6.8. - 6.11. SR 04-17-2006
City of Elk River
REQUEST FOR COUNCIL ACTION
Agenda Section Meeting Date
Plannin A ril 17, 2006
Item Description
. Land Use Plan amendment from LI (Light Industrial) to
HB (Highway Business)
. Zone change from PUD (planned Unit Development)
to C3 (Highway Commercial)
. Preliminary Plat for a single lot subdivision Gabez)
. Conditional use permit to expand the car dealership
Item Number
6.8. - 6.11.
Prepared by
Scott Harlicker, Senior Planner
Reviewed by
Scott Clark, Community Development
Director
Introduction
This project requires Council action on six requests, land use amendment, zone change, preliminary plat,
conditional use permit, easement vacation and a variance. This report will include the first four items; the
easement vacation and variance will be covered in separate reports.
The land use amendment and zone change affect 1.43 acres that is currendy platted as Oudot A, Leon
Lefebvre Addition. It is a remnant parcel that will be incorporated into four future commercial lots.
The preliminary plat for Jabez includes one 17.73 acre lot for the Elk River Ford dealership and 2 oudots
that will be platted into four future commercial lots.
The conditional use permit is for a 52,000 sq. ft. addition to the dealership, expanded parking lot and a
freestanding carwash/ detail center.
Discussion
At the Planning Commission meeting the following were the key points of discussion:
Land Use Amendment
. The Commission unanimously agreed that the land use designation should be changed to HB.
Zone Change
. The Commission unanimously agreed that the zoning should be changed to C3
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Preliminary Plat
. Park Dedication - The key discussion point relevant to the preliminary plat was park dedication.
The applicant is combining seven parcels (two previously occupied by a motel, three lots that the
existing dealership parcel is on, one house parcel on 171 sl and an industrial outlot). The end result
will be the creation of one main parcel for the dealership and two outlots. Staffs recommendation
is that since none of the properties have previously paid park dedication, all of the acreage needs
to be calculated in determining the final dedication amount. The applicant believes that dedication
should be charged only for the northern lots and not the dealership property (it was agreed upon
that the outlots will pay park dedication at the time that they are platted, which is standard City
policy). The park dedication amount is approximately $50,715 if only the northern lots (the
existing lots previously occupied the motel) pay dedication versus $111,699 if all lots are
calculated. (These figures do not include future outlot payments, assumes 2006 rates and the exact
acreage figures will be determined at the time of final plat.) Staff reviewed the interpretation of
requiring all parcels pay dedication, since none previously paid, with the City Attorney and he
concurred with the interpretation. The following points were discussed by the Planning
Commission:
1) A few commissioners were of the opinion that some mid-point (50% of the dedication
amount attributed to the current dealership site) would be an appropriate request. This
assumes 100% payment for the northern lots.
2) Some commissioners believed that it was not up to the Planning Commission to
randomly negotiate a park dedication amount that has always been set at a given rate.
Likewise, they were of the opinion that since the principle of a park dedication payment
is that all parcels should pay a one time fee to capitalize the City's park system, there
should not be an exemption for this applicant.
3) A commissioner stated that some reduction should be made since the applicant has not
requested abatement or TIF and this was a way of assisting the project.
4) Some commissioners expressed concern that the deviations from standard policy and the
introduction of mixing negotiated park dedication based on site plan considerations (e.g.
closing off the Highway 1 0 access) starts to create policy deviations and a basis for future
discussions that become unwieldy.
The Planning Commission voted 5 to 2 in favor of requiring full park dedication. The Planning
Commission minutes reflect some minority opinions and comments regarding the same.
Conditional Use Permit
. Access - The Commission discussed the location of the access from 171 sl Avenue and how it
might be impacted by a future interchange on Highway 10. They discussed the need to move the
access further east, away from Highway 10, to accommodate the possibility of a future
interchange. The City Engineer provided information about the IRC study and the probability
that any future interchange along Highway 10 would likely be to the south of 171 sl in order to
avoid impacting developed property. He also showed how the proposed access on 171 sl would
align with future access for the property on the south side of 171 st. The Commission's
recommendation included keeping the 171 sl access as shown on the site plan.
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. Low Impact Drainage Techniques - The applicant is proposing to utilize a low impact drainage
plan. This method for handling strormwater involves utilizing rain gardens and bio retention
ponds, and was one of the goals identified in the City's NPDES permit. The process allows for
the stormwater to be filtered through engineered soils, reduces the amount of off-site runoff and
allows for reduced on-site ponding and curbing requirements. Sec. 30-901 allows for exemptions
from the curbing requirements. Because the applicant is proposing to utilize Low Impact Design
techniques to manage stormwater, curb and gutter will only be installed in areas to control runoff
and customer traffic.
The Planning commission voted 7:0 to recommend approval the conditional use permit with 10
conditions.
Financial Impact
N/A
Attachments
Planning Commission Staff Report
Resolution No. 06-_
Ordinance No. 06-_
Minutes from April 11, 2006 Planning Commission meeting
Action Requested
Adoption of Resolution No. 06-_ changing the land use designation of Oudot A, Leon Lefebvre
Addition from LI to HB
Approval of Ordinance No. 06-_ changing the zoning of Oudot A, Leon Lefebvre Addition from
PUD to C3
Approval of the Preliminary Plat for Jabez with the following conditions:
1. Additional right-of-way of about 16.5 feet shall be provided along 171 st Avenue in the area
of the existing house.
2. The plat shall provide access control along Highway 10 frontage prohibiting access..
3. Park dedication fee, at the rate applicable at the time of final plat, shall be paid for Lot 1
(17.73 ac.) prior to releasing the plat for recording. Park dedication for Oudots A and B shall
be paid at the time those lots are platted and at the rate applicable at the time they are
granted final plat approval.
4. Surface water management fee, at the rate applicable at the time of final plat, shall be paid
for Lot 1 (17.73 ac.) prior to releasing the plat for recording. Surface water management fee
for Oudots A and B shall be paid at the time those lots are platted and at the rate applicable
at the time they are granted final plat approval.
5. The preliminary plat approval shall be extended for 3 years from the date that the Council
grants final plat approval.
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Approval of the Conditional Use Permit for the expansion of Elk River Ford with the following
conditions:
1. All comments of the City Engineer shall be addressed.
2. The project will be completed in phases.
. Phase one will include all the site work including all paving and curbing, removing
the Highway 10 access and constructing the two new access drives; stormwater
ponding; signage; construction of the service addition on the south side of the
building, and construction of the carwash/ detail center.
. Phase two will include the additional office space and showroom.
. Phase three will include the parts area and service addition.
3. The area included in phase two and three shall be graded and seeded; no parking will be
allowed in this area.
4. Since the project is proposed to be completed in phases, the approval for the conditional use
permit shall be extended to 2010.
5. The existing access from Highway 10 shall be removed.
6. Because the applicant is proposing to utilize Low Impact Design techniques to manage
stormwater, curb and gutter will only be installed in areas to control runoff and customer
traffic.
7. The existing home shall be re1I1oved.
8. Per Sec. 30- 859 no signage and/or decorations of any type, such as but not limited to,
banners, pennants, festoons, painted windows and balloons shall be allowed on the vehicles.
No temporary signs shall be allowed except as permitted under Sec.30-866(7)
9. A letter of credit in the amount of $50,000 shall be provided prior to issuing the grading or
building permits.
10. There shall be a minimum classification of semi-cutoff lighting fixtures installed.
Council Action
Motion by _
Second by _
Vote
Follow Up
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CITY OF ELK RIVER
RESOLUTION NO. 06-_
A RESOLUTION AMENDING THE COMPREHENSIVE PLAN
TO CHANGE THE LAND USE FROM LI (LIGHT INDUSTRIAL) TO HB (HIGHWAY
BUSINESS)
Case No. LU 06-03
WHEREAS, Minnesota Statutes, Chapter 462.355, Subdivision 2, prescribes the procedure
for amending the Comprehensive Plan, and
WHEREAS, the Planning Commission held a public hearing on Tuesday, April 11, 2006
and recommended approval regarding the Comprehensive Plan amendment request for the property
generally described as:
Oudot A, Leon Lefebvre Addition,
Sherburne County, Minnesota
and,
WHEREAS, the City Council has reviewed the Comprehensive Plan amendment request
and ftnds the following:
1. The subject property is contiguous with property that is currendy guided Highway
Business.
