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7.6. SR 11-21-1994 rei ---\) ( )j tl~ ITEMS 1.6. & 7.7. MEMORANDUM River TO: MAYOR & CITY COUNCIL STEVEN B. ACH, CITY PLANNER~ NOVEMBER 21,1994 SUBJECT: PRELIMINARY PLAT AND CONDITIONAL USE PERMIT REQUEST BY ELK RIVER DEVELOPMENT, INC., PUBLIC HEARING, CASE NO. P 94-10 AND CU 94-30 FROM: DATE: ISSUE . Elk River Development, Inc., is requesting a preliminary plat and conditional use permit approving a development plan allowing a commercial PUD (Planned Unit Development). LOCATION Northeast corner of Elk Hills Drive and US Highway 169 ZONINGILAND USE PUD (Planned Unit Development)/HB (Highway Business) ATTACHMENTS Proposed design of Elk Hills Drive and Highway 169 Intersection Revised Site Plan Memo from Terry Maurer dated October 12, 1994. Report to the Mayor and City Council dated September 19, 1994. SUMMARY . This item was discussed at the September 19th City Council meeting and tabled until an analysis of possible road improvements to the Elk Hills Drive, Dodge Avenue and Highway 169 intersection was completed. Terry Maurer has completed a frontage road plan for the east side of Highway 169. The Elk Hills Drive, Dodge and 169 intersection has been redesigned and a P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 . recommended plan has been presented to the City Council. Terry Maurer will be available at Monday night's meeting to answer further questions regarding the intersection improvements and how they relate to the proposed commercial project. REVISED SITE PLAN Based on comments at the Planning Commission meeting and last City Council meeting, the developers have modified the southerly portion of the site. . The southerly entrance drive has moved approximately 50 feet north. This was done to accommodate the parking demands of the prospective restaurant and provide an unobstructed driveway into the site. In other words, the previous plan had several parking stalls along the driveway; the revised plan allows customers easy access with limited conflicts with other vehicles. . . The proposed improvements to the Dodge and Highway 169 intersection require shifting Dodge further east. This will create additional green space adjacent to the commercial property. The developers have shifted some of the parking for the restaurant further towards the east by approximately 20 feet. . The storm drainage pond has also been slightly modified. The pond has been stretched east into Dodge Avenue. Typically, right-of-ways are not allowed to be used for on-site ponding purposes; therefore, the pond should be adjusted. One alternative may be to vacate that portion of right-of-way along Dodge that will no longer be needed. The northerly portion of the site has not changed from the original proposal. ROAD IMPROVEMENTS As highlighted in preliminary plat conditions 3 and 7, the developers are responsible for completing and paying for their fair share of the improvements to the intersection of Highway 169, Dodge and Elk Hills Drive. The actual costs to complete all these road improvements will be outlined in Terry Maurer's feasibility report which won't be completed for a couple of weeks. . Staff has advised the developers that it is anticipated that their fair share will include 100% of the costs associated with Dodge north of the intersection and 50% of the intersection at Highway 169. The exact percentages can either be made part of the Council's approval Monday night or can be s:council:p lOcu30 . evaluated when the feasibility report is presented and be negotiated and made part of the developer's agreement. 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: I.e. 