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7.6. SR 02-27-1995~ r `~ ITEM 7.6. ~~ 'ty of ~~ MEMORANDUM River TO: Mayor and City Council lk • FROM: Steven B. Ach, City Plannex DATE: February 27, 1995 SUBJECT: Preliminary Plat by Country Ridge Partnership, Public Hearing Case No. P 94-14 Issue Country Ridge Partnership is requesting a preliminary plat to subdivide approximately 37 acres in to 31ots, with the balance being platted as an Outlot. Location • The southwest corner of Highway 10 and Joplin Street alignment (immediately west of County Fairgrounds). Zoning/Land Use BP (Business Park) / LI (Light Industrial) Attachments Draft minutes of the Planning Commission meeting dated January 24, 1995, report to the Planning Commission dated January 24,1995. Overview The proposed preliminary plat is the first of several phases that will occur in developing the planned business park between Joplin and the County Government Center. With the next phase of the public improvements extending westward, additional business park property is currently available west of the County Government Center and Waco Street. Country Ridge Partnership's request involves platting the extension of Joplin • Street from Orono Parkway to Highway 10, the beginning of a frontage road 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 • extending west of Joplin that will eventually be extended to Waco Street, and providing right-of--way for the ultimate extension of the frontage road east of Joplin connecting with Orono Road. Two of the three lots proposed in the preliminary plat have development plans that have been submitted to the City for review. The first, is a 20,000 square foot convenience center on Lot 1, Block 1, and the second, a 30,000 square foot two story office building on Lot 1, Block 2. It is anticipated that Lot 2, Block 1, will be utilized as another commercial business such as a sit down restaurant. Outlot B to the south of Business Center Drive, will be replatted in the future in a manor that will accommodate perspective users. One concept that could occur is the extension of a cul-de-sac south of Business Center Drive to access approximately 71ots, with two additional lots being created along Joplin Street. The minimum lot size in this business park zoning district is 1-1/2 acres. All three of the lots exceed this minimum requirement, and are therefore acceptable. Park and Recreation Recommendation • The Park and Recreation Commission reviewed the preliminary plat at the January 11th meeting. Although park dedication is not typically collected on industrial plats, the Park Commission felt that given the commercial elements included in this development, park dedication should be collected on those lots dedicated to commercial uses. The Park Commission recommended a cash payment based on the commercial rate of $1,500 dollars per acre for all three lots. In the future, if lots are created for a commercial use, park dedication would be collected; and for those lots that are developed as industrial, no park dedication would be required. Sidewalk vs. Trail Another issued discussed by the Park and Recreation Commission related to improvements for pedestrians along Business Center Drive. It was recommended a ten (10) foot wide bituminous trail or an eight (8) foot wide concrete sidewalk be provided along the south side of Business Center Drive. In addition, the Business Park Task Force also had an opportunity at a previous meeting to emphasize the need to establish a professional and quality image for the Business Park. Therefore, the Business Park Task Force felt that a concrete pedestrian system would provide a better appearance than a bituminous trail along Business Center Drive. :7 s:council:p94-14 • Staff would agree with a concrete pedestrian system along Business Center Drive. In terms of width, the standard sidewalk width typically constructed with a public improvement is six (6) feet. Therefore, treating this road similar to other public streets that have sidewalks, it would be recommended that the pedestrian