbhry Pubbe - Minnao~ Anolu0owKlr , No ary Pu lic 3. Y-~ ~ Page 121 of 166 t AMENDMENT N0.3 to ELK RNER CROSSING PLANNED UNIT DEVELOPMENT AGREEMENT CITY OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA d THIS AMENDMENT N0.3 is made as of the ~~ Rday of ~~Q~~~-s2~~~200 , by and between the CTI'Y OF ELK RIVER, Sherburne County, Minnesota (the City), and Associated Investors of Elk River, Inc./Fischer Sand & Aggregate, LLp. WITNESSETH: V~/I-iEREAS, on December 21, 1999, the City of Elk River and Elk River Associated Investors, Inc. hereto entered into the Elk River Crossing Planned Unit Development Agreement; which agreement was amended by Amendment No. 1 effective February 20, 2001; WI~REAS, on March 19, 2001, the Elk River City Council approved an amendment to allow afree-standing monument sign for Jiffy Lube also located on Lot 1, Block 1, Elk River Crossing 2nd Addition; and WHEREAS, on August 18, 2003, the Elk River City Council approved an amendment to allow two additional wall signs, two additional canopy signs, and an illuminated canopy for the Wash- N-Fih site onl„ wnd WHEREAS, on November 1, 2004, the Elk River City Council approved an amendment to allow an additional five acres into the Planned Unit Development for the construction of a furniture store. NOW, THEREFORE, it is hereby agreed by and between the parties here as follows 1.) The Elk River Crossing Planned Unit Development Agreement is hereby amended to allow an additional five acres. into the Planned Unit Development for the construction of a furniture store. S:\PLANNING\Agreements\ER Cross PUD Amend 3.doc Page 122 of 166 J 2.) The words, phrases, terms, and conditions used herein shall be interpreted the same as those used in the Elk River Crossing Planned Unit Development Agreement. 3.) All other terms and conditions of the Elk River Crossing Planned Unit Development Agreement, as amended, shall remain in full force and effect and shall be binding upon the parties hereto, except to the extent clearly inconsistent with the terms and conditions of this Amendment No. 2. IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to be duly executed in their names and on their behalf on or as of the date first above written. ATI"F~ST: Patrick D. Klaers Its: City Administrator CITY OF ELK RIVER Step 'e Klinzing Its: ayor DEVELOPER Associated Investors of Elk River, Inc. By: ~ Its: U t c E ~~C t, I~ E~ T Fischer Sand & Aggre atAe, LL~ By: ~ dpi ~---'-' Its: Du.Jt'~~+-~- COUNTY OF SHERBURNE STATE OF MINNESOTA ) ss. The foregoing instrument was acknowledged before me this day of i~;~,~ , 20~, by Stephanie Klinzing and Patrick D. Klaers, the Mayor and City Administrator, respectively, for the City of Elk River, Minnesota. DEBORAH KAY HUEENER~ Notary Public NOTARY PUBLIC -11BNNESOTA MY Commissiai Expires Jan. 31, 2005 S:\PI.ANNING\Agreements\ER Cross PUD Amend 3.doc ' Page 123 of 166 7 STATE OF MINNESOTA COUNTY OF SHERBURNE ) ss. The fRregoing instrument was acknowled d bets 1 D U~M~EfC. , 20~ `t, by ~ ~ ~ ~ ~,~lo, of so~i. PETER THIELKE NOTARY PUBLiC - MINI~SOTA My Can~sbn Expires Jan. 31, 2005 STATE OF MINNESOTA ) ss. COUN'T'Y OF SHERBURNE Z~ me this ~ day of a ~,~ v Notary Public O ~~' /C t Y~~ lit/C' , T~- The fo egoing instrument was acknowled~ged before me this 38 day of ifjoVE/y.e E /~ , 20 0'~, by c..~~i ,fJO~ro n1 PETER THIELKE NOTARY PUBI.iC -MINNESOTA Notary PublicMyComrniasionExplreaJan. 31,2005 This instrument was drafted by: City of Elk River 13065 Orono Parkway Elk River, MN 55330 S:\PI,ANNING\Agreements\ER Cross PUD Amend 3.doc Page 124 of 166 t Office of the County Recorder Sherburne County, MN Doc. No. 5727fi3 Certified filed and/or recorded on 12-16-2004 at 08:00 Michelle Ashe, County Recorder eputy Fee: $ 19.50 STATE OF MINNESOTA CITY OF ELK RIVER CITY COUNCIL COUNTY OF SHERBURNE CONDITIONAL USE PROCEEDINGS CITY OF ELK RIVER In the matter of: Associated Investors of Elk River, Inc./Fischer Sand & Aggregate, LLD Request: Conditional Use Permit to Amend the Planned Unit Development Agreement for Elk River Crossing, Case No. CU 04-33 ORDER GRANTING CONDITIONAL USE Associated Investors of Elk River AND Fisher Sand & Aggregate, LLD, Owners The above entitled matter came to be heard before the City Council on thelst day of November, 2004, on a petition for a Conditional Use pursuant to the City of Elk River Zoning Ordinance, for the following described property: Lot 1, Block 3, Elk River Crossing AND Lot 1, Block 1, Elk River Business Park, Sherburne County, Muuiesota IT IS ORDERED that a Conditional Use be granted as upon the following conditions or reasons: 1. ALL CONDITIONS OF THE ORIGINAL ELK RIVER CROSSING PUD, INCLUDING THE DESIGN STANDARDS. 2. THE PROPOSED MAXSUN FURNITURE STORE WILL NOT COUNT TOWARD THE BUILD OUT REQUIREMENT STIPULATED IN THE CONTRACT FOR PRIVATE REDEVELOPMENT AND THEREFORE IS INELIGIBLE FOR REIMBURSEMENT TO THE APPLICANT. See Attached Amendment No. 3 to the Elk River Crossing Planned Unit Development Agreement. DATED this 1st day of November, 2004. Page 125 of 166 STATE OF MINNESOTA ) COUNTY OF SHERBURNE) ss. CITY OF ELK RIVER OFFICE OF CITY PLANNING AND ZONING ELK RIVER I, Michele McPherson, Director of Planning for the City of Elk River with and in for said City, do hereby certify that I have compared the foregoing copy and Order granting a Conditional Use with the original record thereof preserved in my office, and have found the same to be a true transcript of the whole thereof. If the proposed work described in a conditional use permit has not been substantially completed within two (2) years after its date of issuance, the permit shall expire and become void except that the Council may, following recommendations of the Planning Commission, extend the pen-nit for an additional period determined by the council on the receipt of a request for a permit extension prior to its expiration. A Conditional Use permit authorizes only the use specified in the permit and shall expire if, for any reason, the authorized use ceases for more than one (1) year. Mic ele McPherson Dir ctor of Planning IN TESTIMONY esota, in the County 2004. DRAFTED BY: City of Elk River Elk River, Minnesota 55330 WI~REOF, I have hereunto subscribed my hand at Elk River, of Sherburne, in the City of Elk River, on the _ '3~h~ay of DEBORAH KAY HUEBNER NOTARY PUBLIC -MINNESOTA My Commission Expires Jan. 31, 2005 Signed before me a NOTARY PUBLIC nG1 this ~ day of ~ , 2004. S:\PLANNING\Case Files\2004\CU 04-33 ER Crossing 6th\Recording doc.doc Page 126 of 166 r . Office of the County Recorder Sherburne County, MN Doc. No. 600878 Certified filed and/or recorded on 09-29-2005 at 09:30 chel::\'She, County Recorder B~puty Fee: $ 46.00 1111111111 600878 AMENDMENT NO.4 to ELK RIVER CROSSING PLANNED UNIT DEVELOPMENT AGREEMENT CITY OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA TIllS AMENDMENT NO.3 is made as of the 20th day of June, 2005, by and between the CITY OF ELK RIVER, Sherburne County, Minnesota (the City), and STM III, LLC. WITNESSETH WHEREAS, on December 21, 1999, the City of Elk River and Elk River Associated Investors, Inc. hereto entered into the Elk River Crossing Planned Unit Development Agreement; which agreement was amended by Amendment No. 1 effective February 20, 2001; WHEREAS, on March 19, 2001, the Elk River City Council approved an amendment to allow a free-standing momunent sign for Jiffy Lube also located on Lot 1, Block 1, Elk River Crossing 2nd Addition; and WHEREAS, on August 18, 2003, the Elk River City Council approved an amendment to allow two additional wall signs, two additional canopy signs, and an illuminated canopy for the Wash- N-Fill site only; and WHEREAS, on November 1, 2004, the Elk River City Council approved an amendment to allow an additional five acres into the Planned Unit Development for the construction of a furniture store. WHEREAS, on June 20, 2005, the Elk River City Council approved an amendment to allow wall signs on the north and south elevations for the interior tenants, three wall signs for the end cap tenants and no freestanding sign. NOW, THEREFORE, it is hereby agreed by and between the parties here as follows 1.) The Elk River Crossing Planned Unit Development Agreement is hereby amended to allow wall signs on the north and south elevations for the interior tenants, three wall signs for the end cap tenants and no freestanding sign. Page 127 of 166 2.) The words, phrases, terms, and conditions used herein shall be interpreted the same as those used in the Elk River Crossing Planned Unit Development Agreement. 