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 final plat for recording. . Please refer to the attached report dated September 19, 1994, for additional information related to the two requests by Elk River Development. RECOMMENDATION It is recommended the City Council approve the conditional use permit, approving a development plan for a commercial PUD with the following 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. A. . s:council:p lOcu30 . C. BUSINESS HOURS BE LIMITED TO 7 AM TO 10 PM, MONDAY THROUGH SUNDAY AND BE SUBJECT TO REVISIONS AT THE TIME OF SITE PLAN APPROVAL. 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 . D. 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 AS FAR SOUTH AS POSSIBLE BASED ON FINAL IMPROVEMENT PLANS FOR DODGE AVENUE AND HIGHWAY 169 INTERSECTION. . 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. . 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 $600 PER ACRE AS ADOPTED BY CITY COUNCIL BE PAID PRIOR TO THE RELEASE OF FINAL PLAT FOR RECORDING. 6. DEVELOPER CONSTRUCT A SIX (6) FOOT WIDE CONCRETE SIDEWALK ALONG THE WEST SIDE OF DODGE AVENUE FROM THE INTERSECTION OF ELK HILLS DRIVE TO THE NORTHERLY LIMITS OF THE PROPOSED DEVELOPMENT. 7. NECESSARY ROAD IMPROVEMENTS TO DODGE AND ELK HILLS DRIVE BE COMPLETED PRIOR TO OCCUPANCY OF ANY BUILDINGS WITHIN THE PLANNED UNIT DEVELOPMENT. 8. CROSS ACCESS/CROSS PARKING AGREEMENTS BE PREPARED AND REVIEWED BY THE CITY PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 9. NECESSARY DRAINAGE AND UTILITY EASEMENTS BE INCLUDED ON THE PLAT ALLOWING PUBLIC UTILITIES TO BE INSTALLED TO SERVE THE PROPOSED DEVELOPMENT. 10. STREET LIGHTS BE INSTALLED AS REQUESTED BY ELK RIVER UTILITIES. THESE LIGHTS SHALL BE PAID FOR BY THE DEVELOPERS. . ~ ex> I I I L.._ -"" ~~ """ 's;: :z :s o ." -< '$~ lK HILLS DR, N,W, 2 ~ ~ ~ 25 ~ 'T1 ~ tn Z r- (.n ~ (;) ~ ~ Nbtnm ~ ~ 11 > is C) -0 c: o VI '-.J --J > ~ ~ g Cl 0 .... D.i ~Vl""tlr- ~~~B g~~g :tmOZ ~8~~ ~~S 0'" O:<~ ~ . ffi~~ ~~~ Om ~~5 Or--1 o~;; ~~~ ~~8 >-~=<. , ~2 .". ! I . . , :> :;::0 nCJ':l :::;;:;c:: ~:; ! ~~ , -:1: ~ . ~i ..~ , ~ I il!!l; I 01 !1; ~ !i~~;~ "" ~ > el ;iI! ~:=:l::o Z""-,..., ~;:-<r- '--~ ; t ~ o JJ m < - en m o ""0 r- )> Z en '\:' . "---. ' . _uo..__. _ .._._ ;')J !tJ;. '';';?;'i'Y'':;: ,...:::; ),.:7 ~.;~ , B; ';39 / 41 " " ./ . '- - ./' . 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': !Iii I:i ;; 1'1 I; ,I :'1 1I1 o I fT1 o C r fT1 -:1..'; H:_L'; ~.= I'~ _,: , ! ~ 2 ;:Eo 2::::i -~ .., ~f ~::s= .......:.-,../'. ~:-......... !~~H~ :;~;v~ HHii - :~ .;.:: i~t! ~ ~ ~. ; . \'" . " .., " '" 4 '" ::> I Z ~o 11 ~ .~ ..~- ,':) ::> ~.~~ii~, ~ n,~ ~I t:rjo. ~~ ~iKt r.-....... ""~ C'l:l .., (jiji) @9)~ ~! ELK HILLS DRIVE 189TH AVE. 190TH CT r'l r ^ --i (.f) I :r -l ~ - ::0 Ol ~ rr1 <0 (.f) 0 rr1 .." o -l ;0 00::0 0 2:QOrr1 Z < rr1 0 :;; r'l 0 C) -l ~ Z rr1 O::o(.f) ;0 r'l -l 0 -'- r'l::O )> CO-lC 0 to 0 --l -l (J) :r 0 c! }> z ~ < r'l e ~ t ~ t o o o C) rr1 (J) ;d rr1 rr1 --i ~~ A :c J'Tl '" ~ -i (Xl )> I (Xl (;) ::UJTI"Tl r'T1rC -i^c! ~::u::u r--r'T1 ("');$j r'T1::U Z r;:j ::u \ -.f~ ~ ~ ~N~\ \-U-u-. 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K; ~~ ~m = I .. !r~ ~ u ,il IJ: iill "'1 11"1 il!!! ,-/'j'jy---.mco, I'III! "lip, ,lli/d! '/,1,"'1'1 ,i ,P!, I Ii ii1lil: 1''1'1 :If ~ ~ ~i~I!I! ~ n~:::::l ~~-M ~2g~ ...... - -. ~.. .........-......... (8 ~'I';' NU> ~~ ~, ~ I~ I~ I~ ~ ;Iiiilll:; ~ : :1:: U.I;, I I ." ,,' ;i " ~:::~~~~ ..................... I'fIn"9lTTlH; " ( ~>-III'lflll'llli~' I'.... , ~_,' :;::0 I I ,i:, ;..: . ;,; : , 1.':Qch"lfil" ~ :;iI!, -:: ~iR;!i1 ; : : ' : ~; ;~!~A~ ~ ~i,~~~~ : . i ; !l: ~ ~: g;:G- ;, ;; .: ~l :: illi!i -' City Council Minutes September 19, 1994 Page 13 ~@IPFf . dated September 19. 