system be a six (6) foot wide concrete sidewalk. Planning Commission Recommendation The Planning Commission recommended approving the preliminary plat with the conditions set forth in staff's memo dated January 24, 1995. The one modification the Planning Commission recommended related to park dedication requirements for the preliminary plat. The Planning Commission felt that the underlying land use of light industrial indicates that no park dedication payment should be required and that the current ordinance does not specify a park dedication requirement for business park use. In exchange for not requiring any park dedication, the Planning Commission recommended that an eight (8) foot wide concrete sidewalk along the south side of Business Center Drive be installed as opposed to the recommended 6 feet by City staff. In addition, the Planning Commission suggested amending the City's park . dedication ordinance to address business park uses. Recommendation It is recommended that the City Council approve the preliminary plat for Country Crossing Business Center with the following conditions: 1. All comments in the City Engineer's memo dated 1/19/95 be incorporated into the revised preliminary plat drawings. 2. Coordination with U.S. West to establish a corridor along with the construction of Joplin be accomplished. 3. A decorative street light be installed along Joplin and Business Center Drive. This street light detail shall be coordinated with Elk River Utilities and the City Engineer during the preparation of plans and specifications. 4. Payment of park dedication in the amount of $1,500 per acre for the two lots being proposed along Highway 10 in this preliminary plat. This park dedication shall be paid prior to the release of final plat for recording. • s:council:p94-14 • 5. A surface water management fee in the amount of $720 per acre be paid prior to the release of the final plat for recording. This fee shall apply to only the three lots being created at this time. Future payment will be based upon the City's rate at the time of final plat. 6. A developer's agreement outlining the terms and conditions for the public improvements associated with the proposed preliminary plat be prepared and executed prior to the release of final plat for recording. 7. Outlot A be deeded to the City prior to release of final plat for recording. 8. Appropriate permits from Mn/DOT be obtained for any work within the right-of--way. 9. Restricted access along Highway 10 be included on the final plat. 10. Appropriate easements for drainage and utilities be provided as requested by Elk River Utilities and City Engineer. 11. A six (6) foot sidewalk be provided along the west side of Joplin and • south side of Business Center Drive. 12. A ten (10) foot wide trail will be constructed along the east side of Joplin up to Highway 10. The developer is responsible for providing the base material for this trail. 13. Outlot D be deleted and made part of Lot 2 and encumbered by a drainage and utility easement. 14. Outlot C be deeded to the City to accommodate drainage and utility needs and US West improvements. 15. Water Availability Charge in the amount of $300.00 per lot be paid to Elk River Utilities prior to release of final plat. 16. Seal coating fee in the amount of $2,741.00 be paid to the City prior to releasing the plat for recording. • s:council:p94-14 J ~ .~; w~ ~ O ,j.. ~ V w~ J oq ~~ F. ~. _~ %a s Qm ~ u~ ~-~ Fd~ ~ "fin Sa o ~ °i :~YSs 1 ~i/ -l s rs T ^5 ~$ e m° ~ k q I I . ;:sue C• ~ J 1 o Ea-E f U F ~-cb ,e ~ ti 4 B Y: -4F Q„e~ 8 a :~~,~ 3 x a? m'~~ A ~~ ul W I>I ~ ~ I : I ~ I `'` I \ IlI W ~ I I _ rn„ ~ . J._.. < ~ aw n F a s i p nn- I O ~~vp • Tti. ~ ry - p ,~~d. q I ; ~oMy~P q'q _ ~ w6K W R SRRE :m" ,q~qd ~ ~ '°\ o . r\ .q / ~' \ N.I (/~ ~ ~ ' ~ I I ~MJ \. s}, I ~\ \ ~ ! ~ 1 ~: ~1 $ 1~ ; ~ y~l ~ ~ I I ~~ =jriy ~ I ~y 1, 8 ! ~ I r4 wary -~';.o.nor -1 I , ( ~1 i S I _I 1 I~ >sl a 'p~ t N ~ ~ Y,{J III 11 I ~ lp ______ R 8i/~ I ~ 1 aT2 1.gpAV~ (\ ~^ O >~ I 8 c i S'' II I ' ~I f L ~~ «n I I Ala I ~.._._-_. _ I I I O I ~ I V ~ I d ~ N Q N m ~I~ O ~ {~ 5 ~ _ I F'= :. r I '.n ~s .r, w r/i ~. ~ , .