3.) All other terms and conditions of the Elk River Crossing Planned Unit Development Agreement, as amended, shall remain in full force and effect and shall be binding upon the parties hereto, except to ,the extent clearly inconsistent with the terms and conditions of this Amendment No.4. IN WITNESS WHEREOF, the parties have caused this Amendment No.4 to be duly executed in their names and on their behalf on or as of the date first above written. ATIEST: f~Wl) I(/ccwv Patrick D. Klaers Its: City Administrator CITY OF ELK RIVER l Steph 'eKlinzing ~ Its: Mayor STM III, LLC By: Its: DEVELOPER: STATE OF MINNESOTA ss. COUNTY OF SHERBURNE ) f The foregoing instrument was acknowledged before me this 14 day of 2005, by Stephanie Klinzing and Patrick D. Klaers, the Mayor and City A . strator, respectively, for the City of Elk River, Minnesota. fbtt~~ DEBORAH KAY HUEBN~R NOTARY PUBLIC - MINNESO I A My Commission Expires Jan, 31,2010 S:\PLANNING\Agreements\ER Cross PUD Amend 4,doc Page 128 of 166 l STATE OF MINNESOTA 55. COUNIY OF SHERBURNE ) The foregoing instrnmen~ ackn9l\'Jedged before me this rday of 2005, by ~ k<.ft and of ..s7/l? ~L e if, #/p/) Notary Public fINtMNtMM/I- BONiTP, J. FOURNIER ~ NOTARY PUtu.fC-M!NNEEOTA ~ My Commission Expires Jan. 31. 2010 f It This instrument was drafted by: City of Elk River 13065 Orono Parkway Elk River, MN 55330 S:\PLANNING\Agreements\ER Cross PUD Amend 4.doc Page 129 of 166 Z AMENDMENT NO. 5 TO ELK RIVER CROSSING PLANNED UNIT DEVELOPMENT AGREEMENT CITY OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA THIS AMENDMENT NO. 5 is made as of the 15~ day of September, 2008, by and between the CITY OF ELK RIVER, Sherburne County, Minnesota (the City), and STM Development. WITNESSETH: WHEREAS, on December 21, 1999, the City of Elk River and Elk River Associated Investors, Inc. hereto entered into the Elk River Crossing Planned Unit Development Agreement; which agreement was amended by Amendment No. 1 effective February 20, 2001; WHEREAS, on March 19, 2001, the Elk River City Council approved an amendment to allow afeee-standing monument sign for Jiffy Lube also located on Lot 1, Block 1, Elk River Crossing 2nd Addition; and WHEREAS, on August 18, 2003, the Elk River City Council approved an amendment to allow two additional wall signs, two additional canopy signs, and an illuminated canopy for the Wash- N-Fill site only; and WHEREAS, on November 1, 2004, the Elk River City Council approved an amendment to allow an additional five acres into the Planned Unit Development for the construction of a furniture store. WHEREAS, on June 20, 2005, the Elk River City Council approved an amendment to allow wall signs on the north and south elevations for the interior tenants, three wall signs for the end cap tenants and no freestanding sign. WHEREAS, on September 15, 2008, the Elk River City Council approved an amendment to allow signage on the north side of the retail building (Dollar Tree) that is attached to the Home Depot, as illustrated on the drawings dated July 24, 2008 (attached). NOW, THEREFORE, it is hereby agreed by and between the parties here as follows Page 130 of 166 1.) The Elk River Crossing Planned Unit Development Agreement is hereby amended to allow signage on the north side of the retail building (Dollar Tree) that is attached to the Home Depot, as illustrated on the drawings dated July 24, 2008 (attached). 2.) The words, phrases, terms, and conditions used herein shall be interpreted the same as those used in the Elk River Crossing Planned Unit Development Agreement. 3.) All other terms and conditions of the Elk River Crossing Planned Unit Development Agreement, as amended, shall remain in full force and effect and shall be binding upon the parties hereto, except to the extent clearly inconsistent with the terms and conditions of this Amendment No. 5. IN WITNESS WHEREOF, the parties have caused this Amendment No. 5 to be duly executed in their names and on their behalf on or as of the date first above written. ATTEST: Lori Johnson Its: City Administrator CITY OF ELK RIVER Steph ie Klinzing Its: Mayor DEVELOPER: STATE OF MINNESOTA ) ss. COUNTY OF SHERBURNE OWNER: I e~ Maurice Frank Children's Trust 1625 Virginia Avenue South Spring Lake Park, MN 55426 pT e foregoing instrument was acknowledged before me this ~ day of l'.~f"0 ~j(r',l/' 2008, by Stephanie Klinzing and Lori Johnson, the Administrator, respectively, for the City of Elk River, Minnesota. DEBORAH KAY HUEBNER NOTARY PL~1.IC - MINNES07A F.xp~es Jan. 31, 2010 Mayor and City j ~^" V 4 ~~'~~ r ° Notary Public S:\PLANNING MAIN\Case Files\CUP\CU 08-18 Anchor Sign-Dollar Tree\ER Cross PUD Amend 5.doc Page 131 of 166 STATE OF MINNESOTA ) ss. COUNTY OF SHERBURNE The foregoing instrument as acknowledged be re me this ~ day of 2008, by a~./ a.- ~ ~-/~ ~- and ,~/~®~ p/ k~-~!°Clt ~ ~h'1 This instrument was drafted by: City of Elk River 13065 Orono Parkway Elk River, MN 55330 r~.~ Notary Public i BONITA J. FOURNIER NOTARY PUBLIC•MINNESOTA Ny Commissroe Expires Jae.31, 20t0 S:\PLANNING MAIN\Case Files\CUP\CU 08-18 Anchor Sign-Dollar Txee\ER Cross PUD Amend S.doc Page 132 of 166 NOLUQmmxUJN I'~~ 1~... ~! it w ~' dn a ~ ~ s_~ C v ~ C J O O U C ~ y~ ~ d N v O-O C R O N O Q Q p~ NC O p~ ( 6 ~ y Q1 a~~3~ o ~ o Q o rn r U C 0 6 H ( 6 Q U TmcL W a oni N O U m m i J U o v . o ~ N - 3 Lv U ~ ~ ~ N W c oN W N c cmW mQ~ m~o N c~ o- m N m Z iri oo~ o ~ ~ U" a ~ ~ U I. E E Q w m Q ~ W v ~ z n z Q o w~ U~ OZ W n.= 0mU0. m N T ~ c Z m ~ E.~ m I - ~ F ~ ~ ~ O ' O C X ~ ~ m O C~ L O~ E c m a~ 3_~ X ~ o w a r Z' E W m m n o. m e r- f-~ z `~ m~~ a x o QE m c i t. ~ 1 ~- N m - ~ _ r m O J r,~ U vN m awn-~' 3~ ° m x x'. J w ~ r ~ ~ ~'..y/ V 5 ~~ S~ ~~~- M ifl t(; T N I a r ~' rr to i t'; j ca~ i O L a~ O QJ, y ; 3 Q Q Q- U NU e rA , y L i~ aa U ,•.~ p ~ tiif` y O ~ L m L ~ O_~ U 5 3 -- w ~ a a~ ~L. J ~.. ~..~ ._ _ C N U U Y Z N O L I. I U p U :~ N~ C~ LW cu cac c> c C O _ O N V 7 7 C~ tU6 ~ U ~ C C LL. ~ ~ ~ ~ ~ ~ 0 N r ~ i.. O Q~ Q E x 3 Q'~ ~ fn o E- LC) • X ~ CO .~-~ ~ C W~ W~ ENS ~•` ~ rNC' 7~t 6f~ COP-00~ 0om i 4 ~' C0 No 0Cq N4thJNN OZ o N Z Ncm i N ~T N O LLw Y VL Ti 0o EV i a Page 133 of 166 r M C° on I~ ~ T ~ n t~ O a ~ ~ o~o O r O I 4-- L II C ' DU U "' N" N ~ U C TI I 6CC T ~ a7 N Ci C w ~ N C a L W a~ ~ N cl3 fII 0 N tJ~ o t-° Q o_NN r A~; tv , , f kid ~ ~~ 4 h~ ba G ^ 4 a k ~* yS F h,~ 7 ~i~~^~~C i~ F ;~ ~ aL'~~a,., N I ~~ h e i f 3 . C. `: tt Lw ~. 5 . 4 1 '' r p F 1 h v~: t 4 T ' d e t~ c rrB Cµ ~ i H r / E l S L ~ I ~: 1t( t i~ l< p 7t > r ~F 1.3 J C~ ~' S y a F F ~. z4?' r5 _~ r, ~~; i xi. i.:" I:k qb A ,. 1 f ~ rh } 7~ p~' t ~ F: V+ i i F a ~~ l ~~, rt ~: t ' r F( s 3 z r i A~ G~ i 3 t > i. :~ It ~~? FF 0N iflr V 0 CB .. Ft: W ~~ NM O M Z ~ a. 0omOO N z o tt3 NM~WM OZ o 43 ~ z CCENT N O IL rC0 W Q v '~ Page 134 of 166 XQ m J~ V t E~ 1 ~ gal` ~ ~: l I'~`!