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5.1. SR 03-03-1997ITEM 5.1. City of iver MEMORANDUM Mayor and City Council FROM: Steve Ach, City Planner.~2~/~ DATE: March 3, 1997 SUBJECT: Request to Amend PUD Agreement for the Cottages of Elk River by Derrick Investment Company, Public Hearing Case No. CU 96-19 Issue To consider Derrick Investment's request to amend the planned unit development agreement for the Cottages of Elk River, eliminating the residency requirement of the project's intent to be a housing development for active adults 55 years old and over. Attachments Report to the Planning Commission dated February 25, 1997 Planning Commission Recommendation The Planning Commission held a public hearing to review this request on February 25, 1997. At that meeting there was testimony received from surrounding residents that were disappointed with Mr. Derrick's request to eliminate the residency requirement. The following is a list of issues raised by the Planning Commission and residents: · Density of the project · Traffic onto Jackson · The project was presented as having no impact to the schools · No off-street parking was required because of the senior housing project · One access point into the project was approved based on the traffic of a senior housing project · Pedestrian circulation · Curb and gutter on private driveways 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Memo to the Mayor and City Council/CU 96-19 March 3, 1997 Page 2 After hearing testimony from the residents, the Planning Commission could not support Derrick Investment's request based on the plan that has been approved. Therefore, the Planning Commission recommended denying Derrick Investment's request to amend the PUD agreement based on the testimony from the residents and the approved site plan that was based on a 55 year and older project. The Commission would like to review the site plan to address the issues discussed if the residency requirement is removed. Recommendation Mr. Derrick has asked that the City Council continue the pubhc hearing to the March 17th City Council meeting to allow time to work on the issues raised at the Planning Commission meeting. Staff would support this request and therefore, recommend the City Council open the public hearing, receive public testimony and continue the public hearing to March 17th to take action on this item. s:\councilXcu96-19.doc 'm' TEI,~ 6.5. 'ity of 'ver FROM: DATE: SUBJECT: MEMORANDUM Planning Commission Steve Ach, City Planner.~ February 25, 1997 Request to Amend PUD Agreement for the Cottages of Elk River by Derrick Investment Company, Public Hearing Case No. CU 96-19 Issue To consider Derrick Investment's request to amend the planned unit development agreement for the Cottages of Elk River, eliminating the residency requirement of the project's intent to be a housing development for active adults 55 and over. Attachments * Minutes from previous Planning Commission and City Council meetings · Site plan Overview The proposed planned unit development project for a senior housing project encompasses approximately 15 acres bounded by Jackson Avenue on the east, Highland Road on the south, 193rd on the north and Ridgewood Park on the west. The planned unit development as it was originally presented by Derrick Investment was to construct 15 four-unit buildings for a total of 59 dwelling units and one clubhouse unit. The project was proposed as an adult community providing housing opportunities for active adults 55 and older. Throughout the public hearing process, the residency requirement of 55 years and older was mentioned and was finally approved by the Planning Commission and City Council with the understanding and condition this project would be for residents 55 years and older. Recently, the developer has suggested an interest in removing the residency requirement. The request at this time is to amend the planned unit development agreement to allow no restrictions on the residency requirements for the project. Since it was originally approved as part of the 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Memo to the Planning Commission/CU 96-19 February 25, 1997 Page 2 planned unit development and communicated throughout the public hearing process the project would be for adults 55 years and older, an amendment to the planned