2. The proposed amendment will not have an adverse affect on adjacent properties.
3. The subject property will be included in future commercial redevelopment of the
northwest comer of Ulysses Street and 171st Avenue.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River
that the Land Use Plan be amended to change the property as described above from LI (Light
Industrial) to HB (Highway Business).
PASSED by the City Council of the City of Elk River this 17th day of April, 2006.
Stephanie Klinzing, Mayor
ATTEST:
Joan Schmidt, City Clerk
ORDINANCE 06 -
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES
TO C3 (HIGHWAY COMMERCIAL)
CASE NO. ZC 06- 03
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. The duly adopted Zoning Map of the City of Elk River is hereby
amended to rezone to C3 the properties described as:
Outlot A, Leon Lefebvre Addition
Section 2.
The rezoning is being approved based on the following findings:
1. The times and conditions have changed to warrant rezoning the property to C3.
Z. The proposed rezoning to C3 is consistent with the land use designation of Highway
Business.
3. The subject property will be included in future commercial redevelopment of the
northwest corner of Ulysses Street and 171st Avenue.
Section 3. That this Ordinance shall take effect and be in full force from and
after the date of its publication.
Passed and adopted this 17th day of April, 2006, by the City Council of the City of Elk
River.
Stephanie A. Klinzing, Mayor
ATTEST:
Joan Schmidt, City Clerk
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Item #~
MEMORANDUM
TO: Planning Commission
FROM: Scott Harlicker, Senior Planner
DATE: April II, 2006
SUBJECT: Case No. lU 06-03, ZC 06-03, P 06-06 and CU 06-06
Request by Elk River Ford for a land Use Plan Amendment,
Zone Change, Preliminary Plat (Jabez) and Conditional Use
Permit
Request
The applicant is requesting the following:
. Land Use Plan amendment from LI (Light Industrial) to HB (Highway Business)
. Zone change from PUD (planned Unit Development) to C3 (Highway Commercial)
. Preliminary Plat for a single lot subdivision Gabez)
. Conditional use permit to expand the car dealership
location
17219 Highway 10
Zonin~1 land Use
C3 (Highway Commercial) and PUD (planned Unit Development)/ HB (Highway Business)
and LI (Light Industrial)
60 Day Rule
In order to comply with Minnesota Statute 15.99 (60 - Day Requirement), action must be
taken on this request by April 28, 2006. In order to comply with the 120 day requirement for
the preliminary plat, action must be taken on the plat by June 27, 2006.
Planning Department Mission: the orderly development of a livable and sustainable Elk River community.
Planning Commission / P 06-06
April 11, 2006
Page 2
Attachments
. Location Map
. Development Plans
. Memo from the City Engineer
. Narrative from the applicant
. Pictures of proposed building materials
Overview
The conditional use permit is for the proposed expansion of Elk River Ford. They are also
platting 7 parcels into one lot with two oudots. The oudots will be final platted at sometime
in the future as 4 commercial lots. The land use amendment and zone change involve the
area of the future commercial lots along Ulysses Street and 171 51 Avenue.
The proposed area is bound by Highway 10 to the west, Ulysses Avenue to the east, 173rd
Avenue to the north and 171 51 Avenue to the south. Of the five properties included in the
project, one contains a commercial building and another contains a single family residence
that will be removed and the remaining three are vacant. The total project area is 21.82 acres.
Analysis
Land Use Amendment
A portion of the project area has a land use designation of LI (Light Industrial). This was
platted as Oudot A, Leon Lefebvre Addition. Since this area is proposed to be incorporated
into the overall redevelopment of this area and developed as commercial lots, the land use
designation should be changed to HB (Highway Business). The subject property is
contiguous with property that is currendy guided Highway Business. The proposed
amendment will not have an adverse affect on adjacent properties.
Zone Change
A portion of the project area, Oudot A, Leon Lefebvre Addition, is currendy zoned PUD
(planned Unit Development). It was zoned this way when the Lefebvre Trucking Company
developed the property across the street. Since this area is proposed to be incorporated into
the overall redevelopment of this area and developed as commercial lots, the zoning should
be changed to C3 (Highway Commercial) so it is consistent with the rest of the project. The
proposed rezoning to C3 is consistent the land use designation of Highway Business.
Preliminary Plat
The preliminary plat proposes to plat 21.82 acres into one lot and 2 oudots. Lot 1 will be
17.73 acres and include the Elk River Ford dealership. The two oudots will be platted into 4
commercial lots as some point in the future.
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Planning Commission / P 06-06
April 11 , 2006
Page 3
Access
The existing access points from Highway 10 will be removed. The new access driveways will
be off of 171 sl and 173rd Avenues. Additional access information is included under the
conditional use permit.
Grading. Drainage and Utility
Grading, drainage and utility issues are addressed under the conditional use permit.
Park Dedication
The Park and Recreation Commission recommended cash to meet the park dedication
requirement. These properties have not previously been platted, so as indicated in Section
30-327, they are not exempt from park dedication requirements and will require park
dedication for the entire 17.73-acre lot. Oudot A and Oudot B will require park dedication
when they are platted.
A recent example of this requirement is the Carson Business Center, which consisted of
three metes and bounds described properties, one which contained a commercial building
and another contained a bill board. These three properties were combined into one plat
(Carson Business Center) in which park dedication was paid for the entire plat.
The basic intent of park dedication is that all non-platted properties within the city pay their
one time share of dedication to fund the acquisition of or improvements to the City's park
system.
Extension of Preliminary Plat Approval
Should the preliminary and final plat for ]abez be approved, the applicant is requesting a 3
year extension of preliminary plat approval for Oudots A and B. The applicant is proposing
to final plat the oudots in phases over three years. The subdivision ordinance states that if a
plat is to be final platted in phases, failure to submit for final plat for each phase within one
year of the previous final plat approval shall cause the preliminary plat to become null and
void. The ordinance allows for the extension of the plat approval provided that there is a
finding that that good cause exists for the extension of the preliminary plat approval. Staff
feels that waiting for the comtnutei rail station to develop and the City's "Gateway Business
Center" to develop are good causes for the extension.
Conditional Use Permit
Overview
The applicant is applying for a conditional use permit to expand the dealership. The
expansion includes the following:
. Additional 8,000 sq. ft. of showroom
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Planning Commission / P 06-06
April 11 , 2006
Page 4
. Additional 12,800 sq. ft. of office
. Additional 21,300 sq. ft. of service area
. Additional 4,000 sq. ft. of parts area
. Additional 1 0,800 sq. ft. for vehicle drop off and maintenance
. Car wash/ detail center 7,600 sq. ft.
. Additional outside area for display and storing vehicles
The existing dealership is 37,800 sq. ft. With the proposed additions, the total square footage
will be 97,472 sq. ft.
Phasing
The applicant is proposing to complete the project in three phases. Phase one will include
the following:
. All the site work including all paving and curbing, removing the Highway 10 access
and constructing the two new access drives, stormwater ponding and signage.
. Construction of the carwash/ detail center.
. The service addition on the south side of the building.
Phase two is proposed to be constructed in 2007-08 and will include the additional office
space and showroom. Phase three is proposed to be constructed during 2008-10 and will
include the parts area and service addition. The area to be completed in phases two and three
will be graded and seeded. No parking will be allowed in this area.
Section 30-656 of the zoning code states that a conditional use permit will become null and
void unless the work described in the permit has been substantially completed within one
year. The Council may, following the recommendation by the Planning Commission, extend
the approval for a specified time. Since phases two and three of the project will not be
completed for 3 to 4 years, staff recommends that the Commission recommend the
conditional use permit be extended to 2010.
Building Elevations
Most of expansion will be on the north side of the building. The only expansion on the
south side will be for the service drop off area and a quick lube facility. The west elevation
will consist of glass with some metal curtain panels, the existing metal siding will be removed
and replaced with the new panels and curtain wall windows. Areas that are not glass or metal
will be white decorative pre-cast panels. The material used on the expansion will be
comparable to those used in the initial construction.
The carwash/ detail center will be constructed of white decorative pre-cast panels, similar
materials as the main building, and designed in a manner comparable to the original
architectural design and general appearance.
