3.0. - 7.0. SR 10-26-1993
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~l'k River
TO:
FROM:
MAYOR & CITY COUNCIL
STEVEN B. ACH, CITY PLANNER~~
OCTOBER 26, 1993
DATE:
SUBJECT: CONDITIONAL USE PERMIT FOR A
COMMERCIAL PLANNED UNIT
DEVELOPMENT AND PRELIMINARY PLAT
BY ELK RIVER ASSOCIATES/P.H.
CASE NO. 93-15 AND P-93-08
REQUESTED ACTION
A. A conditional use permit to develop a fifty acre site as a
commercial Planned Unit Development (PUD).
B. Preliminary Plat to divide fifty acres into thirteen
commercial lots and two outlots.
HISTORY
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Although the Council has not formally had this proposal before
them, the issue should be familiar based on previous related
actions (i.e., rezoning), the public hearing before the
Planning Commission in June and most recently last week, and
the informational packets distributed last Monday. In the
Planning Commission report I have included a history of actions
taken by the Planning Commission and City Council directly
related to the Elk Park Center project.
Some of the Council may recall the extensive discussions which
took place to rezone the subject property to Planned Unit
Development and amend the Comprehensive Land Use Plan to
Highway Business. If any of the Councilmembers would like to
review these minutes from those meetings, I will certainly
provide copies upon request.
Also, I would like to point out that a Traffic Impact Study was
prepared by Maier Stewart and Associates in January, 1993 and
distributed to the Councilmembers on February 1, 1993. This
study assessed traffic within the area of the proposed
commercial development. This analysis was based on an earlier
plan consisting of slightly less than 500,000 square feet.
PROJECT OVERVIEW
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The proposed project consists of roughly 374,000 square feet
commercial space. Of the 374,000 square feet, 88,000 and
164,000 square feet are dedicated respectively to a major
grocery store (Cub Foods) and a general merchandising anchor
(Wal-Mart). The balance of the center is proposed to consist
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
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of general and specialty retail space, Class I and Class II
restaurants, auto repair, and two financial institutions.
The project has gone through several revisions up to this
point. In the attached report to the Planning Commission are
noteworthy changes incorporated into the plans that have taken
place since the Planning Commission held their last public
hearing meeting on June 10, 1993.
REVIEW PROCESS
If the Council decides to move forward and approve this Planned
Unit Development, it will be the first action in a series
considered by the Planning Commission and City Council prior to
commencing construction. In the attached Planning Commission
report I have outlined a tentative schedule of actions that the
Planning Commission and City Council can expect to have brought
before them.
Two actions that will receive special attention are the
feasibility report and review of the specific site plans for
each phase of the project. First of all, the feasibility
report will address the necessary street and utility
improvements to accommodate this development. The associated
costs of these improvements will also be calculated and
presented to the Council at a later date. Secondly, review of
the site plans for each phase of the project will allow the
Planning Commission and City Council the opportunity to address
specific issues such as location of landscaping, tree
preservation, and screening of the service areas behind the
building. This review will be based on the project development
plan approved as part of the conditional use permit for the
commercial Planned Unit Development.
In addition to the two items mentioned above, staff believes it
would be appropriate to amend the recommendation that was
presented to the Planning Commission to include the City
Council have the opportunity to review the Planned Unit
Development agreement. This agreement will set forth the
development standards for Elk Park Center, responsibilities of
the developer's to perform and complete certain improvements,
and other related items to protect the integrity of a Planned
Unit Development.
SUMMARY OF THE OCTOBER 19 PLANNING COMMISSION MEETING
The primary issues of concern expressed by the residents
focused on location of development, traffic, storm drainage,
and safety of children. In addition, there were comments
directed towards whether this project met the seven standards
for granting a conditional use permit. As part of staff's
recommendation to the City Council, each of those seven
standards have been addressed.
.
The Planning Commission focused their discussion primarily on
storm drainage and traffic issues. The Planning Commission
emphasized the need for the developer to make the appropriate
and necessary street and utility improvements both on site and
off site to accommodate the proposed project. This particular
concern was entered in as an added condition by the Planning
Commission.
Attached is a draft of the Planning Commission minutes from the
Tuesday, October 19th meeting.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission unanimously recommended approval of the
conditional use permit and preliminary plat request by Elk
River Associates to develop a fifty acre site as a commercial
Planned Unit Development based on the findings and conditions
set forth in the attached minutes.
STAFF RECOMMENDATION
tit
As presented to the Planning Commission on October 19, 1993,
staff recommends approval of the conditional use permit and
preliminary plat for a commercial Planned Unit Development with
the identical findings and conditions recommended by the
Planning Commission with the addition of the following findings
to the seven conditions for granting a conditional use permit.
1. Careful consideration has been given not to endanger,
injure, or detrimentally affect the use and enjoYment of
other property in the immediate vicinity or the public
health, safety, morals, comfort, convenience, or general
welfare of the neighborhood or the City through an
extensive review period of the project design to address
all of the above issues.
2. The project is consistent with the Comprehensive Plan
designation of the fifty acre parcel as Highway Business.
3. Development of the fifty acre site as commercial will not
impede the normal and orderly development and improvements
of the surrounding vacant properties.
4. Certain public improvements including utility extensions
and street improvements will be required and set forth in
a feasibility report which, when completed, will not have
any adverse affects on surrounding infrastructure.
5.
The uses involved with this Planned Unit Development are
typical highway commercial uses commonly found along
Highway 169 and will not be detrimental to any persons or
property because of excess traffic noise, smoke, fumes,
glare, odors, dust, or vibrations.
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6.
As a result of the site plan review process by the
Planning Commission and City Council, every effort will be
made to prevent the destruction of natural amenities that
are present on the property. Furthermore, the Minnesota
Historical Society has indicated that there are no
historical or archeological properties found within the
project area.
7. The developer's of Elk Park Center will be required to
fully comply with all other requirements of the City's
Code of Ordinances including all conditions made part of
the approval process for the Planned Unit Development.
Lastly, staff concurs with the Commission's conditions,
however, it is recommended Condition #8 be modified to read as
follows:
8. The project design provide that the traffic level of
service on the intersection of Jackson Road and TH 169,
Highland Avenue and Jackson Road, School Street and
Jackson Road, Freeport Avenue and School Street, Elk Hills
Drive and Dodge Street, School Street and TH 169, and
Freeport Avenue and Jackson Road not be degraded and the
developers be responsible for off-site infrastructure
improvement that are necessary and appropriate as a result
of Elk Park Center.
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O~~1
MINUTES OF THE ELK RIVER PLANNING COMMISSION
MEETING HELD AT THE ELK RIVER CITY HALL
TUESDAY, OCTOBER 19, 1993
~~
Members Present:
Chairman Minton, Commissioners, Kreger, spotts, Tachney,
and Tveite.
Members Absent:
Commissioners Eberley and Kuester.
arrived at approximately 8:35 p.m.
Commissioner Kuester
Staff Present:
Steven Ach, City Planner; Stephen
Administrator; Terry Maurer, City
City Attorney; Catherine Schmidt,
Rohlf, zoning
Engineer; Peter Beck,
Recording Secretary
1. Call Meeting to Order
Pursuant to due call and notice thereof, the meeting of the Elk River
Planning Commission was called to order at 7:05 pm by Chairman Minton.
2. Consider Planning Commission Agenda
COMMISSIONER SPOTTS MOVED TO APPROVE THE 10/19/93 PLANNING COMMISSION
AGENDA. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED
5-0.
Chairman Minton addressed the public and explained the procedures for a
public hearing. Chairman Minton continued by asking the applicant and
developers to briefly explain the proposal.