~ 1~ ~' i WW ~ N W t Caa~a~UCOU 000 ict7 N OZo W i~ M N ~ Z N O ca ~ rO W Page 135 of 166 Office of the County Recorder Sherburne County, MN Doc. No. fi81983 Certified filed and/or recorded on 10 3-2008 at 02:25 h II Ashe, County Recorder By puty Fee: $ 46.00 681983 STATE OF MINNESOTA CITY OF ELK RIVER CITY COUNCIL COUNTY OF SI-IERBURNE CONDITIONAL USE PROCEEDINGS CITY OF ELK RNER In the matter of: Anchor Sign, Inc, on behalf of Dollar Tree Request: Conditional Use Permit to Amend the Planned Unit Development Agreement for Elk River Crossing, Case No. CU 08-18 ORDER GRANTING CONDITIONAL USE Maurice Frank Children's Trust, Owners The above entitled matter came to be heard before the City Council on the 1st day of on a petition for a Conditional Use pursuant to the City of Elk River Zoning Ordinance, fox the following described property: Lot 1, Block 1, Elk River Crossing Seventh Addition, Sherburne County, Minnesota IT IS ORDERED that a Conditional Use be granted as upon the following conditions or reasons: See Attached Amendment No. 5 to the Elk River Crossing Planned Unit Development Agreement. DATED this 15~ day of September, 2008. Page 136 of 166 STATE OF MINNESOTA ) COUNTY OF SHERBURNE) ss. CITY OF ELK RIVER ELK RIVER I, Jeremy Barnhart, Planning Manager for the City of Elk River with and in for said City, do hereby certify that I have compared the foregoing copy and Order granting a Conditional Use with the original record thereof preserved in my office, and have found the same to be a true transcript of the whole thereof. If the proposed work described in a conditional use permit has not been substantially completed urithir. tv~o (2) years after its date of issuance, -the permit shall expire and become void except that the Council may, following recommendations of the Planning Commission, extend the permit for an additional period determined by the council on the receipt of a request for a permit extension prior to its expiration. A Conditional Use permit authorizes only the use specified in the permit and shall expire if, for any reason, the authorized use ceases fox more than one (1) year. J emy B art Planning anager IN TESTIMONY WHEREOF, I have hereunto subscribed my hand a F,],k River, ne ta, in the County of Sherburne, in the City of Elk River, on the ~ day of 2008. DRAFTED BY: Ciry of Elk River Signed before me a NOTARY PUBLIC Elk River, Minnesota 55330 this ~ day of ~ `(~~~e. , 2008. DEBORAH KAY HUEBNER N07ARY PUBLIC -MINNESOTA w~•'~ My Commission Expires Jan. 31.2010 OFFICE OF CITY PLANNING AND ZONING S:\PI,ANNING MAIN\Case Files\CUP\CU 08-18 Anchor Sign-Dollar Tree\Recording doc.doc Page 137 of 166 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To Planning Commission Item Number 5.1 Meeting Date February 25, 2025 Prepared By Zack Carlton, Community Development Director Item Description Land Use Amendment, Zone Change, and Ordinance Amendment: Specht Family Farm Residential Development (PUD), 16330 US Highway 10, Capstone Homes Reviewed by Chris Leeseberg Action Requested Recommend, by motion, approval of a Land Use Amendment updating the city’s comprehensive plan to align with the proposed residential and commercial areas, subject to the condition that the associated Zone Change (ZC 24-06) and Ordinance Amendment (OA 24-05) are approved by the City Council. Recommend, by motion, approval of a zone change amending the city’s zoning map to designate parcels for Highway Commercial and Planned Unit Development (PUD) uses consistent with the development proposal, and subject to the condition that the associated Land Use Amendment (LU 24-05) and Ordinance Amendment (OA 24-05) are approved by the City Council. Recommend, by motion, approval of an ordinance amendment to establish a residential Planned Unit Development, subject to the following conditions: 1. The City Council must approve the associated Land Use Amendment (LU 24-05) and Zone Change (ZC 24-06). 2. An Environmental Assessment Worksheet (EAW) must be reviewed in accordance with all state and local policies and receive a negative finding for an Environmental Impact Statement (EIS). 3. MnDOT and the city shall approve an access location and configuration that supports the traffic needs of the proposed development. 4. The MnDNR must provide written approval of the work proposed within the Wild and Scenic River District. 5. Provide additional vegetative screening along the non-wooded boundary line with the Oliver Kelley Farm. The design should incorporate feedback from the Kelley Farm. 6. The cost of sewer and water trunk extensions to the development shall be financed by the developer. If oversizing of water pipes is required, Elk River Municipal Utilities (ERMU) will reimburse the developer for the cost to oversize the infrastructure. 7. All proposed streets, trails, and sidewalks shall follow the city’s engineering design standards. 8. The lots currently identified as 50-feet wide must be updated to include both 55 and 50-foot lots at a reasonable distribution. 8. The developer shall satisfy the park dedication requirements with a 50/50 combination of land and cash dedication. The land dedication shall be split between the lower, non-developable, floodway and an upland Page 138 of 166 park of approximately 6 to 8 acres. 9. The cash dedication shall be a pro-rated amount for each lot and paid at the time of final platting. Background/Discussion The developer, Capstone Homes, has submitted a series of applications to support their proposed development on the property commonly referred to as the Specht Family Farm - now known as Oakwater Ridge. The site is approximately 250 acres in size and includes a significant area of frontage along the Mississippi River and Highway 10. The area currently includes three different zoning districts (FAST, R-1d, and Business Park) and is guided by the Comprehensive Plan for residential and commercial uses. The proposal includes 533 new single-family parcels, and 5.17 acres slated for future commercial uses. Approval of the project requires amendments to the Comprehensive Plan (Land Use), zoning amendments to create a Planned Unit Development (PUD) for the residential areas and rezone the commercial areas to C-3 (Highway Commercial), and an ordinance amendment establishing the standards for the PUD. The developer is seeking approval of the PUD to establish the framework for the project. Future applications and reviews will include a preliminary plat and final plats. These will provide more details on the grading, stormwater, utility work, and engineering for the development. Discussions should seek to achieve a cohesive project with a series of standards that the developer will follow as the project progresses toward final design. Planning Commission The Commission held a public hearing to discuss the project on January 28, 2025. Two family members spoke during the meeting with one outlining the beauty and uniqueness of the place and expressing hope that the development is respectful of the memories the family has growing up there. The second family member noted that he was in support of the development. Additionally, representatives from the Kelley Farm discussed the development's proximity to the historical site and noted that they are working with the developer to create a landscape plan to buffer the site respectfully. The Planning Commission, along with another representative from the public, expressed concerns about the narrower (29-feet wide) streets proposed as part of the project. Their concerns were with maintenance and emergency vehicles driving through the street, specifically turning around in the cul-de-sacs. The developer stated that the narrow streets contribute to a safer project by slowing traffic through the neighborhoods. The streets also significantly reduce the amount of impervious surfaces throughout the project. The Planning Commission asked for additional information from the public works director regarding his recommendation to remain with the current street width standard of 34 feet. His response is noted below: Public works has long supported the Council standards