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Planning Commission / P 06-06
April 11, 2006
Page 5
Grading. Drainage and Utilities
The applicant is proposing to utilize a low impact drainage plan. This method for handling
strormwater involves utilizing rain gardens and bio retention ponds, and was one of the
goals identified in the City's NPDES permit. The process allows for the stormwater to be
filtered through engineered soils, reduces the amount of off-site runoff and allows for
reduced on~site ponding and curbing requirements. Sec. 30-901 allows for exemptions from
the curbing requirements. Because the applicant is proposing to utilize Low Impact Design
techniques to manage stormwater, curb and gutter will only be installed in areas to control
runoff and customer traffic.
Additional grading, drainage and utility comments are included in the City Engineer's memo
dated April 3, 2006.
Access and Parking
Access to the site will be provided via two new driveways, one from 171 st Avenue and
another from 173rd Avenue. The existing access from Highway 10 will be removed. The
access from 173rd will serve as the primary access to the service area, which has its main
entrance on the south side of the building. The access from 171 st will be the serve as the
primary access to the sales area, which has its main entrance on the north side of the
building. Sufficient customer parking has been provided for the sales area and service area
(60 spaces) and 155 parking spaces are provided for the 41 service stalls. There are 13
parking spaces for the car wash/ detail center along with 8 spaces for vacuums. There is
stacking space for about nine cars for the car wash. Curb and gutter have been provided
where needed to control runoff and direct customer traffic.
Landscaping and Lighting
The zoning code requires 111 trees be planted. The landscape plan includes 149 trees. The
trees are located throughout the site. There is a concentration of evergreens along the east
property line to provide a screen from the industrial businesses to the east. Overs tory trees
will be planted 40 - 50 feet on center will be planted along Highway 10. The entrances are
also lines with maples and ash. Ornamental trees are proposed along 171 st Avenue. All
landscaped areas will be irrigated.
The site lighting will vary depending on the purpose of the lighting. Parkway style light poles
will be used along the entrances. The existing tall poles along Highway 10 will be removed
and replaced with more subdued lower profile, about 20 foot tall, poles. These style poles
will also be used along 173rd Avenue. Taller, more typical car lot lighting fixtures, will be
utilized on the interior of the site. The lighting plan complies with the lighting requirements.
Signage
The applicant is proposing three pylon style freestanding signs along Highway 10. The
entrances on 171 st and 173rd Avenues will have a permitted 16 sq. ft. area identification signs
as additional site signage. The applicant is proposing to move the existing Ford sign to the
intersection of 173rd and Highway 10, move the Chrysler/Plymouth sign further south along
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Planning Commission I P 06-06
April 11, 2006
Page 6
Highway 10, remove the Ford Truck sign and replace it with a readerboard/changeable copy
style pylon sign. Each of the freestanding signs are proposed to be 200 sq. ft. in size.
The zoning code allows one freestanding sign per parcel. However, where a lot has more
than 300 feet of street frontage, one additional freestanding is allowed. They may be placed
no closer than 150 feet to any other freestanding sign on the same premises. Because the
parcel has more than 300 feet of street frontage, the current ordinance allows two
freestanding signs. The three freestanding signs along Highway 10 will require a variance.
No new or additional wall signage is being proposed at this time. Any future changes to wall
signs will have to comply with the C3 signage requirements and will need a sign permit.
Recommendation
Land Use Amendment
Staff recommends that the Planning Commission recommend approval of the proposed land
use amendment to change the land use designation from LI to HB based on the following:
. The subject property is contiguous with property that is currendy guided Highway
Business.
. The proposed amendment will not have an adverse affect on adjacent properties.
. The subject property will be included in future commercial redevelopment of the
northwest comer of Ulysses Street and 171 ,t Avenue.
Zone Change
Staff recommends that the Planning Commission recommend approval of the proposed
zone change from PUD to C3 based on the following:
. The times and conditions have changed to warrant rezoning the property to C3.
. The proposed rezoning to C3 is consistent with the land use designation of Highway
Business.
. The subject property will be included in future commercial redevelopment of the
northwest comer of Ulysses Street and 171 ,t Avenue.
Preliminary Plat
Staff recommends that the Planning Commission recommend approval of the preliminary
plat for Jabez with the following conditions:
1. Additional right-of-way of about 16.5 feet shall be provided along 171't Avenue in
the area of the existing house.
2. The plat shall provide access control along Highway 10 frontage prohibiting access..
3. Park dedication fee, at the rate applicable at the time of final plat, shall be paid for
Lot 1 (17.73 ac.) prior to releasing the plat for recording. Park dedication for Oudots
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Planning Commission / P 06-06
April 11 , 2006
Page 7
A and B shall be paid at the time those lots are platted and at the rate applicable at
the time they are granted fInal plat approval.
4. Surface water management fee, at the rate applicable at the time of fInal plat, shall be
paid for Lot 1 (17.73 ac.) prior to releasing the plat for recording. Surface water
management fee for Oudots A and B shall be paid at the time those lots are platted
and at the rate applicable at the time they are granted fInal plat approval.
5. The preliminary plat approval shall be extended for 3 years from the date that the
Council grants fInal plat approval.
Conditional Use Permit
Staff recommends that the Planning Commission recommend approval of the conditional
use permit to expand the dealership with the following conditions:
1. All comments of the City Engineer shall be addressed.
2. The project will be completed in phases.
. Phase one will include all the site work including all paving and curbing,
removing the Highway 10 access and constructing the two new access drives;
stormwater ponding; signage; construction of the service addition on the
south side of the building, and construction of the carwash/ detail center.
. Phase two will include the additional offIce space and showroom.
. Phase three will include the parts area and service addition.
3. The area included in phase two and three shall be graded and seeded; no parking will
be allowed in this area.
4. Since the project is proposed to be completed in phases, the approval for the
conditional use permit shall be extended to 2010.
5. The existing access from Highway 10 shall be removed.
6. Because the applicant is proposing to utilize Low Impact Design techniques to
manage stormwater, curb and gutter will only be installed in areas to control runoff
and customer traffIc.
7. The existing home shall be removed.
8. Per Sec. 30- 859 no signage and/or decorations of any type, such as but not limited
to, banners, pennants, festoons, painted windows and balloons shall be allowed on
the vehicles. No temporary signs shall be allowed except as permitted under
Sec.30-866(7)
9. A letter of credit in the amount of $50,000 shall be provided prior to issuing the
grading or building permits.
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DOT
PROPERTY
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j)\~~)' tJ
AVV1'fIOl'l
TRAILS LEGEND
Location Map
EXISTING PAVED TRAIL
_ _ _ _ _ FUTURE TRAIL
EXISTING SIDEWALK
_ _ _ _ _ FUTURE SIDEWALK
- - - - - FUTURE WIDENED SHOULDER
1r
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Case Number: P 06-06
ELK RIVER FORD
Planning Commission Minutes
April 11 , 2006
Page 4
MOVED BY COMMISSIONER WESTGAARD AND SE ONDED BY
COMMI SIONER STEVENS TO RECOMMEND APP OVAL OF A
CONDIT ONAL USE PERMIT FOR, CASE NO. CU -07 WITH THE
FOLLOW G CONDITIONS:
1. ALL OMMENTS OF THE CITY ENGIN
ADDR SSED.
2. SIGNAG SHALL COMPLY WITH TH DESIGN STANDARDS AND
EXHIBIT INDICATING SIZE AND L CATIONS SHALL BE
PROVIDE
5. SHED ROOFS SHALL
ELEMENT, AS SHOWN
L COMPLY WIT THE DESIGN STANDARDS AND
CATING LOCATI NS ON THE BUILDING AND ON
BE PROVIDE .
3. LIGHTING S
EXHIBITS IN
THE SITE SH
4.
I CLUDED, ALONG WITH THE GABLE
STAFF EXHIBIT A.
6. ALL PAVING, AS INDI D IN THE PAVING PLAN EXHIBIT,
SHALL BE INSTALLE PR OR TO ISSUANCE OF A CERTIFICATE
OF OCCPANCY.
7. ALL REVISED P S REFLE TING THE BUIDING SIZE CHANGE,
SHALL BE PROV ED PRIOR 0 THE CITY COUNCIL MEETING.
I
8. THE BUILDINf SHALL MEET L BUILDING CODES.
9. THE BUILD~G SHALL MEET AL FIRE CODES.
/
10. THE RE~NING SQUARE FOOTA E OF BUILDINGS WITHIN
THE APP~OVED PUD WILL NEED T BE REDUCED BY 1,220
SQUARE fEET.
i
I
MOTION CARI~IED 7-0.