Bert Dahlberg, President of Krause-Anderson introduced
developers and applicant: Mike Shields, Architect; John Bogart,
Oliver and Associates; John Werjes, Benshoof & Associates;
Carlson, Krause- Anderson. Mr. Dahlberg indicated
Krause-Anderson will become a partner in this project after
approval.
the
John
Carl
that
City
Mike Shields briefed the Planning Commission regarding the changes in
the proposal since the June 10, 1993, public hearing: reduced square
footage of the overall project; increased storm drainage and retention
ponds; additional landscaping; eliminated all but one retaining wall;
slopes were reduced to approximately 4:1, drives along Freeport and
Jackson were reduced; sidewalk is continued along Jackson; no signage
on the rear of buildings and signage has been reduced; etc.
John Bogart, John Oliver & Associates, briefly explained the details
of some of the aforementioned changes.
John Werjes, Benshoof & Associates, addressed the specific square
footage of the proposal and each individual shop. Mr. Werjes also
detailed specific traffic concerns: right-in, right-out off of TH
169; traffic volumes; Mn DOT findings; the roadway from Freeport to
TH 169 that needs to be widened; concerns from School Street west to
Elk River Planning Commission Minutes
October 19, 1993
Page 2
DRAfl
Jackson; traffic peaks with regard to the school versus the shopping
center; and the Taco Bell access grade.
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3. Consider a Conditional Use Permit and Preliminary Plat By Elk River
Associates/Public Hearing, Case NO. CU 93-15, P 93-8
staff report presented by Steve Ach. The applicant, Elk
Associates, requested a conditional use permit to develop a 50
site as a commercial PUD, and preliminary plat to divide 50 acres
13 commercial lots and two outlots. Mr. Ach reviewed staff's
dated October 19, 1993.
River
acre
into
memo
Chairman Minton entered into public record documents distributed by the
City Planner: two letters from Gene Schuldt dated November 2, 1992, and
November 24, 1992; a letter from Gary Santwire representing Rick
Foster; letters in support of the project from area residents.
Chairman
hearing
conflict
Minton stated that Commissioner Kuester would
meeting later this evening, however, due to
of interest, she will refrain from discussion
join the public
the perception of
and voting.
Chairman Minton opened the public hearing.
Rolfe Anderson, 19411 Irving Circle, Elk River, described the
Riverdale Crossing mall versus the proposed mall and stated that he
felt this proposal was far more intense, traffic wise. Mr. Anderson is
representing the Citizens Who Care group and continued to express group
concerns: safety for area children, traffic, street improvements, and
the costs associated with this project and all underlying costs be made
public.
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Ken Anderson, Engineer for citizens Who Care group, explained the
traffic volume he felt would occur from TH 169, west to Freeport.
Mr. Anderson feels the figures from ?(MSA or Mn DOT) are too
conservative. In addition to the traffic volume concerns, Mr. Anderson
expressed concern regarding the undeveloped parcel between TH 169 and
Freeport: when this parcel is developed, won't this create additional
traffic not being planned for now?
Tim Ostroot, 19333 Norfolk street, Elk River, mentioned that he is an
attorney however, he is not representing the group Citizens Who Care,
he is merely a citizen who cares about this proposal. Mr. Ostroot
reviewed the seven standards for granting a conditional use permit and
stated that this proposal does not meet these standards. Further, this
area was residential until it was rezoned to highway commercial making
this proposal inconsistent with the Comprehensive Plan. Mr. Ostroot
also expressed concern regarding the traffic volume level of service
stating level "0" is unacceptable, and urged the Planning Commission to
deny this request.
Chairman Minton addressed SOme of Rolfe Anderson's concerns regarding
costs incurred with this project and explained the process of a
feasibility report. Also, he stated it would be unfair to compare this
project with the Riverdale Crossing mall as this project is not as
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Elk River Planning commission Minutes
October 19, 1993
Page 3
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intense. Chairman Minton directed a question to Mr. Ken Anderson
relating to left turns from TH 169. Mr. Anderson responded.
steve Shoemaker, 11106-190 Avenue NW, Elk
with regard to traffic from outlying
traffic study been done relating to this?
River, expressed concerns
areas to this project. Has a
Duane Kropuenske, 12778-183rd Court, Elk River, believes that a City
wide traffic study should not be required as it could delay this
project and ultimately, cause the project to be withdrawn due to time
constraints. Mr. Kropuenske noted the tax advantages of such
commercial properties. Also, Mr. Kropuenske stated the seven standards
for granting a conditional use permit should not be taken quite so
literally.
8:25 p.m. - Commissioner Kuester arrived at this time.
Carla Fourniar, 716 Washington Court, Elk River, expressed concerns
relating to the safety of children. Who is ultimately responsible for
our children? For the record, Ms. Fourniar stated she holds the
Planning Commission, staff, developers, and applicants responsible for
the safety of the children.
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Gene Schuldt, 1218 Main Street, Elk River, stated his concerns
regarding Highland Road and County Road No.1. Mr. Schuldt is
concerned with traffic from surrounding roadways as well as roadways in
the immediate area of the project. Also, have all the properties
necessary for this project been secured? Shouldn't all properties be
secured before a recommendation is give to the Council?
Sharon Bromen, 20969-152nd Street NW, Elk River, Vice President of
the Chamber of Commerce expressed the Chamber's support of the proposed
project stating growth is essential to Elk River's future prosperity.
wendy Arrow, 11080-190 1/2 Avenue NW, Elk River, stated she supports
development with good sound thought and care, however, the is concerned
with the traffic and child safety issues related to this project site.
Ms. Arrow is also concerned about proper procedures being followed if
this project is approved for all issues are considered.
Wendy Penna, City of Ramsey, stated her children attend the Elk
schools although they do not live in the City of Elk River.
Penna explained her family's choice to live in a rural area and
like to see such development go elsewhere and rezone the land for
proposal as residential.
River
Ms.
would
this
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Mike Shields, Architect, described the Riverdale Crossing mall and
how it related to this project stating that this proposal is
approximately 100,000 square feet smaller than Riverdale. The
proposed project is not an enclosed mall, therefore, loitering should
be less than in an enclosed mall. Mr. Shields stated that the City is
in the process of preparing a Comprehensive Drainage Plan and that
further traffic concerns will be addressed in the feasibility report.
Elk River Planning Commission Minutes
October 19, 1993
Page 4
ORA
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Mr. Shields stated that the proposal
Comprehensive Plan.
is
consistent
with
the
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Chairman Minton asked staff to address future plans for 193rd Avenue
east of TH 169. Terry Maurer, City Engineer, responded that this
street was planned for widening in the future, possibly as far east as
Anoka county and therefore, is more than a residential road.
Chairman Minton asked staff to address the questions relating to land
acquisition. Steve Ach, City Planner, replied that all land has been
acquired or consent letters have been received.
Tom Penna, 17310 Camelion, Ramsey, asked the Commission who
for the Comprehensive Drainage Plan. Mr. Penna also questioned
regarding the traffic levels of service for other area roads.
pays
staff
Greg Johnson, 11880 Highland Road, Elk River, stated that a report from
the Citizens League of Taxes shows Elk River as being the 5th highest
in taxes. Mr. Johnson iterated concerns regarding the LOS, taxes, and
drainage on school property as well as the property to the west of the
project. He is opposed to the project at this site, not to development
in Elk River. Mr. Johnson asked Chairman Minton if his quotes in the
Star news were correct. Chairman Minton replied they were.
Chairman Minton entered into public record a letter from Thomas Zerwas,
Chief of Police, City of Elk River, and read the letter.
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Charlie Blesener, 19360 Norfolk
staff/developers to explain how the
conditional use permit were met.
changes from one draft letter (from
asked staff to respond.
Street, Elk River, requested
seven standards for granting a
Also, Mr. Blesener commented on the
Mn DOT) to another letter and
Chairman Minton stated the Planning Commission did not receive a copies
of the draft letters from Mn DOT, only the final letter. Mr.
Ostroot offered the Chairman a copy of the draft letters.
Commissioner Kreger felt the Planning Commission should not accept
copies of "draft" letters however, he requested the City Attorney
respond. Peter Beck, City Attorney, replied the letters should be
accepted, as all documents should be accepted for public record. Ken
Anderson, Engineer, explained that the figures used for calculations in
these draft letters did not change, merely the outcome of the
calculations.
