7.12. SR 01-23-1995
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ITEM 7.12.
River
MEMORANDUM
TO:
MAYOR AND CITY COUNCIL
STEVEN B. ACH, CITY PLANNER-:I}j/L--
JANUARY 23,1995
SUBJECT: REQUEST TO OCCUPY AUTO MALL
PRIOR TO COMPLETING
IMPROVEMENTS TO CARSON STREET
AND ON-SITE PARKING LOT
FROM:
DATE:
BACKGROUND
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On August 1, 1994, the City Council approved a Conditional Use Permit to
Elk River Auto Mall L.L.C. to construct a 19,000 square foot auto mall at the
north end of Carson Street. One of the conditions for approval was to widen
the south end of Carson Street by including a right-hand turn lane. This
improvement was recommended by Terry Maurer as a result of a traffic study
prepared by Benshoof and Associates, Inc. The traffic study indicated that
the additional commercial business along Carson Street would generate
enough traffic to warrant certain improvements at the intersection of Carson
and Main.
Another condition of approval was that the improvements be "completed prior
to occupancy of the proposed businesses". Mr. Weicht's request (see attached
letter) is actually two-fold: (1) allow the businesses to open prior to Carson
Street being completed; (2) allow the businesses to open without completing
the paving of their parking area. As staff discussed this request, there was
no recollection of commercial projects in the recent history that have been
able to occupy a building and operate a business prior to completing all
parking lot improvements. However, in this particular case, paving of the
parking lot probably is less of a concern than the requested improvements to
Carson Street.
Mr. Weicht's request would allow the businesses to operate for approximately
1-1/2 to 2 months without Carson Street being completed. This is relatively
a short period of time and on the surface may not present much of a problem.
_ However, if the businesses open and begin generating the expected additional
13065 Orono Parkway · P.O. Box 490. Elk River, MN 55330. (612) 441-7420. Fax: (612) 441-7425
Memo to Mayor and City Council
January 23, 1995
Page 2
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traffic while construction is occurring, this may only compound what has
already been determined as a traffic problem.
The last issue relative to this matter has to do with the timing of the
improvements and making sure that the Carson Street improvements are
done in a timely fashion. One way to accomplish this as suggested by Mr.
Weicht is for a financial guarantee to be posted, assuring that Carson Street
will be completed in accordance with the plans as approved the City. Staff
would certainly be receptive to receiving said guarantee, however, there is
still a concern with the amount of time between when the businesses actually
open and when the improvements are finally completed.
RECOMMENDATION
In light of the amount of discussion that took place at both the Planning
Commission and City Council meetings regarding the traffic on Carson and
Main Street, staff would prefer to see the improvements completed to Carson
Street prior to occupying any of the buildings within the auto mall. This
recommendation would be consistent with Condition #3 in the approved
conditional use permit. (See attached)
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00000000000000000000 P.02
Telephone:
ELK RIVER AUTOMALL
P. O. Box 368
Elk River, Minnesota
(612) 441-4112 Fa~:
55330
(612) 441-5176
LLC
January 11, 1995
City of Elk River
13065 Orono Parkway
Elk River, Minnesota 55330
Attention: Mr. steve Ach, City Planner
Dear Steve,
Re: Elk River Automall
As per our conversations, I am writing to officially request
an early occupancy for this project. We are requesting to
open for business prior to the completion of the street
improvements.
The reason for this request is that all of the outside work
cannot be completed until the weather will permit it.
The businesses would like to take occupancy in March and be
open for business in April. I feel we cannot do the street
improvements until about the first part of May. That is when
the road restrictions are typically lifted.
We are looking for a workable compromise.
Thank you.