for street widths on public roadways in Elk River. Our current standard provides for a level of service in residential areas that supports parking on both sides while keeping sufficient space in the center to allow movement for delivery vehicles, garbage trucks, and public service/safety vehicles. We understand several communities in the greater metropolitan area have migrated to narrower streets generally at the request of developers as an economic savings to the cost of their projects. We maintain our position that entertaining the request for narrower streets comes at the cost of long-term maintenance inefficiencies where plow trucks cannot safely navigate between vehicles parked on both sides of the roadway. Our current standard provides a balance between these through movements and parking on both sides to ensure residents have the parking space they desire for themselves and their guests. The Commission was generally supportive of the layout of the development and the narrower lots - down to 50 feet wide. However, the Commission was not prepared to make a recommendation until they had received more information from the public works director. The developer also encouraged the commission members to drive through a few developments that were noted during the discussion. Page 139 of 166 The Planning Commission closed the public hearing, but did not make a recommendation and continued their discussion to February 25, 2025. City Council The City Council conducted a review of the proposed project on February 18, 2025. The council discussed the Parks and Recreation Commission’s recommendation to split the park dedication approximately 50-50 between cash and land. This includes an 8-acre credit in the floodway, outside the 10-year OHW, and another 8 acres above the bluff line. While the commission prefers the park area above the bluff to be centrally located on the property and adjacent to the bluff, the council indicated they are open to considering alternative locations that do not impact the applicant’s most valuable parcels. Regarding the proposed narrower streets, the council stated they would not support deviations from the city standard and that all public streets must maintain the required 34-foot width. The proposed smaller lot sizes (50-foot) generated mixed reactions, leading to a back-and-forth discussion between the council and the applicant. There was discussion regarding both 55- and 50-foot lots. There seemed to be a consensus that having all the smaller lots at 50-feet wide was too small, but a mix of may be more acceptable. The council did not act on any of the applications and recommended that the applicant return for a work session to continue discussions. The applicant would like the Planning Commission to review their current application in light of all the feedback from the board and council discussions thus far. Staff have included conditions of approval that are in-line with these discussions, but they can be modified as part of the recommendation to the City Council. Financial Impact None Mission/Policy/Goal Opportunity to live, work, and play. Responsibly grow. Attachments 1. City Council Staff report dated 2-18-2025 Page 140 of 166 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 7.5 Meeting Date February 18, 2025 Prepared By Zack Carlton, Community Development Director Item Description Land Use Amendment, Zone Change, and Ordinance Amendment: Specht Family Farm Residential Development (PUD), 16330 US Highway 10, Capstone Homes Reviewed by Chris Leeseberg Cal Portner Tina Allard Action Requested Open the public hearing, receive public comment, and continue the hearing to March 17, 2025. Background/Discussion The developer, Capstone Homes, has submitted a series of applications to support their proposed development on the property commonly referred to as the Specht Family Farm. The site is approximately 250 acres in size and includes a significant area of frontage along the Mississippi River and Highway 10. The area currently includes three different zoning districts (FAST, R-1d, and Business Park) and is guided by the Comprehensive Plan for residential and commercial uses. The proposal includes 533 new single-family parcels, and 5.17 acres slated for future commercial uses. Approval of the project requires amendments to the Comprehensive Plan (Land Use), zoning amendments to create a Planned Unit Development (PUD) for the residential areas and rezone the commercial areas to C-3 (Highway Commercial), and an ordinance amendment establishing the standards for the PUD. The developer is seeking approval of the PUD to establish the framework for the project. Future applications and reviews include a preliminary plat and a final plat. These will provide more details on the grading, stormwater, utility work, and engineering for the development. Discussions and conditions from the City Council should seek to achieve a cohesive project with a series of standards that the developer will follow as the project progresses toward final design. Planning Commission The Commission held a public hearing to discuss the project on January 28, 2025. Two family members spoke during the meeting with one outlining the beauty and uniqueness of the place and expressing hope that the development is respectful of the memories the family has growing up there. The second family member noted that he was in support of the development. Additionally, representatives from the Kelley Farm discussed the development's proximity to the historical site and noted that they are working with the developer to create a landscape plan to buffer the site respectfully. Page 141 of 166 The Planning Commission, along with another representative from the public, expressed concerns about the narrower (29-feet wide) streets proposed as part of the project. Their concerns were with maintenance and emergency vehicles driving through the street, specifically turning around in the cul-de-sacs. The developer stated that the narrow streets contribute to a safer project by slowing traffic through the neighborhoods. The streets also significantly reduce the amount of impervious surfaces throughout the project. The Planning Commission asked for additional information from the public works director regarding his recommendation to remain with the current street width standard of 34 feet. His response is noted below: Public works has long supported the Council standards for street widths on public roadways in Elk River. Our current standard provides for a level of service in residential areas that supports parking on both sides while keeping sufficient space in the center to allow movement for delivery vehicles, garbage trucks, and public service/safety vehicles. We understand several communities in the greater metropolitan area have migrated to narrower streets generally at the request of developers as an economic savings to the cost of their projects. We maintain our position that entertaining the request for narrower streets comes at the cost of long-term maintenance inefficiencies where plow trucks cannot safely navigate between vehicles parked on both sides of the roadway. Our current standard provides a balance between these through movements and parking on both sides to ensure residents have the parking space they desire for themselves and their guests. The Commission was generally supportive of the layout of the development and the narrower lots - down to 50 feet wide. However, the Commission was not prepared to make a recommendation until they had received more information from the public works director. The developer also encouraged the commission members to drive through a few developments that were noted during the discussion. The Planning Commission did not make a recommendation and continued their discussion to February 25, 2025. Park and