John Bogart, John Oliver & Associates, explained that the
Comprehensive Drainage Plan will be paid for by all residents of Elk
River. This comprehensive plan was not undertaken just for this
project as it will encompass the entire City not only this area of the
City. Further, Mr. Bogart responded to the comments made regarding
the drainage problem west of the proposed site and on school property.
John Werjes, Benshoof & Associates,
the traffic calculations by Mn DOT
the calculations are conservative,
responded to comments regarding
and MSA. Mr. Werjes stated
however, their analysis is sound.
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Elk River Planning Commission Minutes
October 19, 1993
Page 5
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LOS E for a few peak pm hours is acceptable. Current LOS for Jackson
is D, for Freeport it is C. Chairman Minton asked Mr. Werjes if he
felt the left turn from TH 169 onto School Street is underestimated.
Mr. Werjes replied he did not feel it was underestimated.
Commissioner Kreger asked Mr. Werjes if this particular intersection
is modified, could it reach LOS C? Mr. Werjes stated it could be
modified to reach that LOS, however, there would be additional costs
involved. Commissioner Tachney asked Mr. Werjes to respond to the
coordination of timing distance from TH 169 to Freeport on School
Street. Mr. Werjes explained the coordination of signal lights at
the intersection of School Street and TH 169 and the proposed
intersection at School Street and Freeport.
commissioner Tachney asked Mr. Werjes
pedestrian safety during rush or peak hours
briefly described a few options noting
options of this nature will be addressed in
to explain
of traffic.
however, that
the feasibility
options for
Mr. Werjes
details for
report.
Loren Knott,
remarked that
and the request
use permit.
Attorney representing Krause-Anderson,
the proposed property is designated for this
meets the seven standards for granting a
briefly
type of use
conditional
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Ed Stoutenberg, 19032 Yale Circle, Elk River, expressed
regarding the current school bus traffic and vehicular
additional traffic in this location is not a good idea.
concerns
traffic;
Sue Daleiden, 19243 Lowell Street, Elk River, requested
explain the number of years it will take for residential taxes
for the types of improvements in this proposal.
staff
to pay
Bert Dahlberg, Krause-Anderson, briefly described Krause-Anderson
and stated that Krause-Anderson would not build a project
Wendy Penna, 17310 Camelion, Ramsey, stated the basic problem seems
to be "any project of this type" on this site. Ms. Penna suggested
the residents get together and apply for a rezoning of this site.
Phil Johnson, 19440 Holt Avenue, Elk River, iterated concerns
regarding the seven standards for granting a conditional use permit,
also stating this request does not meet those seven standards.
Further, the proposal is not consistent with the Comprehensive Plan.
There being no further comments from the public, Chairman Minton closed
the public hearing.
Steve Ach, City Planner, reviewed staff's memo and explained future
processes to the public. Mr. Ach stated staff is recommending approval
of the conditional use permit request for a commercial PUD by Elk River
Associates with the following conditions:
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1.
Plans be revised in accordance with letters from
October 11, 1993, and Terry Maurer, dated October
detail this site plan and future site plans.
Steve Ach, dated
15, 1993, that
Elk River Planning Commission Minutes
October 19, 1993
Page 6
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2.
Revised plans will be accepted as the "project development plan"
and provide the foundation for future site plan approvals.
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3.
All site plans must be submitted
City Council for review for
obtaining a building permit.
to the Planning Commission and
each phase of the project prior to
4. A chain link security fence shall be provided around the storm
water ponds located on the school property and two along Jackson
Road.
5.
A planned unit development agreement be prepared
prior to final plat. That particular agreement will
the standards detailing the signage package, the
requirements, etc.
and executed
set forth all
landscaping
6. A feasibility report be completed specifying necessary off-site
street, utility, and pedestrian system improvements.
Staff is also recommending preliminary Plat to divide 50 acres into 13
commercial lots and two outlots with the following conditions:
1. A development agreement be prepared and executed prior to release
of final plat for recording.
2.
Payment of park dedication in an amount based on the City's
commercial park dedication rate at the time of final plat.
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3. Outlot A and Outlot B be deeded to the City of Elk River for
public purposes.
4.
All drainage
property and
to the City as
and utility easements including those
the single family lots along Jackson Road
public drainage and utility easements.
on school
be granted
5. Lot 8, Block 2 be increased in area to a minimum of .8 acres.
6.
Prior to final plat, an administrative subdivision
Dickenson property must be completed and recorded.
of
the
7. Necessary storm drainage easements will need to be obtained to
accommodate storm water runoff from this project.
8. Appropriate cross access/cross parking agreements be
prepared to accommodate shared parking.
Chairman Minton explained that the Planning Commission would now ask
staff to respond to their questions. Chairman Minton asked if most
concerns would be addressed through the feasibility report. steve Ach
responded that some would be answered through the feasibility report,
some through the developer's agreement, and some through site plan
reviews. Chairman Minton asked why there seemed to be many conditions
resulting from lack of information. Terry Maurer replied that many
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Elk River Planning Commission Minutes
October 19, 1993
page 7
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comments and conditions are listed merely to relate the need for
further details, they are not necessarily major concerns.
Chairman Minton indicated that a written response was
Commissioner Eberley, entered the written response
record, and asked Commissioner Tveite to read
Commissioner Tveite read the response from Commissioner
received from
into the public
the response.
Eberley.
Discussion ensued among the Commissioners regarding details of the
proposed project. The Planning Commission asked staff to explain
questions relating to the following: sidewalk and bike path; lot sizes;
the Taco Bell parking situation; traffic LOS; anticipated traffic
increase in Elk River regardless of this proposal.
Chairman Minton asked Peter Beck, City Attorney, to respond to the
questions of rezoning the proposed site. Mr. Beck replied that this
proposal must be addressed with the current zoning.
Ken Anderson, Engineer, asked the Planning Commission to at lease
consider this proposal without degrading the current roadway system.
COMMISSIONER SPOTTS RECOMMENDED APPROVAL OF THE CONDITIONAL USE PERMIT
REQUESTED BY ELK RIVER ASSOCIATES TO DEVELOP A 50 ACRE SITE AS A
COMMERCIAL PLANNED UNIT DEVELOPMENT BASED ON THE FOLLOWING FINDINGS FOR
APPROVING A CONDITIONAL USE PERMIT:
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A.
THE PROPOSED USE WILL NOT ENDANGER, INJURE, OR DETRIMENTALLY
AFFECT THE USE AND ENJOYMENT OF OTHER PROPERTY IN THE IMMEDIATE
VICINITY OR THE PUBLIC HEALTH, SAFETY, MORALS, COMFORT,
CONVENIENCE, OR GENERAL WELFARE OF THE NEIGHBORHOOD OR THE CITY.
B. IT IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THE ZONING
ORDINANCE AND THE COMPREHENSIVE PLAN.
C.
IT WILL NOT IMPEDE THE NORMAL AND ORDERLY DEVELOPMENT
IMPROVEMENT OF THE SURROUNDING VACANT PROPERTY, THEREBY
SERIOUSLY DEPRECIATING SURROUNDING PROPERTY VALUES.
AND
NOT
D. IT WILL BE SERVED ADEQUATELY BY AND WILL NOT ADVERSELY AFFECT
ESSENTIAL PUBLIC UTILITIES AND SERVICES INCLUDING STREETS, POLICE
AND FIRE PROTECTION, DRAINAGE, REFUSE DISPOSAL, WATER AND SEWER
SYSTEMS, PARKS AND SCHOOLS AND WILL NOT, IN PARTICULAR, CREATE
TRAFFIC CONGESTION OR INTERFERENCE WITH TRAFFIC ON ADJACENT AND
NEIGHBORING PUBLIC THOROUGHFARES.