5.4. Request by Elk River Ford for Land Use Amendment to Change Land Use from Light
Industrial to Highway Business. Public Hearing-Case No. LU 06-03
5.5. Request by Elk River Ford for Zone Change from Planned Unit Development to Highway
Commercial. Public Hearing-Case No. ZC 06-03
5.6. Request by Elk River Ford for Preliminary Plat ofJabez. Public Hearing-Case No. P 06-06
5.7. Request by Elk River Ford for Conditional Use Permit for Expansion of Auto Sales. Public
Hearing-Case No. CU 06-06
Mr. Harlicker stated the applicant is requesting approval of the four requests listed above as
outlined in his staff report.
Planning Commission Minutes
April 11, 2006
Page 5
Mr. Clark noted that the main issues the Commission should address are:
.
Come to a consensus on the land use amendment and the zoning change.
Discuss park dedication fees (the applicant disagrees with staffs recommendation)
Review building elevations.
Discussion regarding grading and drainage plan (due to elimination of curbing and
utilizing a low impact drainage plan).
Signage (applicant is requesting a variance with Board of Adjustments after this item
is discussed).
.
.
.
.
Commissioner Anderson stated he was concerned about the removal of the drainage pond
for the Lefebvre Addition.
Mr. Maurer stated the outlot in the Lefebvre Addition is an unbuildable remnant. He stated
the pond is actually on the Ford property and is going to be replaced in a different area in
order to utilize the Lefebvre outlot for four additional light industrial lots. He stated the
pond is not for drainage of the Lefebvre property.
Commissioner Offerman stated it makes sense to rezone the parcel to Highway Business. He
questioned whether the access into Elk River Ford should be moved further away from
Highway 10 (off 171st Avenue) because it may interfere with MnjDOT's interchange plans.
Mr. Maurer stated the Houle Oil site will eventually be developed and need a driveway
access. He stated the driveways for each site would line up at this location. Mr. Maurer stated
the Houle site has a lot of wetlands and the access into Ford is the farthest most easterly
spot a driveway could be installed without drastically impacting wetlands on the Houle site
when their driveway in installed.
Mr. Maurer stated MnjDOT's IRC does not indicate where an interchange will go along TH
10 in Elk River. He believes the intersection will be further south between 173rd Avenue and
16Sth Avenue because it is currently undeveloped and land acquisition would be easier and
more affordable.
Mr. Maurer stated the applicant is eliminating a direct access from Highway 10 and will be
directing traffic to 173rd or 171 st Avenues, both controlled intersections.
Chair Lemke questioned when TH 10 is built to freeway standards, if the accesses at 171 st
and 173rd Avenues would be closed.
Mr. Maurer stated they most likely would be closed and the city would be involved with
constructing a frontage or backage road.
Chair Lemke opened the public hearing for the land use plan amendment from Light
Industrial to Highway Business.
Scott Powell, Elk River Ford Owner-Stated he is building a quality, safe, and
environmentally sound project. He stated he was available for questions.
Chair Lemke questioned if the applicant is voluntarily closing the direct TH 10 entrance into
Ford.
Planning Commission Minutes
April 11 , 2006
Page 6
Mr. Powell stated they are closing the access due to safety concerns for customers and
employees.
There being no one else to speak to this issue, Chair Lemke closed the public hearing.
Commissioner Stevens thanked the applicant for a quality project.
MOVED BY COMMISSIONER STEVENS AND SECONDED BY
COMMISSIONER WESTGAARD TO RECOMMEND APPROVAL OF THE
LAND USE AMENDMENT FROM LIGHT INDUSTRIAL TO HIGHWAY
BUSINESS. MOTION CARRIED 7-0.
Chair Lemke opened the public hearing on the zone change. There being no one to speak to
this issue, Chair Lemke closed the public hearing.
MOVED BY COMMISSIONER STEVENS AND SECONDED BY
COMMISSIONER OFFERMAN TO RECOMMEND APPROVAL OF THE
ZONE CHANGE FROM HIGHWAY COMMERCIAL AND PLANNED UNIT
DEVELOPMENT TO HIGHWAY BUSINESS AND LIGHT INDUSTRIAL.
MOTION CARRIED 7-0.
Chair Lemke opened the public hearing for the preliminary plat ofJabez. There being no
one to speak to this issue, Chair Lemke closed the public hearing.
Commissioner Offerman expressed concern with Ford's driveway entrance on 171 st Avenue
being too close to TH 10. He stated this section would make sense for a Mn/DOT
interchange due to the Twin Lakes Road traffic coming down to TH 10. He felt the city
should be proactive in allowing for an interchange to develop at this location in order to
help the interchange come to this location and to save money in acquisitions in the long
term. He further stated concerns with traffic queuing.
Commissioner Stevens concurred with Commissioner Offerman.
Mr. Maurer stated that the Houle site would most likely develop before Mn/DOT has any
plans for an interchange. He reiterated where the driveway access would be proposed for
this site due to wetlands. He stated Ford volunteered to close their access offTH 10 and this
was a good compromise for a driveway access off 171 st Avenue in order to make it easy for
customers to locate the entrance. He further stated if development continues at its current
pace with the surrounding projects, the city may be required to take additional right-of-way
around the TH 10 intersection at 171 st Avenue.
Chair Lemke stated he concurred with Commissioner Offerman. He stated it makes sense
that if the city is going to get one interchange it would be where the Northstar Rail terminal
and Twin Lakes Road traffic is located. He questioned if the overpass were installed at 171 st
Avenue, if it would come down on the Ford driveway access.
Mr. Maurer disagreed that this would be the spot for a Mn/DOT interchange. He stated if
the interchange were considered for this location it would be very expensive for Mn/DOT
because they would have to acquire NAPA, Elk River Ford, and the Houle site. He stated
the interchange would most likely be near 165th Avenue with traffic using frontage/backage
roads to access the businesses at 171 st and 173rd Avenues. He stated the city has agreements
in place for frontage/backage roads.
Planning Commission Minutes
April 11, 2006
Page 7
Commissioner Offerman questioned why it would be more viable for Elk River Ford to
remain at its location if the interchange is constructed six blocks away at 16Sth Avenue but
why the driveway access on 171 st Avenue can't be moved further to the east, which is shorter
than six blocks.
Commissioner Stevens stated the property owner has enough land that the driveway access
could be moved at a later date if needed.
Mr. Maurer stated we are removing a direct driveway access from TH 10 to a signalized
intersection, which will be a vast improvement.
Commissioner Anderson concurred with Commissioner Offerman's concerns. He stated he
doesn't want to see this intersection end up like Evans and 193rd Avenues but feels it is safer
to have access on 171 st Avenue. He questioned if it would be possible to close the three
access points of a neighboring business (A&T Repair) and to have them share their access
with Ford.
Steve Rohlf, Ford representative-Stated it would be more appropriate to work out driveway
access issues with A&T Repair. He stated Ford has no interest in sharing an access with
them.
MOVED BY COMMISSIONER STEVENS AND SECONDED BY
COMMISSIONER WESTGAARD TO RECOMMEND APPROVAL OF THE
PRELIMINARY PLAT OF JABEZ BASED ON THE FOLLOWING
CONDITIONS:
1. ADDITIONAL RIGHT-OF-WAY OF ABOUT 16.5 FEET SHALL BE
PROVIDED ALONG 171ST AVENUE IN THE AREA OF THE EXISTING
HOUSE.
2. THE PLAT SHALL PROVIDE ACCESS CONTROL ALONG HIGHWAY
10 FRONTAGE PROHIBITING ACCESS.
3. PARK DEDICATION FEE, AT THE RATE APPLICABLE AT THE
TIME OF FINAL PLAT, SHALL BE PAID FOR LOT 1 (17.73 AC.) PRIOR
TO RELEASING THE PLAT FOR RECORDING. PARK DEDICATION
FOR OUTLOTS A AND B SHALL BE PAID AT THE TIME THOSE
LOTS ARE PLATTED AND AT THE RATE APPLICABLE AT THE
TIME THEY ARE GRANTED FINAL PLAT APPROVAL.
