7.4. SR 09-19-1994
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AGENDA ITEM 7.4
MEMORANDUM
TO:
MAYOR AND CITY COUNCIL
STEVEN B. ACH, CITY PLANNER~
FROM:
DATE:
SEPTEMBER 19, 1994
SUBJECT: PRELIMINARY PLAT AND
CONDITIONAL USE PERMIT
REQUEST BY ELK RIVER
DEVELOPMENT INC., PUBLIC
HEARING, CASE NO. P 94-10 AND CU
94-30
ISSUE
Elk River Development Inc., is requesting preliminary plat and a conditional
use permit to develop a commercial PUD (Planned Unit Development).
. LOCATION
Northeast corner of Elk Hills Drive and US Highway 169
ZONING I LAND USE
PUD (Planned Unit Development) I HB (Highway Business)
ATTACHMENTS
Report to the Planning Commission dated August 23, 1994
OVERVIEW
Elk River Development Inc., is requesting a conditional use permit approving
a development plan for a commercial planned unit development on Outlot A,
Deerfield Third Addition. The development plan will be a guide for future
commercial development on the subject property.
The developer's proposal consists of four (4) free standing buildings with a
total of 29,687 square feet. Proposed uses include a mixture of retail, auto
.
P.O. Box 490 · 13065 Orono Parkway. Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
CC, Elk River Development
September 19, 1994
Page 2
.
repair, and a sit-down "Class I" restaurant. The actual square footage of
each of the uses is broken down as follows:
. Retail:
. Auto Repair:
. Restaurant:
18,800 square feet
4,512 square feet
6,375 square feet
TOTAL
29,787 square feet
BACKGROUND
In 1990, a commercial development was proposed for Outlot A. Tbe
development included a specialty food store, a sit-down restaurant, and a
bank with a drive-up window. In total, the project had 35,080 square feet of
commercial space. The Planning Commission and City Council discussed
issues relative to traffic, allowable uses, hours of operation, buffer to the
residential area, and road improvements to Dodge Avenue and Elk Hills
Drive. The proposal was approved by the Planning Commission and City
Council with the conditions addressing the issues stated above (see attached
minutes).
.
The project has never moved forward, therefore, the conditional use permit
and PUD Agreement (which was never executed) are no longer valid (see
attached PUD Agreement).
DEVELOPMENT PLAN I SITE PLAN APPROVAL
All PUD's (Planned Unit Development) are required to have a development
plan approved which outlines the general development of the site. The
development plan package also includes general descriptions on the
landscaping continuity, proposed building locations, overall square footage,
signage requirement, and other definable parameters for the overall
development of the subject site.
Prior to development of any portion of the PUD a site plan review, through
the conditional use permit process, is completed. This allows the Planning
Commission and City Council the opportunity to review those proposed site
plans to ensure that each element of the PUD is consistent with the overall
development plan.
.
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CC, Elk River Development
September 19, 1994
Page 3
.
ANALYSIS
At this time, the applicant is requesting approval of the overall development
plan and will pursue individual site plan reviews as perspective tenants
express interest in the site. Once again, this development plan will set the
foundation for future site plan reviews by the Planning Commission and City
Council.
Staff has examined the proposed development plan and reviewed the
following issues:
. Traffic
. Site Plan Design
. Proposed Uses/Hours of Operation
. Parking and Circulation
. Landscaping
. Building Elevation/Architecture
. Signage
.
Please refer to the attached Planning Commission report for a detailed
review of each of these items.
In general, the applicants have done a good job designing the site plan to
reduce issues that have been raised in the past regarding buffering to the
residential area, traffic on Dodge Street, and identifying compatible uses and
hours of operation. Staff believes one of the main issues to be resolved is the
traffic circulation problems with Dodge Avenue, Elk Hills Drive, and Dodge
Avenue to the south. At the August 29, 1994, City Council meeting, the City
Engineer was directed to begin studying necessary road improvements for
these identified corridors and extending the boundaries of that study as far
south as Main Street and north to 197th Avenue. To accommodate traffic
generated by this development as well as the surrounding residential and
commercial areas to the south of Elk Hills Drive, it will be important to
consider all the options for improving the intersection of Elk Hills Drive and
Dodge Avenue to accommodate the long term needs for traffic circulation in
this area as development east of Highway 169 continues.
PRELIMINARY PLAT
.
The preliminary plat consists of four (4) commercial lots. The lot lines have
been drawn to allow each site to be sold separately to each of the tenants as
well as each lot having adequate parking for that particular use. In the PUD
(Planned Unit Development) zone, lots sizes are required to be a minimum of
erdev.council
CC, Elk River Development
September 19, 1994
Page 4
.
.8 acres in size, therefore, Lot 2 will need to be increased in area. Also,
proper drainage and utility easements along with cross access, cross parking
agreements will need to be included with the plat approval.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission unanimously recommended approval of the
following:
A. Conditional Use Permit approving a commercial PUD (Planned Unit
Development) for Elk River Retail Center with the conditions outlined
in staffs report, with the following modification:
loc. Business Hours be limited to 7 a.m. to 10 p.m., Monday through
Sunday, and be subject to revisions at the time of site plan
approval.
B. Approval for preliminary plat to subdivide approximately six (6) acres
into four (4) commercial lots with the conditions as outlined in staffs
report, with the following modifications:
.
5.
A storm drainage fee in the amount of $600 per acre as adopted
by the City Council be paid prior to the release of fmal plat for
recording.
RECOMMENDATION
It is recommended the City Council approve the following, which includes the
Planning Commission's modified conditions:
A. CONDITIONAL USE PERMIT APPROVING A DEVELOPMENT PLAN FOR A
COMMERCIAL PUD (PLANNED UNIT DEVELOPMENT) WITH THE
FOLLOWING CONDITIONS:
1. A PUD (PLANNED UNIT DEVELOPMENT) AGREEMENT BE
PREPARED AND EXECUTED INCLUDING BUT NOT LIMITED TO
THE FOLLOWING STANDARDS:
B.
A TOTAL OF 29,680 SQUARE FEET OF BUILDING AREA BE
ALLOWED.
ALLOWABLE USES INCLUDE THE PROPOSED USES
SHOWN ON THE PLAN AND THOSE LISTED IN THE C2
ZONING DISTRICT.
BUSINESS HOURS BE LIMITED TO 9 AM TO 10 PM, MONDAY
THROUGH SUNDAY.
A.
.
C.
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CC, Elk River Development
September 19, 1994
Page 5
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D.
ALL OTHER ELEMENTS SHOWN ON THE PROPOSED SITE
PLAN BE INCLUDED AND MADE PART OF FUTURE
APPROVALS.
TERMS AND CONDITIONS FOR ADMINISTERING
DEVELOPMENT OF THE PUD .
E.
2. ALL FUTURE SITE PLAN PROPOSALS BE REVIEWED THROUGH
THE CONDITIONAL USE PERMIT PROCESS.
3. ALL COMMENTS WITHIN THE PLANNING COMMISSION REPORT
DATED AUGUST 23, 1994, AND TERRY MAURER'S MEMO DATED
AUGUST 18, 1994, BE INCORPORATED INTO THE DEVELOPMENT
PLAN AND APPROVAL OF THIS CONDITIONAL USE PERMIT.
4. GUIDELINES FOR SIGNAGE FOR THE PLANNED UNIT
DEVELOPMENT CONSIST OF:
ONE MONUMENT STYLE SIGN IDENTIFYING THE
DEVELOPMENT WITH A MAXIMUM HEIGHT OF TWENTY
(20) FEET AND A WIDTH OF FIFTEEN (15) FEET.
ONE MONUMENT STYLE SIGN IDENTIFYING THE
RESTAURANT WITH A MAXIMUM HEIGHT OF TEN (10)
FEET AND AREA OF ONE HUNDRED (100) SQUARE FEET.
WALL SIGNAGE CONSISTING OF INDIVIDUAL LETTERS
WITH A MAXIMUM LETTER HEIGHT OF THREE (3) FEET.
5. ACCESS POINTS OF THE DEVELOPMENT INCLUDE ONE AT 189TH
AVENUE AND ONE SOUTH OF THE SOUTHERLY HOME ON THE
EAST SIDE OF DODGE AVENUE AT A LOCATION APPROVED BY
CITY STAFF BASED ON FINAL IMPROVEMENT PLANS FOR
DODGE AVENUE.
.
A.
B.
C.
6. ALL PARKING AREAS BE BOUNDED BY B612 CONCRETE CURB
AND GUTTER.
7. EARTH BERMING BE MAXIMIZED ALONG THE EAST PORTION OF
THE SITE TO BUFFER THE COMMERCIAL FROM THE
RESIDENTIAL AREA.
8. THE LANDSCAPING PLAN INCLUDE A VARIETY OF LANDSCAPE
MATERIAL WITH AN EMPHASIS OF CONIFERS ALONG THE EAST
PORTION OF THE PROPERTY WITH A VARYING SIZE OF SIX TO
EIGHT (6-8) FEET. ALSO, ADDITIONAL LANDSCAPING BE
INCLUDED WITHIN THE LANDSCAPED AREA ALONG HIGHWAY
169.
9. A LANDSCAPING THEME BE ESTABLISHED AND INCORPORATED
INTO THE DEVELOPMENT.
.
10. THE EXISTING TREE AT THE SOUTH END OF THE SITE BE SAVED
AND INCORPORATED INTO THE DEVELOPMENT.
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CC, Elk River Development
September 19, 1994
Page 6
.
11. UNDERGROUND IRRIGATION BE UTILIZED THROUGHOUT THE
DEVELOPMENT.
12. PROPOSED BUILDINGS ESTABLISH ARCHITECTURAL
CONTINUITY AND ENHANCED TO MEET INTENT OF THE PUD
ZONING DISTRICT.
13. ALL DELIVERY AND SERVICE VEHICLES SHALL BE RESTRICTED
TO USING THE SOUTHERLY DRIVEWAY TO THE DEVELOPMENT.
B. PRELIMINARY PLAT TO SUBDIVIDE APPROXIMATELY SIX (6) ACRES
INTO FOUR (4) COMMERCIAL LOTS WITH THE FOLLOWING
CONDITIONS:
1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED
PRIOR TO RELEASE OF FINAL PLAT FOR RECORDING.
2. TERRY MAURER'S MEMO DATED AUGUST 18, 1994, BE
INCORPORATED AS PART OF THE APPROVAL FOR
PRELIMINARY PLAT.
3. THE DEVELOPER PAY FAIR SHARE OF ROAD IMPROVEMENTS
TO DODGE AVENUE AND ELK HILLS DRIVE BETWEEN DODGE
AND HIGHWAY 169.
.
4.