E. IT WILL NOT INVOLVE USES, ACTIVITIES, PROCESSES MATERIALS,
EQUIPMENT AND CONDITIONS OF OPERATION THAT WILL BE DETRIMENTAL TO
ANY PERSONS OR PROPERTY BECAUSE OF EXCESSIVE TRAFFIC, NOISE,
SMOKE, FUMES, GLARE, ODORS, DUST OR VIBRATIONS.
F.
IT WILL NOT RESULT IN THE DESTRUCTION, LOSS OR DAMAGE OFA
NATURAL, SCENIC OR HISTORIC FEATURE OF MAJOR IMPORTANCE.
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Elk River Planning Commission Minutes
October 19, 1993
Page 8
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G.
IT WILL FULLY COMPLY WITH ALL OTHER REQUIREMENTS OF THE CITY'S
CODE OF ORDINANCES, INCLUDING ANY APPLICABLE REQUIREMENTS AND
STANDARDS FOR THE ISSUANCE OF A LICENSE OR PERMIT TO ESTABLISH AND
OPERATE THE PROPOSED USE IN THE CITY OF ELK RIVER.
.
A PUBLIC HEARING WAS HELD AND THERE WAS NOTABLE OPPOSITION; THEIR
REMARKS WILL BE ENTERED INTO THE RECORD: AN ENVIRONMENTAL
ASSESSMENT WORKSHEET AND CURRENT UPDATES, DEPARTMENT OF NATURAL
RESOURCES AND HISTORICAL SOCIETY INFORMATION, INFORMATION SHEET
FROM CITIZENS WHO CARE REGARDING COMMENTS ABOUT TRAFFIC, DRAINAGE,
AND STREETS, THE POLLUTION CONTROL DOCUMENTS, DEPARTMENT OF ARMY
CORPS OF ENGINEERS WETLAND INFORMATION, DEPARTMENT OF HEALTH WELL
MANAGEMENT UNIT, TRAFFIC ANALYSIS AND UPDATES OF THAT ANALYSIS
FROM THE MN DEPARTMENT OF TRANSPORTATION, AND SPECIFIC
CORRESPONDENCE FROM SEVERAL CONCERNED CITIZENS OF THE COMMUNITY.
THE FOLLOWING STIPULATIONS WILL BE ADHERED TO FOR THIS PERMIT:
1. PLANS BE REVISED IN ACCORDANCE WITH LETTERS FROM STEVE ACH, DATED
OCTOBER 11, 1993, AND TERRY MAURER, DATED OCTOBER 15, 1993.
2. REVISED PLANS WILL BE ACCEPTED AS THE "PROJECT DEVELOPMENT PLAN"
AND PROVIDE THE FOUNDATION FOR FUTURE SITE PLAN REVIEWS.
3. ALL SITE PLANS MUST BE SUBMITTED TO THE PLANNING COMMISSION AND
CITY COUNCIL FOR REVIEW FOR EACH PHASE OF THE PROJECT PRIOR TO
OBTAINING A BUILDING PERMIT.
4.
A CHAIN LINK SECURITY FENCE SHALL BE PROVIDED AROUND THE STORM
WATER PONDS LOCATED ON THE SCHOOL PROPERTY AND TWO ALONG JACKSON
ROAD.
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5. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED
PRIOR TO FINAL PLAT.
6. A FEASIBILITY REPORT BE COMPLETED SPECIFYING NECESSARY OFF-SITE
STREET, UTILITY, AND PEDESTRIAN SYSTEM IMPROVEMENTS. FINDINGS OF
STUDY INCORPORATED INTO THE PLAN WITHIN 60 DAYS.
7. A SIDEWALK/BIKE PATH ALONG JACKSON ROAD BE INCLUDED IN THE INITIAL
DEVELOPMENT. A METHOD OF PROPOSED RIGHT-OF-WAY ACQUISITION BE
FULLY EXPLAINED TO THE CITY COUNCIL.
8.
THE PROJECT DESIGN PROVIDE THAT THE TRAFFIC LEVEL OF SERVICE
THE INTERSECTION OF JACKSON ROAD AND TH 169, HIGHLAND AVENUE
JACKSON ROAD, SCHOOL STREET AND JACKSON ROAD, FREEPORT AVENUE
SCHOOL STREET, ELK HILLS DRIVE AND DODGE STREET, SCHOOL STREET
TH 169, AND FREEPORT AVENUE AND JACKSON ROAD NOT BE DEGRADED.
ON
AND
AND
AND
COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
COMMISSIONER SPOTTS RECOMMENDED APPROVAL OF THE PRELIMINARY PLAT FOR
ELK RIVER ASSOCIATES TO DIVIDE 50 ACRES INTO 13 COMMERCIAL LOTS AND TWO
OUTLOTS. PUBLIC HEARING WAS HELD AND THERE WAS CONSIDERABLE
OPPOSITION. THE PLAT IS IN CONFORMANCE WITH THE COMPREHENSIVE PLAN.
THE PLAT HAS BEEN REVIEWED BY THE CITY ENGINEER, THE COUNTY HIGHWAY
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Elk River Planning Commission Minutes
October 19, 1993
Page 9
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DEPARTMENT, AND THE STATE HIGHWAY DEPARTMENT. A LETTER OF APPROVAL
FROM THE DEPARTMENT OF NATURAL RESOURCES WAS RECEIVED. PARK BOARD
RECOMMENDATION HAS BEEN RECEIVED. THE PLAT MEETS CITY ORDINANCES AND
IS CONTINGENT ON THE FOLLOWING OUTSTANDING ITEMS AND CONDITIONS:
1. A DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASE
OF FINAL PLAT FOR RECORDING.
2. PAYMENT OF PARK DEDICATION IN AN AMOUNT BASED ON THE CITY'S
COMMERCIAL PARK DEDICATION RATE AT THE TIME OF FINAL PLAT.
3. OUTLOT A AND OUTLOT B BE DEEDED TO THE CITY OF ELK RIVER FOR
PUBLIC PURPOSES.
4. ALL DRAINAGE AND UTILITY EASEMENTS INCLUDING THOSE ON SCHOOL
PROPERTY AND THE SINGLE FAMILY LOTS ALONG JACKSON ROAD BE GRANTED
TO THE CITY AS PUBLIC DRAINAGE AND UTILITY EASEMENTS.
5. LOT 8, BLOCK 2 BE INCREASED IN AREA TO A MINIMUM OF .8 ACRES.
6. PRIOR TO FINAL PLAT, AN ADMINISTRATIVE SUBDIVISION OF THE
DICKENSON PROPERTY MUST BE COMPLETED AND RECORDED.
7. NECESSARY STORM DRAINAGE EASEMENTS WILL NEED TO BE OBTAINED TO
ACCOMMODATE STORM WATER RUNOFF FROM THIS PROJECT.
8.
APPROPRIATE CROSS ACCESS/CROSS PARKING AGREEMENTS BE PREPARED TO
ACCOMMODATE SHARED PARKING.
THE ENVIRONMENTAL ASSESSMENT WORKSHEET HAS BEEN RECEIVED AND THE ARMY
CORPS OF ENGINEERS INFORMATION WAS MADE AVAILABLE. COMMISSIONER TVEITE
SECONDED THE MOTION. THE MOTION CARRIED 5-0.
4. Adjournment
There being no further business, COMMISSIONER TVEITE MOVED
THE MEETING. COMMISSIONER KREGER SECONDED THE MOTION.
CARRIED 5-0.
TO ADJOURN
THE MOTION
The meeting of the Elk River Planning Commission adjourned at approximately
10:40 p.m.
Respectfully submitted,
(jm)/J~~ !YJ JcA/r)IrftJ
Catherine M. Schmidt
Recording Secretary
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TO:
FROM:
MAYOR & CITY COUNCIL
STEVEN B. ACH, CITY PLANNE~~
OCTOBER 26, 1993
DATE:
SUBJECT: ENVIRONMENTAL ASSESSMENT
WORKSHEET (EAW)
ISSUE
Review of the Environmental Assessment Worksheet for Elk
Center and determination whether a Environmental
Statement (EIS) is required.