Recreation The Park and Recreation Commission reviewed this project for park dedication on January 8, 2025, and February 12, 2025. During their February meeting, they reviewed the proposed park areas and felt there needs to be a larger focus on a park above the bluff area and not in the floodway. They also believed it was important to not allocate all park dedication to land as a cash dedication would help fund the improvements to the park in this area. They recommend that the required dedication be split roughly 50-50 between land and cash with a significant increase in the land dedication above the bluff line. The park area above the bluff should be located near the center of the property and adjacent to the bluff. The developer will respond to these recommendations in advance of the next City Council meeting. Recommended conditions to achieve the Commission's goals will be included for Council consideration. Financial Impact None Mission/Policy/Goal Opportunity to live, work, and play Responsibly grow Support the growth and development of the community Attachments 1. Planning Commission Memo dated 1-28-2025 2. Site Rendering dated 2-10-2025 Page 142 of 166 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To Planning Commission Item Number 5.5 Meeting Date January 28, 2025 Prepared By Zack Carlton, Community Development Director Item Description Land Use Amendment, Zone Change, and Ordinance Amendment: Specht Family Farm Residential Development (PUD), 16330 Us Highway 10, Capstone Homes Reviewed by Chris Leeseberg Action Requested Recommend, by motion, approval of a Land Use Amendment updating the city’s comprehensive plan to align with the proposed residential and commercial areas, subject to the condition that the associated Zone Change (ZC 24-06) and Ordinance Amendment (OA 24-05) are approved by the City Council. Recommend, by motion, approval of a zone change amending the city’s zoning map to designate parcels for Highway Commercial and Planned Unit Development (PUD) uses consistent with the development proposal, and subject to the condition that the associated Land Use Amendment (LU 24-05) and Ordinance Amendment (OA 24-05) are approved by the City Council. Recommend, by motion, approval of an ordinance amendment to establish a residential Planned Unit Development, subject to the following conditions: 1. The City Council must approve the associated Land Use Amendment (LU 24-05) and Zone Change (ZC 24-06). 2. An Environmental Assessment Worksheet (EAW) must be reviewed in accordance with all state and local policies and receive a negative finding for an Environmental Impact Statement (EIS). 3. MnDOT and the city shall approve an access location and configuration that supports the traffic needs of the proposed development. 4. The MnDNR must provide written approval of the work proposed within the Wild and Scenic River District. 5. Provide additional vegetative screening along the non-wooded boundary line with the Oliver Kelley Farm. The vegetative design should incorporate feedback from the Kelly Farm staff. 6. The cost of sewer and water trunk extensions to the development shall be financed by the developer. If oversizing of water pipes is required, Elk River Municipal Utilities (ERMU) will reimburse the developer for the cost to oversize the infrastructure. 7. All proposed streets, trails, and sidewalks shall follow the city’s engineering design standards. 8. Recommendations from the Park and Recreation Commission shall be incorporated into the proposed plans. Page 143 of 166 Background/Discussion The developer, Capstone Homes, has submitted a series of applications to support their proposed development on the property commonly referred to as the Specht Farm. The site is approximately 250 acres in size and includes a significant area of frontage along the Mississippi River. The area currently includes three different zoning districts (FAST, R-1d, and Business Park) and is guided by the Comprehensive Plan for residential and commercial uses. The development proposal includes 533 new single-family parcels, and 5.17 acres slated for future commercial uses. Approval of the project requires amendments to the Comprehensive Plan (Land Use), zoning amendments to create a PUD for the residential areas and rezone the commercial areas to C-3 (Highway Commercial, and an ordinance amendment establishing the standards for the PUD areas.) Currently, the developer is seeking approval of the PUD to establish the framework for the project. Future applications and reviews by the Planning Commission include a preliminary plat, which will provide more details on the grading, stormwater, utility work, and engineering for the development. Discussions and conditions from the commission should seek to achieve a cohesive project with a series of standards that the developer will follow as the project progresses towards final design. Comprehensive Plan The Comprehensive Plan currently guides the site for Mixed Residential and Highway Business uses. The proposal maintains the same land use classifications but re-aligns the areas to match the property lines proposed with the project. The proposed commercial areas and future uses align with the land use guidance, and realigning the land use plan to follow the proposed uses is supported by staff. The mixed residential category supports a range of housing types, with the goal of a gentle increase in density when compared to a typical single-family neighborhood. While the proposal doesn’t include townhomes or multifamily uses, the smallest single-family parcels are 50-feet wide, which increases the overall density of the area. Access and Streets The development is located between Highway 10 and the river and abuts the Oliver Kelley Farm historic site along the southern boundary. The main access to the site will be from an improved access point at Highway 10 and 165th Ave. This is the current location of the driveway serving the property. City staff and the developer have been working with MnDOT to design this access, which is anticipated to require signalization and a possible j-hook. Development of this project is contingent upon MnDOT’s approval of this access. Additional access to the development includes an extension of the existing Yale Street dead-end on the north end of the project and a frontage road along Highway 10. The project reserves land for a future interchange, but that is not part of this project. It is anticipated that the improvements at 165th Ave will provide access for the foreseeable future and the interchange will be constructed when funding and traffic demands allow. Internal circulation is provided by public streets, there are no private drives included in the project. A sidewalk is included on one side of each residential street, including the frontage road. The developer has requested a narrower street section for many of the interior streets. A typical city street is 34-feet wide, and Page 144 of 166 the developer requests approval of a narrower public street at 29-feet. The request suggests that narrower roads are naturally traffic calming and will create a safer neighborhood. City engineering staff desire all public streets to comply with city standards. City Utilities All parcels will be served by city sewer and water. This will require the extension of existing trunk services, which are the responsibility of the developer. Additional details regarding city services will be included in a future preliminary plat application. Housing Types The proposal includes four different lot sizes, ranging in size from 50-foot-wide lots with a 35-foot-wide building pad, up to 100-foot lots overlooking the Mississippi River. The majority of the parcels are between 65 and 75-feet wide and are consistent with much of the development that has been approved in recent years. The