PAYMENT OF PARK DEDICATION IN THE AMOUNT REQUIRED BY
CITY ORDINANCE AT THE TIME OF FINAL PLAT APPROVAL.
5. A STORM DRAINAGE FEE IN THE AMOUNT OF $600 PER ACRE AS
ADOPTED BY CITY COUNCIL BE PAID PRIOR TO THE RELEASE
OF FINAL PLAT FOR RECORDING.
6. DEVELOPER CONSTRUCT A SIX (6) FOOT WIDE CONCRETE
SIDEWALK ALONG THE WEST SIDE OF DODGE AVENUE FROM
THE INTERSECTION OF ELK HILLS DRIVE TO THE NORTHERLY
LIMITS OF THE PROPOSED DEVELOPMENT.
7. NECESSARY ROAD IMPROVEMENTS TO DODGE AND ELK HILLS
DRIVE BE COMPLETED PRIOR TO OCCUPANCY OF ANY
BUILDINGS WITHIN THE PLANNED UNIT DEVELOPMENT.
8. CROSS ACCESS/CROSS PARKING AGREEMENTS BE PREPARED
AND REVIEWED BY THE CITY PRIOR TO RELEASING THE FINAL
PLAT FOR RECORDING.
9. NECESSARY DRAINAGE AND UTILITY EASEMENTS BE INCLUDED
ON THE PLAT ALLOWING PUBLIC UTILITIES TO BE INSTALLED
TO SERVE THE PROPOSED DEVELOPMENT.
.
10.
STREET LIGHTS BE INSTALLED AS REQUESTED BY ELK RIVER
UTILITIES. THESE LIGHTS SHALL BE PAID FOR BY THE
DEVELOPERS.
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/ 1IDA ITEM 5.4
MEMORANDUM
@@/Pp
TO:
PLANNING COMMISSION
STEVEN B. ACH, CITY PLANNER4~
AUGUST 23, 1994
FROM:
DATE:
SUBJECT: PRELIMINARY PLAT AND
CONDITIONAL USE PERMIT BY ELK
RIVER DEVELOPMENT, INC., PUBLIC
HEARING, CASE NO. P 94-10 & CU 94-30
REQUEST
Elk River Development is requesting a preliminary plat and conditional use
permit to develop a commercial planned unit development.
LOCATION
. Northeast corner of Elk Hills Drive and US Highway 169
ZONING I LAND USE
PUD (planned Uriit Development) / HB (Highway Business)
ATTACHMENTS
Location Map, Zoning Map, Memo from Terry Maurer, Development Plans,
Narrative of Proposed PUD, Traffic Study, Minutes from previous Planning
Commission and City Council meetings, Previous PUD Agreement
OVERVIEW
Elk River Development Inc., is requesting a conditional use permit approving
a development plan for a commercial planned unit development on Outlot A,
Deerfield Third Addition. The development plan will be a guide for future
development and uses on the subject property.
.
The developer's proposal consists of four (4) free standing buildings with a
total of 29,687 square feet. Proposed uses include a mixture of retail, auto
repair, and a sit-down "Class I" restaurant. The actual square footage of
each of the uses is broken down as follows:
P.O. Box 490 . 13065 Orono Parkway. Elk River, MN 55330 . (612) 441-7420 . Fax: (612) 441-7425
Elk River Development
August 23, 1994
Page 2
.
. Retail:
. Auto Repair:
. Restaurant:
18,800 square feet
4,512 square feet
6,375 square feet
TOTAL
29,787 square feet
BACKGROUND
In 1990, a commercial development was proposed for Outlot A. The
development included a specialty food store, a sit-down restaurant, and a
bank with a drive-up window. In total, the project had 35,080 square feet of
commercial space. The Planning Commission and City Council discussed
issues relative to traffic, allowable uses, hours of operation, buffer to the
residential area, and road improvements to Dodge Avenue and Elk Hills
Drive. The proposal was approved by the Planning Commission and City
Council with the conditions addressing the issues stated above (see attached
minutes).
.
The project has never moved forward, therefore, the conditional use permit
and PUD Agreement (which was never executed) are no longer valid (see
attached PUD Agreement).
DEVELOPMENT PLAN
The first step in the PUD process is to consider a development plan for the
entire project. This plan is the guide for future applications and proposed
site plans. The development plan package includes information relative to
the general site plan, square footage of the buildings, landscaping, setbacks,
and other definable parameters for development of this site. All of these
standards and guidelines are incorporated into the PUD Agreement and
made part of the Developers Agreement for development of the subject
property.
SITE PLAN APPROVAL
.
Each phase of the PUD will require site plan review through the conditional
use permit process. The Planning Commission and City Council will conduct
public hearings to review each site plan to examine in detail each proposal
and ensure the site plan is consistent with the approved Development Plan
and the intent of the PUD (Planned Unit Development).
erdevel. doc
Elk River Development
August 23, 1994
Page 3
.
The applicants are not requesting site plan approval for the first phase at
this time. An application will be submitted at a later date when a specific
tenant has been identified.
ANALYSIS
. Traffic
The development presented to the City in 1990 raised considerable
amount of discussion regarding Dodge Avenue and Elk Hills Drive. At
that time, staffs recommendation was to have Dodge Street improved,
along with Elk Hills Drive, to a condition that can adequately handle
the additional traffic generated by the commercial development. That
same situation applies' today with the commercial development
proposed for Outlot A, Deerfield Third Addition.
.
In the attached memo from Terry Maurer, the conditions of Dodge
Street and Elk Hills Drive are discussed. With this development
proposal, it is anticipated that the issue of upgrading Elk Hills Drive
and Dodge Avenue will need to take place to accommodate the
projected vehicle trips for this area. Furthermore, it may be
appropriate that the City Council consider an improvement project
including Dodge Avenue, both north and south of Elk Hills Drive, and
Elk Hills Drive between US Highway 169 to accommodate future
residential and commercial growth projections and additional traffic.
. Site Plan
The site plan has been designed to orient the development towards
Highway 169 and away from the residential area to the east. Four (4)
free standing buildings with a total of 29,687 square feet is proposed,
which is approximately 5,300 square feet less than the commercial
project proposed in 1990.
.
Uses l Hours of Operation
.
Three (3) land uses are proposed: general/service retail, auto repair, and
a sit-down restaurant. The auto repair and restaurant use are not
consistent with the previous approval in 1990, however, the retail
element is consistent. Given the proximity of this commercial area to
the residential to the east, uses and business hours that are compatible
with the residential area will need to be considered.
erdeveLdoc
Elk River Development
August 23, 1994
Page 4
.
Visually, as illustrated in the landscape plan, this site can be buffered
from the residential area. The two areas which are more difficult to
control is traffic on Dodge Avenue and hours of operation. In terms of
traffic, the auto repair and restaurant generate the highest number of
vehicle trips per 1,000 square feet of building area. Therefore, these two
uses have been shifted to the southern portion of the site where
customers will use the southern access and not travel further north on
Dodge Avenue. This will certainly assist in reducing the mixing of
commercial and residential traffic on Dodge Avenue.
In terms of hours of operation, the previous approval limited business
hours to 9 a.m. to 10 p.m. The developers have not identified whether
these hou:rs are acceptable or not.
.
Parkine: and Circulation
.
Two access drives off of Dodge Avenue serve the development. The
northerly access aligns with 189th Avenue, creating a typical
intersection condition. This allows for safe turning movements to occur
and in the event stop signs are to be installed, a typical four-way stop
could be created.
The southerly access should be the most commonly used access drive to
the site. Therefore, the location of this driveway is critical to reduce
commercial traffic from infringing upon the residential area. It is
recommended the southerly access be shifted to a location south of the
first home that fronts onto Dodge Avenue. The realignment of this
driveway will depend upon the improvements and any realignment to
Dodge Avenue.
The proposed development has adequate parking to
requirements. If additional parking is necessary,
opportunities on site to add parking stalls.
meet City
there are
.
Landscaoine:
.
The proposed landscape plan includes a variety of plant material
throughout the development. Large groupings of shrubs, overstory and
conifers are concentrated within the fifty (50) foot buffer area along the
east side of the site. This buffer area also has a berm that is
approximately five to six (5-6) feet above Dodge Avenue and varying
between six and ten (6-10) feet above the parking lot to the west.
erdevel.doc
Elk River Developlli~nt
August 23, 1994
Page 5
~-----_..._-_._---------------._.
.
Planned Unit Developments typically establish a theme or some
continuity in the landscaping. Staff will work with the developer's
landscape architect to establish a common species or identifiable
feature that can be carried throughout the project. Because this PUD
has a small area the "theme" may not be as pronounced as Elk Park
Center, which covers a larger area and is repeated throughout the fifty
(50) acres.
Staff recommends the conifers proposed within the fifty (50) foot buffer
area vary in size with a minimum of six to eight (6-8) feet in height.
This will assist in provide immediate screening to the east and
establish some variation to the landscaping. Also, there should be
some additional landscaping included within the landscaped setback
along Highway 169. .
.
Building Elevations L Architecture
.
The proposed buildings consist of a combination of stucco, rock faced
block, glass, and a fabric canopy. Staff recommends that an
architectural element be consistent throughout the development and
be incorporated with each of the buildings. Also, it is recommended
further consideration be given to enhancing the architectural
appearance of each of the buildings. One way this may be
accomplished is varying the roof line or providing relief on the building
facade.
Rooftop equipment should be screened from public view. The most
effective means of establishing this is with a parapet wall around the
building.
.
Signage
.
Signage is an element of a planned unit development that can
establish continuity throughout the project. As the Planning
Commission and City Council have approved for previous PUD's and
most recently, typical commercial projects, one monument style sign
identifying the shopping center will be permitted along with wall
signage consisting of individual letters. Staff recommends that one
monument style sign with a maximum height of ten (10) feet and area
of 100 square feet be allowed for the restaurant on the south end of the
site. Furthermore, because of the proximity of the residential to the
east, no signage will be allowed on the east elevations of any of the
buildings or along Dodge Avenue.
erdevel.doc
.
.
.
Elk River Development
August 23, 1994
Page 6
PRELIMINARY PLAT
The preliminary plat consists of four (4) commercial lots. The lot lines have
been drawn to allow each site to be sold separately to each of the tenants as
well as each lot having adequate parking for that particular use. In the PUD
(planned Unit Development) zone, lots sizes are required to be a minimum of
.8 acres in size, therefore, Lot 2 will need to be increased in area. Also,
proper drainage and utility easements along with cross access, cross parking
agreements will need to be included with the plat approval.
RECOMMENDATION
,
It is recommended the Planning Commission recommend approval of the
following:
A. CONDITIONAL USE PERMIT APPROVING A COMMERCIAL
PUD (PLANNED UNIT DEVELOPMENT) FOR ELK RIVER
RETAIL CENTER WITH THE FOLLOWING CONDITIONS:
1.