~.~ w.a 9 .LO7ll70. . I ._.._. q _If'N 139N~S NfldOf ,S _ y-'pR ~8~ - O f i , fhb ! _ d? 'wod'-- ~f ~ x ne. I :emu Ivrn f____-_-_____~____ i ________ B ~~ ~ 3 . . i I I a p~.1',j '.f I n$ I r~O I I I ~ I ~ E I .~.R I ^nl wl I I I I g ~ 6 •1 I 5 ~' I I . I I ', I t ; I R ._: ~ 1 V tl I ~ ~8eJ `_: '. . ; a=s~ ~ I ~ I i / / ~Y _ ~ . , : I f_____________ J la ~ ~h/ a ~ - 1 I j a ~ I I +l I ' I •• I I der ~ y I ~ 8I ~ '~` I - ~ i i I ~. . ° a ~ S _ I _ I ~ '~ 1 I I I 1 1 f i I {-- ' I I j '-• I I« I Nr<o _________________J -- +giea als.sc.os --~ -~ I T I _~ I I I - I I I I T. • ~~r ~~ ~~ `ity of ~~ lk • River TO: FROM: DATE: MEMORANDUM PLANNING COMMISSION ITEM 5.5. STEVEN B. ACH, CITY PLANNEI~;~~p JANUARY 24, 1995 SUBJECT: PRELIMINARY PLAT BY COUNTRY RIDGE PARTNERSHIP, PUBLIC HEARING CASE NO. P 94-14 REQUEST Country Ridge Partnership is requesting a preliminary plat to subdivide approximately 37 acres into three (3) lots and two outlots. LOCATION The southwest corner of Highway 10 (immediately west of County Fairgrounds). ZONING/LAND USE and Joplin Street alignment BP (Business Park) / LI (Light Industrial) ATTACHMENTS Location Map, Zoning Map, Land Use Plan Map, Memo from Terry Maurer dated 1/19/95, Preliminary Plat, Utility Plan and Grading Plan. OVERVIEW The proposed preliminary plat is the first to actually encompass land that has been targeted for business park purposes. This first phase includes three lots, 2 of which are slated for traditional commercial uses, and the third planned for. atwo-story professional office building. The balance of the property will remain in an outlot until a specific user comes forward and necessitates the need to further plat the property. However, the outlot has • been conceptionally subdivided in accordance to the Business Park zoning 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Memo to Planning Commission Page 2 January 24, 1995 --------------------------------------------- ordinance. This concept accomplishes one of the goals in developing this • property as business park which was to restrict access onto 183rd Avenue. 183rd Avenue~is intended to be a residential street and was not designed to accommodate business park traffic. LOT SIZES The minimum lot size in the business park zone is 1-1/2 acres. All three lots well exceed this minimum requirement. As mentioned above, the lots identified in the conceptual subdivision of Outlot B also satisfy the minimum requirements. ROADS The preliminary plat as submitted identifies two major streets, Joplin along the east and Business Center Drive .acting as a frontage road towards the west. The one street not shown on the plat is the frontage road as it extends east of Joplin. Therefore, provisions will need to be made for the extension of this street at a later time. The alignments of the proposed streets in the preliminary plat are generally ~- acceptable. However, the City Engineer has completed a study of the entire '~ Business Park area to determine the total number of trips that may ultimately be generated, from which he has suggested a few modifications to the design presented in the preliminary plat. The Joplin Street and Business Center Drive alignment along with the appropriate amount of right-of--way is critical to facilitate long term traffic demands as this area develops. Please refer to Terry Maurer's memo for a complete explanation of the street design for those streets within the plat and how they may be extended further to the west as the business park continues to develop. PARK AND RECREATION RECOMMENDATION The Park and Recreation Commission reviewed the preliminary plat at the January 11th meeting. The Park and Recreation Commission indicated that park dedication is not typically collected on industrial plats, however, the business park zone offers both industrial and commercial opportunities. Therefore, based on the uses proposed at this time which are all commercial in nature, the Park and Recreation Commission recommends a cash payment based