unit development agreement is necessary. Analysis The only "site planning" issue that is affected by changing the residency of the project relates to parking. Based on a project for 55 years and older, there was an argument made on the developer's behalf that on-street parking would not be an issue. If there would be a parking problem, some of the streets within the development were designed at a street width of 30 feet to allow for on-street parking. In comparison, the townhouse projects proposed by Kingman Building (Country Crossing Townhomes) and Harold Gramstad both provided off- street parking spaces because those streets were all private and designed at a width of 26 - 28 feet. In both of those projects, the driveways to each garage unit were to be a minimum of 22 feet long and rarely exceeded 30 feet in any case. On the other hand, the Derrick Investment project has a combination of 30 foot wide private roads where on-street parking would be permitted as well as 20 foot wide driveways. Based on the concept of the project being for 55 years and older, staff did not recommend any off street parking as we felt the Derrick Investment project would have different parking needs than the Kingman and Gramstad project. However, now with the request to make the project available to residents of all ages, the off street parking issue should be taken into consideration. In some instances, off-street parking can be accomplished by the extended driveway lengths for some of the units and possibly providing a couple of stalls at each of the dead end driveway areas. The parking requirement that was required for the Kingman and Gramstad projects was to provide .5 parking stalls off street for each unit in the project. Therefore, staff would recommend that same requirement be applied to the Derrick Investment proposal and the parking can be accomplished either on the 30 foot wide streets, or, within the extended driveway lengths for each unit where the additional parking can be provided. \\elkriver\sys\shrdoc\planning\pc\cu96-19.doc Memo to the Planning Commission/CU 96-19 February 25, 1997 Page 3 Other Issues The change in residency really has no affect on the landscaping requirements, utilities or grading. However, it is worth mentioning that one of the reasons for changing the entrance into the project from Highland Road to Jackson was a safety concern for residents exiting onto Highland Road. There is a slight vertical curve on Highland Road as it extends west of Jackson. This curve contributes to a visibility concern for eastbound traffic on Highland Road. Recommendation It is recommended the Planning Commission consider amending the planned unit development agreement for Derrick Investment to eliminate the residency requirements from the original proposal of 55 years and older. Staff does not believe removing the residency requirement will have an impact on the "physical planning" of the townhouse project. The real issue is whether the Planning Commission and the City Council approved the rezoning and PUD based on the 55 years and older concept. If the Commission recommends approving the amendment to the planned unit development agreement, staff would recommend adding a condition which reads as follows: The plans be modified accordingly to provide adequate off street parking at a ratio of .5 parking stalls per unit. These additional parking stalls can be included as part of extended driveways, on-street parking on those streets 30 feet and wider, and at the end of driveways where additional parking stalls can be created. \\elkriver\sys\shrdoc\planning\pc\cu96-19.doc LOT 2 ,~ I93RD CDTTAGES LOT 4 LOT 3 AVENUE N.W. E]F ELK RIVER/~~~'//I 502.72 ST. ANDREV'S CEMETERY 424.20 / S8925'13'V I I I I I I I I HI GHLAND ROAD Planning Commission Minutes Page 7 July 23, 1996 12. 13. 14. 15. THE GRADING FORTHE DEVELOPMENT WILL NEED TO BE CERTIFIED PRIOR TO ISSUANCI~ OF BUILDING PERMITS. A LANDSCAPING PLAN WITH.SPECIES AND SIZE, WHICH INCLUDES A LANDSCAPED SC£EEN ALONG FILMORE STREET, BE PROVIDED AND APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. FRONT YARD TREES BE PROVIDED THROUGHOUT THE DEVELOPMENT AS SETFORTH IN THE CITY ORDINANCE. THESE FRONT YARD TREES SHOULD BE ILLUSTRATED ON THE SUBMITTED LANDSCAPING PLAN LOT 24 BE WIDENED TO ALLOW FOR A LARGER BUILDABLE AREA WITHOUT ENCROACHING ON THE UPA EASEMENT. 