A PUD (PLANNED UNIT DEVELOPMENT) AGREEMENT BE
PREPARED AND EXECUTED INCLUDING BUT NOT LIMITED TO
THE FOLLOWING STANDARDS:
A. A TOTAL OF 29,680 SQUARE FEET OF BUILDING AREA BE
ALLOWED.
B. ALLOWABLE USES INCLUDE THE PROPOSED USES
SHOWN ON THE PLAN AND THOSE LISTED IN THE C2
ZONING DISTRICT.
C. BUSINESS HOURS BE LIMITED TO 9 AM TO 10 PM, MONDAY
THROUGH SUNDAY.
D. ALL OTHER ELEMENTS SHOWN ON THE PROPOSED SITE
PLAN BE INCLUDED AND MADE PART OF FUTURE
APPROVALS.
E. TERMS AND CONDITIONS FOR ADMINISTERING
DEVELOPMENTOFTHEPUD.
2. ALL FUTURE SITE PLAN PROPOSALS BE REVIEWED THROUGH
THE CONDITIONAL USE PERMIT PROCESS.
3. ALL COMMENTS WITHIN THIS MEMO AND TERRY MAURER'S
MEMO DATED AUGUST 18, 1994, BE INCORPORATED INTO THE
DEVELOPMENT PLAN AND APPROVAL OF THIS CONDITIONAL
USE PERMIT.
4.
GUIDELINES FOR SIGNAGE FOR THE PLANNED UNIT
DEVELOPMENT CONSIST OF:
erdevel.doc
Elk River Developl._~nt
August 23, 1994
Page 7
---~._-_._-----------------------
.
ONE MONUMENT STYLE SIGN IDENTIFYING THE
DEVELOPMENT WITH A MAXIMUM HEIGHT OF TWENTY
(20) FEET AND A WIDTH OF FIFTEEN (15) FEET.
ONE MONUMENT STYLE SIGN IDENTIFYING THE
RESTAURANT WITH A MAXIMUM HEIGHT OF TEN (10)
FEET AND AREA OF ONE HUNDRED (100) SQUARE FEET.
WALL SIGNAGE CONSISTING OF INDIVIDUAL LETTERS
WITH A MAXIMUM LETTER HEIGHT OF THREE (3) FEET.
5. ACCESS POINTS OF THE DEVELOPMENT INCLUDE ONE AT 189TH
AVENUE AND ONE SOUTH OF THE SOUTHERLY HOME ON THE
EAST SIDE OF DODGE AVENUE AT A LOCATION APPROVED BY
CITY STAFF BASED ON FINAL IMPROVEMENT PLANS FOR
DODGE AVENUE.
B.
A.
C.
6. ALL PARKING AREAS BE BOUNDED BY B612 CONCRETE CURB
AND GUTTER.
7. EARTH BERMING BE MAXIMIZED ALONG THE EAST PORTION OF
THE SITE TO BUFFER THE COMMERCIAL FROM THE
RESIDENTIAL AREA.
8.
THE LANDSCAPING PLAN INCLUDE A VARIETY OF LANDSCAPE
MATERIAL WITH AN EMPHASIS OF CONIFERS ALONG THE EAST
PORTION OF THE PROPERTY WITH A VARYING SIZE OF SIX TO
EIGHT (6-8) FEET. ALSO, ADDITIONAL LANDSCAPING BE
INCLUDED WITHIN THE LANDSCAPED AREA ALONG HIGHWAY
169.
.
9. A LANDSCAPING THEME BE ESTABLISHED AND INCORPORATED
INTO THE DEVELOPMENT.
10. THE EXISTING TREE AT THE SOUTH END OF THE SITE BE SAVED
AND INCORPORATED INTO THE DEVELOPMENT.
11. UNDERGROUND IRRIGATION BE UTILIZED THROUGHOUT THE
DEVELOPMENT.
12. PROPOSED BUILDINGS ESTABLISH ARCHITECTURAL
CONTINUITY AND ENHANCED TO MEET INTENT OF THE PUD
ZONING DISTRICT.
13. ALL DELIVERY AND SERVICE VEHICLES SHALL BE RESTRICTED
TO USING THE SOUTHERLY DRIVEWAY TO THE DEVELOPMENT.
B. APPROVAL FOR PRELIMINARY PLAT TO SUBDIVIDE
APPROXIMATELY SIX (6) ACRES INTO FOUR (4)
COMMERCIAL LOTS WITH THE FOLLOWING CONDITIONS:
.
erdevel.doc
.
.
.
Elk River Development
August 23, 1994
Page 8
1.
A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED
PRIOR TO FINAL PLAT APPROVAL.
2. TERRY MAURER'S MEMO DATED AUGUST 18, 1994, BE
INCORPORATED AS PART OF THE APPROVAL FOR
PRELIMINARY PLAT.
3. THE DEVELOPER PAY FAIR SHARE OF ROAD IMPROVEMENTS
TO DODGE AVENUE AND ELK HILLS DRIVE BETWEEN DODGE
AND HIGHWAY 169.
4. PAYMENT OF PARK DEDICATION IN THE AMOUNT REQUIRED BY
CITY ORDINANCE AT THE TIME OF FINAL PLAT APPROVAL.
5. A STORM DRAINAGE FEE IN THE AMOUNT OF $600 PER ACRE BE
PAID PRIOR TO THE RELEASE OF FINAL PLAT FOR RECORDING.
6. DEVELOPER CONSTRUCT A SIX (6) FOOT WIDE CONCRETE
SIDEWALK ALONG THE WEST SIDE OF DODGE AVENUE FROM
THE INTERSECTION OF ELK HILLS DRIVE TO THE NORTHERLY
LIMITS OF THE PROPOSED DEVELOPMENT.
NECESSARY ROAD IMPROVEMENTS TO DODGE AND ELK HILLS
DRIVE BE COMPLETED PRIOR TO OCCUPANCY OF ANY
BUILDINGS WITHIN THE PLANNED UNIT DEVELOPMENT.
8. CROSS ACCESS/CROSS PARKING AGREEMENTS BE PREPARED
AND REVIEWED BY THE CITY PRIOR TO RELEASING THE FINAL
PLAT FOR RECORDING.
7.
9. NECESSARY DRAINAGE AND UTILITY EASEMENTS BE INCLUDED
ON THE PLAT ALLOWING PUBLIC UTILITIES TO BE INSTALLED
TO SERVE THE PROPOSED DEVELOPMENT.
10. STREET LIGHTS BE INSTALLED AS REQUESTED BY ELK RIVER
UTILITIES. THESE LIGHTS SHALL BE PAID FOR BY THE
DEVELOPERS.
erdevel.doc
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CIVil ENGINEERING:
fNVJWNMfNTAI
MUNICIPAl
PLANNING
STRUCTURAl
. SURVEYING
TiAfflC
TlANSPOiTATlON
1326 Energy Parle Dr..
51. Paul, MN 55108
612-6.lH389
Fox: 612.644-9446
.'800 5h~ord Parkway
Minneapolis, MN 55441
612..546.Q432
Fox: 612.544.6398
-
August 18, 1994
File: 230-245-11
Mr. Steve Ach
City Planner
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
RE: ELK RIVER RETAIL CENTER
SITE PLAN REVIEW
Dear Mr. Ach:
As requested, we have reviewed the package of information submitted for the proposed Elk
River Retail Center. The site is on the northeast corner of TH 169 and Elk Hills Drive.
Based on our review, we would offer the following comments:
A.
SUBMITTAL
The information reviewed consisted of a site plan, grading and utilities plan,
landscape plan, and site lighting plan prepared by Cluts O'Brien Strother Architects
and were dated July 27, 1994. Also submitted was a traffic analysis prepared by
Benshoof and Associates, Inc., dated August 4, 1994.
B.
TRAmc
The proposed development consists of a restaurant of approximately 6,400 square
feet, an auto service business of approximately 4,500 square feet, and two retail
buildings totaling 18,800 square feet. Based on the traffic report, the total amount
of traffic expected to be generated in a 24-hour period is 2,652 trips. The PM peak
hour traffic is expected to total approximately 239 trips. The traffic analysis
concludes that a right turn lane should be added to southbound Dodge Avenue as it
approaches Elk Hills Drive and also that the intersection of Elk Hills Drive and
Dodge Avenue should be converted to a 4-way stop condition. We would disagree
with this conclusion at this point, based on the fact that we do not believe there is
enough information to come to this conclusion.
2301245-1807,"'g
.
Mr. Steve Ach
August 18, 1994
Page Two
First of all, a queuing analysis has not been performed. We would be concerned with
a 4-way stop and the ability of traffic to back up between Dodge A venue and TH 169
in an eastbound fashion. Also, the traffic analysis obviously is only concerned with
the proposed development. As you recall, the Elk Park Center traffic analysis took
a preliminary look at this intersection and recommended Dodge Avenue from the
south be the major movement curving to Elk Hills Drive with Dodge Avenue from
the north teeing into this alignment. We would suggest that, prior to making any
decisions about external street improvements, a further traffic analysis be undertaken
which would include analyzing the proposed traffic from this site, the existing traffic
from the commercial area to the south, and the potential for all the residential traffic
in the area. As .with the Elk Park Center development, we would see this as.a City
initiated concurrent study which could be done at the same time that this proposal is
working its way through the Planning Commission and City Council in a preliminary
fashion.
C.
DRAINAGE
.
The grading and utility plan shows storm drainage from the site sheeting in a
southwesterly fashion with a storm sewer pipe system along the west edge of the
development leading to a pond at the south end. Currently, there is no good outlet
for this pond area other than the highway ditch system. The pond as laid out shows
a certain amount of storage internal with the emergency overflow that would use the
highway system. To date, we have received no specific drainage calculations;
however, we have asked for those to be submitted. We would envision that in the
future this type of arrangement would work quite well with the City's Comprehensive
Drainage Plan which calls for an outlet along TH 169 from approximately 193rd all
the way to the river. This pond could easily be tied into that outlet in the future.
The grading plan of the overall site is quite general in nature. We believe when
specific lots provide detailed information that the grading plan may change slightly.
For instance, we believe that it may be inappropriate to have the drainage flow along
the curb line in front of the restaurant facility, where it may be better to create a V-
gutter through the driving lane and convey the water in the traffic patterns rather than
in the pedestrian patterns. The same would be true in some of the other parking areas
where it may be appropriate to extend catch basins out and create intermittent lows
to collect the runoff. These types of issues could be better addressed on the specific
site plan review for each of the four lots.
D.
UTILITIES
.