on the commercial rate of $1,500 per acre for all three lots. In the future, as Outlot B continues to be further subdivided, if there are additional commercial uses, a park dedication fee will be collected. On the other hand, if the balance. of Outlot B is developed as industrial, there will be no park • dedication collected. s:planning:pc: P94-14 Memo to Planning Commission January 24, 1995 --------------------------------------------- Page 3 • SIDEWALK VS. TRAIL Another issued discussed by the Park and Recreation Commission related to improvements for pedestrians along Business Center Drive. It was recommended a ten (10) foot wide bituminous trail or an eight (8) foot wide concrete sidewalk be provided along the south side of Business Center Drive. In addition, the Business Park Task Force also had an opportunity at a previous meeting to emphasize the need to establish a professional and quality image for the Business Park. Therefore, the Business Park Task Force felt that a concrete pedestrian system would provide a better appearance than a bituminous trail along Business Center Drive. Staff would agree with a concrete pedestrian system along Business Center Drive. The standard sidewalk width that is typically constructed with a public improvement is six (6) feet. Therefore, treating this road similar to other public streets that have sidewalks, it would be recommended that the pedestrian system be a concrete six (6) foot wide sidewalk. RECOMMENDATION It is recommended that the Planning Commission recommend approval of the r preliminary plat for Country Ridge Partnership's request to subdivide '`~, approximately 37 acres .into 3 lots and two outlots with the following conditions: 1. All comments in Terry Maurer's memo dated 1/19/95 be incorporated into the revised preliminary plat drawings. 2. Coordination with U.S. West to establish a corridor along with the construction of Joplin be accomplished. 3. A decorative street light be installed along Joplin and Business Center Drive. This street light detail shall be coordinated with Elk River Utilities and the City Engineer during the preparation of plans and specifications. 4. Payment of park dedication in the amount of $1,500 per acre for the three lots being proposed in this preliminary plat. This park dedication shall be paid prior to the release of final plat for recording. 5. A storm drainage impact fee in the amount of $720 per acre be paid prior to the release of the final plat for recording. • s:planning:pc:P94-14 Memo to Planning Commission Page 4 January 24, 1995 --------------------------------------------- 6. A developer's agreement outlining the terms and conditions for the • public improvements associated with the proposed preliminary plat be prepared and executed prior to the release of final plat for recording. 7. Outlot A be deeded to the City prior to release of .final plat for recording. 8. Appropriate permits from Mn/DOT be obtained for any work within the right-of--way. 9. Restricted access along Highway 10 be included on the final plat. 10. Appropriate easements for drainage and utilities be provided as requested by Elk River Utilities and City Engineer. 11. A six (6) foot sidewalk be provided along the west side of Joplin and south side of Business Center Drive. 12. A ten (10) foot wide .trail be provided along the east side of Joplin up to Highway 10. r~ s:planning:pc: P94-14 i I'IlISI1,1'111~ E-f11EERti 1326 Energy Park Qrive January 19, 1995 File: 230-259-11 St. Paul, MN 55 } 08 612-bd4-4389 1-804.888-2923 Mr. Steve Ach Faz; 612-644-9446 Clty Planner City of Elk River 13065 Orono Parkway P.O. Box 490 Elk. River, IvIlq 55330 RE: COUNTRY CROSSINGS BUSINESS CENTER PRELIMINARY PLAT AND SHOPPING CENTER Dear Mr. Ach: CIVII ENGINEERING: ENVIRONMENTAL As requested, we have reviewed the information submitted for the Country Crossings MUNICIPAL Business Center preliminary plat and the shopping center proposed on Lot 1 Block 1. The ~LANN+NG information we received relative to the plat consisted of a preliminary plat, Preliminary SOLIC VdASTE