4. SURFACE WATER MANAGEMENT FEE, AT THE RATE APPLICABLE
AT THE TIME OF FINAL PLAT, SHALL BE PAID FOR LOT 1 (17.73
AC.) PRIOR TO RELEASING THE PLAT FOR RECORDING. SURFACE
WATER MANAGEMENT FEE FOR OUTLOTS A AND B SHALL BE
PAID AT THE TIME THOSE LOTS ARE PLATTED AND AT THE
RATE APPLICABLE AT THE TIME THEY ARE GRANTED FINAL
PLAT APPROVAL.
5. THE PRELIMINARY PLAT APPROVAL SHALL BE EXTENDED FOR 3
YEARS FROM THE DATE THAT THE COUNCIL GRANTS FINAL
PLAT APPROVAL.
Planning Commission Minutes
April 11 , 2006
Page 8
Mr. Clark noted there is a disagreement between the applicant and staffs recommendation
in regards to the park dedication requirements. He stated staff is requesting park dedication
fees for the entire 17.67 lot. He stated the two outlots will require park dedication fees be
paid when they are platted. He stated this was reviewed by the city attorney.
Commissioner Stevens stated he supported staffs recommendation and it is fair.
Steve Rohlf, Ford representative-Stated the city is interpreting the requirements incorrectly.
He stated park dedication fees should be charged on the four newly created lots (two
outlots) and the land being added to the dealership (former Red Carpet Inn site). He stated it
would be approximately $80,000 in fees. He stated the existing dealership should not pay
park dedication fees as consistent with Section 30-327 of the City Code, which states that
park dedication fees apply to undeveloped property. He stated the city is confusing
undeveloped with unplatted. He stated the existing dealership has been developed for over
30 years. He stated the property is not being subdivided but being combined. He stated the
only reason they are platting the property is because it is a condition to secure a building
permit. He stated his interpretation of the park dedication fees is consistent with how it was
handled in the past. He stated Ford has been supplying jobs and a tax base in Elk River for
over 30 years. He stated they are asking to be treated reasonably. He stated to charge in
excess of $100,000 to a business trying to expand and create more jobs is unreasonable. He
stated there isn't anything in the ordinance that states you have to charge the maximum fee.
Commissioner Stevens questioned the city's policy for park dedication requirements. He
questioned if Elk River Ford, when originally platted, paid a park dedication fee.
Mr. Clark stated if the property is residential it will be charged for new units; if the property
is commercial it will be charged for acreage and any further replats would not be charged
park dedication fees. Mr. Clark stated Elk River Ford was never platted.
Commissioner Westgaard stated Section 30-327 discussed platting and replatting but not
undeveloped land. He questioned whether a compromise could be reached.
Commissioner Anderson stated this issue is a decision for the City Council.
Commissioner Scott stated he would like to see the motion amended to state that the 8 acres
currently being used only pay half of the park dedication fees.
Commissioner Offerman concurred with Commissioner Scott. He stated the applicant made
a good point in that the city gives TIF money to new companies but often doesn't recognize
or give consideration to existing businesses that have been in Elk River for a long time
employing people and paying taxes.
Commissioner Anderson questioned how and why 50% was determined as a compromise on
the fees. He stated it is not the role of this Commission to determine the percentage. He
stated a vote needs to be taken on the current motion.
Commission Offerman stated it is not an unreasonable request as the city gave Wal-Mart
TIF money and also funding for the downtown project.
Commissioner Westgaard asked to reconsider the motion.
Planning Commission Minutes
April 11 , 2006
Page 9
Chair Lemke stated staff recommendation has determined this fee and he questioned their
process.
Mr. Clark stated they are following the ordinance. He stated the staffs recommendation was
reviewed with the city attorney.
Chair Lemke stated a vote should be taken on the motion and the Commission could make a
recommendation to the Council regarding park dedication fees.
Chair Lemke asked for an explanation of low impact drainage plans, which Mr. Maurer
explained.
MOTION CARRIED 5-2. Commissioners Offerman and Westgaard opposed.
Commissioner Westgaard stated the applicant has been willing to work with the city on
several issues and some consideration for park dedication fees should be given to the
applicant for his existing business.
Commissioner Ropp concurred.
Commissioner Anderson stated the city can't arbitrarily reduce park dedication fees and the
Commission should not be discussing this item.
Commissioner Stevens concurred.
Chair Lemke opened the public hearing on the conditional use permit.
Steve Rohlf, Ford representative-Stated Ford may be changing the order of their phases.
There being no further comments regarding this issue, Chair Lemke closed the public
hearing.
Commissioner Stevens stated he is sad to see the existing tower being removed.
Commissioner Offerman questioned the lighting standards. He stated auto dealerships tend
to over light their locations at the entrances. He questioned the lights along the entrance.
Mr. Rohlf stated the lights would be low prof1le decorative lights.
Mr. Harlicker stated the applicant is meeting the lighting requirements.
Commissioner Offerman requested a condition added for lighting at the entrances that shall
meet at minimum semi cut-off classification.
MOVED BY COMMISSIONER OFFERMAN AND SECONDED BY
COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE
CONDITIONAL USE PERMIT TO ELK RIVER FORD WITH THE
FOLLOWING CONDITIONS:
1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE
ADDRESSED.
Planning Commission Minutes
April 11, 2006
Page 10
2. THE PROJECT WILL BE COMPLETED IN PHASES.
. PHASE ONE WILL INCLUDE ALL THE SITE WORK
INCLUDING ALL PAVING AND CURBING, REMOVING THE
HIGHWAY 10 ACCESS AND CONSTRUCTING THE TWO NEW
ACCESS DRIVES; STORMWATER PONDING; SIGNAGE;
CONSTRUCTION OF THE SERVICE ADDITION ON THE
SOUTH SIDE OF THE BUILDING, AND CONSTRUCTION OF
THE CARWASH/DETAIL CENTER.
. PHASE TWO WILL INCLUDE THE ADDITIONAL OFFICE
SPACE AND SHOWROOM.
. PHASE THREE WILL INCLUDE THE PARTS AREA AND
SERVICE ADDITION.
3. THE AREA INCLUDED IN PHASE TWO AND THREE SHALL BE
GRADED AND SEEDED; NO PARKING WILL BE ALLOWED IN THIS
AREA.
4. SINCE THE PROJECT IS PROPOSED TO BE COMPLETED IN
PHASES, THE APPROVAL FOR THE CONDITIONAL USE PERMIT
SHALL BE EXTENDED TO 2010.
5. THE EXISTING ACCESS FROM HIGHWAY 10 SHALL BE REMOVED.
6. BECAUSE THE APPLICANT IS PROPOSING TO UTILIZE LOW
IMPACT DESIGN TECHNIQUES TO MANAGE STORMWATER, CURB
AND GUTTER WILL ONLY BE INSTALLED IN AREAS TO CONTROL
RUNOFF AND CUSTOMER TRAFFIC.
7. THE EXISTING HOME SHALL BE REMOVED.
8. PER SEC. 30- 859 NO SIGNAGE AND/OR DECORATIONS OF ANY
TYPE, SUCH AS BUT NOT LIMITED TO, BANNERS, PENNANTS,
FESTOONS, PAINTED WINDOWS AND BALLOONS SHALL BE
ALLOWED ON THE VEHICLES. NO TEMPORARY SIGNS SHALL BE
ALLOWED EXCEPT AS PERMITTED UNDER SEC.30-866(7).
9. A LETTER OF CREDIT IN THE AMOUNT OF $50,000 SHALL BE
PROVIDED PRIOR TO ISSUEING THE GRADING OR BUILDING
PERMITS.
10. PARKWAY STYLE LIGHTING AT THE ENTRANCES SHALL MEET A
MIMIMUM CLASSIFICATION OF SEMI CUT-OFF.
MOTION CARRIED 7-0.
6. Other Business
6.1. Update on March 20. 2006 City Council Meeting
Commissioner Anderson provided an update on the March 20, 2006 City Council
meeting.
13065 Orono Parkway
Elk River, MN 55330
April 3, 2006
File: 226-122P
Mr. Scott Harlicker, Senior Planner
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: ELK RIVER FORD EXPANSION
Dear Mr. Harlicker:
As requested we have reviewed the submittal package for the Elk River Ford expansion.
The package consisted of a 13-page plan set with a revision date of March 20, 2006, a
preliminary plat for Jabez Addition dated February 27,2006, and drainage calculations with a
revision date of March 20, 2006. These were all prepared by Bogart Pederson & Associates.