16. SOIL BORINGS FOR EACH LOT BE PROVIDED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 17. THE CONDITION OF THE TWO EXISTING SEPTIC SYSTEM SHALL BE ASSESSED AND UPGRADED IF NECESSARY. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. Derrick ]nvesCm:ent: CC~: Requ.esf ~f:6r: R'ez°niHq; Pub ic H:e~rinq: Case: N:~.-ZC: 96:14 gerribk in.yes.tm.eh:t:: COL Requ'est~:fo~' Co'nditiO~'at::' g'Se': P'ermiti PUblib'H earina: Case N:o,. C U 96z.1:9 Derrick: In.ves~'men~.Co, Reau:es'ii:.for P'reliminarv:: Pta:~:~Alopr0"ZC~[L Public Hearina .Case No:': Staff report by Steve Ach. Derrick Investment Co. has made the following requests for proper-h/located at the northwest corner of Highland Road and Jackson Avenue: · Rezoning of approximately 14 acres from Rlc (Single Family Residential PUD (Planned Unit Development). · Preliminary plat request to subdivide approximately 1 7 acres into 11 single family lots and 14 townhouse lots. · A conditional use permit request for site plan review of a proposed townhouse project as a planned unit development. 4 single family tots will be located north of Highland Road and 7 will be on the south side of ]?3rd Avenue. The 14 townhouse buildings will eventually be repJatted as condominiums for individual ownership, with 4 units per building. The Park and Recreation Commission has recommended a sidewalk be placed on the north side of Highland Road along the length of the PUD. Staff also recommends a sidewalk be placed along the main road in the development. in addition, staff is requesting concrete curb and gutter be placed on the main road as well as the secondary roads to each of the units. Staff feels this will help facilitate proper drainage, as well as define the driveway and landscaped areas. Also, a monument style sign and enhancement of the landscaping at the Planning Commission Minutes Page 8 July 23, 1996 entrance is recommended. Staff recommends approval of the three requests based on the findings and'conditions stated in the report to the Planning Commission. Roger Derrick, representing Coinage Homesteads of America, explained that 95% of their home buyers come from owning a single family home, and 90% of the buyers live within a 3 mile radius. There are five floor plans available for the one- level townhouse. The base price of the townhouse includes "top of the line" carpeting, flooring, cabinets and appliances with two baths, two-car garage and formal dining room. There will be a centrally located club house with an activity' center and mailboxes for ail the residents will be located there. Mr. Derrick stated the buyers have the option of a repurchase program which 75% of buyers utilize. Under this program, buyers receive a discount on the purchase price, and [f and when they decide to sell, Cottage Homesteads will repurchase the townhouse for the original selling price. Mr. Derrick noted the townhouse development is limited to residents 55 z_e_.~a~.s_~nd~icier. The monthly association --~--iS $150 which includes ap~rc)x~M-~:t-~-~ ~)-~'~o~-n~zn-a-T maintenance, $30 for the club house and $30 set aside in a reserve fund for future costs that may arise. Maintenance of the buildings, streets, sidewalks, landscaping, appliances, heating and air conditioning systems, snow removal and garbage and recycling services are included Jn the association fees. Mr. Derrick stated his does not suppor~ the request for concrete curb and gutter in the areas leading to the private drives, as suggested by Steve Ach. He also expressed an objection fo the sidewalks, stating that they are difficult to maintain and would not be used enough to justify the cost. Mr. Derrick stated he was not in favor of taking out the four single family residential lots and incorporating them into the townhouse project, due to the loss of profit the developer would suffer. Mr. Derrick felt there would be no problem to resolve the issue of the nonconforming lot frontage for the single family lot on Highland. Discussion followed regarding the trees to be removed from the site. Steve estimated approximately three-quarflers of the existing trees would be taken out. Dana Anderson, Park and Recreation Commission Chair, stated the Park and Recreation Commission's greatest concern is safe linear pedestrian movement from Jackson to SaJk Junior High School along Highland