~
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John C. Weicht
Partner
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301480
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STATE OF MINNESOTA
CITY OF ELK RIVER CITY COUNCIL
COUNTY OF SHERBURNE
CONDITIONAL USE PROCEEDINGS
CITY OF ELK RIVER
In the matter of: Darkenwald Family Partnership
Request: A conditional use permit to construct a
15,400 square foot automobile repair facility
in addition to having multiple buildings on
one parcel, Case No. CU 94-11
ORDER GRANTING
CONDITIONAL USE
Darkenwald Family Partnership, Owner
The above entitled matter came to be heard before the City Council on the 1 st
day of August, 1994, on a petition for a Conditional Use pursuant to the City of Elk River
Zoning Ordinance, for the following described property:
See Attached Exhibit A
IT IS ORDERED that a Conditional Use be granted as upon the following conditions or
reasons:
1. ALL OF TERRY MAURER'S COMMENTS OUTLINED IN MEMOS DATED APRIL 15, MAY 19,
AND JUNE 16, 1994, BE MADE PART OF THE REVISED PLANS IN THIS CONDITIONAL USE
PERMIT.
2. AN INCREASE OF LANDSCAPING (CONIFERS) BE PROVIDED ALONG THE WEST
PROPERTY LINE TO ESTABLISH A BUFFER BETWEEN THE TWO LAND USES.
1/1- 3.
NECESSARY IMPROVEMENTS TO CARSON AND MAIN STREET BE COMPLETED PRIOR ~
TO OCCUPANCY OF THE PROPOSED BUSINESSES. ..".,
4. ONE MONUMENT STYLE SIGN IDENTIFYING THE PROJECT AND TENANTS WITH A
MAXIMUM HEIGHT OF 24 FEET BE ALLOWED.
5. WALL SIGNAGE CONSISTING OF INDIVIDUAL LETTERS WITH SIZES AS PRESENTED BY
THE DEVELOPER BE PERMITTED.
6. NO OUTDOOR STORAGE OF MERCHANDISE OR AUTOMOBILE PARTS.
7.
HOURS OF OPERATION BE AS FOLLOWS:
AUTO SERVICE MALL - M-F 7:30 A.M. - 6:30 P.M.
SAT. 7:30 A.M. - 6:00 P.M.
SUN. 10:00 A.M. - 5:00 P.M.
OTHER BUSINESSES - 8:00 A.M. - 11:00 P.M. 7 DAYS PER WEEK
10.
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301480
CONCRETE CURB AND GUTIER BE USED THROUGHOUT THE ENTIRE PARKING AREA.
ADEQUATE TRAFFIC CONTROL/LANDSCAPE ISLANDS BE INCORPORATED INTO THE
PARKING AREA AND MADE PART OF THE IMPROVED SITE PLANS.
NO SIGNAGE BE ALLOWED ON THE WEST ELEVATIONS OF ANY OF THE BUILDINGS.
TRASH ENCLOSURES BE PROVIDED WHICH ARE LARGE ENOUGH TO CONTAIN ALL
REFUSE COLLECTION AND RECYCLING ITEMS, AND BE SCREENED FROM PUBLIC VIEW.
UNDERGROUND IRRIGATION BE PROVIDED THROUGHOUT ALL LANDSCAPED AREAS.
PROPOSED LANDSCAPING MEET MINIMUM SIZE REQUIREMENTS AS STATED IN THE
ORDINANCE.
ALL RETAINING WALLS BE CONSTRUCTED WITH A DECORATIVE BLOCK MATERIAL.
REAR DOORS ON JR TECH'S BUSINESS REMAIN CLOSED DURING NORMAL BUSINESS
HOURS EXCEPT FOR MOVEMENT OF VEHICLES IN AND OUT.
PAYMENT OF $600 PER ACRE FOR TRUNK STORM SEWER IMPROVEMENTS BE MADE
PRIOR TO ISSUANCE OF A BUILDING PERMIT.
NO DAMAGED OR WRECKED AUTOMOBILES BE STORED OUTSIDE OVERNIGHT.
UNDAMAGED VEHICLES MAY BE PARKED OUTSIDE AT A MAXIMUM PERIOD NOT TO
EXCEED 48 HOURS.
THAT A CHAIN LINK FENCE BE CONSTRUCTED TO SECURE THE AREA BEHIND THE AUTO
SERVICE STORE AFTER BUSINESS HOURS, IF DETERMINED NECESSARY BY THE CHIEF OF
POLICE.
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DATED this L-day of v<=1 ,1994.
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