Park
Impact
PURPOSE OF ENVIRONMENTAL ASSESSMENT WORKSHEET
To disclose information
environmental impacts of
information is used to:
about potential significant
a particular project. This
1. Determine whether an Environmental Impact Statement (EIS)
is needed; and,
2. Indicate how the project can be modified to lessen the
impact.
ve
ANALYSIS
To assess the potential significant environmental impact of Elk
Park Center, an EAW was prepared by the City of Elk River
staff. Preparation of the EAW was based on the original
development proposal submitted by Elk River Associates (Scott
Erickson) consisting of 469,000 square feet of commercial
space. The project has since been reduced in size to 374,000
square feet; therefore any outstanding environmental issues
have been addressed through revisions to the plan. Even though
the scope of the project has changed, Greg Downing of the
Environmental Quality Board, acting as coordinator, has
indicated that the EAW as originally prepared is still valid
and can be used to determine a positive or negative
declaration.
Attached to this memorandum is a resolution of negative
declaration on the need for an EIS. In addition, a copy of the
EAW, responding letters from the appropriate agencies notified
as part of the review process, and responses from the group
Citizens Who Care, and John Oliver and Associates are attached.
RECOMMENDATION
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Staff has reviewed the comments submitted as part of the EAW
and believe the proposed plans for Elk Park Center have been
modified to eliminate any significant environmental effects as
a result of this project. Therefore, it is recommended that
the City Council adopt Resolution 93-__ as prepared.
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
CITY OF ELK RIVER
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CITY COUNCIL RESOLUTION NO. 93 -
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ELK RIVER REGARDING
THE ENVIRONMENTAL REVIEW PROCESS FOR
THE PROPOSED ELK PARK CENTER PROJECT; RESPONDING TO
COMMENTS RECEIVED ON THE ENVIRONMENTAL ASSESSMENT WORKSHEET;
SETTING FORTH THE CITY COUNCIL'S FINDINGS OF FACT
REGARDING THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT;
AND DECLARING THAT THE PREPARATION OF
AN ENVIRONMENTAL IMPACT STATEMENT IS NOT NECESSARY
WHEREAS, Elk River Associates and Kraus-Anderson Construction
Company (the Developers) propose to construct a 374,000 square foot
shopping center (the Project) on approximately 50 acres of land
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located north of the school district property between Jackson
Avenue and Highway 169 in the City of Elk River (the City); and
WHEREAS, pursuant to Minnesota Rules, Parts 4410.0200 to
4410.7800 (the EQB Rules) the Project requires the preparation of a
mandatory environmental assessment worksheet (EAW) under the
Minnesota Environmental Policy Act (MEPA); and
WHEREAS, the Developers supplied data on the Project to the
City and the City, as the responsible governmental unit (RGU) under
the EQB Rules, prepared an EAW as required by tqe EQB Rules; and
WHEREAS, the EAW was mailed to the Environmental Quality Board
(EQB); notice of availability of the EAW was published on
February 15, 1993 in the EQB monitor; a press release was given to
the Elk River Star News on February 2, 1993; and copies of the EAW
were supplied to all persons and agencies on the EQB official EAW
distribution list; and
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WHEREAS, the thirty day period under the EQB Rules for
4It submitting comments on the EAW expired on March 17, 1993, and
WHEREAS, comments have been received on the SAW from the
following persons and agencies; which comments are responded to as
follows:
1. The United States Department of the Army, Corps of
Engineers, by letter dated March 3, 1993, from Ben
Wopat, commenting that a department of the army permit
may be required because of the proximity of the Project
to a wetland basin.
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In response, the Developers have confirmed, by letter
dated April 27, 1993, from their consultant, John Bogart
of John Oliver & Associates, that an application will be
submitted at the appropriate time for a Department of
the Army permit.
The Minnesota Historical Society, by letter dated
March 5, 1993, from Britta L. Bloomberg, commenting that
there are no properties in the Project area that are
listed on the National Register of Historic Places or
included in the Minnesota Historical Society Inventory
and that there are no archaeological, historical or
architectural resources on or in proximity to the
Project site.
3. Citizens Who Care, by letter dated March 15, 1993, from
Rolfe S. Anderson, with the following three comments:
2.
a. The Project is not consistent with the City's
zoning ordinance and comprehensive land use map.
In response, the Project site was rezoned to
Planned Unit Development and the City's
comprehensive land use map amended to designate the
Project site for Highway Business uses by the Elk
River City Council on September 23, 1991 (with
respect to the northerly 17 acres), and June 15,
1992 (with respect to the remaining 33 acres). The
proper procedures were followed with respect to
these rezonings and property owners were notified
as required by state law and city ordinance.
b. The area will suffer gridlock due to increased
traffic, and an indirect source permit should be
completed.
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In response, the City Engineer has conducted a
traffic study which concludes that traffic on
surrounding streets can be managed with certain
improvements at key intersectiong. The Project
will require the issuance of a conditional use
permit for a planned unit development. It is
anticipated that on one condition of the PUD
approval will be a requirement that the Project
bear the cost of improvements to surrounding
streets and intersections to ensure that the
Project does not degrade levels of service at key
intersections. The most recent communication from
the Minnesota Department of Transportation,
District 3, a letter dated October 15, 1993 from
Anthony J. Kempenich, District Traffic Engineer,
indicates that traffic at the key intersection of
Highway 169 and School Street will be at an
acceptable level of service and that certain
improvements could be made to minimize impacts due
to increased traffic. The City will work with
MNDOT to identify potential improvements and
anticipates requiring the Project to bear the costs
of improvements necessary to ensure that the
Project does not degrade service levels at this and
other key intersections. An indirect source permit
(ISP) from the Minnesota Pollution Control Agency
(PCA) will be required for the Project. The PCA
will not act on an ISP until local governmental
approvals have been obtained. However, no building
permits can or will be issued until an indirect
source permit is obtained.
Requesting that an environmental impact statement
be prepared.
For the reasons set forth in this resolution, the
City has determined that an EIS is not necessary.
4. The Minnesota Department of Natural Resources, by letter
dated March 15, 1993, from Thomas W. Balcom, with the
following comments:
c.
a.
The Minnesota Natural Heritage data base identifies
a mixed oak forest within a mile of the Project.
In response, the mixed oak forest identified in the
Natural Heritage data base is located east of
Highway 169. Since preparation of the EAW the
Project has been reduced in size and revised to
eliminate any development on the east side of
Highway 169. The smaller project, located
entirely west of Highway 169, will not have any
impact on the oak forest identified in the Natural
Heritage data base.
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b.
The Project will have unacceptable impacts on
wetlands east of Highway 169.
In response, since preparation of the EAW, the
Project has been reduced in size and revised to
increase on-site ponding and reduce runoff to the
wetland identified in Mr. Balcom's letter, as
specifically addressed in a letter dated April 27,
1993, from the Developers consultant, John Oliver &
Associates, Inc., to the City. These changes in
the design of the Project, coupled with City
requirements which will be imposed in the course of
Planned Unit Development review and approval and
Corps of Engineers requirements imposed for a
wetland permit, will ensure protection of the
wetland area identified in Mr. Balcom's letter.
c. Erosion must be controlled during construction
activity.
5.
In response, erosion control will be implemented
according to the Minnesota Pollution Control
Agency's Best Management Practices Manual.
Minnesota Department of Health, by letter dated
March 17, 1993, from Judith A. Ball commenting on well
permits and uses.
In response, all requirements of Department of Health
will be met.
Minnesota Pollution Control Agency, by letter dated
March 19, 1993, from Paul Hoff, stating that the Project
does not have the potential for adverse environmental
impacts and that the peA does not recommend the
preparation of an environmental impact statement.
Mr. Hoff goes on to comment briefly on the issues of
noise, air quality and water quality.