In addition, there was an overall site plan and landscape plan submitted prepared by Malmin
Architects, Inc. with a date of March 17, 2006. Based upon our review, comments received
at the staff review meeting, and meetings with the developer and their engineer, we would
offer the following comments:
A. Storm Drainage Calculations
In a meeting with the developer and their engineer, City staff has discussed the potential
of using Low Impact Design (LID) techniques for better management of storm drainage
runoff. LID techniques promote the detention of the water on the site and minimize
discharge, while at the same time treating the water better than a typical pond and pipe
system. LID utilizes bio-retention areas (a.k.a. rain gardens) that are similarly designed to
an on-site septic system drainfield to treat runoff and remove sand, salt, grease, oil and
other heavy metals that are typically found in the storm water discharge stream from
large commercial areas. We have done an initial review of the original pond pipe storm
drainage calculation for the site. We have found the concept of these to be acceptable
but have not done a more detailed analysis since the discussions of LID have indicated
the developer may change the concept.
B. Sheet 4 of 13 Demo Plan
. The trees around the existing home will be removed based on the grading plan,
although they are not noted to be removed on this sheet.
Phone: 763.635.1000
Fax: 763.635.1090
www.cLelk-river.mn.us
. There are notes referring to storm sewer to be removed just northeast of the existing
home. However, the existing storm sewer is not shown on this plan sheet.
C. Sheet 5 of 13 Site and Dimension Plan
. The north entrance onto 173rd Avenue should stop the curb at the plat boundary.
Extending curb onto 173rd Avenue which is a rural section would create a snowplow
hazard.
. There is no lighting shown on this plan.
D. Sheet 6 of 13 Site and Dimension Plan
. The one-inch copper water service shown for the existing home should be removed
along with the removal of the home. Elk River Municipal Utilities should be
contacted to verify the method of removal.
. This plan sheet should be revised to reflect the additional dedication of right of way
along 171 st Avenue in the location of the existing home to be removed.
E. Sheet 7 of 13 Grading and Drainage Plan
. Show the normal water level on all ponds.
. The north pond (12) lOa-year HWL is shown as 879.5 but the drainage calculations
show the HWL as 880.82.
. Show emergency overflow (EOF) of 880 between north pond (12) and east pond
(11).
. East pond (11) shows a lOa-year HWL of 879.5 but the drainage calculations show
the lOa-year HWL as 880.82.
. Show erosion blanket on all pond slopes according to NPD ES guidelines. Erosion
blanket must be placed within 7 days of completing work on pond slopes.
. The grading of the ponds as shown limits access to the existing sanitary sewer
manholes along the east property line. The City Sewer Department needs to access
these manholes with a large truck for annual sewer jetting. Revise the grading plan
to show truck access to all of the existing manholes.
F. Sheet 8 of 13 Grading and Drainage Plan
. Existing catch basin at south end of existing parking lot has 8.67cfs flowing to it
which will exceed its inlet capacity. Install additional catch basins to meet the
required inlet capacity as needed.
. Silt fence along the south drive is shown off of the project site.
. Provide easement for south pond outlet pipe.
. South pond shows lOa-year HWL as 875.5 but the drainage calculations show the
lOa-year HWL as 879.6. Provide EOF swale from south pond to 171st Avenue.
. Grade the area along the north boulevard of 171st Avenue to provide 2 percent
positive slope towards the curb line.
. Is the power pole south of south pond to be removed?
. Change storm sewer layout to collect drainage at curb line south of the car wash by
sliding CBMH 107 south to the last parking stall.
S:\PLANNING\Case Files\2006\P!at\P 06-06 ]abez\04 03 06 engr memo.doc
G. Sheet 9 of 13 Utility Plan
. The plan shows a connection to the existing watermain in the rn 10 ditch and an
extension along the north side of the building providing two hydrants on this side as
required by the Fire Department.
. Label adjustments to sanitary sewer manhole tops.
. Sanitary sewer service is shown to be provided by constructing a manhole over the
existing sanitary sewer line. According to City ordinance, sewer services cannot be
connected to manholes. Therefore, the service connection must be provided by
cutting a six-inch wye into the existing sanitary sewer line. A manhole will be needed
along the length of the service line for two purposes. One, a sampling manhole is
required by City ordinance; and two, all services over 100 feet in length (this is one is
almost 200 feet) require a cleanout at the loa-foot points.
. No slope is provided for the sewer service line. This sewer service line must follow
building/plumbing codes for slope and cleanouts.
H. Sheet 10 of 13 Utility Plan
. A second connection to the existing watermain in the rn 10 ditch is provided on the
south side of the building. Water is then extended into the site providing for the
water service for the main building and an additional hydrant at the southeast comer
of the main building, and an additional hydrant located near the car wash/detail
center. This same line provides the water service to the car wash/detail center.
. The sanitary sewer service to the car wash/detail center is shown going into the
existing sanitary manhole. As indicated previously, services cannot be connected to
manholes. Therefore a wye must be cut into the existing line. Again, a sampling
manhole is required for the car wash/detail center service.
. Show adjustments to existing sanitary sewer manholes.
I. Sheet 13 of 13 Detail Sheet
. On the gate valve and box installation detail, add a nut extension.
. Delete the thrust blocking detail. City specifications require that all watermain joints
be.retained with mega lugs.
J. Sheet 1 of 1 Preliminary Plat of J abez
. Provide additional right of way of approximately 16.5 feet along 171 st Avenue in the
area of the existing home.
. It is our understanding the owner of Elk River Ford will be closing the access
directly onto rn 10. Therefore, the plat should provide access control along the rn
10 frontage.
S:\PLANNlNG\Case Files\2006\P!at\P 06-06 Jabez\04 03 06 engr memo.doc
K. Miscellaneous
. The site will require a NPDES permit and a Storm Water Pollution Prevention Plan
(SWPPP). The SWPPP must be in an 8 ~"x 11" format and signed by the owner,
engineer and contractor.
. The SWPPP must address temporary sedimentation ponding during construction.
If you have any questions regarding these issues, please call.
Sincerely,
,.-----;
.~ptlf~J
Terry J. Mf~urer, PE
City Engineer
S:\PLANNING\Case Files\2006\Plat\P 06-06 Jabez\04 03 06 engr memo.doc
MEMORANDUM
To:
Elk River Planning Commission
From:
Stephen Rohlf, on behalfof the Elk River Ford
Dodge Jeep Property, Owner Scott S. Powell
Date:
February 27, 2006
Subject:
Elk River Ford-Dodge-Jeep Facilities Expansion
17219 Highway 10, Elk River, MN
*******************************************************
Elk River Ford-Doclge-Jeep, the business entity owned by Scott S. Powell,
the applicant in these proceedings, is excited to propose the expansion of its
facilities to provide even better service to the City of Elk River and its citizens.
This expansion will mean greater tax base for the City of Elk River, and an
increase of approximately thirty good paying jobs over the next five years. These
jobs will be in addition to the jobs of the nearly 100 people currently employed at
the dealership property;
Components of the facilities expansion include a quicklane service area
attached to the existing building, a detached carwash/detail center, greater
showroom space, additional vehicle service area, and much needed additional
office space.
In connection with applicant's request for necessary City approvals, we
thought it appropriate to address the following matters, so as to assist the City in
its consideration of the applicant's request:
A. Sianaae.
Current signage. Under the City's Sign Ordinance, Elk River Ford-
Dodge-Jeep is currently allowed two (2) 200 square foot freestanding signs. We
currently have three signs: one that states "Ford Trucks," one with "Ford" on it,
and one stating "Chrvsler. Plymouth. Jeep. Dodae." The attached drawing
shows the dimensions of these signs.
Requested Signage. Because we have over one quarter mile of frontage
on Highway 10, and are proposing two additional access points at 171st and
173rd Avenues, the currently allowed signage does not provide adequate notice
to our customers, and a hardship is presented. Accordingly, the applicant is
requesting a variance that will permit three (3) 200 square foot freestanding signs
along Highway 10. We would retain the "Ford" and "Chrysler, Plymouth, Jeep,
Dodge" signs, and replace the "Ford Trucks" sign with a double faced
programmable message center/community service board. We are also
requesting two 64 square foot monument signs at our entrances on 171 st & 173rd
Avenues. The locations of these signs are shown on our site plan.
Wall Signage. We plan to stay within the applicable ordinance in regards
to wall signage (three wall signs with a maximum cumulative size of 300 square
feet) on the main building and on the carwash/detail center. Wall signage on the
main building will include one to advertise Elk River Ford-Dodge-Jeep, one for
the quick/ane and to advise customers of the service area.