Utility Plan, and Preliminary Grading Plan, all prepared by Jahn Oliver and Associates, STRUCTURAL and dated December 27, 1994. For the proposed shopping center, we received a suRVErINC Preliminary Site and Utility Plan and Preliminary Grading. Plan also prepared by John TRAFi=1c Oliver and Associates, and dated December 27, 1994. Ill addition,. we received a TRANSPORTAT~oN Comprehensive Drainage Study for the area, again prepared by John Oliver and Associates, dated December 23, 1994. Based on our review of these documents, we would offer .the ELECTRICAUMECHANICAL following comments: ENGINEERING: HVAC A. PRELIlVIINARY PLAT FOWER DISTRIBUTION s;:ADA The major issue concerning the preliminary plat is the alignment of Business Center svrEM coNTROLS Drive and the right-of-way widths for the eastern portion of Business Center Drive and thenorthern .portion of Joplin Street. On the west..end of Business Center Drive, .the right-of--way alignment intersects with the west plat boundary at a jog. in the 1\SnDOT right-of--way. In other words, if the right-of-way were continued .westerly from the. plat boundary, it would be partially within MnDOT right-of :way because theright-of--way is wider west of this proposed plat. Therefore, we would recommend that the alignment of Business Center Drive be brought slightly farther to the south so that the north right-of--way line of Business Center Drive aligns with the south right-of--way line of TH 10. OFFICES IN: MINNEAPOLIS PRIOR IAKE ST. PAUL WASECA 230/259-1905.jan Mr. Steve Ach January 19, 1995 Page Two At the east end where Business Center Drive intersects with. Joplin Street, there is approximately 2'75 feet from the south TH 10 right-of--way to the .centerline of Business Center Drive. We believe that this distance is too short and would not adequately allow far traffic movements along this section of Joplin Street. Therefore, we would recommend that Business Center Drive be moved a minimum of 50 feet south where it intersects Joplin Street, to increase distance between the intersection of Business Center Drive and Joplin and the intersection of TI3 10 and Joplin. An analysis undertaken by the City relative to road widths in this area would indicate that Business Center Drive as it meets Joplin Streetwill be five lanes wide, two lanes westbound and three lanes eastbound, requiring a minimum right-of--way width of l00 feet. Also, Joplin Street as it approaches Business Center Drive and then carries northerly to TH 10 wily also be five lanes wide and also require aright- of-width of 100 feet. The remainder of the right-of--way widths within this plat are adequate at 80 feet wide. It is recommend that Outlot A within the plat be dedicated to the City. This will i allow its use for drainage purposes and potentially, in the future, the extension of a roadway easterly from Joplin Street to Orono Road. At the southeast corner of this plat, the right-of--way width is shown as 97.17 feet. It appears that this dimension is incorrect and should be 96.5 feet. The Preliminary Grading Plan for the plat shows a berm along the entire west side of Joplin Street. We would recommend that berm not be arbitrarily placed here, but be designed into each lot after consideration of traffic movement and driveway locations. B. COUNTRY CROSSING SHOPPING CENTER The proposed shopping center shows aright-in only entrance off of Joplin Street. We see no problems with this type of approach; however, we would recommend that it be moved slightly further south to maximize the distance from TH 10, .and that it also be slightly redesigned with a narrower width and perhaps a sharper curve to preclude any opportunities for vehicles to exit onto Joplin Street from this entrance. We question how the drive-thru traffic utilizing the gas station will operate. Currently, if a vehicle were to enter off of Joplin Street and access the pumps, they would be headed directly toward an exit onto Business Center Drive. The design of this roadway will include a median down the center which. will make. this entrance aright-in/right-out