largest lots are located along the river and have a minimum lot size of 20,000 square feet. These standards are a requirement of the Wild and Scenic River District for any parcel that abuts the river. Parcels within the district, but not along the river, are required to be at least 75-feet wide with a minimum size of 10,000 square feet. Proposed setbacks for these lots are 30-feet for the front yard and require a minimum of 15-feet between buildings – generally consistent with the typical R-1c zoning district. The majority of the lots, 284 in total, are 65-feet-wide. As noted earlier, this has been the most common parcel size constructed in the city for a number of years. The proposed setbacks of 25-feet for the front yard and 15 feet between buildings is also typical of these product types. The smallest lot sizes are clustered closest to Highway 10 and are 50-feet-wide with a front yard setback of 25-feet and maintaining 15-feet between buildings. The lot size does create some concern for on-street parking and placement of utilities. Parking has typically been a concern for smaller lots, and the developer is proposing restricting driveway width to 16-feet to maximize curb space for parking. This leaves approximately 34-feet between driveways in the best-case scenario, which is typically not enough for two vehicles. Curves in the roadway, fire hydrants, and mailboxes will further restrict the available on street parking. The applicant has included a parking study evaluating the impacts of the smaller lots on available street parking. City staff have concerns with the narrow lots and the impacts this will have on the project. The Planning Commission should discuss the proposal and the impacts of the smallest lot sizes to the community. One alternative may be to strategically mix the smaller lots throughout the area, so the density is not concentrated, and street parking concerns are minimized. Environmental The site is located within the Wild and Scenic River District, which includes additional performance standards and open space requirements. Generally, the standards require larger lots closer to the river, and a net open space requirement for all areas within the district. The developer has been working closely with the DNR to ensure the proposal satisfies the standards. The attachments include additional information regarding compliance with the Wild and Scenic standards. According to the exhibits, and conversations with the DNR, the project complies with the ordinance, and the PUD will include additional performance standards to ensure long-term compliance. Additionally, due to the development’s size and location, an Environmental Assessment Worksheet (EAW) is required. An EAW is a state mandated analysis of the impacts a proposed development project may generate. It includes a wide variety of topics, including traffic, historical elements, natural features, to name a few. The applicant has submitted the EAW for initial review, and the city will follow the state mandated review process. Ultimate approval of the EAW requires a review from the City Council. Page 145 of 166 Park and Recreations A project of this size includes a variety of park amenities. Additionally, the location along the Mississippi River provides additional opportunities for river access. Plans identify approximately 42 acres of park and open space, including a trail running from north to south, with a large segment along the river. The Park and Recreation Commission is reviewing the suggested park information and will make a recommendation to the City Council. Comprehensive Plan Amendment The requested amendment to the approved plan is generally consistent with the established guidance. The changes will better align the land use guidance with property lines. This provides clear guidance for the current and future landowners. Zone Change Amendments to the approved zoning map must be consistent with the Comprehensive Plan. The current zoning is generally consistent with the approved land use map, but the requested changes will improve consistency. The proposed commercial areas align with land currently guided for similar uses, and along with the requested changes, improves overall compliance. Second, the proposed residential PUD is consistent with the mixed residential guidance of the plan. The zone change will also align with planned parcel lines, improving overall consistency. PUD Ordinance The proposed PUD ordinance outlines the development standards for the subdivision. Any standards not specifically noted within the ordinance will follow the general development standards outlined in Chapter 30. Financial Impact None Mission/Policy/Goal Appropriately govern in an ever-changing environment. Meet changing needs - agile. Opportunity to live, work, and play. Responsibly grow. Support the growth and development of the community. Attachments 1. Location Map 2. Comprehensive Plan Exhibit 3. Zoning Comparison 4. Elk River - Specht Farm Master PUD Exhibits - FINAL 5. Specht Farm Proposed PUD Standards Page 146 of 166 Page 147 of 166 R E V I E W C O P Yof COMP PLAN AMENDMENT EXHIBITREVISIONS1.2.3.4.5.6.DRAWN BY:ISSUE DATE:C#12/18/2024SPECHT FARM Elk River, Minnesota f:\jobs\9541 - 9560\9556 - specht farm - elk river\cad c3d\survey\9556_comp plan exbt.dwgSave Date:12/18/24 FILE NO:XXX11CAPSTONE HOMES 14015 Sunfish Lake Blvd. - Suite 400 Ramsey, MN 55303 MISSISSIPPI RIVER165TH AVE. NW167TH AVE. NWUS STATE HIGHWAY NO. 10 & US STATE HIGHWAY NO. 52 & 169MN HIGHWAY NO. 101LEGENDYALEST.RIVER DISTRICTWILD AND SCENICRIVER DISTRICTWILD AND SCENICRIVER DISTRICTWILD AND SCENICGASLINE EASEMENTGASLINE EASEMENTPage 148 of 166 Page 149 of 166 PLANNED UNIT DEVELOPMENT December 30th, 2024 Specht Family Farm Elk River, MN Page 150 of 166 Project Narrative Capstone Homes is submitting for consideration a Master Plan Ordinance Amendment for the development of 250 acres of Mississippi Riverfront, into an exciting new mixed residential community. Capstone Homes is a locally owned hometown builder in the Twin Cities Metro area whose mission is to build quality homes at an exceptional value, while serving and positively impacting the community. Capstone offers modern, open concept floor plans with a huge selection of available structural and cosmetic options to fit any family’s needs. We are the largest privately owned builder in the Twin Cities Area and because we are family owned and operated, we treat each home and homeowner with the utmost care, just like we would our own families. The Specht Family Farm is located at 16330 US Highway 10, running adjacent to the Mississippi River. Nearly 1 mile of this roughly 250 acre neighborhood are home sites that are on and overlooking the Mississippi River. We have worked with city staff and the Department of Natural Resources to establish a neighborhood that protects the Wild and Scenic nature of the Mississippi river throughout the acreage site. Through multiple workshops, meetings and site walks we feel confident that the Master PUD plan submitted meets the design requirements defined in both the City of Elk River Ordinance and the State Wild and Scenic River District. Details associated with this Neighborhood development plan are outlined in this submission for review by City Staff, Planning Commissioners, and City Council members. We look forward to meeting with the Council, Commissioners and respective boards as we share our vision for meeting the growing residential needs of Elk River. Existing Conditions Page 151 of 166 COMMERCIALCOMMERCIALU.S. HIGHWAY NO. 10(A.K.A. HIGHWAY NO. 52 & 169)N.W.YALE STREETMISSISSIPPI RIVERWETLAND 10 YR OHW10 YR OHW10 YR OHW10 YR10 YR OHW10 YR OHWOHW165TH~ BERM ~~ BERM ~~ BERM ~~ BERM ~WETLANDINFILTRATIONINFILTRATIONINFILTRATIONPONDPONDPOND~ BERM ~~ BERM ~AVEofLOT EXHIBIT CAPSTONE HOMES, INC. 14015 Sunfish Lake Boulevard, Suite 400 Ramsey, Minnesota 55303REVISIONS1. 