Road. Dana suggested that the City consider realigning Highland Road to meet with Freeport at Jackson and establish a sidewalk along the entire street. He added that thb Commission supports saving as many trees as possible. Commissioner Minton stated that realignment of Highland was suggested during the Steering Committee meetings, but felt it was too late to be changing the street at this point. He noted it would be difficult to put a sidewalk along Highland where there are established homes, but that it may be necessary in the future due to increased traffic. Commissioner Sullivan questioned what the density would be if the proper'h/ were rezoned versus if it remained Rlc. Steve Ach explained that the PUD would have a density of 56 fownhouse units plus 11 single family lots, and if it were fo remain single family residential the density would be 42 lots. Planning Commission Minutes Page 9 July 23, 1996 Chair Thompson asked that a letter from Gerald and Donna Louden, 11837 193rd Avenue NW, be included in the official reoord of the July 23 Planning Commission meeting, stating their objection to the proposed rezoning. Chair Thompson opened the public hearing. Harold Grams'tad, 19342 King Circle, asked if the development would be served by city water and sewer, and whether or not it would extend north of 193rd Avenue. Steve Ach explained that only the proposed development would be hooked up fo ci~ services. Mr. Gramstad expressed concern that drainage currently flowing to the site be addressed. He also feels the additional traffic from the development will cause even greater backups on 193rd. Ted Height, 11829 Highland Road, stated that he lives next to the proposed development. He expressed concern for the loss of urban forest area, the affect on his proper'h/value and the size of the single family homes proposed to be located next to his property. Ellie Krefsch, 11865 193rd Avenue NW, stated she lives directly across the street from the neighborhood park. She feds there should be a buffer between the park and the proposed project. She also expressed concern for the increased density the rezoning would allow, and increased traffic on Highland Road. Roy Ffiendshuh, 19378 King Circle, stated he tiked the plan and his only concern is that the drainage be adequately handled. There being no further comments from the public, Chair Thompson closed the public hearing. Discussion followed regarding drainage in the northwest portion of the subject property. Terry Maurer explained a pond could be maintained and water could be metered out of it, or the area could be filled and let all the water drain down to the storm sewer. Steve Ach questioned the grading for the units located near the western properh/line. John Johnson, engineer for the projed, explained they propose to allow all the drainage from this area will be collected and taken out to the street and captured in the storm sewer and piped down fo the pond in the southeast part of the project. The pond has been designed to handle the runoff from the entire project. Also, the 100 year flood level drainage will be taken care of by a catch basin on the corner of Jackson Road and Highland Road, which is the lowest point in the ciN's drainage system that they can connect to at this time. Five of the western units have been designed for a walk-out option, if they are not built as walk-outs, the grade will be moved 10 feet to the west where the foundation will be covered. Mr. Johnson pointed out an area which currently does not have an outlet since the Iow point is below the catch basin elevation. The present design they are working with captures all of the site's drainage with the exception of the western edge. Approximately 1/3 of this area drains info the park and it would be captures and taken into the storm system so that it may be piped down into the pond. .... zzu--~::: :~,: Planning CornmJssion Minutes Page 10 July 23, 1996 Further discussion followed regarding drainage in the northem podrion of the property and routing fo the culvert in this area. Commissioner Minton asked what the plans were for buffering the single family residential and park area from the PUD. Steve Ach indicated the proposed plans do not illustrate much of a buffer; however, additional landscaping should be considered for these areas. In response fo comments regarding increased traffic on Highland, Terry Maurer stated he did not feet the traffic will not be increased significantly by this development, especially given the type of development. He agreed it is best not to have a street connection within the PUD to the north. Discussion followed regarding the preservation of trees. Steve Ach stated that roughly 3/4 of the existing trees will be removed. Staff has suggested the possibility of requiring the proposed four single family lots located (:long Highland Road be incorporated into the PUD and remain open space as well cs shifting the fownhouse units to maximize the amount of green space. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE RFZONING REQUEST BY DERRICK INVESTMENT CO. TO REZONE 13 ACRES FROM R1C (SINGLE FAMILY RESIDENTIAL)TO PUD (PLANNED UNIT DEVELOPMENT), PUBLIC HEARING CASE NO. ZC 96-14, BASED ON THE FOLLOWING FINDINGS: THE DENSITY OF THE TOWNHOUSE PROJECT IS CONSISTENT WITH THE CURRENT LAND USE DESIGNATION OF MR (MEDIUM DENSITY RESIDENTIAL). THE PROJECT IS SERVED BY A COLLECTION ROADWAY AND CAN SUPPORT THE ANTICIPATED TRAFFIC GENERATED BY THE PROJECT. THE REZONING IS A LOGICAL TRANSITION IN LAND USE BETWEEN HIGHWAY COMMERCIAL TO THE EAST AND MULTI-FAMILY TO THE SOUTH. THE EXISTING INFRASTRUCTURE IS SIZED ACCORDINGLY TO SERVICE THE PROPERTY. AND, WITH THE PROVISION THAT THE FRONTAGE FOR THE LOT ALONG HIGHLAND ROAD WHICH IS ADJACENT TO THE ENTRANCE TO THE PUD BE EXPANDED TO 100 FEET TO MEET CITY STANDARDS. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE PRELIMINARY PLAT REQUEST BY DERRICI( INVESTMENT CORP. TO SUBDIVIDE 13 ACRES INTO 11 SINGLE FAMILY LOTS AND 14 TOWNHOUSE LOTS, PUBLIC HEARING CASE NO. P 96-9, WITH THE FOLLOWING CONDITIONS: A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 2. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED. Planning Commission Minutes Page 11 July 23, 1996 ALL COMMENTS OUTLINED IN TERRY MAURER'S MEMO DATED JULY 17, 1996, BE INCORPORATED'INTO THE PLAT FOR APPROVAL. APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE PROVIDED THROUGHOUT THE PLAT. A SIX FOOT WIDE SIDEWALK BE INSTALLED ALONG HIGHLAND ROAD FROM JACKSON TO THE PLATS WESTERN LIMITS. PARK DEDICATION IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. o PAYMENT OF THE SURFACE WATER MANAGEMENT FEE BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. THE DEVELOPER SIGN A PETITION FOR CITY WATER AND SEWER, WAIVING THEIR RIGHT TO OBJECTION FOR ASSESSMENTS. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-1, COMMISSIONER TACHENY OPPOSED. COMMISSIONER KUESTER MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT FOR SITE PLAN APPROVAL REQUESTED BY DERRICK INVESTMENT CORP., PUBLIC HEARING CASE NO. CU 96-19, WITH THE FOLLOWING CONDITIONS: 1. THE REZONING AND PLAT BE APPROVED BY THE PLANNING COMMISSION AND CITY COUNCIL. 2. COMMENTS FROM TERRY MAURER'S MEMO DATED JULY 17, 1996, BE INCORPORATED INTO THE PLANS. THE REZONING AND PLAT BE APPROVED BY THE PLANNING COMMISSION AND CITY COUNCIL. ALL COMMENTS FROM TERRY MAURER'S MEMO DATED JULY 17, 1996, BE INCORPORATED INTO THE PLANS. 5. THE MAIN DRIVEWAY THROUGHOUT THE PROJECT HAVE A ROADWAY WIDTH OF 30 FEET. 6. ALL OF THE SECONDARY ROADS OFF OF THE MAIN DRIVEWAY HAVE A MINIMUM WIDTH OF 20 FEET. DRIVEWAYS THAT ACCESS DIRECTLY ONTO THE MAIN ROAD HAVE THEIR WIDTH NARROWED DOWN TO AS NARROW A WIDTH AS POSSIBLE. 8. A MINIMUM DISTANCE OF 22 FEET BE MAINTAINED BETWEEN THE GARAGE AND ANY DRIVEWAY. 9. CONCRETE CURB AND GUTTER BE PROVIDED THROUGHOUT THE ENTIRE PROJECT. STAFF WOULD LIKE TO DISCUSS THE SPECIFIC LOCATIONS WITH 0 Planning Commission Minutes July 23, 1996 Page 12 THE DEVELOPER TO DETERMINE THE REASONABLE LOCATION TO HAVE THIS IMPROVEMENT INSTALLED/z ' 10. A FiVE FOOT WIDE SIDEWALK BE PROVIDED ALONG ONE SIDE OF THE MAIN ROAD.WHICH LOOPS THROUGH THE PROJECT. 11. THE QUANTITY OF LANDSCAPING MATERIAL BE INCREASED THROUGHOUT THE ENTIRE PROJECT. SPECIFIC ATTENTION SHOULD BE GIVEN TO THOSE AREAS ALONG JACKSON ROAD BETWEEN UNITS 8, 9, 11, AND 12. 12. ADDITIONAL LANDSCAPING SHOULD BE PROVIDED BETWEEN UNITS 5 AND 6 AND THE PROPOSED SINGLE FAMILY LOTS ALONG 193RD AVENUE. 13. ADDITIONAL LANDSCAPING SHOULD BE PROVIDED AT THE ENTRANCE POINT OFF OF HIGHLAND ROAD. 14. A TREE PROTECTION PLAN SHOULD BE PROVIDED DEMONSTRATING THE NUMBER OF TREES THAT WILL BE SAVED IN THE SOUTHWEST AND WESTERLY AREA OF THE PROJECT. 