only. Vehicles wanting to get hack to Joplin Street will 230!259-1905.jan • 1VIr. Steve Ach January 19, 1995 Page Three be unable to do so from this access onto Business Center Drive. This may lead to movements of traffic behind the building in the loading zone or trying to turn around in the pump locations. We believe it may be better to turn the pump islands so that they aze perpendiculaz to the store entrance, allowing vehicles to come in and be directed toward the store after fueling. They could then leave along the northern portion of the store accessing the westerly entrance and exit to Business Center Drive which will allow left turn movements. We have been unable to come up with a reasonable flow of traffic around the drive- up window location. If there is any substantial amount of vehicles accessing this drive-up window at any time, they will interfere with normal traffic and pazking movements in the remainder of the lot. We would recommend that this issue be further evaluated and, at a minimum, a concrete median be placed to define the drive-up lane adjacent to the building. There is also a concern for vehicles leaving the drive-up window location, as they exit onto Business Center Drive and conflict with vehicles entering at that location, since they have to cross the entrance lane of traffic. Utilities are planned along 7oplin Street as part of the current contract the City has for the Western Area Phase II improvements. These utilities have not been constructed yet, so it will be relatively easy to modify their locations to correspond with the layout of this plat. There are no utilities planned for Business Center Drive yet, so these will need to be constructed as part of a change order or by the Developer. The Fire Chief has reviewed the layout of water servicing the site and fias asked for the two hydrants on the north side of the building be relocated to the islands in the center parking lane, and has also asked .for the hydrant shown on the south side of Business Center Drive to be relocated to the north side for easier access in the case. of a fire at the shopping center. The final issue with utilities is the need for a water loop. Currently, the plat as it is proposed would not provide for looping of the watermain. Consideration may need to be given to whether or not the water system needs to be looped immediately to service this area. Certainly, in the long range .plan as .this area further develops, there will be several opportunities for the loop of watermain as utilities aze extended both westerly and southerly. The Fire Chief has requested that the service drive behind or south of the building be expanded to a minimum of 20 feet in width at all locations. This will provide adequate width for this to be used as a fire lane. The Grading Plan shows. a series of spot elevations along the eastern portion of the -gas station island area. These appear to be misstated and should be reviewed and revised accordingly. z~oru9-i9os fan Mr. Steve Ach January 19, 1995 Page Four C. STORM DRAINAGE The storm drainage plan submitted by the Developer consists of a series of small .ponds spread throughout the proposed plat that are intended to restrict the runoff from the site to its current rate. Runoff currently leaves the site through a 24-inch diameter culvert under TH 10. The intent of the Drainage Plan is to continue to utilize this existing culvert to its fullest extent. At this point in time, it is difficult to give definitive comment on the Storm Drainage Plan because the City has just authorized a Comprehensive Drainage Plan for the entire western area of the City. We would indicate, however, we are somewhat negative on the layout of the ponds in this development, since they overlap drainage and utility easements. In other words, these easements in a storm situation would be flooded and virtually. useless for telephone, electric, or cable installations that. are above .ground. We would like to reserve final comment on the Storm Drainage Plan and the layout of the ponds until we have been able to complete our preliminary analysis of the overall western area which should be accomplished prior to this plat being submitted to the City Council. We would indicate, however, that the concept is reasonable and we do not believe that the issue of final layout of the storm drainage system should be reason • to hold up the progress of this plat. If you have any questions regarding any of these comments, please call. Sincerely, MSA, CONSULTING ENGINEERS Terry J. surer, P.E. TJM: tw • 230/259-1905.jan • • _ . f ~~1f~.'