1994. He further indicated that the Planning Commission recommended approval with a 3-2 vote. Mayor Duitsman opened the public hearing. Mr. Lundquist, Riverview Sports, stated that both variances were necessary in order to properly advertise his business. He felt the variance should be granted due to his location from the highway, the construction currently taking place and the addition of a retaining wall. Councilmember Dietz indicated his concern regarding the setback variance. He felt the sign was too close to the road which could create a safety hazard. Councilmember Holmgren indicated that the sign is an improvement and that he would vote in favor of the request. Councilmember Farber concurred with Councilmember Holmgren. . COUNCILMEMBER SCHEEL MOVED TO APPROVE THE VARIANCE REQUESTS BY RIVERVIEW SPORTS, PUBLIC HEARING, CASE NO. V94-08, BASED ON THE FINDING THAT THE ELEVATION BETWEEN HIGHWAY 10 AND THE SUBJECT SITE IS UNIQUE AND UNUSUAL WITHIN THE CITY AND THE SERVICE ROAD ONLY AGGRAVATES THE SITUATION AND WITH THE STIPULATION THAT THE APPLICANT BE LIMITED TO TWO HUNDRED FIFTY (250) SQUARE FEET OF WALL SIGNAGE. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-1. COUNCILMEMBER DIETZ OPPOSED AS HE FELT THE SIGN SHOULD BE MOVED AT LEAST FOUR FEET FROM THE ROADWAY. 7.4, Preliminary Plat and Conditional use Request bv Elk River Develooment. Inc, Public Hearina. Case No. P 94-10 and CU 94-30 Steven Ach, City Planner. indicated that Elk River Development, Inc. is requesting a preliminary plat and a conditional use permit to develop a commercial PUD at the northeast corner of Elk Hills Drive and US Highway 169. Steve Ach stated that the developer's proposal consists of four free-standing buildings to include a mixture of retail. auto repair and a sit-down restaurant. Steve Ach indicated that staff has reviewed the following issues in relation to the proposed development plan: traffic: site plan design: proposed uses/hours of operation: parking and circulation: landscaping: building elevation/architecture: and signage. Steve Ach indicated that staff is recommending approval of a conditional use permit to approve a commercial PUD and of the preliminary plat to include four lots. Steve Ach further indicated that the Planning Commission also recommended approval. Councilmember Holmgren indicated that the development would put a greater traffic burden on the intersection of Elk Hills Drive and Highway 169. He questioned whether the developers are aware of the possibility of paying their "fair share" of any future improvements made to the intersection. Terry Maurer indicated that he has informed the developers of this possibility. . Mayor Duitsman opened the public hearing. . . . City Council Minutes September 19, 1994 Page 14 -..------ -------------........ ---..------- Bill Christian. 18847 Dodge Avenue. indicated he was present in 1990 when the Council decided that auto related businesses would not be allowed in the PUD. He indicated that he built his home in the area under this assumption and now feels that the auto business will make it more difficult to sell his home. Mr. Christian indicated his concerns relating to noise. heavy traffic. architectural design. landscaping. and lighting. Mr. Dan O'Brien. Architect for the developer. indicated that the building will be facing the highway which will eliminate much of the noise. He further indicated that there is a large amount of green space planned and the architecture of the building is such that part of it will be underground. Councilmember Scheel indicated she did not feel an auto use is compatible with a sit-down restaurant. Councilmember Dietz indicated his concern with the increased traffic on Dodge Avenue. Councilmember Dietz suggested moving the auto facility to the northern edge of the plat. Councilmember Scheel indicated her concern regarding existing residents _backing onto Dodge Avenue with the increase in traffic. Ed Wortman. 