7.7. SR 02-27-1995~' r ~ ` ITEM 7.7 .
~~
`ty of ~ MEMORANDUM
River TO: Mayor & City Council
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FROM: Steven B. Ach, City Planner,
DATE: February 27, 1995
SUBJECT: Conditional Use Permit Request by
River Woods Development Corporation
Public Hearing, Case No. CU 94-40
Issue
Consider a request by River Woods Development Corporation to construct a
20,000 square foot convenience center along with a zero lot line development
for a shared driveway.
Location
Southwest corner of Highway 10 and Joplin Street extension (directly west of
the Cenex Station).
Zoning/Land Use
BP (Business Park)/LI (Light Industrial)
Attachments
Revised site plan dated 2/21/95, development plans, draft minutes from the
Planning Commission meeting dated 1/24/95, report to Planning Commission
dated 1/24/95.
Overview
The business park zoning district was originally designed primarily for light
industrial and office warehouse type businesses. In addition, a certain
amount of commercial that would be accessory to the business park was also
allowed as a conditional use. The proposed convenience center appears to fit
within the intent of the business park's commercial criteria. One of the
criteria for commercial uses in the business park zone is to maintain a
maximum building size of 20,000 square feet. By setting a maximum
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13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
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• building size, it helps control the amount of commercial in so that it remains
secondary to the overall business park.
Proposed Development Plans
The proposed development includes an approximately 20,000 square foot
convenience center that will be anchored by a fuel and convenience store on
the east end and possibly a restaurant with a drive through window on the
west. Between these two tenants will be a series of smaller bays offering
general retail opportunities. In addition, there is also proposed a drive
through car wash facility that is associated with the fuel and convenience gas
station.
Access to the convenience center includes a right in only off of Joplin, a right
in/right out off of Business Center Drive, and a full access at the western-
most portion of the property onto Business Center Drive. The western-most
access is a driveway that is bisected by a property line which will act as
shared driveway between the two commercial lots adjacent to Highway 10.
The benefit behind this shared driveway reduces access points onto Business
Center Drive and conveniently improves internal circulation between the two
commercial uses.
. The landscape plan includes a variety of landscaping material with a strong
emphasis placed along Business Center Drive to provide a maximum amount
of screening of the service area. This screening will be accomplished with a
combination of earth berming and various plant materials. Also, staff has
suggested that some overstory trees be located along Highway 10 to provide
some additional balance to the landscaping of the overall site.
A signage package was not available for the Planning Commission to review.
However, it was recommended that a sign package similar to the most recent
commercial projects along Highway 169 be included as part of this
development. Therefore, a monument style sign identifying the center, along
with wall signage consisting of individual letters for each of the tenants is
being recommended.
Please refer to the attached report to the Planning Commission for additional
information and more detailed comments regarding the proposed
development plans.
Planning Commission Recommendation
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s-council/CUP94-40
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The Planning Commission unanimously recommended approval of the
conditional use permit request by River Woods Development with the
conditions as set forth in the staff report.
Recommendation
It is recommended that the City Council approve the conditional use permit
for River Woods Development Corporation to construct a 20,000 square foot
convenience center along with zero lot line development for a shared
driveway with the following conditions:
1. All the comments contained in the report to the Planning Commission
dated 1/24/95 be included in the revised plans and submitted for
review prior to the issuance of a building permit.
2. All the comments within the City Engineer's memo dated 1/19/95 be
included in the revised set of plans.
3. A complete sign package consistent with the most recent commercial
developments occurring along Highway 169 be included and made part
of this project. This includes a monument style free-standing sign and
wall signage consisting of individual letters for each of the tenants.
4. Revised plans be submitted for final review and approval prior to
issuance of a building permit.
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s-counciUCUP94-40
• RESOLUTION NO. 95 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
COUNTRY CROSSING TOWNHOMES
WHEREAS, application has been made by Country Ridge Partnership
and Kingman Building Company for final plat approval, pursuant to Section
1008.08 (1)(c) of the Elk River City Code of Ordinances, of the property legally
described on attached Exhibit A and hereinafter referred to as "the Property";
and
WHEREAS, the application for preliminary plat approval has been referred
to the Planning Commission which has given its advice and recommendation to
the City Council; and
WHEREAS, a preliminary plat of the Property was approved by the City
• Council on January 23, 1995; and
WHEREAS, the proposed final plat is consistent with the preliminary plat
as approved by the City Council; and
WHEREAS, the proposed final plat complies with each of the conditions
set forth by the City Council in its approval of the preliminary plat of the Property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ELK RIVER, as follows:
1. It is hereby determined by the City Council for the City of Elk River as
follows:
A. The proposed subdivision is consistent with the Zoning Ordinance
and conforms with all of its requirements.