In response, an indirect source permit will be required
before there is any construction activity on the
Project. Indirect source permit application materials,
and the permit itself, will thoroughly address all noise
and air quality issues. ~ response to comment number
4 above regarding water quality issues.
7. Minnesota Department of Transportation, by letter dated
April 12, 1993, from Gerald Larson, commenting that
MNDOT has no environmental comments on the Project.
6.
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WHEREAS, all comments received on the EAW have been responded
~ to appropriately by the Developers and the City as RGU; and
WHEREAS, the environmental review process mandated by the
Minnesota Environmental Policy Act and implemented through the
EQB Rules has been followed and this resolution shall be the
City's record of its compliance with the EQB rules and decision
in this matter; and
WHEREAS, the City, as RGU, shall order the preparation of an
EIS if the Project has the potential for significant
environmental effects; and
WHEREAS, in deciding whether a project has the potential for
significant environmental effects the City is to apply the
criteria set forth in Section 4410.1700 subpart 7 of the EQB
Rules;
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NOW, THEREFORE, BASED ON THE INFORMATION GATHERED DURING THE
EAW PROCESS, THE COMMENTS RECEIVED ON THE EAW AND THE RESPONSES
THERETO FROM THE DEVELOPERS AND THE CITY, AND THE NEW INFORMATION
ON THE PROPOSED PROJECT PRESENTED BY THE DEVELOPERS AT A PUBLIC
HEARING HELD ON OCTOBER 26, 1993, THE CITY COUNCIL OF THE CITY OF
ELK RIVER MAKES THE FOLLOWING FINDINGS OF FACT AND DECISION ON
THE NEED FOR AN EIS FOR THE ELK PARK CENTER PROJECT:
1. The only potential environmental effects of the
project relate to noise and air quality concerns as a
result of increased traffic; and surface water quality
as a result of increased surface water runoff.
2. The Project as presently proposed is over 100,000
square feet smaller than the Project analyzed in the
EAW. This reduction in size will significantly reduce
traffic and runoff.
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.
3.
The Project will require the issuance of a conditional
use permit for a planned unit development from the Elk
River City Council. As part of the PUD approval, it
is proposed that the Project will pay for the costs of
all off-site traffic improvements necessary to ensure
that the Project does not degrade the level of service
at affected intersections.
4. The Project will require an indirect source permit
from the Minnesota Pollution Control Agency. The PCA
will ensure that there will be no adverse noise or air
quality impacts before issuing an ISP..
5. Revised plans for the Project show increased on-site
ponding for sedimentation control and that all
drainage will be filtered through two ponds before
being released to any wetlands. This will ensure that
there will be no significant adverse effects on
wetlands. The City will also require that erosion
control implemented during construction according to
Best Management Practices.
6. The Project will require a wetlands permit from the
U.S. Army Corps of Engineers, which permitting process
will also ensure the protection of wetlands.
7.
For the reasons set forth in this resolution, the
Project does not have the potential for significant
environmental effects as defined in Section 4410.1700
subpart 7 of the BQB Rules. All potential
environmental effects have been identified in the BAW
and will be addressed in the PUD approval for the
Project and other state and federal permits required
for the Project.
8. Therefore, the Project does not require preparation of
an environmental impact statement.
The foregoing resolution was introduced by Council Member
and duly seconded by Council Member
The following voted in favor of the
Resolution:
following voted against:
The following were absent:
6.
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Whereupon the resolution is adopted.
4It Passed and adopted this 26th day of October, 1993.
Henry A. Duitsman, Mayor
Sandra Thackeray, City Clerk
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Fu: 612.5(4.&398
October 26, 1993
File: 230-152-10
The Honorable Mayor and City Council
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: Elk Park Center Feasibility Study
Dear Council Members:
At tonight's City Council Meeting, you will be considering the preliminary plat, conditional
use permit, and environmental assessment worksheet for the proposed Elk Park Center
development. If you act in the affirmative on these items, the Council should also consider
ordering a feasibility study for the project. The feasibility study would not only deal with
all the proposed internal improvements necessary to serve the site but also the improvements
to the existing infrastructure outside of the development. This would include Jackson
Avenue, School Street, Trunk Highway 169, and the school district property. Although the
feasibility study would discuss in detail each of the necessary improvements to serve the site
adequately, the main focus of the study would be the total cost of all these improvements and
the funding available to pay for them.
The developers of the proposed Elk Park Center project have submitted a valid petition to the
City requesting the feasibility study. Attached is a draft resolution which declares the
adequacy of the petition and orders the preparation of the feasibility study. We would
recommend City Council consider the adoption of this resolution contingent upon affrrmative
action on the other items on the agenda.
If you have any questions, I will be in attendance at this evening's meeting to answer them.
Sincerely,
MSA, CONSULTING ENGINEERS
~JJI!~
Terry J. Maurer, P.E.
TJM:ds
lS2-2604.0Cf
RESOLUTION 93 -
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A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION DECLARING THE ADEQUACY OF THE
PETITION FOR IMPROVEMENT AND ORDERING THE
PRELIMINARY FEASmILITY REPORT IN THE MATI'&<.
OF THE ELK PARK CENTER IMPROVEMENT OF 1993
WHEREAS the City has received a petition (the Petition) requesting that the City improve
certain property by the installation of City Utilities, City Streets and upgrade
of adjacent infrastructure (the improvement); and
WHEREAS the City has reviewed the Petition and identified the owner of the real property
abutting the streets named in the Petition and determined that the Petition has
been duly executed by the owners of not less than 35 % in frontage of the real
property abutting on the streets named in the Petition as the location of the
improvement;
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City'of Elk River,
Minnesota:
1. The Petition is hereby declared to have been signed by the owners of at least 35 % of
the frontage of the real property abutting on the streets named in the petition as the
location of the improvement. This declaration is made in conformity to Minnesota
Statutes, Section 429.035.
2. This Petition is hereby referred to Maier Stewart & Associates who is instructed to
provide to the City Council a report advising, in a preliminary way, whether the
proposed improvement is feasible and whether the improvement should thus be made
as proposed or in connection with some other improvement and the estimated cost of
the improvement as recommended.
Passed and adopted this 26 day of October, 1993.
Henry A. Duitsman, Mayor
ATIEST:
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Sandra A. Thackeray, City Clerk
lS2-2603.OCT
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In 1991 and 1992 the land subject to this application was zoned P.U.D.
and designated Highway Commercial on the comprehensive plan of the City of Elk
River. These actions established the permitted use of this land and allowed for
development of a shopping center on this site subject only to the very careful
review the City Council has under P.U.D. zoning to ensure a high quality
development.
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In reliance on this zoning, hundreds of thousands of dollars have been
spent by the developers to come up with the best possible plan for use of this piece of
property for the designated shopping center use given the parameters of market
demand, site features and the provisions of applicable Elk River ordinances. Kraus-
Anderson, the premier developer of shopping centers of this type, was only
interested in the project because it was zoned for the shopping center use. Many
hours have been spent with staff and Elk River's consultants to assure that all
conditions for granting of the P.U.D. permit are fully met. We would like to thank
the staff for their tough but fair critique, review and suggestions as to fine tuning
this plan to the finished product to be approved tonight. Special attention has been
given to assuring that the development meets in all respects the seven criteria for
granting conditional use permits and P.U.D. permits for property already approved
for shopping center development. It should be noted that the planning commission
unanimously and specifically found that all seven of these criteria were met and
indeed they are. The staff report to the City Council confirms this conclusion. Let
us review how this development meets these criteria.