Variance Standards. There are five standards for granting a variance as
they relate to applicant's freestanding signage request. Our response to each is
as follows:
(1) The literal enforcement of the ordinance would cause undue
(unnecessary. unavoidable. extreme) hardship.
There are currently five automobile franchise operations on our site: Ford,
Dodge, Jeep, Mercury, and Chrysler. Two additional businesses are
proposed: a carwash/detail center and a quicklane service lane. These
individual franchises and businesses need to be identified to be successful.
Further, they need to be identified to avoid both customer confusion and
impediments to the free flow of traffic. Without appropriate, visible, readable
signage advising the customer that he or she has arrived at the desired
destination, the customer will drive on, or slow to seek out the desired
destination. Elk River Ford-Dodge-Jeep cannot adequately advertise all of its
businesses, for its benefit and the benefit and safety of its customers, and
stay within the current allowable signage.
(2) The hardship is caused by special conditions and circumstance which are
peculiar to the land and structures involved and which are not
characteristic of. or aoolicable to other lands or structures in the same
district.
Because of the necessary inventory, car dealerships tend to be land
intensive. Elk River Ford-Dodge-Jeep is no exception. The portion of the
property that will be used for the dealership (approximately 16 acres) is large
for a highway commercial use. The subject property also has access to/from
three roadways. This also makes the situation unique. There is a precedent
already established for allowing large site/large box businesses to go beyond
the maximum allowable signage.
2
(3) The literal application of the provisions of this article would deprive the
petitioner of riahts enioyed bv the.other properties in the same district
under the terms of this article.
The City's Ordinance recognizes the need for more signage for properties
with large frontages and allows a second freestanding sign for commercial
properties in excess of 300 feet of frontage. The subject property has well
over 2,000 feet of frontage. The amount of signage the applicant is
requesting is proportionate to the size of the site.
The ordinance did not anticipate our situation. The Elk River Ford-Dodge-
Jeep site has over a quarter of a mile of frontage on Highway 10 and nearly
900 feet of frontage on 171 st and 173rd Avenues. If we are allowed the
signage requested, the subject property would still have the least intensive
signage of any developed commercial area along Highway 10.
(4) The special conditions and circumstances are not a conseauence of the
petitioner's own actions or inactions.
The need for the variance on signage is a consequence of having an
unusually large parcel with an unusually large amount of frontage. The fact
that we are not dividing the land into smaller parcels should not be
determinative of the issue. The applicant owns adequate land for the planned
uses, and should not be penalized because those uses are proposed to be
housed in one principal building and one accessory building on the same lot.
(5) The variance will not be iniurious to or adverselv affect the health. safety.
or welfare of the residence of the city or the neiahborhood wherein the
property is situated and will be in keepina with the spirit and intent of this
article.
Not only will applicant's request not result in adverse safety
consequences, but, on the contrary, clearly marked entrances and signage
large enough to identify the businesses well in advance of having to initiate
turn movements, will improve safety in the area. This is especially true if the
applicant is compelled to relinquish direct access to Highway 10. There are
no residential areas adjacent to the property, so that is not an issue. Lastly,
the programmable message center will not incorporate rotating or flashing
lights that could distract motorists. The requested signage will be a safety
plus, not a neg~tive.
B. Delaved Second Phase of Plat.
Elk River Ford-Dodge-Jeep and LeFebvre Companies are cooperating
with the second phase of the requested plat. The second phase will include
3
Outlots A and B, each of which will be divided into two (2) one acre lots at a later
time.
Applicants are creating these lots to accommodate anticipated commercial
needs associated with the future NorthStar Corridor Train Station and the
development of the City of Elk River's "Gateway Business Park." We would like
to final plat these outlots closer in time to the development of the train station and
the development of Gateway Business Park. Accordingly, we are requesting a
three year extension to the preliminary plat. We look forward to cooperating with
city staff regarding the planning for the area.
C. Zone Chanae/Land Use Amendment.
LeFebvre Companies and Elk River Ford-Dodge-Jeep are requesting a
rezoning to C-3 Highway Commercial, and an associated Land Use Amendment
for the land included in Outlots A and B. The property involved with the
requested rezoning includes Outlot A, Leon LeFebvre Addition, which could be
replatted into a one acre industrial lot under its current zoning designation. The
remainder of proposed Outlots A and B is made up of a portion of the larger Elk
River Ford-Dodge-Jeep parcel, which is zoned Industrial PUD, and a separate
.66 acre parcel currently zoned Highway Commercial. A legal description of the
property involved in the rezoning application is attached.
Anticipated land uses have changed since the City developed the Land
Use Map in this area. For one thing, commercial amenities are now needed in
this area to accommodate the pending Train Station and Gateway Business
Park. In addition, the extension of Ulysses Street connecting to 171 st Avenue left
an odd shaped industrial lot (Outlot A, Leon LeFebvre Addition) detached from
the remainder of the LeFebvre property.
D. Access.
The Minnesota Department of Transportation (MnDOT) is interested in
eliminating direct accesses onto Highway 10 in the area of the subject property.
Elk River Ford-Dodge-Jeep has considered this matter in its planning, and is
willing to voluntarily comply with MnDOT's desires. This means that the property
would lose its Highway 10 entrance, and access would be limited to 171 st and
173rd Avenues. If the applicant concedes this point, it is vital that we have
appropriate signage to identify the new entrances. Also, in connection with a
change in access, applicant is requesting two addresses: one for Ford and one
for Chrysler, on 171 st Avenue and 173rd Avenue respectively.
We have worked with the City Engineer on identifying the appropriate
location for the dealership's access onto 171st Avenue. This access needs to line
up with the future access for properties south of 171 st. It also needs to be far
4
enough east of the Highway, to accommodate a future right turn lane for 171st
Avenue, and far enough west to avoid wetlands when the roadway is extended
south of 171 st in the future.
There will be a cross access agreement for lots created from Outlots "1\' &
"B" in the future. Those lots will all gain access from Ulysses Street, and not be
allowed to have driveways exiting onto 171 st Avenue.
E. Curbina.
Our site plan reflects concrete curbing only in those areas necessary for
aesthetics or drainage control. Applicant is requesting that it not be required to
place concrete curbing around the rest of the car lot, because of the unique
nature of the automobile sales business, with large amounts of vehicle display,
and because it will hinder snow removal. Perimeter curbing around the entire
site is not necessary, and would be extremely wasteful on a site as large as the
subject property. Section of 30-901 (b) (3) of the City of Elk River Code of
Ordinances contemplates such a request.
F. Park Dedication.
Section 30-327(a) of the City's Code of Ordinances states that it is
reasonable to dedicate landequalin value to ten percent of tne undevelooed
land proposed to be subdivided. Section 3D-327(b) states that in lieu of land the
contribution is to be an amount of cash not to exceed the fair market value of the
undevelooed land required to be dedicated. (The underlining is added to
emphasize the ordinance's wording, which restricts the imposition of the fee to
"undeveloped land" only, and which imposes an upper limit on the fee, but which
allows the City discretion as to whether a lesser fee may be charged.) Section
30-327 (f) states the fair market value shall be determined in the same manner
as the county assessor determines fair market value of land for tax purposes.
In the context of the park dedication fee ordinance noted above, we ask
that the City consider the following: (i) the existing dealership site is not
"undeveloped land," as contemplated by the ordinance; (ii) the dealership
property is not being further subdivided (rather it is being combined); (iii) the use
of the property is not changing; and (iv) the current use does not, and will not,
place a high demand on the city's park system, as would, by example, a multi-
family housing development. This property is only being platted at this time to
satisfy a condition for securing a building permit.
Further, nothing in the City's ordinance states the City must assess the
maximum park dedication fee on this property. Payment of the park dedication
charge on the entire property, and for the maximum amount would result in an
unreasonable charge for a single, land intensive business to absorb. We agree
that if this site were to be divided in the future for a different use, park dedication
5
could be applied at that time. Finally, we note that this site has already
contributed greatly to the city's park system through taxes paid over the past 30
years, and will continue to do so well into the future.
6
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DATE' 2/27/D6
DESIGN BY, ~
DRAWN BY,----"!Q
CHECKED BY: ~
DWG FILE: PRELPLAT
FILE NO" 05-0735,00
JABEZ
CITY OF ELK RIVER,
ELK RIVER FORD
PRELIMINARY PLAT
MN.