15. ALL LANDSCAPED AREAS SHALL INCLUDE AN UNDERGROUND IRRIGATION. 16. ADDITIONAL OFF STREET PARKING AREAS SHOULD BE DEMONSTRATED THROUGHOUT THE PROJECT. THESE PARKING STALLS MAY NOT HAVE TO BE INSTALLED AT THIS TIME, HOWEVER, IT SHOULD BE DEMONSTRATED IN THE EVENT THAT THERE IS A PARKING PROBLEM. 17. A COMPLETE LIGHTING PLAN SHOULD BE SUBMITTED DEMONSTRATING THE LOCATION AND ILLUMINATION CONTOURS OF EACH OF THE LIGHT STAN DAR DS. 18. EACH UNIT SHALL HAVE A MINIMUM OF A DOUBLE CAR GARAGE AS ILLUSTRATED ON THE PROPOSED FLOOR PLANS. 19. A UNIFIED MAILBOX DESIGN SHOULD BE PROVIDED FOR EASY DELIVERY OF MAIL. A CLUSTERING MAILBOX DESIGN MAY ALSO BE CONSIDERED THROUGHOUT THE PROJECT. 20. THE UNITS DEVELOPED IN THIS PROJECT SHALL CONSIST OF THOSE ILLUSTRATED ON THE ATTACHED FLOOR PLANS AND MADE PART OF THIS REPORT THAT HAVE BEEN PROVIDED BY DERRICK INVESTMENT. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. Discussion followed regarding concrete curb and gutter and sidewalks. It was the consensus of the Planning Commissioners to allow staff to determine which areas would benefit from concrete curb and gutter fo better define the driveway and landscaped areas, as well as aid the drainage. COMMISSIONER KUESTER MOVED TO RECONSIDER THE MOTION FOR THE CONDITIONAL USE PERMIT REQUEST. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 6-0. Elk River City Council Meeting Aua-ust 19, 1996 Page 9 THE HARDSHIP CAUSED BY THE TOPOGRAPHY OF THE SITE, WHICH MAKES IT DIFFICULT TO CONTRACT A BUILDING AT THE SETBACI( LINE, DUE TO THE' DROP-OFF, WHICH WOULD REQUIRE EXTENSIVE FILL AND THE LOSS OF SEVERAL MATURE TREES. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION, BUT RATHER A RESULT OF THE TOPOGRAPHY OF THE SITE. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY, OR WELFARE OF THE RESIDENTS OF THE CITY OR THE NEIGHBORHOOD WHEREIN THE PROPERTY IS SITUATED AND WILL BE IN KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. THE PROPOSED POLE BARN DOES NOT EXCEED 1620 SQUARE FEET, IN ORDER TO COMPLY WITH THE MAXIMUM ACCESSORY STRUCTURE AREA ALLOWEDIN THIS ZONING DISTRICT. THE. PROPOSED POLE BARN.. WILL BE MOVED AS FAR SOUTH AS POSSIBLE WITHOUT REQUIRING cUTrlNG DOWN THE MATURE TREES LOCATED ON THE PROPERTY. THE EXISTING YARD BARN AND DOG KENNEL WILL BE MOVED TO THE REAR OF THE PROPERTY AND BOTH WILL BE REQUIRED TO MEET ALL SETBACKS. · ~,.~iCOUNCILMEMBER SCHEEL'SECONDEDTHE MOTION. THE MOTION CARRIED 5-0. 8.8. ' Deffick Investment Comoany Request for Rezoninq, Case No. ZC 96-14 8.9. Derrick Investment ComDany Reauest for Conditional Use Permit, Case No. CU 96- 19 8. i0. Derrick Investment Comoany Request for Preiiminaw Plat Aoproval, Elk Run, Case No. P 96-9 City Planner Steve Ach indicated that the City Council is requested to consider the following applications: Rezoning of approximately 14 acres from R lc (single family residential) fo PUD (Planned Unit Development) A preliminary plat request to subdivide approximately 17 acres into 11 single family lots and 14 fownhome lots Co A conditional use permit request for site plan review of a proposed townhome project as a planned unit development. Steve Ach reviewed the staff report,, on these three applications. He indicated that staff is not in support of fha rezoning request. Steve Ach indicated that staff would support the rezoning request if it were to include the four single family lots proposed for the southwest corner and modifications were made to the site plan to respect the natural features along the southwest portion of fha property. Elk P~iver City Council Meeting August 19. 1996 Pace 10 Mayor Duitsman opened the public hearing. Roger Derrick, representing Cottage Homes, explained the concept of the townhome development. He further indicated that the developer is proposing some large single family lots in order to preserve trees. Mr. Derrick indicated his concerns regarding the curbing requirements on the driveway access points and the sewer and water looping system. Ted Hight, 11829 Highland, indicated his concern regarding the continuity of the sun'ounding area. He indicated he did not feel the smaller lots would fit in with the surrounding one acre lots. He further indicated his concern regarding bulldozing of trees, access to the plat from Highland Road, drainage, and lowering