12/05/24 - Revise Layout.2. 12/13/24 - Revise Layout.3.4.5.6.DRAWN BY:PROJECT NO:C# / RJR9556SPECHT FAMILY FARM Elk River, Minnesota f:\jobs\9541 - 9560\9556 - specht farm - elk river\cad c3d\survey\layouts\9556_specht farm lot exbt.dwgSave Date:12/12/24 ISSUE DATE:11/22/202411DENOTES 100' RIPARIAN LOTSDENOTES 75' LOTSDENOTES 65' LOTSDENOTES 50' LIBERTY HOME LOTSPage 152 of 166 WETLANDINFILTRATIONINFILTRATIONPONDCOMMERCIALCOMMERCIALGREENWAYPUBLICPARKPRESERVEDTREE AREA~ BERM ~~ BERM ~~ BERM ~~ BERM ~~ BERM ~~ BERM ~PONDofPARK DEDICATION EXHIBIT CAPSTONE HOMES, INC. 14015 Sunfish Lake Boulevard, Suite 400 Ramsey, Minnesota 55303REVISIONS1. 12/09/24 - Revise Layout.2. 12/13/24 - Revise Wetlands, Areas3.4.5.6.DRAWN BY:PROJECT NO:RJR9556SPECHT FAMILY FARM Elk River, Minnesota f:\jobs\9541 - 9560\9556 - specht farm - elk river\cad c3d\landscape\concept plan\9556_concept base.dwgSave Date:12/12/24 ISSUE DATE:12/05/202411DENOTES 10' BITUMINOUS TRAILDENOTES TOTAL LOWER PARK DEDICATION AREA____________±28.07 ac LEGEND DENOTES GRAVEL WALKING PATHDENOTES 6' CONCRETE SIDEWALKDENOTES FUTURE 10' BITUMINOUS TRAIL(UPLAND AREA ONLY = ±16.59 ac)DENOTES WETLAND AND STORMWATER AREAS______________±16.13 acDENOTES TOTAL GREENWAY PARK DEDICATION AREA_________±14.51 ac(UPLAND AREA ONLY = ±9.86 ac)TOTAL UPLAND PARK DEDICATION CREDIT AREA_____±26.45 acTOTAL PARK DEDICATION AREA_____±42.58 acDENOTES FLOODWAYDENOTES 10 YR OHWDENOTES COMMERCIAL AREAS____________________________±5.17 acDENOTES LANDSCAPE BERM AREAS_______________________±15.87 acDENOTES FRONTAGE ROAD DEDICATED ROW_______________±10.53 acTOTAL PROJECT BOUNDARY AREA_______________±247.65 acNET RESIDENTIAL AREA (INCLUDING TOTAL PARK DEDICATION AREAS)___±216.08 acDENOTES POTENTIAL PRESERVED TREE AREAS (GREENWAY ONLY)CITY OF ELK RIVER PARK CALCULATION______________0.0846 x 533 UNITS = 45.01 ac PARK DEDICATION CALCULATIONS TOTAL PERCENTAGE OF NET RESIDENTIAL AREA____45.01 ac / 216.08 ac = 20.8%CAPSTONE TOTAL PARK DEDICATION AREA___________42.58 ac TOTAL PERCENTAGE OF NET RESIDENTIAL AREA____42.58 ac / 216.08 ac = 19.7%CAPSTONE UPLAND PARK DEDICATION AREA_________ 26.45 ac TOTAL PERCENTAGE OF NET RESIDENTIAL AREA____26.45 ac / 216.08 ac = 12.2%Page 153 of 166 PARK OPPORTUNITIESSpecht Farms | Elk River, MN | 12/13/24 N 0 16080 1 2 8 3 9 4 10 11 12 13 1415 16 17 18 7 5 6 Mississippi River Wetland 10-YR OHW 10-YR OHW 10-YR OHW Paved Trail Open Space Floodplain Forest Floodplai n F or e st Disc Golf Course Pavillion Play Area Par k i n g ( 3 0 ) Backwate r Channel Backwater Channel Gravel Trail River Overlook Picnic Day-Use Dock HOA Dock HOA Park Wetland Wetland These illustrations are park opportunities showing possible amenities. Actual amenities will vary as determined by City depending on current park practices, needs and budget at the time of construction. PlaygroundPlaygroundPavilionPavilionDisc Golf CourseDisc Golf Course Floating DockFloating DockFloodplain Forest / TrailsFloodplain Forest / Trails Page 154 of 166 TIER 2TIER 2TIER 3U.S. HIGHWAY NO. 10(A.K.A. HIGHWAY NO. 52 & 169)165TH AVENUE N.W.YALE STREETMISSISSIPPI RIVERWETLAND 10 YR OHW10 YR OHWTIER 1TIER 2TIER 310 YR OHW10 YR10 YR OHW10 YR OHWTIER 1TIER 2OHWBLUFFBLUFF BLUFFBLUFF125'125'WETLANDTIER 3TIER 4ofWILD AND SCENIC RIVER DISTRICT OPEN SPACE EXHIBITCAPSTONE HOMES, INC. 14015 Sunfish Lake Boulevard, Suite 400 Ramsey, Minnesota 55303REVISIONS1.2.3.4.5.6.DRAWN BY:PROJECT NO:C#9556SPECHT FAMILY FARM Elk River, Minnesota f:\jobs\9541 - 9560\9556 - specht farm - elk river\cad c3d\survey\layouts\9556_wsd open space exbt.dwgSave Date:11/21/24 ISSUE DATE:11/22/202411DENOTES ROW AREASDENOTES WETLAND AREASDENOTES AREA BELOW FLOODWAYDENOTES BLUFFDENOTES FLOODWAY(ABOVE OHW)(ABOVE OHW)DENOTES RIPARIAN LOT******************DENOTES OPEN SPACEDENOTES 10 YR OHWPage 155 of 166 TIER 2TIER 2TIER 3U.S. HIGHWAY NO. 10(A.K.A. HIGHWAY NO. 52 & 169)165TH AVENUE N.W.YALE STREETMISSISSIPPI RIVERWETLAND 10 YR OHW10 YR OHWTIER 1TIER 2TIER 3TIER 3TIER 410 YR OHW10 YR10 YR OHW10 YR OHWTIER 1TIER 2OHWBLUFFBLUFF BLUFFBLUFF125'125'WETLANDofWILD AND SCENIC RIVER DISTRICT PUD DENSITY EXHIBITCAPSTONE HOMES, INC. 14015 Sunfish Lake Boulevard, Suite 400 Ramsey, Minnesota 55303REVISIONS1. 11/12/2024 Revise layout.2. 11/22/2024 Revise layout.3.4.5.6.DRAWN BY:PROJECT NO:C#9556SPECHT FAMILY FARM Elk River, Minnesota f:\jobs\9541 - 9560\9556 - specht farm - elk river\cad c3d\survey\layouts\9556_wsd density exbt.dwgSave Date:11/22/24 ISSUE DATE:10/25/202411DENOTES LOT AREASDENOTES ROW AREASDENOTES WETLAND AREASDENOTES AREA BELOW FLOODWAYDENOTES BLUFFDENOTES COMMERCIAL LOTSDENOTES FLOODWAY(ABOVE OHW)(ABOVE OHW)DENOTES RIPARIAN LOT******************DENOTES 100' LOTSDENOTES 75' NON-RIPARIAN LOTSDENOTES 65' NON-RIPARIAN LOTSDENOTES PUBLIC OPEN SPACEDENOTES 10 YR OHWPage 156 of 166 U.S. HIGHWAY NO. 10(A.K.A. HIGHWAY NO. 52 & 169)YALE STREETMISSISSIPPI RIVERAVE N.W.165THROAD N.W .~ P A R K ~OVERPASSTWIN LAKESofSTREET WIDTH & SIDEWALK/TRAIL EXHIBITCAPSTONE HOMES, INC. 14015 Sunfish Lake Boulevard, Suite 400 Ramsey, Minnesota 55303REVISIONS1. 12/04/24 - Park Trails Added.2. 12/09/24 - Sidewalk Revisions.3. 12/12/24 - Sidewalk Added, Layout4.5.6.DRAWN BY:PROJECT NO:ADB / RJR9556SPECHT FAMILY FARM Elk River, Minnesota f:\jobs\9541 - 9560\9556 - specht farm - elk river\cad c3d\engineering\exhibits\9556_street-sidewalk exbt.dwgSave Date:12/12/24 ISSUE DATE:12/02/202411DENOTES 34' BACK TO BACKDENOTES 29' BACK TO BACKDENOTES 10' BITUMINOUS TRAILDENOTES FUTURE FRONTAGE ROAD LEGEND DENOTES GRAVEL WALKING PATHDENOTES 6' CONCRETE SIDEWALKDENOTES FUTURE 10' BITUMINOUS TRAILNOTE: 60' RIGHT-OF-WAY TYPICAL UNLESS NOTEDPage 157 of 166 U.S. HIGHWAY NO. 10(A.K.A. HIGHWAY NO. 52 & 169)YALE STREETMISSISSIPPI RIVERAVE N.W.165THROAD N.W.~ P A R K ~OVERPASSTWIN LAKESofPARKING EXHIBIT CAPSTONE HOMES, INC. 14015 Sunfish Lake Boulevard, Suite 400 Ramsey, Minnesota 55303REVISIONS1. 12/13/24 - Add Max Dwy Width Notes2. 3.4.5.6.DRAWN BY:PROJECT NO:ADB9556SPECHT FAMILY FARM Elk River, Minnesota f:\jobs\9541 - 9560\9556 - specht farm - elk river\cad c3d\engineering\exhibits\9556_parking exbt.dwgSave Date:12/12/24 ISSUE DATE:12/5/202411 KEY 12150' LOT 265' LOT 12Page 158 of 166 ofSPECHT FAMILY FARMElk River, Minnesotaf:\jobs\9541 - 9560\9556 - specht farm - elk river\cad c3d\engineering\exhibits\9556-street section.dwgSave Date:12/02/24 TYPICAL STREET SECTIONS21CAPSTONE HOMES, INC.14015 Sunfish Lake Blvd. NW, Suite 400Ramsey, MN 55303#9556Revisions:12/02/24 1.Page 159 of 166 ofSPECHT FAMILY FARMElk River, Minnesotaf:\jobs\9541 - 9560\9556 - specht farm - elk river\cad c3d\engineering\exhibits\9556-street section.dwgSave Date:12/02/24 TYPICAL STREET SECTIONS22CAPSTONE HOMES, INC.14015 Sunfish Lake Blvd. NW, Suite 400Ramsey, MN 55303#9556Revisions:1.12/02/24 Page 160 of 166 HWY 10 ACCESS EXHIBIT RJR09/11/242EXISTING MNDOT RIGHT-OF-WAY (PROJECT BOUNDARY)PROPOSED MNDOT RIGHT-OF-WAY (FUTURE INTERCHANGE)PROPOSED PROJECT ACCESSFUTURE PROJECT ACCESS W/ HWY 10 INTERCHANGE &FRONTAGE ROAD CONSTRUCTION (BY OTHERS)TWIN LAKESPKWY (FUTU R E )HIGHWAY 169 & CEDAR LAKE ROAD S (MINNETONKA)WITH TWO-WAY FRONTAGE ROAD (WEST SIDE OF HWY 169 ONLY)PROJECT BOUNDARYPROPOSED PROJECT BOUNDARY (FRONTAGE RIGHT-OF-WAY)ofCAPSTONE HOMES, INC. 14015 Sunfish Lake Boulevard, Suite 400 Ramsey, Minnesota 55303REVISIONS1. 12/13/24 - Revise Layout.2. 3.4.5.6.DRAWN BY:PROJECT NO:9556SPECHT FAMILY FARM Elk River, Minnesota f:\jobs\9541 - 9560\9556 - specht farm - elk river\cad c3d\landscape\concept plan\9556_access exhibit.dwgSave Date:09/11/24 ISSUE DATE:1LEGENDYALE ST NW167TH AVE NW165TH AVE NWFRONTAGE RD (FUTURE)HIGHWAY 10HIGHWAY 10GAS LINE EASEMENTEXAMPLE INTERCHANGEHIGHWAY 169CEDAR LAKE ROAD SFRONTAGE (2-WAY)GAS LINE EASEMENTPage 161 of 166 EXISTING MNDOT RIGHT-OF-WAY (PROJECT BOUNDARY)PROPOSED PROJECT ACCESS (INTERIM)FUTURE PROJECT ACCESS W/ HWY 10 INTERCHANGE &FRONTAGE ROAD CONSTRUCTION (BY OTHERS)PROPOSED PROJECT BOUNDARY (FRONTAGE RIGHT-OF-WAY)HWY 10 ACCESS EXHIBIT RJR09/11/242ofCAPSTONE HOMES, INC. 14015 Sunfish Lake Boulevard, Suite 400 Ramsey, Minnesota 55303REVISIONS1. 