There are existing sanitary sewer and watermain along the west and north sides of
this site. The plan shows that the watermain would be looped through the site
providing services to each site, individual building pads, and hydrants periodically
23012.45.1807..aug
.
Mr. Steve Ach
August 18, 1994
Page Three
throughout the parking area. The same is true with sanitary sewer being extended
into the site from the line along the west property line. We believe that this is an
adequate utility service plan.
E, MISCELLANEOUS
. Glenn Sundeen from the Elk River Municipal Utilities has indicated a need
for utility easements around the perimeter of the site and on the lot line
between the auto and retail sites.
. A traffic analysis, as discussed previously, would also identify whether or J;lot
there is a need for a 4-way stop at 189th and Dodge Avenue, which is the
northerly entrance and exit from the proposed site.
· A sidewalk should be provided along Dodge Avenue adjacent to the project
site.
.
If you have any questions or comments regarding any of these issues, please call.
Sincerely,
MSA, CONSULTING ENGINEERS
T~~
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.
230/245-1807.aug
.
.
.
PLANNED UNIT DEVELOPMENT PROPOSAL FOR ELK RIVER RETAIL CENrER
1.
Statement of reasons why the PUD is in the public interest.
A. Designation of this property as PUD allows the flexibiliry to consolidate the
parking within the interior of the site along Highway 169. Open space at the
eXterior of the site is maximized providing PUD neighbors with an attractive
landscape buffer to the retail development.
2. Proposed development schedule
A. Lots will be individually sold and developed once preliminary plat and PUD
are approved. Earliest construction would begin in fall of 1994.
3. Screening
A. Mechanical equipment shall be screened either by building parapet or by a
screen constructed of materials compatible with building materials.
B. Trash and outdoor storage areas shall be screened from adjacent differing
land uses and public roads. Screening may consist of berms, walls, fences,
shrubs, compact evergreen trees or dense deciduous hedge 6' in height.
4.
Signage
A. Two freestanding development identification signs shall be provided at
locations shown on site plan.
1. Signs shall be a maximum of thirty (30) feet high and fifteen (15)
feet wide. The number of tenants allowed on this sign shall be three
(3).
2. See attachment A for sketch of proposed sign.
B. Wall signage for freestanding buildings shall consist of one (1) wall sign for
each principal building.
1. Signs shall consist of individual letters.
2. Gross surlace area of sign shall not exceed ten (10) percent of area of
building wall to which sign is attached.
c.
Wall signage for multi-tenant buildings shall be for individual store identiry
only.
1.
2.
Capital letters shall be no larger than 36" high, lower case letters shall
be no larger than 24" high. Signs shall be centered over the entrance
doors to the tenant space.
Signs shall be internally illuminated, individual letters placed on a 4"
square electrical raceway, painted to match the building.
.
.>
.
3.
No signage shall be pennitted on the east side of the buildings, or the
north side of the multi-tenant building on Lot 4, other than that
required for delivery identification or traffic control.
Attachment B illustrates a typical wall sign.
4.
S. Site lighting
A Site lighting shall be as shown on site lighting plan utilizing the fixtures
shown on attachment C and D.
6. Schedule of drawings
A Following is the list of drawings submitted:
1. Site Plan
. 2. Grading/Utilities Plan
3. . Landscape Plan
4. Site Lighting
S. Preliminary Plat Plan
6. Site Sections
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, ,
BENSHOOF & ASSOCIATES; INC.
TRANSPORTATION ENGINEERS AND PLANNERS
7301 OHMS LANE, SUITE 500/ EDINA, MN 55439/ (612) 832-9858/ FAX (612) 832-9564
.w
August 4, 1994
REFER TO FILE:
94-28
MEMORANDUM
TO: Dan O'Brien <:0. /~
--,.:\\.) EF.
FROM: James A. Benshoof and Edward F. Terhaar
RE: Results of Traffic Analysis for Proposed Elk River Retail Center
. PURPOSE
.
The purpose of this memorandum is to present the traffic analysis results for a proposed
retail center in the City of Elk River, MN.
The traffic analysis and results presented in this memorandum are organized as follows:
1) Backg:round Information. This includes development characteristics and roadway
and traffic information.
2) Traffic Forecasts. Daily and p.m. peak hour traffic forecasts were developed
based on pertinent background information and on trip generation figures for a
post- deve10pmentcondition.
3) Traffic Analysis. The ability of the roadway system to effectively accommodate
the projected post-development traffic volumes was analyzed and reviewed for any
potential difficulties.
4) Conclusions.
BACKGROUND INFORMATION
Proiect Information
The proposed development is to be located on Dodge Ave. north of Elk Rills Dr. and
east of T.R. 169, as shown in Figure 1. The development is expected to consist of a
family restaurant (6,375 sq. ft.), an auto service related use (4,512 sq. ft.), and two
general retail uses (8,000 sq. ft. and 10,800 sq.ft.). All access will be on Dodge Ave.
along the east side of the development.
Existinl! Conditions
.
Currently, Dodge Ave. serves as a two-way frontage road on the east side ofT.H. 169
and extends between 192nd Ave. on the north and 5th St. on the south. Along the site
frontage, Dodge Ave. presently is 30 feet wide with low bituminous curbs. Elk Hills
Dr. is also a two lane, two way roadway serving mainly residential uses and also serves
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CLUTS, O'BRIEN, STROTHER
ARCHITECTS, INC.
\Xi BENSHOOF & ASSOCIATES,INC.
U TRAHSPORTATJONEttGftlEEflSANDPlANHERS
TRAFFIC STUDY
FOR ELK RIVER
RETAIL CENTER
FIGURE 1
PROJECT LOCATION
"\
Mr. Dan O'Brien
-3-
August 4, 1994
.
the area's main access to T.H. 169. The Dodge Ave.lElk Hills Dr. intersection
consists of stop sign control of Dodge Ave., with one Jane approaches on all legs
except for eastbound Elk Hills Dr., which has a separate right turn lane. A 24 hour
traffic count taken on Tuesday, July 26, 1994 by Benshoof & Associates, Inc. showed
approximately 3,310 vehicles per day use Dodge Ave. north of Elk Hills Dr.
TRAFFIC FORECASTS
Trip Generation
.
Utilizing results from local traffic studies and data published by the Institute of
Transportation Engineers, trip generation rates were established for uses in the
proposed new development.
Next, it is important to classify trips to and from the development in terms of the
following two categories:
New trips - These are trips solely to and from the proposed development.
. Passby trips - These are existing "through" trips on T.R. 169 that in the future
will include a stop at the proposed development.
Based on our experiences for these types of retail uses and information published by the
Institute of Transportation Engineers, we estimate that approximately 80 percent of the
trips generated by the development would be new, while 20 percent would be
considered passby. To account for multi-purpose trips, or trips that would make stops
at more than one of the businesses in the development, a five percent reduction factor
was applied to the overall trip generation.
Table 1 shows the p.m. peak hour trip generation and Table 2 shows the daily trip
generation for the proposed development.
TABLE 1
P.M PEAK HOUR TRIP GENERATION PROJECTIONS FOR
ELK RIVER RETAIL CENTER
Trip New Passby
Size Generation Ratel Trip Ends2 Trip Ends2
Use (Sa.Ft.) In Out In Out In Out
Family Restaurant 6,375 8.78 7.48 42 36 II 9
Auto Service 4,512 3.68 3.68 13 13 3 3
Retail 8,000 2.96 3.15 18 19 4 5
Retail 10,800 2.96 3.15 24 26 6 7
Totals 97 94 24 24
1 Trip Ends per 1,000 sq. ft.
2 Includes 5 % reduction for multi-purpose trips
.
Mr. Dan O'Brien
-4-
.
August 4, 1994
TABLE 2
DAILY TRIP GENERATION PROJECTIONS FOR
ELK RIVER RETAIL CENTER
Totals
1 Trip Ends per 1,000 sq. ft.
2 Includes 5 % reduction for multi-purpose trips
Trip Distribution and Assiltnment
The top half of Figure 2 shows the trip distribution percentages for new trips. These
percentages are based on the expected distribution used in other similar projects in the
area, including the Elk Park Center development. The bottom half of Figure 2 shows
the expected trip distribution percentages for the passby trips, which are based on
current directional traffic volumes on T.H. 169. Utilizing the trip generation and trip
distribution previously discussed, trips to and from the development were assigned to
the roadway system.
Use
Size
(Sa.Ft.)
6,375
4,512
8,000
10,800
Trip
Generation Rate1
In Out
Family Restaurant
Auto Service
Retail
Retail
102.68 102.68
36.96 36.96
30.55 30.55
30.55 30.55
.
Traffic Volumes
New
Trip Ends2
In Out
Passby
Trip Ends2
In Out
497
127
186
251
497
127
186
251
124 124
32 32
46 46
63 63
265 265
1061 1061
Traffic volumes were developed for three scenarios: 1) 1994 existing, 2) 1996 without
the proposed development and 3) 1996 with the proposed development. Under both
1996 scenarios, it was assumed that two thirds of the Elk Park Center development was
occupied and therefore contributing traffic to the surrounding streets.
P.M. peak hour traffic volumes at the Elk Hill Dr./T.H. 169 intersection are based on
traffic forecasts for the Elk Park Center development. From these forecasts, 1994
existing and 1996 base volumes without the development were determined. The
expected p.m. peak hour trips generated by the proposed development were then added
to the 1996 base volumes, resulting in 1996 post-development volumes. These
volumes are shown in the top half of Figure 3.
P.M. peak hour traffic volumes at the Elk Hills Dr.lDodge Ave. intersection are based
on turning movement counts taken at the intersection from 4-6 p. m. on October 21,
1993 by Benshoof & Associates, Inc. In order to determine 1994 p.m. peak hour turn
volumes, a growth factor based on expected growth in the area and on hourly traffic
counts taken on Dodge Ave. was applied to the 1993 volumes. The same growth factor
was applied to the 1994 p.m. peak hour volumes to determine the 1996 base volumes
without the proposed development. The p.m. peak hour trips expected to be generated
by the proposed development were then added to the 1996 base volumes, resulting in
1996 post-development volumes. These volumes are shown in the bottom half of
Figure 3.
.
.
.
.
NEW TRIP DISTRIBUTION PERCENTAGES
SCHOOL ST.
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NOT TO SCALE
PASSBY TRIP DISTRIBUTION PERCENTAGES
CLUTS, O'BRIEN, STROTHER
ARCHITECTS, INC.
. 00 BENSHOOF & ASSOCIATES, INC.
U TRANSPOFlTAT10HENGIHEERSANDPlANHfFlS
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ELK \-\\LLS DR.
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NOT TO SCALE
TRAFFIC STUDY
FOR ELK RIVER
RETAIL CENTER
FIGURE 2
TRIP DISTRIBUTION
PERCENTAGES
.