1. The first criteria has to do with eliminating detrimental effects
on surrounding property and the neighborhood. All aspects of the shopping center
were carefully designed to achieve this goal. For example, the center and its focus
were all directed toward Highway 169, not the neighborhoods west of the project,
Freemont was extended through the projec~ to provide a new street contained in the
project to handle the bulk of the traffic serving the project, the developer has agreed
to abide by the City's feasibility study to handle increased traffic without a negative
impact on surrounding areas at the developer's expense, ponds (note that the pond
nearest the school is only 3 feet deep) have been fenced to assure protection for
school children, the school district has cooperated with the developer to buffer the
school area from the center and improve the existing ponding area. Kraus-
Anderson will cooperate with law enforcement officials as it does in all its shopping
center developments to assure that crime and criminal elements will be deterred
not promoted by this project. All in all, a quality development has been provided to
enhance rather than degrade the area. The developer has spent hundreds of hours
to make certain all of these concerns are met.
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.
2. The second criteria requires consistency with the comprehensive
plan. This was fully assured when the property ~as rezoned- and the property
designated highway commercial. There can be no question that this criteria is met.
3. The third criteria is met through infrastructure improvements,
road improvements and providing high quality commercial development for
serving existing and future development within the City of Elk River and beyond.
Completion of the project will, in fact, enhance and promote orderly development
and improvements of the surrounding vacant properties. This is a win win
situation.
4. The fourth criteria is met in that all essential infrastructure and
road improvements necessary for the project will be determined by the City's
feasibility study implemented for the project and paid for by the developer. In
addition, the careful design of the on-site ponds for the project will enhance the
quality of storm water leaving the site and thus improve the environment. The
project will improve traffic conditions by providing improvements which would
soon be necessary in any event to serve traffic projected to be generated by other
developments in the City of Elk River.
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5. Criteria 5 is met in that the shopping center has been planned as
a self-contained commercial development without noxious uses but rather.with
only high quality retail serving the essential needs of the community by providing
food, clothing and merchandise meeting the basic needs of the people of Elk River.
High quality commercial development is a very clean use.
6. Criteria 6 is met in that there are no natural, scenic or historic
features of major importance on the site. The existing uses are, in fact, greatly in
need of quality redevelopment which this development will provide. The
improvement of the ponds will enhance the natural amenities on the property. In
addition, as noted in the City staff report, the Minnesota Historical Society has
indicated that there are no historical or archeological features on this property
which need preserving.
7. Criteria 7 is met in that the development has been designed to
meet or exceed all standards of the City. The condition of the permit to provide for
individual detailed site review and a Planned Unit Development Agreement will
assure that the high quality designed into the project will continue throughout the
development and operation of the center. In addition, by acting as lead developer
on the project and by signing the Planned Unit Development Agreement, Kraus-
Anderson will assure the City that all approvals of the City and conditions of the
Development Agreement will be carried out by a company that has for over 50 years
met in a first class manner its obligations in hundreds of owned and constructed
developments. The City will have no concern in this area.
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A shopping center is permitted on ~is site. The present plan is a high
quality plan, the developer Kraus-Anderson is first class, and has gone the "extra
mile" to assure that the development meets or exceeds all City criteria. We
respectfully state that by virtue of meeting all of the criteria required for issuance of
the P.U.D. permit that under Minnesota Law the City has no alternative except to
approve the P.U.D. subject to this application. We thus respectfully request that the
P.D.D. approval unanimously recommended by the Planning Commission be
approved by the Council with the conditions recommended by the Planning
Commission as modified by the staff report to the City Council as to Condition #8.
In addition, we further request that the findings of the Planning Commission and
staff be made as findings of the City Council in support of the approval.
3
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We~ the citizen's of Elk RiYer~ are concerned about the
impacts of the proposed Elk Park Center at the location bordered
by Hi ghway 169 ~ School SL~ and Jackson Av. We hereby request
that an Environmental Impact Statement be completed
before any approval be given on the project.
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Name
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_ Well the cltjzen"s of Elk Riyerll are concerned about the
impacts of the proposed Elk Part Center at the location bordered
by Highway 16911 School St.1I and Jackson Av. We hereby request
that an Envjronmental Impact Statement be completed
bef ore any approyal be gj yen on the project.
Name
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We~ the citizen"s of Elk RjYer~ are concerned about the
impacts of the proposed Elk Park Center at the location bordered
by Highway 169~ School St.~ and Jackson AY. We hereby request
that an Environmental Impact Statement be completed
before any approval be given on the project.
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impacts of the proposed Elk Park Center at the location bordered
by Highway 169.. School St... and .Jackson Av. We hereby request
that an Environmental Impact Statement be completed
before any approval be given on the project.
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impacts of the proposed Elk Pork Center at the location bordered
by Highway 169.. School St., and Jackson Av. We hereby request
that an Envlronmental Impact Statement be completed
before any approval be given on the project.
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We. the citizen"s of Elk RiYer. are concerned about the
impacts of the proposed Elk Park Center at the location bordered
by Highway 169. School St.. and Jackson AY. We hereby request
that an Environmental Impact Statement be completed
before any approval be given on the project.
g1
ZK
Phone No.
~7
J ~'1I-'1d /
q6
ql
qt.---
0[;; IKA-J ~Z-A- r/ I
~1
. Wel the citizen"s of Elk River" ore concerned about the
impacts of the proposed Elk P8rk Center at the locatian bordered
by Highway 1691 SChool 5t_. and Jackson Av. We hereby request
that 8n EnYironmental Impact Statement be completed
before any approval be given on the project.
Address
IR #J.f7 IJbnvu Jf-
~
Phone No.
Lltjj -
\~c,fJ;5 ~LfCj-t.h~
i~; 1Y:'~:~
dVI- 9'';:;'/~
tft(/~7
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.
We.. the .clt1zen.s of Elk RiYer.. are concerned about the
Impacts of the propose.d Elk Park Center at the location bordered
by Highway 169.. School St... and ..Jackson Av. We hereby request
that an Environmental Impact Statement be completed
before any approval be given on the project.
.
Address
(t) 0
p)1
rbz'
103 ..
;:~i;~~~
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13~V,<"",O~.
Phone No.
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We~ the citizen"s of Elle: RjYer~ are concerned about the
impacts of the proposed Elle: Parle: Center at the location bordered
by Hi ghway 169 ~ School St_~ and Jacle:son Av. We hereby request
that an Environmental Impact Statement be completed
before any approval be given on the project.
Address Phone No.
/9 v;~o Ih It cG: ,.1/l/V BL tp,tI-S 712-
/ '-I 'I
/ ~~
lor
{ t; 1
J 01
/10
II f ,t
Ill- ~.-~!!.:.~
If' ;{/H/(t2/~ L/8kL
,
4''-( /-.2& I) 2
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We~ the cltlzen"s of Elk R1Yer~ are concerned about the
lmpacts of the proposed Elk Park Center at the location bordered
by Highway 169~ School St.~ and Jackson Av. We hereby request
that an Environmental Impact Statement be completed
before any approval be given on the project.
Name
Address
q t I ~ c:Jd(:~. /tV N tV
Phone No.
t.{C( ( -7 s-s<.c,
II Lf lli(""C-
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.
We6 the cltlzen"s of Elk Rlver6 are concerned about the
lmpacts of the proposed Elk Park Center at the location bordered
by Highway 1696 School St.6 and Jackson Av. We hereby request
that an Environmental Impact Statement be completed
before any approval be given on the project.
Name
Address
Phone No.
~~~
6~-6ST 0
/11/3 (9~../n; N IA/ E.R,
/o{;,si N - W. d-61 C,-{~
133 Mea.dOU}vo.. oo.d- E12
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We ~ the Cl t 1 zen"s of El k Rl ver ~ ore concerned about the
lmpacts of the proposed Elk Pork Center at the location bordered
by Highway 169~ School St.~ and Jackson Av. We hereby request
that an Environmental Impact Statement be completed
before any approval be given on the project.
e
Address
/~~_&.;;::,t2~:;z ~~~~
:55tJ ZYf, Sf: ~l/1-!L5d-~
I'-{ I"':, 3 d. ()) ~+ A....s, /Jvj '-(:;~ 7 S"'I
h'l I f ~,.