Signed:
LAND. SURVEYING
CIVIL ENGINEERING
MAPPING
13076 FIRST STREET, BECKER, MN 55308-9322
TEl~ 76,1-262-8822 FAX: . 763.-262.-8844
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ELK RIVER FORD
PROPOSED IMPROVEMNTS
CITY OF ELK RIVER, MN
DEMO PLAN
BOGART, PIEDIEIF!SONl
lI, ASSOC~A TIES, UNlC.
~rh~:~crrt C:~~1Yp:~;~r~~iSb:I~; ~e~i~~~;ion, DATE: 2/27 /06
my direct supervision and thClt I om a DESIGN BY: JKB
~~ I~~:n~fdth~r~~~~o~fl M~~~~~~t~. under DRAWN BY: JEN
CHECKED BY: CCD
DWG FILE: BASE
FILE NO.: 05 0735.00
REV
NO.
I
DATE
3 8 06
3 20 06
DESCRIPTION
REVISED NORTH EAST PARKING AREA AND GRADING PLAN
REVISED STORM LAYOUT AND CAR WASH LOCATION
(N
LAI'ID SURVEYlNG
CIVIL ENGINEERING
MAPPING
j3076 FIRST STREET, BECKER, MN 55308-9322
TEl~ 763 262 8822 FAX: 763-262-8844
Signed: a/~-
CHRIsTOPHER C. OTTERNESS
Date:?-u-UO Reg. No.419B1
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ELK RIVER FORD
PROPOSED IMPROVEMNTS
CITY OF ELK RIVER, MN
DEMO PLAN
BOGART, PEDERSON
& ASSOCIATES, INC.
LAND SURVEYING
CIVil ENGINEERING
MAPPING
13076 fIRST STREET, BECKER, MN 55308-9J22
TEl:76J 262-8822 FAX: 763-262-8544
I hereby certify that this pion, specification.
or report was prepared by me or under
my direct supervision and thot I am 0
duly Licensed Professional Engineer under
the lows of the State of Minnesota.
REV
NO.
I
DESCRIPTION
REVISED NO TH EAST PARKING AREA AND GRADING PLAN
REVISED STORM LAYOUT AND CAR WASH LOCATION
Signed: ~
CHRI PHER C. OTTERNESS
Dote: 'J "'1-~....;a, Reg. No.41961
DATE: 2/27 /06
DESIGN BY: JKB
DRAWN BY: JEN.CJM
CHECKED BY: CCO
DWG FILE: BASF
FILE NO.: 05 0735.00
3 20 06
DATE
3 8 06
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~rh~:~~t c:~~fYp:~~~r~~ISb:I~~ ~e~i~~~:ion, DATE: 2/27 /06
d~y d~~~~s~1p';~~~os~l:nn~ ~~~tin~e~mU:der DESIGN BY: JKB
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3 20 06
DESCRIPTION
REVISED NORTH EAST PARKING AREA AND GRADING PLAN
REVISED STORM LAYOUT AND CAR WASH LOCATION
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LAND SURVEYING
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TEL: 763 262 8822 FAX: 763-262 8844
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:J STOPHER C. OTTERNESS
Dote: - '<}-o6 Reg. No.41961
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Dote: )-2cJ-c..J Reg. No.41961
~rh~:~~rt C:~~fYp;:~r:~iSb:I:~ ~e~~~~:ion. DATE: 2/27 /06
:rJJy dt~~~s:dP;'~~~o~!:~ ~~~tin~e~munder DESIGN BY: JKB
the laws of the Stote of Minnesota. DRAWN BY: JEN.CJM
CHECKED BY: CCO
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REVISED STORM LAYOUT AND CAR WASH LOCATION
BOGART, PEDERSON
& ASSOCIATIES, INC.
LAND SURVEYII>lG
CIVIL ENGINEERING
MAPPING
I.J076 FIRST STREET, BECHER, MN 55306-9322
TEL~ 763-262-8822 FAX: 763 262-8844
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~rh~~':rrt C:~fyp~:~':I.b:I~~ :~~~::IDn. DATE: 2/27 /06 ~7i DATE
~Jy d~~~~j~~~~fl~I:~~ ~~~n~e~mU:der DESIGN BY: JKB I 3 8 06
the laws of the State of Minneflota. DRAWN BY:. JEN.CJM 2 3720/06
CHECKED BY: CCO
DWG FILE, BASE
Signed: CHRISTOPHER C. OTTERNESS FILE NO.: 05-0735.00
Dale: Reg. NQ.41961
ELK RIVER FORD
PROPOSED IMPROVEMNTS
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Signed: CHRISTOPHER C. OTTERNESS FILE NO.: 05-0735.00
Dale: Reg, Na.41961
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my direct supervision and that I am a . DESIGN BY' JKB
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DWG FILE: BASE
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3 20 06
DESCRIPTION
REVISED NORTH EAST PARKING AREA AND GRADING PLAN
REVISED STORM LAYOUT AND CAR WASH LOCATION
LAND SURVEYING
CIVIL ENGINEERING
MAPPING
13076 FIRST STREET, BECKER, MN 55306-9322
TEL: 763-262-8822 fAX: 763-262-8844
Signed: ~~
C CH STOPHER C, OTTERNESS
Date: ")-t.tJ-rlJ' Reg. No.41961
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CHECKED BY: CCO
DWG FILE: BASE
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REVISED STORM LAYOUT AND CAR WASH LOCATION
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ELK RIVER FORD
PROPOSED IMPROVEMNTS
CITY OF ELK RIVER, MN
UTILITY PLAN
BOGART, PEDERSON
& ASSOCIATES, INC.
LAND SURVEYING
CIVIL ENGINEERING
MAPPING
13076 FIRST STREET, BECKER, t-.CN 55308 9322
TEL: 763-262 8822 FAX: 763 262 8844
Signed: ~~
CH ISTOPHER C. OTTERNESS
Date: ")-Zl.l-.:Ic. Reg. No.41961
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Sheet No.:
Project: ELK RIVER FORD
Highway 10 & 171st Street N.W.
Elk River, Minnesota
TItle: OVERALL SITE PLAN
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PRELIMINARY
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Sheet No,: Project: ELK RIVER FORD Job No,:
05435
L1 Highway 10 & 171st Street N.W. Drawn By:
Elk River, Minnesota LCM/ JKM
Date:
Title: LANDSCAPE PLAN 3/17/06
Revisions
D~~MA~~~~..~
(CONCEPT ONLY)
I hereby cerlily thot this pion, specification.
or report WQ$ prepared by me or under my
direct supervision. and thot I om {J duly
Licensed Architect under lhe lows of the
Slale of Minne6olo.
PRELIMINARY
NOT FOR CONSTRUCTION
12223 Marl Lane, Mfnnelonka, Minnesota 55305 (D"red) 76J-577-9149
@ COPYRIGHT 2006 MALMIN ARCHITECTS, INC. 952-9J5-3J29
Name I ARRY ~ UAII.lIN
Signature
Dote_ No. 15674
Sheet No.:
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Project: ELK RIVER FORD
Highway 10 & 171st Street N.W.
Elk River, Minnesota
Title: OVERALL FLOOR PLAN
Job No.:
05435
Drown By:
LCM/JKM
Dote:
3/17/06
Revisions
D.~~~IC
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12223_a-.____-
o CllP\'ROiT _ _ ARCHIItCl'S, INC. __
(ClIIICIPr CIIU)
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or report wot prepoNd bJ me or under mt
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UClnMd Archlteet un_ the Ian of the
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Sheet No.: Project: ELK RIVER FORD Job No.: Revisions D_~-1I1 (ClIIICIPr CIILY)
05435 Ih.,.byCtlrtJfythQt-lh"pIon.~
or rwpart .. ptlportd br me or - under my
A4 Highway 10 & 171st Street N.W. Drown By: d1Nd .~rvI.lon. lInd thai I om II duty PRELIMINARY
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Elk River, Minnesota LCM! JKM stoteof"ln~to.
Dote: _. I AAlW r. U&I u... NOT FOR CONSTRUCTION
12223 _ '- _ _ __-
TItle: EXTERIOR ELEVATl.ONS 3/17/06 o CXIP'IRDiT 2lJOI __ NlCHIlEI:lS, INC. -- S1onotu".
Oat._ No. 1M1.