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PM PEAK HOUR TURN MOVEMENTS AT T.H. 169/ELK HILLS DR.
14312351235 -1
155r20Q1229 --7
13311961196 ::l.
~ 1994 EXISTING
1996 NO BUILD
I I 1996 POST-DEVELOPMENT
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ELK HILLS DR.
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PM PEAK HOUR TURN MOVEMENTS AT DODGE AVE.lELK HILLS DR.
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1996 NO BUILD
I I 1996 POST. DEVELOPMENT
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CLUTS, O'BRIEN, STROTHER
ARCHITECTS, INC.
00 BENSHOOF & ASSOCIATES, INC.
V TRAPfSPOFUATIONENGIHEERSANDPlAliNERS
TRAFFIC STUDY
FOR ELK RIVER
RETAIL CENTER
FIGURE 3
PM PEAK HOUR
TURN MOVEMENTS
.
.
.
.
Mr. Dan O'Brien
-7-
August 4, 1994
Daily traffic volumes for Dodge Ave. were also developed. The same growth factor
used for the p.m. peak hour turn movement volumes was applied to the 1994 daily
volume, resulting in 1996 base daily volume without the proposed development. The
expected number of daily trips generated by the development were added to the 1996
base volumes resulting in 1996 post-development daily traffic volumes. These volumes
are shown in Figure 4.
TRAFFIC ANALYSIS
Abilitv of Adiacent Roadways to Accommodate Pro DOSed DeveloDment Traffic
Based on current daily traffic volumes, it is apparent Dodge Ave. is serving as a
collector route for this area. According to Minnesota State Aid design standards, the
existing 30 foot width is not sufficient for a two lane collector with on-street parking on
one side. The State Aid design standards recommend a 36 foot curb face to curb face
width for a two lane collector with parking on one side. Therefore, Dodge Ave. needs
to be widened sometime in the future even without any additional development in the
area. However, the need to widen Dodge Ave. between Elk Hills Dr. and 189th Ave.
becomes more urgent due to the additional traffic generated by the proposed
development. Therefore, it is our recommendation that Dodge Ave. between Elk Hills
Dr. and 189th Ave. be widened to 36 feet curb face to curb face in conjunction with
the proposed development. Such widening should be accomplished according to City
standards, including consideration for all pertinent items, such as a possible sidewalk.
All of the above mentioned improvements to Dodge Ave. will fit within the existing 66
foot right-of-way. The recommended conceptual layout is shown in Figure 5. With
these improvements, we are confident the adjacent roadways will be able to effectively
accommodate the additional trips generated by the proposed development.
Elk Hills Dr.lDod2e Ave. Intersection
In order to accommodate the additional development traffic at this intersection, it is
recommended that the following measures be implemented:
A right turn only lane be added for southbound traffic on Dodge Ave., creating
a two lane approach (see Figure 5).
Convert the intersection to four-way stop sign control, except that right turns
from the west to the south would continue to utilize a channelization island and
operate with yield sign control.
The recommended conceptual layout for Dodge Ave. is shown in Figure 5. With these
improvements we are confident the intersection will be able to accommodate the traffic
volumes generated by the proposed development.
T.H. 169/Elk Hills Dr. Intersection
A capacity and level of service analysis using post-development volumes showed all
movements at a level of service D or better utilizing planned improvements to the
intersection layout. Therefore, we believe this intersection will effectively
accommodate the post-development traffic.
.
.
.
SCHOOL ST.
~ 1994 EXISTING
1996 NO BUILD
I I 1996 POST-DEVELOPMENT
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DRIVES
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3310/4600/6820
ELK I-IILLS DR.
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NOTE: 1996 VOLUMES ASSUME ELK PARK CENTER IS 213 OCCUPIED
CLUTS, O'BRIEN, STROTHER
ARCHITECTS, INC.
00 BENSHOOF & ASSOCIATES. INC.
U TflAHSPOATATIONEHGIHEERSANOPLAHHEflS
TRAFFIC STUDY
FOR ELK RIVER
RETAIL CENTER
NOT TO SCALE
FIGURE 4
DAILY TRAFFIC VOLUMES
ON DODGE AVE.
.
.
.
CLUTS, O'BRIEN, STROTHER
ARCHITECTS, INC.
.00 BENSHOOF & ASSOCIATES, INC.
V TRANSPOR1ATlONENGIHEERSANOPLAHHERS
SOUTH
DEVELOPMENT
DRIVE
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ELK HILLS DR.
TRAFFIC STUDY
FOR ELK RIVER
RETAIL CENTER
N
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APPRDXIMAlE SCALE
60'
FIGURE 5
RECOMMENDED
CONCEPTUAL LAYOUT OF
DODGE AVE.
Mr. Dan O'Brien
-10-
August 4, 1994
Elk River Retail Center Drivewavs on Dod2e Ave.
In order to move customers in and out of the development in the most efficient and safe
manner, we recommend the modifications to the existing site plan as shown in Figure 6
and described as follows:
.
Provide two 12 foot exiting lanes and OI1C 14 foot entering lane at each
driveway. This will allow more space for vehicles to queue while waiting to
exit without backing up into the lot and greatly improves the safety and overall
operation of the driveways as compared to options with fewer lanes.
Move the south driveway approximately 24 feet north so it aligns with the
northern most parking lot aisle south of the auto service use. This will
eliminate the "crossing" pattern that would have been experienced by entering
and exiting customers under the current site plan, thereby greatly improving the
safety and efficiency of the driveway. Relocating the driveway to the north will
also center it between the two residences on the east side of Dodge Ave. and
eliminate the partial offset condition with the residential driveway shown in the
current site plan, thereby improving the safety of movements in and out of those
driveways as well.
CONCLUSIONS
From the traffic analysis documented in this memorandum, we have established the
following conclusions:
Current traffic volumes on Dodge Ave. indicate it is functioning as a collector
route.
.
.
.
In order for Dodge Ave. to conform with pertinent standards as a collector
street, it needs to be widened to 36 feet from face of curb to face of curb to
allow for one through lane in each direction and a parking lane on one side. In
order to accommodate the total post-development traffic volumes, it is
recommended that this improvement be implemented in conjunction with the
proposed development.
The amount of traffic generated by the proposed development indicates the need
for a right turn only lane for southbound traffic on Dodge Ave. at the Elk Hills
Dr. intersection, as well as the implementation of four-way stop sign control.
One entering and two exiting lanes are recommended for both development
driveways on Dodge Ave.
Relocate the south development drive approximately 24 feet to the north of its
location on the current site plan to improve the safety and efficiency of traffic
movements.
.
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October 1, 1990.
Millutes
Page 6
---------------
.
with at a landfill that has state of the art environmental design.
Peter Jones stated that they have no control over where the material
goes because it is governed by the County.
There being no further comments, Mayor Tralle closed the public hearing.
COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THE PUBLIC HEARING FOR THE
TEMPORARY EXTENSION OF LICENSES AND CONDITIo.NAL USE PERMITS Fo.R NSP AND
UPA UNTIL o.CTOBER 29, 1990., 7:0.0. P.M. TO BE HELD AT THE ELK RIVER
PUBLIC LIBRARY. Co.UNCILMEMBER DOBEL SECONDED THE Mo.TIo.N. THE Mo.TION
CARRIED 5-0..
The City Council recessed at 8:55 and reconvened at 9:0.5 p.m.
6.2. Business Park Zonjn~ Desj~natjon in Focus Studv Area A
I
The Building and Zoning Administrator stat.ed' th.at at. the 9/17/90. City
Council meeting, the City Council zoned an area south of Highway 10. as
Business Park. He indicated that the Planning Commission has studied
the area and had recommended that the zoning designation be PUD for the
parcel of land located south of Highway 10. in the Area A Focus Study.
.
Co.UNCILMEMBER DOBEL Mo.VED TO. ADOPT o.RDINANCE 90.-40., AN o.RDINANCE
RESCINDING ORDINANCE 90.-35 AND AMENDING THE CITY o.F ELK RIVER ZONING
MAP TO. Zo.NE CERTAIN PROPERTY IN AREA A. Co.UNCILMEMBER KRo.PUENSKE
SECONDED THE Mo.TIo.N. THE MOTJo.N CARRIED 5-0..
I
6.3. Retail Uses in o.utlot A Deerfield III PUD
The Building and Zoning Administrator stated that there was a
discrepancy in the August 20., 1990., City Council minutes regarding uses
in o.utlot A, Deerfield III PUD. He indicated that the Council did give
a consensus to allow retail uses along with the C2 uses in o.utlot A.
The Building and Zoning Administrator stated that the August 20., 1990.
minutes have been corrected showing that retail uses are allowed in
o.utlot A.
COUNCILMEMBER KROPUENSKE Mo.VED TO. AMEND THE MINUTES OF THE AUGUST 20.,
1990. Co.UNCIL MEETING. Co.UNCILMEMBER DOBEL SECONDED THE MOTIo.N. THE
MaTIo.N CARRIED 5-0..
The Building and Zoning Administrator requested direction from the
Council as to what type of retail uses the Council will allow in the
area. Councilmember Kropuenske indicated that the amount of traffic,
more than the size of the use, will dictate the type of use in the
area. The Building and Zoning Administrator stated that the size of
the site will limit the use and that all uses will go through a review
process by the Council. I t Was the consensus of the Council to leave
the retail status for the Outlot A, Deerfield III PUD area because of
the fact that the standards will be set by the PUD.
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City Council Minutes
September Ii, 1990
Page 13
.
recommending that the moratorium be extended to allow for proper review
of the issue.
COUNCILMEMBER KROPUENSKE MOVED TO ADOPT RESOLUTION 90-49, A RESOLUTION
EXTENDING A MORATORIUM ON LAND USE IN RELATION TO ADULT ENTERTAINMENT.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0.
5.13 Ordinance Amendment to Section 900.18 Definitions/P.H.
Zoning Assistant, Janelle Szklarski, noted that the proposed ordinance
amendment reflects changes to several definitions within the City's
ordinance.
Mayor Tralle opened the public hearing. There being no one for or
against the matter, Mayor Tralle closed the public hearing.
COUNCILMEMBER KROPUENSKE MOVED TO ADOPT ORDINANCE 90-39, AN ORDINANCE
AMENDING SECTION 900.18 DEFINITIONS. OF THE ELK RIVER CITY CODE.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0.
5.14 Review Final Conditional Use Permit for Bauerlv Brothers Inc.
Mayor Tralle stated that Bauerly Brothers had recently received
approval from City Council for a conditional use permit for gravel
mining. He stated that presented before the City City Council this
evening, was the final draft of the Conditional Use permit.
.
COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE TEXT OF THE CONDITIONAL USE
PERMIT AGREEMENT FOR MINERAL EXCAVATION FOR BAUERLY BROTHERS, INC.
COUNCILMEMBER DOBEL SECO~~ED THE MOTION. THE MOTION CARRIED 4-0.
5.15 Review Final PUD A~reement for Elk River Develooment Corooration
Outlay A Deerfield 3rd
Discussion was held regarding the August 20, 1990, City Council
minutes. Janelle Szklarski questioned the Council whether retail stores
and shops should be added as stipulation to #3(02), found on page 3 of
the agreement. She stated that retail stores and shops were not
specifically stated in the Council minutes. She also stated that
stipulation #3(04) found on page 4 did not accurately reflect the type
of signage approved for this area.
The City Clerk indicated that after reviewing the tape recording of the
meeting, that retail uses should have been included in the minutes.
Council discussed the types of retail uses to be included in the
developers agreement. It was the consensus of the Council to refer
this back to staff for further study to determine what types of retail
uses would be appropriate for that area.
.
COUNCILMEMBER HOLMGREN MOVED TO
AGREEMENT FOR ELK RIVER DEVELOPMENT
FOR STAFF REVIEW OF RETAIL USES.
MOTION CARRIED 4-0.
TABLE APPROVAL OF THE DEVELOPERS
CORPORATION OUTLOT A, DEERFIELD III
COUNCILMEMBER DOBEL SECONDED THE
It was the consensus of the City Council to amend the August 20, 1990,
City Council minutes to include retail uses in Outlot A, Deerfield III
PUD.
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City Council Minute~
August 20, 1990
Page 4
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Councilmember Kropuenske stated that he is the president of Central
Lutheran, but that he would have voted on the matter even if he was not
a member of the church because the request is a clearly stated issue.
5.2
Consider Conditional Use Permit/Elk River Development Corporation
Outlot A/P.H.
Consider Administrative Subdivision/Elk River Development Corporation
Outlot A/P.H.
5.3
Steve Rohlf, Building and Zoning Administrator, indicated that the
businesses proposed on Outlot A have withdrawn their offer for the land
after Planning Commission review. He requested the City Council to
revielol the PUD requirements for the area so that the owners of the
property would have a clear understll.l1ding of what is allowed on the
property.
Vice Mayor Schuldt opened the public hearing.
The memo from the Building and Zoning Administrator dated July 19,
1990, was rev ieloled item by item by the Ci ty Counci 1. The numbers
listed in these minutes coincide with the numbers listed in the
previously mentioned memo starting on Page 6, titled "Summary of
staff's recommended conditions".
1. Steve Rohlf, Building Il.I1d Zoning Administrator, stated that the
affected property should be split through the platting process.
Peter Kimball, Planning Commission Representative, stated that the
Planning Commission felt the property should be platted due to the.
sensitivity of the area Il.I1d the complexity of the area.
2. The Building and Zoning Administrator stated that staff is
recommending uses allowed as principal Il.I1d conditional uses in a
C-2 zone be allowed within a PUD. The Building Il.I1d Zoning
Administrator stated that the petitioners have requested that
retail be added to the list of uses allololed in the PUD. He stated
that the City's Plll.l1ning Consultant felt .that there are certain
commercial uses that should be excluded and that there are some
uses that would be proper for the area with'certain criteria such
as hours of operation, buffering, etc. The Planning Consultant
felt retail would be appropriate.
Peter Kimball stated that the Planning Commission considered this item
for about one hour and 45 minutes. He indicated that 80X of the time
was spent on traffic and safety issues. He stated that the design of
the intersection and the fact that there are so mll.l1Y pedestrians in the
area were major considerations.
Councilmember Kropuenske stated that some of the retail businesses
would generate less traffic than permi tted uses in the C-2 zone and
felt that retail should be included as long as it is controlled.
Arlon Fuchs stated that he would like to have retail limited to smaller
type retail businesses dependent upon the traffic flow.
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lity Council Minutes
August 20, 1990
Page 5
---------------
Ed Wortman, 11857 Dodge Avenue, stated that he felt there should be
another way to get to Outlot A. Steve Rohlf stated that there could
not be another frontage road between Dodge Avenue and Highway 169.
Tim Christeen, 11378 189th Avenue, questioned what type of retail would
be allowed in the area. It was indicated that if retail were allowed
in the area it would be controlled due to traffic volume.
'.
Terry Maurer stated that traffic counts have been done in that area.
He reviewed with the Council and public the results of the traffic
counts. Mr. Maurer indicated that a determining factor of the traffic
situation is based on a level of service from A through E. He .stated
that the level of service at the present time for the Elk Hills/Dodge
Street intersection is A, which is considered the highest level of
service. Mr. Maurer stated that taking into account that all available
lots are filled and Outlot A is consumed by commercial, the traffic
count would increase dramatically .and the level of .service would drop
to B.
Mr. Maurer reviewed with the Council the ultimate intersection design
for that area. He stated that the intersection has the capacity to
handle the traffic generated at the present time and in the future, but
it is a question of operation and how much the City wishes to spend on
improvements. Terry Maurer further stated that he did not feel this
was an unusual situation with the number of vehicles in relation to
single family housing. He stated that there are other single family
areas in Elk River who have traffic volumes that match Or exceed this
area.
3. Steve Rohlf reviewed the dimensional regulations for the pun as
listed in his memo. It was indicated under iii that this
stipulation could be eliminated during the site plan review
process. It was further indicated that the number of accesses
onto Dodge Avenue should be limited. Under item D, it was the
consensus of the Council that the maximum building height be 24
feet.
4. It was the consensus of the Council to add the following to Number
4: That there be no signs on the east side of the building. That
the signs on Dodge Avenue be limited to Driveway ID signs.
5. .
That the following be added:
standards of a conditional use
as a conditional use permit.
That the applicant must submit to
permit and the request be processed
6. No change.
7. No change.
8.
Discussion was held regarding the hours of operation proposed, 7
a.m. to 7 p.m., being too restrictive.
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Lity Council Minute~
August 20, 1990
Page 6
---------------
Arlon Fuchs
between 2: 00
restricted.
indicated that many delivery trucks Come and deliver
a.m. and 3:00 a.m. and felt that delivery hours should be
Lou Polack stated that even a 9:00 p.m. limit would be restrictive for
potential buyers. He proposed a 10:00 p.m. time limit for a closing
time. Lou Polack further stated that he would like the option for a
business to petition the Council to stay open longer.
It was the consensus of the Council that the hours of operation be from
7:00 a.m. to 10:00 p.m. and that deliveries are restricted to 10:00
a.m. to 7:00 p.m.
9. No change.
10. .DevelopeJO be changed to petitioner.
II. Developer be changed to.petitioner.
12. This item is a newly added item and shall state that the parking
lot shall be on the Highway 169 side of the buildings on this
parcel.
There being no further comments frolD the public, Vice Mayor Schuldt
closed the public hearing.
Stephen Rohlf. indicated staff would prepare a formal PUD agreement
reflecting the Council's stipulation for the 9/17/90 City Council
meeting.
COUNCILMEMBER KROPUENSKE MOVED TO APPROVE THE PLANNED UNIT DEVELOPMENT
STIPULATIONS AS LISTED IN THE BUILDING AND ZONING ADMINISTRATOR'S MEMO
DATED JULY 19, 1990, ON PAGES 6 THROUGH S, ITEMS 1 THROUGH 11 AND
FURTHER THAT THE STIPULATIONS LISTED BY THE COUNCIL BE INCLUDED IN
THESE ITEMS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION
CARRIED 4-0.
The Council recessed at 9:25 p.m. and reconvened at 9:45 p.m.
Vice Mayor Schuldt indicated that Item 5.3 would not be considered because
it was .withdrawn by the petitioner.
5.5 Consider Conditional Use Permit Mineral Excavation Bauerlv Brothers.
lnc./P.H.
Building and Zoning Administrator, Stephen Rohlf, stated that Bauerly
Brothers, Inc. are requesting a conditional Use permit and license to
continue to rUn an existing gravel pit. He further indicated that he
has recei ved a letter from Bauer ly Brothers regarding the reclamation
plan which will be on file in the minute book.
Peter Kimball stated that after reviewing the property, the Planning
Commission strongly recommended that the Council reduce the requirement
for soil reclamation from 3 inches to 1 inch which is the existing
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MINUTES OF THE ELK RIVER PLANNING COMMISSION
HELD AT THE ELK RIVER PUBLIC LIBRARY
TUESDAY, JULY 24, 1990
Members Present:
Chairman Klmball, Commissioners Nadeau, Eberley and
Johnson
Members Absent:
Commissioner Schroeder
Staff Present:
Stephen Rohlf, Building and Zoning Administrator;
Janelle Szk1arski, Zoning Assistant, and Tim Keane, City
Attorney
1. Pursuant to due call and notice thereof, the meeting of the Elk River
Planning Commission was called to order by Chairman Kimball at 7:00 p.m.
2. Consider 7"124/90 PlanniM Commission Al!:Emda
Item 10 . 1
Commission
agenda.
"Workshop Agenda" , Item 10.2 - "1990-1991 Planning
Budget", and Item 10.3 - "Miscellaneous" were added to the
COMMISSIONER EBERLEY MOVED TO
COMMISSION AGENDA AS AMENDED.
MOTION. THE MOTION CARRIED 4-0.
APPROVED TO
COMMISSIONER
THE 7/24/90 PLANNING
NADEAU SECONDED THE
3.
Consider 6/26/90 P1anninl!: Commission Minutes
COMMISSIONER JOHNSON MOVED TO APPROVE THE 6/26/90 PLANNING COMMISSION
MINUTES. COMMISSION EBERLEY SECONDED THE MOTION. THE MOTION CARRIED
4-0.
4. PlanniM Commission ReDresentati ve to Attend the 8/20/90 Ci tv Counci I
Meetinl!:
It was indicated that Chairman Kimball would attend the 8/20/90 City
Council meeting.
5.
Consider Conditional Use Permit bv Elk River Develooment CorD. (Outlot
AI/Public Hearin~
Stephen Rohlf J Building and Zoning Administrator, explained that the
Elk River Development Corporation is proposing to develop Outlot A of
Deerfield 3rd Addition. The proposed development called for three
commercial uses on the parcel (specialty food store, a restaurant, and
a satellite bank operation). Mr. Rohlf also explained that since the
property is within a Planned Unit Development, a conditlonal Use permit
is required and the seven standards for a conditional use permit must
be met. He went on to explain that staff is recommending that the
property be developed under the C-2 standards, which would allow less
intensive commerical development.
Chairman Kimball opened the public hearing.
Planning Commission Minutes
July 24, 1990
Page 2
.
