7.4 SR 03-17-2025The 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
7.4
Meeting Date
March 17, 2025
Prepared By
Chris Leeseberg, Senior Planner
Item Description
Ordinance Amendment 25-03: Sign Standards and
Codification of the PUD, Elk River Crossing Planned
Unit Development, Tractor Supply.
Resolution 25-10 for summary publication of the
ordinance.
Reviewed by
Zack Carlton
Cal Portner
Tina Allard
Action Requested
Adopt Ordinance 25-03 amending the sign standards and codifying the development standards for the Elk
River Crossing Planned Unit Development.
Adopt Resolution 25-10 for summary publication of the ordinance.
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 update
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
improves access to PUD information for property owners and developers while streamlining future
amendments.
City staff drafted an ordinance maintaining the current permitted and conditional uses within the PUD, along
with the established 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 (Walmart 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.
Planning Commission
No one spoke for or against the request and the Planning Commission unanimously recommended approval.
Financial Impact
None
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Mission/Policy/Goal
Simplify city ordinances and policies.
Support the growth and development of the residential community.
Attachments
1. PC Staff Report 2-25-2025
2. Area Signage Exhibit
3. Ordinance
4. Summary Resolution OA 25-03
5. 7.4 Signage ER Crossing 3-17-2025
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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 208 of 304
3. Sign Site Plan
4. Area Signage Exhibit
5. PUD Agreements and Amendments
Page 209 of 304
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
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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 211 of 304
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.
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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 213 of 304
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 214 of 304
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.
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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 222 of 304
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 223 of 304
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 224 of 304
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
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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
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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
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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
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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 229 of 304
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 230 of 304
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 231 of 304
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 232 of 304
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 233 of 304
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 234 of 304
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 235 of 304
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 236 of 304
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 237 of 304
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 238 of 304
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 239 of 304
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 240 of 304
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 241 of 304
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 242 of 304
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 243 of 304
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 244 of 304
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 245 of 304
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 246 of 304
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 247 of 304
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 248 of 304
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 249 of 304
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 250 of 304
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 251 of 304
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 252 of 304
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 253 of 304
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 254 of 304
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 255 of 304
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 256 of 304
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 257 of 304
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Page 260 of 304
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 261 of 304
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 262 of 304
Page 263 of 304
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 30-1603. – 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 264 of 304
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 length exceeds 50 feet. The wall
Page 265 of 304
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.
2.
3. 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. 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 266 of 304
2. 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.
Page 267 of 304
Strikethroughs to be removed
Underlines to be added
Last Updated January 2023
Resolution 25- ____
A Resolution of the City of Elk River approving notice of summary publication of
Ordinance No. 25-__, of the City of Elk River, Minnesota, City Code
WHEREAS, on March 17, 2025, the Elk River City Council adopted Ordinance No. 25-__
amending Chapter 30, Division 9, entitled “Other Nonoverlay Districts”; and
WHEREAS, Minnesota Statutes, Section 412.191, Subd. 4 allows publication by title and summary
in the case of lengthy ordinances; and
WHEREAS, the City Council finds that the following summary will clearly inform the public on
the intent and effect of Ordinance No. 25-__; and
WHEREAS, a copy of the full text of Ordinance No. 25-__ is available for inspection by any
person at the office of the Elk River City Clerk, 13065 Orono Parkway, during
regular business hours – 8:00 a.m. to 4:30 p.m., Monday through Friday.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River,
Minnesota, as follows: That the City Council, by at least four-fifths votes, authorizes publication of
the title and the following summary of Ordinance No. 25-__.
Public Notice
During their March 17, 2025, meeting, the City Council adopted Ordinance No. 25-__, an ordinance
amending Chapter 30, Division 9, entitled “Other Nonoverlay Districts”.
In summary, Ordinance No. 25-__ makes the following changes to the aforementioned sections of
the city code:
1. Maintaining the current permitted and conditional uses and architectural standards within
the Elk River Crossing Planned Unit Development (PUD).
2. All freestanding and multi-tenant buildings will now comply with the Highway Commercial
District (C3) Sign Ordinance.
3. Major tenants will retain the signage allowances specified in the original PUD agreement as
well as development and entry signs.
Passed and adopted by the City Council of the City of Elk River this 17th day of March, 2025.
Page 268 of 304
Strikethroughs to be removed
Underlines to be added
Last Updated January 2023
______________________________
John J. Dietz, Mayor
ATTEST:
_______________________________
Tina Allard, City Clerk
Page 269 of 304
Tractor SupplyOrdinance Amendment
Page 270 of 304
Background
§Elk River Crossing PUD approved 1999
§Tractor Supply requesting OA
§Allow signage on garden center
§Ordinance drafted:
§Maintain permitted & conditional uses
§Architectural standards
Page 271 of 304
Page 272 of 304
Page 273 of 304
Background
§Signage for all freestanding and multi-tenant buildings:
§Comply with (C3) Sign Ordinance
§Two major tenants
§Retain the signage allowances specified in the
original PUD
Page 274 of 304
Page 275 of 304
Planning Commission
§No one spoke for or against the request
§PC unanimously recommended approval
Page 276 of 304
Action Requested
§Adopt Ordinance 25-__ amending the sign standards
and codifying the development standards for the Elk
River Crossing PUD
§Adopt Resolution 25-__ for summary publication of the
ordinance
Page 277 of 304