18857 Dodge Street. indicated he concurred with Bill Christian's comments. He stressed safety as there are 12 children in the immediate area. Jackie Kadrowski. 18837 Dodge Street~ stated that the intersection was very confusing. She indicated she was concerned with the increased traffic. She indicated that this is just a proposal which can be changed. She stated that the area needs City sewer and water and that she is concemed with the safety and quality of life for residents in the area. Tim Christen. 11378 189th Ave NW. reviewed the history of the area. He indicated that there is too much traffic for the road and the intersection. He suggested that the Council not grant the conditional use permit until a traffic plan for the area has been devised. There being no further comments. Mayor Duitsman closed the public hearing. Councilmember Farber indicated that the traffic pattern should be reviewed in this area before it gets worse. Mayor Duitsman indicated he would like to delay action until a traffic study is completed and presented to the City Council. COUNCILMEMBER HOLMGREN MOVED TO CONTINUE ANY ACTION ON THIS ISSUE UNTIL THE OCTOBER 17, 1994. CITY COUNCIL MEETING SO THAT A TRAFFIC STUDY CAN BE PRESENTED TO THE CITY COUNCIL PRIOR TO A DECISION BEING MADE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. r ~ -~ Eli?: River 'SNDA ITEM 7. 4 MEl\10RAND UM ~@A\ 'If ~jP TO: MAYOR AND CITY COUNCIL STEVEN B. ACH, CITY PLANNER~t1- SEPTEMBER 19, 1994 FROM: DATE: 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 / LAND USE PUD (Planned Unit Development) / 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) fi-ee 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 .ge, 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. 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 / 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. erdev.council CC, Elk River DevelUpment 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: 1.c. 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 final 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 PREP ARED 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 SHOvVN 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. erdev.council CC, Elk River Development September 19, 1994 Page 5 D. ALL OTHER ELEMENTS SHOWN ON THE PROPOSED SITE PLAN BE INCLUDED AND MADE PART OF FUTURE APPROVALS. E. TERMS AND CONDITIONS FOR ADMINISTERING DEVELOPMENT OF THE PUD . 2. ALL FUTURE SITE PLAN PROPOSALS BE REVIEWED THROUGH THE CONDITIONAL USE PERMIT PROCESS. 3. ALL COMMENTS YVTTHIN 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 C!)NSIST OF: A. ONE MONUMENT STYLE SIGN IDENTIFYING THE DEVELOPMENT YVTTH A MAXIMUM HEIGHT OF TWENTY (20) FEET AND A YVTDTH OF FIFTEEN (15) FEET. B. ONE MONUMENT STYLE SIGN IDENTIFYING THE RESTAURANT YVTTH A MAXIMUM HEIGHT OF TEN (10) FEET AND AREA OF ONE HUNDRED (100) SQUARE FEET. C. WALL SIGNAGE CONSISTING OF INDIVIDUAL LETTERS YVTTH 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. 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 YVTTH AN EMPHASIS OF CONIFERS ALONG THE EAST PORTION OF THE PROPERTY YVTTH A VARYING SIZE OF SIX TO EIGHT (6-8) FEET. ALSO, ADDITIONAL LANDSCAPING BE INCLUDED YVTTHIN THE LANDSCAPED AREA ALONG HIGHWAY 169. 9. A LANDSCA?ING 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. erdev.council ee, Elk River Development September 19, 1994 Page 6 11. UNDERGROUND IRRIGATION BE UTILIZED THROUGHOUT THE DEVELOPMENT. 12. PROPOSED BUILDINGS ESTABLISH ARCHITECTURAL CONTINUITY AKD 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 SUBDI\TIDE APPROXIMATELY SIX (6) ACRES INTO FOUR (4) COMMERCIAL LOTS WITH THE FOLLOVV1NG 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. NECESSA..RY 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. erdev,council