Arlon Fuchs-266 Elk Hills Drive, questioned what uses were allowed in
the C-2 zoning district. Mr. Fuchs explained that he was concerned
with the specialty food. store and restaurant proposed. He was also
concerned with the amount of traffic generated by these uses, which was
estimated at 5,000 trips per day. Stephen Rohlf listed the uses
allowed in the C-2 zone, and explained that this zone is frequently
used as a buffer between more intensive commerical and residential
uses. Mr. Rohlf further explained that staff is recommending that
Dodge Avenue be upgraded to four lanes from Elk Hills Drive to IB9th
Avenue.
Mark Cramer-242 Elk Hills Drive, stated that he was concerned with the
food store and restaurant because of the night time hours that these
types of uses typically have. Mr. Rohlf stated that, staff's
recommendation would allow uses which have hours more compatible with
residential uses.. He also stated that hours. of operation could be
limi ted 'through the PUD agreement. Mr. Rohlf stated that staff is also
recommending a 30 ft. buffer of green space along Dodge Avenue, which
would be bermed and have plantings on top of it.
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Dick Gongoll of First National Bank, stated that they are proposing the
satellite bank in the southern lot of Outlot A. He stated that in
order for the business to be' profitable in a location it must have
access and traffic. He also stated that there are limited sites
available within the sewer and water district, which have such
accessibility.
John Youngquist-1l344 Elk Lane, stated that he was concerned with the
intersection of Dodge Avenue and Elk Hills Drive as it is already a
major problem. In particular he had concerns with the stacking of
traffic at that intersection. Mr. Youngquist also stated that the
affects of Deerfield 4th Addition have not yet been felt on this
intersection. Stephen Rohlf explained that staff's recommendation was
to' keep the most intense uses to the southern end of Outlot A so as to
have less mixing of commerical and residential traffic. He stated that
the proposed bank is a conditional use within the C-2 zone, and
therefore, if staff's recommendations were adopted, the bank would
still need to go through the conditional use permit process which would
require another public hearing.
Earl Hetrick-271 Elk Hills Drive, stated that he was particularly
concerned with the hours of operation for the restaurant. Mr. Hetrick
was concerned that hours set through the PUD Agreement, could be
subject to change at a later date. Steve Rohlf stated that the PUD
Agreement is a legal and binding document, however, amendments are
always possible.
-.
Ed Wortman-18857 Dodge Street, questioned whether a service road lias
possible from 193rd Avenue to Elk Hills Drive. Stephen Rohlf explained
that a frontage road was proposed at one time, but that it lIould not
work physically.
Bill Christian-lB847 Dodge Street, stated that he 1I0uld like to see a
wider buffer strip along the commerical property. He also stated that
Planning Commission Minutes
July 24, 1990
Page 3
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.
there were problems with being notified for the public hearing. Steve
Rohlf explained that if Dodge Avenue were upgraded it would be a
minimum of 46 feet wide with the 30 ft. buffer in addition to that.
Mr. Rohlf also stated that notification is done according to the
property tax books, which are updated on yearly basis.
Ed Wortman Questioned if a second street, parallel to Dodge,
work, possibly having two one way streets to access this site.
Rohlf stated that if a street ran along Highway 169 it would not
any stacking of traffic.
would
Steve
all ow
Kathy Hansen-1l366 190th Court NW, stated that there are a number of
children in Deerfield 3rd Addition, and that she is concerned with the
non-motor activity in this area. Steve Rohlf explained that a four
lane Dodge Street would only help where traffic was concerned. He also
explained that a pathway along Dodge Avenue is recommended by staff.
.
Carrie Christen-1l378 189th Avenue, stated that she agreed that the
proposal would generate too much traffic when. considering the amount of
children in the neighborhood. Steve Rohlf suggested that the City
Engineer could look at the possibility of installing a three way stop
sign at the intersection of Dodge Avenue and 189th Street.
r-
Tim Christen-1l378 l89th Avenue, Questioned what the traffic estimates
would be if C-2 uses were allowed on this parcel instead.
.
Chairman Kimball stated that C-2 uses would generate a different type
of traffic, which would result in less frequent trips. Steve Rohlf
explained that staff would still recommend that Dodge Avenue be
upgraded to four lanes even if C-2 uses were approved. He also stated
that a traffic study was needed for this area to determine how much
traffic this area can handle.
Mark Cramer-242 Elk Hills Drive, stated that he was worried that if
this proposal were approved people would avoid left hand turns onto
Dodge due to traffic congestion, and take an alternative route into Elk
Hills and through Deerfield 3rd.
John YoungQuist-11344 Elk Lane, Questioned whether there was additional
right-of-way available, and if Dodge Avenue could be moved over to the
east to eliminate the "s" configuration, which presently exists. Steve
Rohlf stated that although it' was desirable to eliminate the "S"
configuration, if Dodge Avenue was moved to the east it would result in
a situation where the intersections were not aligned, and that would be
dangerous as well.
.
Jerry Hansen-11366 190th Court, Questioned whether there would be
medians in the upgraded Dodge Avenue. Steve Rohlf stated that there
would be no medians. Mr. Hansen stated that it would be difficult for
residents to back out of their driveways onto this busy street. Mr.
Rohlf added that it would be desirable to construct new driveways in
such a way to avoid backing into the street.
Planning Commission Minutes
July 24, 1990
Page 4
.
Lou Pollack of Elk River Development Corporation, questioned where the
figure of 5,000 trips per day came from. Steve Rohlf stated that, the
City Engineer, Terry Maurer, had come up with this figure using figures
generated by the Minnesota Department of Transportation. These figures
are based on the use of the property.
Ed Wortman-18857 Dodge Street, stated that the City should also
consider the traffic generated by the number of employees that these
uses would generate. Steve Rohlf stated that the City did not propose
this development; they are reacting to a request from a private
developer. Although, the underlying land use of this parcel is
commerical, staff is recommending that the low intensity commerical
uses be allowed so as to be compatible with the surrounding single
family residential uses.
Lyle Fisher-21587 Brook Roall, stated .that much of the traffic generated
currently in Deerfield 3rd is due to construction of houses in that
area. Eventually this type of traffic will cease as the property
develops more fully.
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Leo Pollack of Elk River Development Corporation, stated that 193rd
Avenue could be an alternative access to this site. He also questioned
when a traffic light was going' to be installed at the intersection of
193rd Avenue and Highway. 169. Steve Rohlf stated that it may be a
while before the traffic light is installed at that intersection. He
also stated that people will begin to use 193rd Avenue as Elk Hills
Drive becomes congested.
Lou Pollack stated that the northern part of the Deerfield Development
will use the 193rd intersection, thereby eliminating some of the
traffic congestion at the Elk Hills Drive intersection.
Bill Christian-18847 Dodge Street, stated that the majority of the lots
within Deerfield 3rd Addition are 80 feet wide, and it is hard to fit
a driveway which allows vehicles to turn around on these lots,
therefore the majority of homes wi thin Deerfield must back into the
busy streets.
Steve Rohlf questioned whether the proposed pathway should be on the
east side of Dodge instead of the west side of Dodge, since that's
where more of the pedestrian traffic would be generated.
,
Tim Christen-1l378 189th Avenue, questioned whether on-street parking
would still be allowed on Dodge Avenue if it were upgraded. Steve
Rohlf stated that Terry Maurer, the City Engineer, will be addressing
traffic issues at the City Council meeting, and he will take these
comments into consideration.
Chairman Kimball closed the public hearing.
-.
Steve Rohlf stated that staff is recommending that the
upgrading of Dodge Avenue be paid for by the developer.
Kimball stated that he agreed with staff's recommendations
the proposed development. Commissioner Johnson stated that
proposed
Chai rman
regarding
she felt
Planning Commission Miu~tes
July 24, 1990
Page 5
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.
the C-2 uses were more appropriate than the C-3 uses. Commissioner
Eberley stated that the location of this property dictates that C-3
would be a logical zoning classification, however, C-2 is more
appropriate in her estimation because of the proximity to single family
residential dwellings. Commissioner Eberley also stated that along with
traffic, safety is a number one concern with her, and she felt that
possibly a foot bridge over Hwy. 169 would eliminate some of the safety
concerns. Commissioner Nadeau stated that he would like to see no
development go into this parcel until the intersection of Elk Hills
Drive and Hwy. 169 is cleaned up. .However, he felt that C-2 uses were
more appropriate than C-3. Chairman Kimball stated that there were a
number of technical questions which still needed to be answered, but
that these would be resolved prior to the Ci ty Council meeting in
August. Commissioner Johnson questioned whether PUD Agreements had an
expiration date. Tim Keane, City Attorney, stated that: PUD Agreements
bind developers to certain tasks and responsibilities. The expiration
of the PUD Agreement .is determined by events and not dates.. Mr. Keane'
went on to explain that there is great latitude in PUD Agreements, and
that a number of controls could be implemented through this document.
COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF
THE CONDITIONAL USE PERMIT TO ESTABLISH A PUD REFERENCING STAFF'S MEMO
DATED JULY 19, 1990, AS THE FINDINGS OF FACT, AND THAT THE APPROVAL BE
SUBJECT TO THE SAME STIPULATIONS AS OUTLINED IN STAFF'S MEMO AND THAT
THE FOLLOWING ISSUES BE RESEARCHED FURTHER:
.
1.
THAT THE ISSUE OF PARKING ON DODGE AVENUE BE ADDRESSED BY THE CITY
ENGINEER.
2. THAT THE PROPOSED BIKE PATH LOCATION BE DISCUSSED IN FURTHER
DETAIL.
3. THAT A TRAFFIC COUNT AND STUDY OF THE AMOUNT OF TRAFFIC THAT THIS
AREA IS ABLE TO HANDLE BE CONDUCTED.
4. THAT THE POSSIBILITY OF CONSTRUCTING A FOOT BRIDGE OVER HIGHWAY
169 BE RESEARCHED.
5. THAT THE INTERSECTION OF HIGHWAY 169 AND DODGE AVENUE BE STUDIED
TO DETERMINE HOW THE PROPOSED DEVELOPMENT WOULD AFFECT IT.
COMMISSIONER NADEAU SECONDED THE-MOTION. THE MOTION CARRIED 4-0.
6. Consider Conditional Use Permit (Davcare) Bv 1st Steo Preschool/P.H.
Janelle Szklarski, Zoning Assistant, stated that the applicant
(Paulette Hanlon) is proposing a preschool, which would accommodate up
to 20 children at a time in the existing Central Lutheran Church
located at 1103 School Street. Daycare facilities for more than 17
children are a conditional use in the R-4 zone.
.
Chairman Kimball opened the public hearing. There being no one for or
against the request, Chairman Kimball closed the public hearing.