12/13/24 - Revise Layout.2. 3.4.5.6.DRAWN BY:PROJECT NO:9556SPECHT FAMILY FARM Elk River, Minnesota f:\jobs\9541 - 9560\9556 - specht farm - elk river\cad c3d\landscape\concept plan\9556_access exhibit.dwgSave Date:09/11/24 ISSUE DATE:2LEGEND1 6 5 T H A V E NWFRONTAGE RD (FUTURE)HIGHWAY 10HIGHWAY 10GAS LINE EASEMENTPROPOSED RIGHT TURN LANEEXISTING TURN LANEEXISTING TURN LANEEXISTING TURN LANEPage 162 of 166 Affordable Luxury 763-427-3090 | capstonehomes-mn.com Capstone Homes Inc. 14015 Sunfish Lake Blvd Ramey, MN 55303 RE: Capstone PUD Ordinance Amendment development and building standards. City of Elk River 13065 Orono Parkway NW Elk River, MN 55330 City of Elk River, We are pleased to submit our application for consideration of a Master PUD Ordinance Amendment, Rezoning application, and Comprehensive Plan amendment. Outlined below are the proposed design standards and park dedication proposal: 1. Street Design: a. Entrance - Minor Streets have the city standard 60’ Right of Way (ROW), with 34’ of street section measured at the back of each curb. This street section includes a standard city sidewalk on one or both sides of the street and no parking restrictions. b. Entrance with Trail – Minor Streets with Trail on one side and sidewalk on the other will be 65’ ROW, with 34’ of street section measure at the back of each curb. c. Neighborhood – Minor side streets throughout the neighborhood have 60’ ROW, with 29’ street section measured at the back of each curb. This street section includes a sidewalk on one side of the street and no restrictions on parking. d. For street section function and review Capstone welcomes a visit by any staff, commission, board, or council members to our Harvest Run community in Otsego. The model location is 6076 Quin Ave NE, Otsego, MN 55330. Harvest Run streets were built to the City of Otsego code requirements which is 29’ back-to-back with sidewalk on one side and no parking restrictions. 2. Lot Width and Setback for the neighborhood will be as follows: a. 50’ Liberty Single Family Lot Width: • 35’ home width • 7.5’ side setbacks • 25’ front/corner setback • Driveways for Liberty Lots shall be no wider than 16’ at the back of curb. b. 65’ Single Family Lot Width: • 50’ home width • 7.5’ side setbacks • 25’ front/corner setback • Driveways will have a maximum width of 30’ measured at the ROW line. Page 163 of 166 Affordable Luxury 763-427-3090 | capstonehomes-mn.com c. 75’ Single Family Lot Width: • 60’ home width • 7.5’ side setback • 30’ front/corner setback • 30’ rear primary structure setback from Bluff where it applies (Wild and Scenic Standards apply) • Driveways will have a maximum width of 30’ measured at the ROW line. d. 100’ Single Family Riparian Lot Width: • 80’ home width • 10’ side setback • 30’ front/corner setback • 30’ rear primary structure setback from Bluff where it applies (Wild and Scenic Standards apply) • 125’ rear primary structure setback from 10-year OHW (Wild and Scenic Standards apply) • Driveways will have a maximum width of 30’ measured at the ROW line. 3. Park Dedication: a. 42.58 Acres dedicated of premium river front open space and greenway corridors throughout the neighborhood. This acreage is outlined in the Master PUD Park Exhibit. b. The developer is requesting that the City design and install all park and trail improvements in dedicated acreage areas within a reasonable time proceeding complete dedication of lower park and greenway corridor land. c. Dedication of land will coincide with multiple plats through future phases of development. d. Note: 15.87 of additional Open Space (Highway Berm and Community Entrances) will be maintained by the Homeowners Association. 4. Offsite Utility and Roadway improvements: a. Developer will provide utility connections from offsite locations to the boundary of the project and throughout the full neighborhood. A significant cost is involved with these offsite improvements. b. Oversizing of services required by City will be credited to the Developer in the corresponding phase of development. c. Improvements are required at the location of Highway 10 and 165th Street. The Developer has planned to contribute up to $200,000 towards the intersection improvements. The balance of the improvement cost funding will be determined by the City. This intersection is temporary and will be removed upon completion of the MNDOT funded Twin Lakes Overpass. 5. Wild and Scenic River District PUD: a. All Riparian (Lots adjacent to the river) Lots are 100’ wide measured at the OHW (Ordinary High Water) level. Page 164 of 166 Affordable Luxury 763-427-3090 | capstonehomes-mn.com b. All Non-Riparian Lots on the Bluff that do not encounter the OHW are 75’ wide measured at the ROW. c. Primary Structure Setback from the OHW will be 125’. d. The Shore Impact Zone is 50’ from the OHW. 70% of the Shore Impact Zone will remain as open space. e. There are no restrictions on Seasonal Docks for all riparian lots. f. 65’ Lots are permitted in the Wild and Scenic District in areas that are not Riparian or along the bluff. g. Open Space must meet or exceed the 50% standard as defined in Table 2 of the Mississippi Wild and Scenic River Open Space Exhibit. h. Lots on the bluff will have access through the bluff. i. Impervious Surface coverage of riparian lots will not exceed 25% of the lot area. j. Non-riparian lots will follow the post development 5-year historic undeveloped peak discharge rate as outlined in the City of Elk River Ordinance. Capstone Homes has enjoyed working with City Staff, the Park Commission, Planning Commission and City Council during our initial phases of planning. We look forward to many years of continued work together to bring an exemplary neighborhood through The Specht Family Farm property for all the residents of Elk River. Sincerely, Matt Barker Director of Land Development Page 165 of 166 OAKWATER RIDGE Riverfront Riverfront ParkPark Tr a i l Existing Trees E x i s t i n g T r e e sExisting TreesE x i s t i n g T r e e s Infi l t r a t i o n B a s i n Infiltration Basin Infiltration Basin TrailTrail Backwater ChannelWetlandWetlandDisc GolfPicnicFloodplain ForestG a s l i n e E a s em e n t G a s l i n e E a s em e n t La n d s c a p e B e r m La n d s c a p e B e r m L a n d s c a p e L a n d s c a p e B e r m HOA River Access Public River Access Play Area ParkingPond PondPond 167th Ave. NW Twin Lakes Parkway (Future)165th Ave. NW Gateway Rd. NWFuture Overpass Int e r i m F u l l Ac c e s s I n t e r s e c t i o n Fr o n t a g e R o a d W / T r a i l ( F u t u r e ) Fr o n t a g e R o a d W / T r a i l ( F u t u r e ) Fr o n t a g e R o a d Fr o n t a g e R o a d w / T r a i l ( F u t u r e ) w / T r a i l ( F u t u r e )Yale St. NWHI G H W A Y 1 0 OLIVER KELLEY FARM HI G H W A Y 1 0HIGHWAY 101SINGLE SINGLE HOMES HOMESCLASSIC CLASSIC FAMILY FAMILYSINGLE FAMILYSINGLE FAMILYCLASSICCLASSICHOMESHOMESFUTURECOMMERCIAL CLASSIC SINGLE FAMILY HOMESCLASSIC SINGLE FAMILY HOMES R I V E R H OM E S R I V E R H OM E S BLUFF HOMESBLUFF HOMESBLU F F BLU F F H O M E S H O M E S RIV E R RIV E R H O M E S H O M E S L I B E R T Y S IN G L E F AM I L Y HOM E S L I B E R T Y S IN G L E F AM I L Y HOM E S N 0 350175 Liberty Homes (50’ Lot) 181 Classic Homes (65’ Lot) 284 Bluff Homes (75’ Lot) 49 River Homes (100’ Lot) 19 Total Residential Lots 533 Open Space 58.45 ac. Future Commercial 5.17 ac. Future Frontage Road ROW 10.53 ac. Net Residential Area 173.50 ac. Total Site Area 247.65 ac. SITE DATA MISSISSIPPI RIVERElk River, MN | 02/10/25 Page 166 of 166