. .......... . .. ••~ • ... .'LAKE.'.'.'..'.'.'.'.O.' ... .'.'.'.'.'.'.'.'. • ........ ....'.~RONQ,•,•.•.•,•.•.• ... . . ~. ~'....... .. ..... ,i. .... .. F. .•... .....,.. ,, '.'.'.'. • 1 W r 1 <,, r,r, ........... o ; ..:......... a ~ .......'L:AKE`. = oAp R c<vnarr ~ !r'•~'si '~' COUNTY V ~ SJI (t!A:: llir' ',:,:,: ' COURT t CITY .~ '. . ' PUD ~. CkOi!NUS 1 t ply. ... . 1 ~, ~ ~, a ~~ war 1 ' _ CAW. i Nun U t .~, 4 1 1' ti ? ~ 9 Z' '~E{ ' 4 , ^ V`~N.. . R1c ; ~'' N I ~ ~ ~3 3 i~ <.V 1 1 ' ~ FT NTY 1 ~' :'glsx - ~~ ~s r i~ l;l {i" ~ ;-1 - t .t t .~ ~ ;, l - ~~ , /- 1 K W ~` J 16 1 is {~ Y \` , .. 2 '72.'7 t ;"......... ii ~^ ` .. , a fl ... ... . •• - .... 0, ,' ..... tU~l i h .......... .•,-.•••••_•.•••• ....'Rtv~q ..'.... ...... .......... . ZONING MAP • Of ;a P 94-14 0 ,. 40,0 1~06~ Orono Pte, ;~wav • F?k ~ l' LI '----'-. _ _..._. .y. i 9pr C~MP~EH~NS~V~ LAID t~SE SAP HR High Density Residential P CB Central Business OS HB Highway Business A Ll Light Industrial ~ M! Medium lndustria! MR Cityiiof ~i~ Public Open Space Agricultural Low Density Residentia! '?~ Medium De~slty Residentia! CASe ~ 94-14 ~~j~~' P.O. Boz =90 • U06~ Grano Pa:kwav • Pik Rive;, tylN >j~30 • (6IZ) "-~-'.1-74'?0 JQ(~ Z ~ 1995 ~`NNESOrq ~-° yo .: .~ ~ stir 5~ OF TKP~ January 17, 199u Mr. Steven B. Ach City Planner. P.O. Box 490 Elk River, MN 55330 Dear ..Steve: Minnesota Department of Transportation District 3 1991 Industrial Pk. Rd. Baxter, Minnesota 56401 Quality Service Through Individual Commitment RE: C.S. 71.02 (T.H. 10) .COUNTRY CROSSING BUSINESS CENTER (z18) 82s-24so As requested, .our engineering staff has reviewed the preliminary plat for Country Crossing Business Center. In response, we offer the following comment: The Business Center Drive appears to encroach on T.H. 10 right of way. We do not advocate. this type of encroachment. We would need to have justification why the service road could not be located farther from T.H. 10 before con- curring with this proposal. It would also be beneficial to see what the plans are for the extension of this service road beyond this plat. Thank you for the opportunity to comment. Should further questions or concerns arise, feel free to call Si~erely, Anthony J. 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Z ~ 5 i ; g € E ~ ~ ~ a ~ T ~ I ~ Y ~ ~ i3 ~ ~ Y E S T- ~i H3 a ~~ ~ ~a O ~ 3 (~~jJ ~ a ~ 1 ~' ~ ~I ~+' E E ~~ N ~ ~ i~ i.y ~I. 1 , e M ~,~ ~ 1_\ ~ ~• ~3 ~ 1 ~ ~ -,» 3 L N ~ Z ~- C ~ ~- O ~ emgg W a. dh E n .[ ` a ~~ s ~ ,\ ,, ~~I~~ iii i~ ~ ; ~~ ~ a ,~ ~i, /~ \\ r ~ ~~ ', ~ ,y ~ 1 1 ~ f~ _ ~ ~~ ~1 ~ ~~~ ~~-1, r--- ~ ~ ', '~ i '1 I Y ~ \ ~ I \ \`` {~ ~\\ ~ \`~\ s ~_~-_ -- ~' ~~;:_: ,~;~ ~ ,~,~~ ,_. ,1=: 909 b66j ZO~L0~80 LZ gad ail Ntlld9-9B\E' '9\S9NIMtltlO\ ;~C~ ~ ~ ~ i Feb-23-95 16:38 P.02 TERPSTRA, BLACK, BRANDELL, KAMINSKY & HOFFMAN ATTORNEYS AT LAW JOHN W. TERPSTRA 913 MAIN STREET WALTER M. KAMlNSKY RONALD G. BLACK ELK RIVER, MINNESOTA 55330 JOHN C. HOFFMAN KIM E. BRANDELL (612) 441-7040 JEFFERY J. JENSEN February 23, 1995 ELIZABETH K. MOORE Mayor Hank Duitsman City Hall Via Facsimile 441-?425 13065 Orono Parkway Elk River, MN 55330 Re: Joplin Crossings Preliminary Plat and Street Alignment to Highway 10 Dear Mayor Duitsman and Council Members: I am writing as representative of Central Rivers Cooperative, a Minnesota corporation. Central Rivers is a lessee of commercial property located at 13374 Highway 10, Elk River, Minnesota. The fee owner of the property is Federated Co-ops, Inc., a Minnesota cooperative with offices located in Cambridge, Minnesota. For