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-:t> RA-F-;--
LN EV ~ c.X E.t:....u rso.... -:::> )
DEERFIELD THIRD ADDITION
OUTLOT A
CONDITIONAL USE PERMIT
PLANNED DEVELOPMENT AGREEMENT AND
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into this ____ day of
, 1990, by and between the CITY OF ELK
RIVER, a municipal corporation organized under the laws of the
State of Minnesota (the City), and ELK RIVER DEVELOPMENT
CORPORATION (the "Corporate Developer"), and GERALD SMITH, LEO
POLACK and LOUIS POLACK (the "Individual Developers")
collectively referred to hereinafter as the "Developer";
WIT N E SSE T H:
WHEREAS, the Developer has made application to the City for
an amendment to the planned development and subdivision of a
plat of land located within the City and legally described as
follows:
Outlot A, Deerfield 3rd Addition, Sherburne County,
Minnesota
(the Property); and
WHEREAS, the City Council by motion adopted August 20,
1990, has granted planned development as amended for the
development of
on the Property (the
Development), subject to certain conditions, including that
Developer enter into appropriate agreements with the City so as
to fully comply with the City's Zoning and Subdivision
Ordinances; and
.
WHEREAS, the City's Zoning Ordinance requires that a
Conditional Use Permit be issued for Planned Developments and
that a Planned Development Agreement be entered into;
NOW, THEREFORE, in consideration of the premises and the
mutual promises and conditions hereinafter contained, it is
hereby agreed as follows:
1.) Entire Aareement - Except as otherwise provided in
Section 4(07) herein, this Agreement shall supplement the
Conditional Use Permit for the Property entered into
November 12, 1986 and.as amended April 12, 1990; the planned
Development Agreement for the Development and the Developers
. Agreement for the Development, as 'herein amended, and shall
govern the parties' rights, responsibilities and obligations
with respect to the Development, subject to the compliance oy
all parties with applicable City Ordinances and State and
Federal laws.
2.) Warranty of Developer - Developer hereby warrants and
represents to the City, as inducement to the City's entering
into this Agreement, that the Corporate Developer holds a fee
. interest in the Property.
3.) Conditions-
(01) The following stipulations shall be placed upon the
subdivision:
a. Prior to development, the Property shall be platted in
accordance with the Subdivision Regulations and the
stipulations set forth below.
b. That Dodge Avenue is upgraded to four lanes from the
intersection of Elk Hills Drive to the intersection of
189th Avenue at the expense of the developer. This
upgrading must be done to applicable City standards
for a commercial street including such items as a 36
foot wide face of curb to face of curb, urban section
road with concrete curb and gutter.
c.
That improvements to City sewer and water needed to
service the lots or buildings within this plat,
including stub-ins, are designed by the City Engineer
and paid for by the developer. Further, that an
escrow account is established by the developer in an
amount estimated by the City Engineer to cover his
services for designing the sewer and water system.
.
2
d.
That a detailed storm drainage plan is provided by the
developer and approved by City Engineer. Further,
that all improvements needed to assure that no
negative impact due to storm water from this
development will occur on-site or off-site are the
responsibility of the Developer.
.
e. A pathway (minimum 6 foot wide concrete sidewalk)
along the north side of Elk Hills Drive and the east
side of Dodge Avenue at the expense of the Developer.
If sufficient right-or-way is not available after the
upgrading of Dodge Avenue to four lanes, the Developer
may dedicate an easement to the City for said pathway.
The maintenance of the pathway would be the
responsibility of adjacent property owners in the PUD.
f. The Developer pay the City for the first seal coating
of the upgraded port,ion of Dodge Avenue in an amount
estimated by the City Engineer.
g. The Developer pay the City park dedication fees in the
amount required at the time of the subdivision of this
Property.
h.
.
Street lights are to be provided, the numbers and
location of which would be determined by City staff.
The cost of the liahts and the installation of them
are the responsibility of Developer.
i. The Developer shall reimburse the City for all costs
incurred for reviewing this proposed subdivision, and
the inspection of associated improvements.
j. That a letter of credit be provided to the City, by
the Developer, to assure the improvements are
accomplished.
k. That the above-referenced improvements are
accomplished prior to occupying any buildings within
this PUD.
1.. That a developer's agreement is entered into
stipulating the above mentioned requirements whether
the council requires platting of this property or
allows the split as an administrative subdivision.
.
(02) That those uses allowed as principal and conditional
uses within the C-2 zone and retail uses be allowed within
this PUD as they exist at the time of specific site plan
review. Those uses that are conditional uses within the
C-2 zone and all retail uses would require an additional
conditional use permit to be issued for their approval
within this PUD.
3.
.
(03) Dimensional regulations for this PUD are as follows:
a .
Minimum lot requirement (1 acre with 100 feet of
frontage on Dodge Avenue).
b. Minimum building, parking, and loading setbacks:
i. 30 feet from the right-of-way line of Elk
Hills Drive and Dodge Avenue and also the
northern boundary of this POD.
ii. 10 feet from the right-of-way line of U.S.
Highway 169.
iii. 10 feet from the lot lines in the interior
of the POD, and also assumed lot lines
between multiple principal buildings on a
single lot.
c. Maximum lot coverage established by setbacks,
parking requirements, etc,
d. The maximum building height is 24 feet.
.
(04) That signage in this POD is allowed as per the
requirements for signage in the C-3 commercial district
except that there be no signs on the east side of the
building other than driveway identification signs.
(05) That a site plan review is required prior to the
development of any parcel within this PUD. The site plan
will be subject to the submission requirements, the
procedures for approval, and the findings required for a
Conditional Use Permit as set forth in Section 900.42 of
the Zoning Ordinance.
(06) Development proposals must be consistent with
applicable City regulations for the C-2 zone or the
specific business proposed regarding such items as
landscaping, loading, parking, drives, lighting, storage,
outdoor display screening and architectural standards.
(07) That no incinerators are allowed within this PUD.
(08) That the hours of operation for businesses within this
PUD are from 7:00 a.m. to 10:00 p.m. and deliveries are
restricted to 10:00 a.m. to 7:00 p.m.
.
(09) That a 30 foot landscaped buffer strip is provided on
the north and east side of the PUD. Further, that a berm
is placed within this buffer strip at an elevation of 4
feet higher than adjacent parking or loading with a maximum
of 4-1 slopes, and 5 foot high spruce planted on top of it
with a 6 foot spacing.
4 .
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(10) That the Developer reimburse the City for all cost
incurred for reviewing this request.
(11) That the petitioner enter into a PUD agreement with
the City reflecting the conditions set on the PUD by the
City Council.
(12) Parking shall be located on the west portion of the
Property facing Highway 169 and away from the residential
area to the east.
4.) General Provisions _
.
(01) Buildino and Occupancv Permits - If the Developer
fails to comply with any of the provisions hereof, the City
may refuse to issue a building permit or certificate of
occupancy for any lot or parcel in the Development. City
will not issue any building permit for any lot Or parcel in
the'Development until all of the conditions set forth i~
Section 6 above have been met in full. City will not issue
any Certificate of Occupancy for any building constructed
on any lot or parcel in the Development until all of the
conditions set forth in Section 3 above have been met in
full. Developer agrees to advise purchasers of any lot or
parcel within the Development of the existence of this
Contrac~ and the obligations and restrictions created
herein prior to the completion of a sale. Further,
Developer agrees to save and hold the City harmless from
any and all claims or actions arising from the right to
withhold the issuance of such permits and certificates.
(02) Bindino Effect - The terms and provisions hereof shall
be binding upon, and inure to the benefit of the heirs,
representatives, successors and assigns of the parties
hereto and shall be binding upon all future owners of all
or any part of the Development and shall be deemed
covenants running with the land. References herein to
Developer, if rather be more than one, shall mean each and
all of them. A certificate evidence the existence and
terms of this Agreement, at the option of the City, shall
be placed of record so as to give notice hereof to
subsequent purchasers and encumbrances of all or any part
of the Property, and all recording fees, if any, shall be
paid by the Developer.
(03) Severable - In the event that any portion of this
Agreement shall be held invalid for any reason, the same
shall not affect in any respect whatsoever the validity of
the remainder of this Agreement.
.
(04) Waiver - Any waiver, whether express or implied, by
any party of a breach of any provision of this Agreement
will not operate as or be construed to be a waiver of any
subsequent breach of this Agreement.
5.
.
.
.
(05) Notices - All notices ane demands specified herein
shall be deemed appropriately and timely given when
delivered personally or deposited in the United States mail
to the addresses hereinafter set forth bv certified mail
(return receipt requested). The addresses of the parties
hereto are as follows until changed by written notice given
as above:
If to the City at: City of Elk River
Attn: City Administrator
720 Dodge Avenue N.W.
Elk River, Minnesota 55330
If to the Developer at: Elk River Development Corporation
11413 Hanson Boulevard
Coon Rapids, Minnesota 55433
(06) Incorporation by. Reference - All plans, special
provisions, proposals, specifications and contracts for the
Improvements to be made pursuant to this Agreement shalT be
and hereby are made a part of this Agreement by reference
as fully as if set forth herein in full.
(07) No Replacement - This Agreement is in addition to and
is not in replacement of the terms and conditions of the
Planned Deveiopment Agreement dated November 12, 1986, and
as amended April 12, 1990, the Petition for Public
Improvements and Waiver of Right to Public Hearing and
Right to Object relating to the Development executed by the
Individual Developers.
IN WITNESS WHEREOF, the City arid Developer have caused this
Agreement to be duly executed on the day and year first above
written.
CITY OF ELK RIVER
By:
Its: Mayor
By:
Its: City Administrator
6 .
.
.
.
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this
day of , 1990, by James Tralle, the Mayor of
the City of Elk River, on behalf of the City of Elk River.
STATE OF MINNESOTA
ss.
COUNTY OF SHERBURNE
The foregDing
day of
Administrator of the Cit~
of Elk River.
Notary Public
instrument was acknowledoed before me this
1990,.by Patrie' D, Klaers, the City
of Elk River, on behalf of the City
Notary Public
DEVELOPER:
ELK RIVER DEVELOPMENT
CORPORATION
By:
By:
Gerald Smith
Leo Polack
Louis Polack
7.
.
.
.
,
STATE OF MINN2S0TA
55.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this
day of , 1990, by Gerald Smith,
of Elk River Development Corporation.
Notary Public
STATE OF MINNESOTA
55.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this
day of " 1990"by Leo Polack, of.
Elk River Development Corporation.
Notary Public
STATE OF MINNESOTA
55.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this
day of , 1990, by Louis Polack,
of Elk River Development Corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
1500 Northwestern Financial Center
7900 Xerxes Avenue South
Bloomington, Minnesota 55431
(TJK)
8 .
TJK:ES3s