B. The proposed subdivision is consistent with all applicable general
and specialized city, county, and regional plans including, but not
limited to, the City's Comprehensive Development Plan.
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C. The physical characteristics of the site, including ,but not limited
to, topography, soils, vegetation, susceptibility to erosion and
siltation, susceptibility to flooding, and drainage are suitable for the
type and density of development and uses contemplated.
D. The proposed subdivision makes adequate provision for water
supply, storm drainage, sewage transportation, erosion control and
all other services, facilities and improvements otherwise required
herein.
E. The proposed subdivision will not cause substantial environmental
damage.
F. The proposed subdivision will not conflict with easements of record
or with easements established by judgment of a court.
G. The proposed subdivision will not have an undue or adverse impact
on the reasonable development of neighboring land.
2. Final plat approval is hereby granted for the Property, subject to the
conditions set forth in attached Exhibit B.
. 3. The officers of the City are hereby authorized, once the conditions set
forth in Exhibit B are met and complied with, to sign the final plat for the
Property and to issue a certified copy of this Resolution giving final
approval of the plat.
4. The owner of the Property is authorized to record the final plat as required
by law and shall file proof of said recording with the City. No building
permits will be issued for the Property until the final plat is recorded.
5. This final plat approval shall expire two years from the date of this
resolution if the final plat is not recorded within that time.
The foregoing
resolution was introduced by Council
_ and duly seconded by Council
_. The following voted in favor of the Resolution
The following voted against the Resolution:
The following were absent:
Member
Member
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WHEREUPON the resolution is adopted.
Passed and adopted this day of , 1995
Henry Duitsman, Mayor
CERTIFICATE
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
I, the undersigned, being the duly qualified and acting Clerk of the City of
Elk River, Minnesota, hereby certify that the above resolution is a true and
correct copy of the resolution as adopted by the City Council of the City of Elk
River on , 1995.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this day of , 1995.
Sandra Thackeray, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day of
1995, by Henry Duitsman, Mayor, City of Elk River,
Minnesota.
Notary Public
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STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day of
1995, by Sandra Thackeray, City Clerk, City of Elk River,
Minnesota.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, MN 55431
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EXHIBIT A
OUTLOT B, COUNTRY CROSSING SECOND ADDITION, SHERBURNE
COUNTY, MINNESOTA
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EXHIBIT B
1. ALL COMMENTS STATED IN THE CITY ENGINEER'S MEMO DATED 12/27/94.
2. THE FIRST PHASE OF THE PLAT CONSISTING OF 22 TWINHOME LOTS AND ONE LOT
DEDICATED TO COMMON SPACE CONTROLLED BY THE HOMEOWNER'S
ASSOCIATION AND AN OUTLOT RESERVED FOR FUTURE PHASES.
3. APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE PROVIDED THROUGHOUT THE
PLAT AS REQUESTED BY THE CITY ENGINEER AND ELK RIVER UTILITIES.
4. NECESSARY STREET LIGHTS AS DETERMINED BY ELK RIVER UTILITIES BE INSTALLED AS
PART OF THE PROJECT UTILITY IMPROVEMENTS.
5. AS PART OF THE IMPROVEMENTS TO 183RD AVENUE, A SIDEWALK BE INSTALLED
ALONG THE SOUTH SIDE OF 183RD AVENUE FROM JOPLIN STREET TO SANDPIPER
ESTATES.
6. A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $120.00 PER UNIT BE PAID
PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. FUTURE PHASES SHALL PAY
THE AMOUNT PER UNIT AS REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT.
7. A WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300.00 PER UNIT BE PAID PRIOR
TO RELEASING THE FINAL PLAT FOR RECORDING. FUTURE PHASES SHALL PAY THE
AMOUNT PER UNIT AS REQUIRED AT THE TIME OF FINAL PLAT.
. 8. A DEVELOPER'S AGREEMENT AND PUD AGREEMENT BE PREPARED AND EXECUTED
PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING.
9. ASSOCIATION DOCUMENTS BE SUBMITTED FOR REVIEW BY THE CITY ATTORNEY PRIOR
TO RELEASING THE PLAT FOR RECORDING.
10. A DEVELOPMENT PLAN BE SUBMITTED AND APPROVED BY THE CITY ENGINEER PRIOR
TO ISSUANCE OF A BUILDING PERMIT.
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