purposes of this letter, you may assume that the interest of Central Rivers and Federated are aligned. My client is the adjacent property owner to the commercial development being proposed at Joplin . Crossing Mall. My client has previously expressed concern regarding the alignment of Highway 10 and Joplin Street. My client's principal source of patronage comes from eastbound Highway 10 patrons who access my client's business from County Road 12, also known as Old Orono Road. It has been our understanding that realignment of the intersection could potentially cut off my client's patronage from eastbound Highway 10 due to the placement of a cul-de-sac on Old Orono Road. On February 23, 1995 my client met with City Engineer Terry Maurer, City Planner Steve Ach, City Administrator Pat Klaers and City Attorney Peter Beck. During the meeting we discussed with City staff my client's concerns about the realignment of Joplin Street and Highway 10. It is our understanding that the preliminary plat approval for Country Crossing Business Center is scheduled for Monday, February 27, 1995 at 7:00 p.m. It is further my understanding that my client as an adjoining property owner would have the right to appear before the City Council and make objections to the plat, but will temporarily forego and delay its right (based upon representations of City Staff] to make such objections based upon the following understandings: 1. City staff has represented that the proposed alignment of Joplin Street, which includes the temporary cut off of Old Orono Road via a cul-de-sac, will continue to be recommended, but that to preserve my client's access to eastbound Highway 10 traffic, a service road will be extended from the intersection of Business Center Drive and Joplin Street bearing northerly and easterly as depicted in the attached sketch (Exhibit A) made a part of this letter. Please note that in the • absence of such a service road my client would object to both Preliminary and Final approval of the proposed Plat; Feb-23-95 16:38 Mayor Hank Duitsman February 23, 1995 Page 2 P.03 _ ~ 2. That City Engineer Maurer will undertake steps to redesign and reconfigure the access above, but due to the timing of the matter, will not be able to redesign and incorporate the access into topographical and area drawings prior to the City Council meeting February 27, 1995. City staff will support the newly proposed access to my client's place of business. Copies of the new drafts will be provided to this office for my client's review; 3. That should the Elk River City Council give preliminary approval to the plat as presented, that approval will ultimately will be subject to the existence of the access described in No. 1 above being incorporated into the development plans which will continue to allow my client's access to eastbound Highway 10 patronage and traffic; 4. That neither myself or my client or Federated Co-ops will appear before the City Council on February 27, 1995, but each preserves the right to object to final • approval of the plat and the street alignment at any further hearings before the Elk River City Council. My client's and Federated Co-ops' failure to appear and object at the February 27, 1995 City Council meeting does not forfeit any rights under the Eik River Zoning Code Ordinance or state statute. We trust these understandings comport with our discussion with the Elk River City staff and legal counsel on February 23, 1995. Should any of the above representations or assumptions be in error, please immediately advise and our client will. make arrangements to appear before the Elk River City Council on February 27, 1995. Sincerely, TERPSTRA, BLACK, BRANDELL, KAMINSKY & HOFFMAN / By: _~-- l . Hoffman Enclosure cc: Tim Kavanaugh, General Manager Central Rivers Cooperative Federated Co-ops, Inc. Peter Beck, Esq. Feb-23-95 16:39 P.04 \ `~~ ~,'~. r ~~~ ~.~ 1 -------d~--------- i ~••' /,. ~, . i"~ /,. ~'. ~,. i" /, i' ~,. ~ ~~ CENTRAL RIDERS i i ~. i- L ~ ' ~ / ` , '. l j r~ i" ,` 1 1~ `4 `~~ tti {~ `1 lip t !~ 1 1 ~ 1 Exhibit ~`. I~_