I
/ Id-IJ d I
/J of /
/'7 '-3 / /it4~if
t; -.1J/J
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BENSHOOF & ASSOCIATES, INC.
TRANSPORTATION ENGINEERS AND PLANNERS
7301 OHMS LANE, SUITE 5001 EDINA, MN 554391 (612) 832-98581 FAX {612) 832-9564
LIST OF GRAPHICS
FOR CITY COUNCIL MEETING ON
PROPOSED ELK PARK CENTER
CITY OF Elk RIVER
OCTOBER 26, 1993
A - Development Size/PM Peak Hour Trip Generation
B - Right Turn In/Out Connection To/From T.H. 169
C - Existing and Projected Traffic Volumes at T.H. 169/School Street
Intersection
D - level of Service Definitions
E - Volumes and level of Service at the T.H. 169/School Street
Intersection
e
F - Concept Plan Improvements for T.H. 169/School Street Intersection
G - Mn/DOT Findings Regarding T.H. 169/School Street Intersection
H - Elk Hills Dr./Dodge Ave. Intersection
I - Concept Plan Improvement for School Street Between T.H. 169 and
Freeport Avenue
J - Roadway Functional Classification (Elk River Comp Plan)
K - Comparison of Traffic Activity for Shopping Centers and Schools
l - Conceptual Roadway Improvements for School Street and Jackson
Avenue
M - Taco Bell Access To/From Jackson Avenue
N - T.H. 169/Jackson Ave. Intersection
o - level of Service Results for Seven Intersections Near the Proposed Elk
Park Center
P - Traffic Summary and Conclusions
e
PM PEAK HOUR TRIP GENERATION
Previous Plan Current
(MSA Report) Plan Size
Size (Sq. Ft.l JSq. F~) Difference
Total Trip Ends 3,765 3,299
Less Multipurpose -565 -495
Trips (15%)
---..---- --------
e Total Trips 3,200 2,804 -396
(-12%)
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EXISTING AND PROJECTED
TRAFFIC VOLUMES AT
T.H. 169/SCHOOL STREET
INTERSECTION
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SCHOOL STREET J! l
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117/270 --.t
133/219 )
112/220 =-+
L 51/96
( 117/266
r 52/66
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r--- EXISTING TRAFFIC VOLUMES, TUESDAY JULY 21,1992
I ~ PROJECTED 1997 POST DEVELOPMENT TRAFFIC VOLUMES
XXlXX
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. .,,,...,.., .
LEVEL OF SERVICE DEFINITIONS
RoAow A V SEGMENTS OR
CONTROLLED ACCESS
L.O.S. HIGHW A VS
A Free flow, tow
. traffic density.
.!= tr.e susl-k~
B Delay Is not unreasonable,
stable traffic flow.
t;,'-t~~ SIGS/veh
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Stable condition, movements
somewhat restricted due to
higher volumes, but hot
objectionable for motorists.
Movements more restricted,
queues and delays may occUr
during shod peaks, but
lower demands occur oHen
enough to permit dearing;
thus preventing excessive
backups.
Actual capacity of the
toadway involves delay
to all motorists due to
cOhgestlon.
Forced tiow with demand
volumes greater than
capacity resulting in
complete congestion.
Volumes drop to zero in
extreme cases.
INTERSECTIONS
No vehicle walts
longer than Ohe signal
indication.
On a tare occasion
motorists walt
through more than
one signal indica tion.
Intermlttentty drivers
wait through more than
one signal indication,
and occasionally backups
may develop behind left
turning vehldes,trafflc
flow still stable and
acceptable.
belays at Intersections
may become extensive
with some, espedally
left-turning vehicles
wai ting two or more
sighalindicaHons; but
enough cycles with tower
demand occUr to permit
periodic clearance, thus
preventing excessive
back-ups.
Very long queues may
create lengthy delays.
especiatly lor leU
turning Vehicles.
Backups from loca Hons '. .
downstream testrict or
prevent movement ot
vehicles out of approach
creating a storage atea
during part ot all ot
an hour.
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A 't)\i~~...J Dt!~'~,.J "f UVbA..J U"1ltw~.s
"....J AV'l-e;v,~ Sf'v~-t~ - .M~t.-t-to, ,.,1~.
S~V"(t. :
"A
.
TOTAL NUMBER
OF VEHICLES
ENTERING
INTERSECTION
DURING
IJ~EAK
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VOLUMES AND LEVEL OF SERVICE
AT THE T.H. 169/SCHOOL STREET
INTERSECTION
+40%
4655
(LOS D)
3754
(LOS D) + 107%
+67%
2247
(LOS C)
1992
EXISTING
CONDITION
1997
WITH
DEVELOPMENT
REASONABLE
ESTIMATED GROWTH
WITHIN LOS D
CAPACITY OPERATIONS
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CONCI:Pt PLAN _
IMPhbVEMI:NfSr=OR
1,H. 1G9/SCHOOl
Stf:lEl:t INtEhSEctloN
-.- - - - -.-- - _.- - --
-
_ LEl'flUAH I.<HI
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scHOOL STREET
.
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MN/DOT FINDINGS REGARDING
T.H. 169/SCHOOL STREET INTERSECTION
.
MSA and Benshoof traffic growth and trip generation
forecasts can be assumed to be realistic and credible
sources.
.
Summer Friday peak hour analyses indicated that Level of
Service E operations with the proposed improvements would
be acceptable for short periods of time.
There are other potential roadway improvements that could
be implemented to accommodate long-term future traffic
growth.
.
ELK HILLS tJlt./OOOGE AVE. .
INtERSECTION
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ELK RIVER
1990 POP, 11143
,.:
'" $
193.-0 ;!
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.
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ROADWAY FUNCTIONAL :)
CLASSIFICATION
(ELK RIVER COMP PLAN) (
Ii 115th
I I PRINCIPAL ARTERIALS z
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57. N.t. c I
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OTHER ARTERIALS ..
till. ..
~ , COLLECTORS !@
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COMPARISON OF TRAFFiC ACTIVITY
FOR SHOPPING CENTERS AND SCHOOLS
TRAFFIC ACTIVITY LEVEL
Early a.m.
Schools
Busy
Shopping Center
Light
Late a.m. to early p.m.
Light Busy
Busy Moderate
Light Moderate
Moderate! Busy
Mostly adult
traffic
Mid-afternoon
Late afternoon
Evening
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CONCEPTUAL ROADWAY IMPROVEMENTS FOR
SCHOOL STREET AND JACKSON AVENUE
School Street between Jackson Avenue and Freeport Avenue
- widening in the future after opening of development to
provide a two-way left turn lane
Jackson Avenue between T.H. 169 and School Street
- construct sidewalk on east side of Jackson Avenue
between T.H. 169 and School Street
- widening in the future after opening of development to
provide a left turn lane
e
Intersection of School Street and Jackson Avenue
- upgrade existing four-way stop sign control to traffic
signal control when volumes meet signal warrants
NOTE: Roadway improvements to School Street (Freeport to
Jackson) and Jackson Avenue would be phased to
relate to the opening ot the development. Feasibility
reports would address schedule for needed
improvements.
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r.H. 169/JACkSON AVE.
INTEttSECTION
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TRAFFIC SUMMARY AND CONCLUSIONS
.
Site plan refinements have been included to provide effective
internal traffic and parking operations.
.
The methodologies used for the traffic forecasts and
analyses in the traffic study report prepared by Maier
Stewart & Assoc., Inc. (MSA) are consistent with
transportation engineering industry practices and standards.
.
To effectively accommodate projected post-development
traffic volumes, an overall set of improvements to nearby
roadways has been recommended.
- Provide a right in/out access driveway to/from
T.H. 169.
- Add a second northbound left turn lane at the T.H.
169/School Street intersection.
- Widen School Street between T.H. 169 and Freeport
A venue
- Signalize Freeport Avenue/School Street intersection
and interconnect with existing T .H. 169 signal
- Improve Jackson Avenue between T.H. 169 and
Freeport Avenue