of his property value. Mr. Hight submitted a petition signed by 32 residents to save the trees and build Iow density on Highland Road. Jerry Lowden, 11837 193,d Avenue, indicated he was opposed to the proposal os he reit the present zoning classification is best for the area. Terry Deigen, 11809 Highland Road, indicated that he was in favor of the proposed development. He stated that most of the trees in the area are already dead and indicated he would prefer the proposed development to single family development.,' He' further indicated that there was already multiple zoning in the surrounding area. · -Terry Lenz, 11829 Highland Road, indicated she would rather see one acre lots in ..... the development in-order to preserve the' continuity of'the' neighborhooa. She further-indicated:she would prefer that the plat be redesigned to save more of · the trees and suggested less fownhomes in order to make the area less dense. She further suggested more high density screening for the area. Etlie Krefsch, 11865 193'4 Avenue, indicated her concerns regarding buffering the park, saving the trees, larger lots, and lower density. She further stated that Highland Road is a dangerous street and she would prefer not fo see the plat being accessed from Highland Road. Eilie Kretsch indicated that she was opposed to the rezoning and would prefer to see single family housing. Louise Kuester, planning commission representative, indicated that the Planning Commission did not feel that density was a major issue as they thought that single family housing would make the area more dense than fownhomes. She indicated that the P. lanning Commission felt that the proposed development was a suitable use for the land. Dana Anderson, park and recreation commissioner, indicated that the Park and Recreation Commission's concerns consisted of pedestrian movement, the realignment of Highland Road, and a ten foot right of way for a detached trail system along Highland Road. Steve Ach indicated that staff has recommended a six foot sidewalk along Highland Road because that would be consistent with the sidewalk along Jackson Road and the sidewalk connection west of Highland Road. Elk River City Council Meeting August 19, 1996 Page 11 Earl Hohlen, indicated he was in favor of the proposed project. There being no further comments, Mayor Duitsman closed the public headng. Councilmember Farber indicated his concern that no efforts were made to try to preserve the present woods. The Council discussed the issue of accessing the plat from another area other than Highland Road. Councilmember Holmgren indicated that he supports the proposed development. Councilmember Scheel indicated that she was in favor of the proposed development and stated that it was important for prospective developers and buyers to be aware of the Council's wishes regarding the property and development. The Council discussed several items of concern regarding the plat including irrigation, the necessity for concrete curb and gutter, the trees, the necessity of the four single family lots in the southern podion of'the PUD; the water lines, drainage, and access fo the plat off of Highland Road. If was the consensus of the Council fhaf no action be taken at this meeting, but that staff discuss these issues with the developer and bring'them back to the Council for further consideration. -COUNC1LMEMBER HOLMGREN MOVED TO POSTPONE-ITEMS 8.8.; 8.9.; AND 8,10, TO THE SEPTEMBER 16, 1996; CITY COUNC1L MINUTES WITH THE CONSENT OF THE APPLICANT. COUNC1LMEMBER' FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Roger Derrick, developer, consented to extend Items 8.8., 8.9. and 8.10. to September 16, 1996. COUNCILMEMBER FARBER MOVED TO DIRECT STAFF TO PROCEED WITH A NEIGHBORHOOD MEETING AND TO BRING THE REVISED CONCEPT BACK TO THE CITY COUNCIL FOR FURTHER REVIEW ON AUGUST 26, 1996. COUNCiLMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.11. Country Ridqe Partnership Request for Final Plat Aoorovol, Country Crossind 3rd, Case No. P 94-2 City Planner Steve Ach indicated that Country Ridge Partnership is requesting final plat approval 'fo subdivide approximately 30 acres into 46 single family lots and two ouflofs. He stated that the plat is located at the southwest corner of County Road 30 and Joplin Street. Steve Ach reviewed the staff report on this issue. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 96-68, A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR COUNTRY CROSSING 3R0 ADDITION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. City Council Meeting Minutes Page 2 August 26, 1996 COUNClLMEMBER FARBER MOVED TO APPROVE RESOLUTION NO. 96-72, A RESOLUTION FOR VACATING DRAINAGE AND UTILITY EASEMENTS, CASE NO. EV 96-2. COUNCIl. MEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. z~.2. Discuss Conditions for Rezonina, Conditional Use and Preliminary Plat Reduests by Derrick Investment Co. Staff report by Steve Ach. At the August 19, 1996, City Council meeting, Derrick Investment Co. requested the Council approve the rezoning, conditional use and preliminary plat requests i_n o~der to d_~evetop a_se. nior housing project at_ttze--- northwest corner of Highland Road and Jackson Avenue. The Council voted to postpone the requests until the September 16, 1996, City Council meeting. The developer, Roger Derrick, Steve Ach, and Terry Maurer, met with the neighbors in the area on Thursday, August 22, to discuss issues related to the project. Steve indicated staff has not seen any revised plans; however, the developer and his engineer, John Johnson, have prepared concept drawings for the Council's review tonight. Roger Derrick, developer, indicated they have attempted to address some of the neighbors' concerns including covenants for the single family homes, access on ] 93rd and saving the ridge line of trees. Mr. Derrick provided drawings for 5 possible plans to develop the site. Plan A shows access to the development off Jackson, no road loop (2 cul-de-sacs), a total of 14 townhouse buildings, taking out 1 lot on the north making the remaining 6 single family lots larger, taklng out the 4 single family lots along Highland, and saving the majority of the ridge line of trees. Plan B includes saving the ridge line, leaving the access on Highland, taking out the single family lots along Highland, allowing room for 15 buildings. Plan C is a modification of Plan A which allows for some type of commercial use on the property along Jackson which would not generate a lot of traffic. Plan D shows access on 193rd, removal of several of the single family home lots to the north and adding 2_ additional fownhouse buildings, with the road running through the development. Plan E is a variation of Plan D which shows a c,JI-de- sac in the south, instead of having the road run through the development. All tine plans include one building in the wooded area to the west. Mayor Duitsman opened the discussion to the public. Terry Lenz, 11829 Highland Road, expressed her concern that the frees remain healthy during and after construction. Ms. Lenz indicated she would Iike fo see the proposed building to the west eliminated from the development plan or relocated. Ms. Lenz questioned if there would be landscaping around this townhouse. Roger Oe.~ck stated they would try fo disturb as few trees as possible, and that landscaping will be provided around the townhouses but would not screen it from the neighboring residences. Discussion followed regarding construction in the wooded area. Steve Ach noted a general rule of thumb in preserving trees during construction is to stay out of the drip line or "ca:qopy". Mr. Derrick explained if Plan B or some variation of it were adopted, the ridge line will be preserved; they would lose 4 single family lots, but would gain an City Council Meeting Minutes August 26, 1996 Page 3 additional townhouse bui!ding. In addition, if the park dedication fees were waived, their loss from the original 8/19 proposal would only be for the additional fill which could have come from the ridge line. Councilmember Farber indicated the proper"h/owners immediately to the west, the Wigants' main concern is that they be able to hook up to city water and sewer, since their septic system is failing and is draining onto Ms. Lenz' property. The Wiganfs also expressed concern that some of the trees remain, and that the access to the development be located on .Jackson. Councilmember Farber felt landscaping was necessary for the privacy of the single family residents as well as the fownhouse residents. Mr. Derrick suggested incorporating some conifers in the landscaping plan since conifers offer screening in the winter as well. John Johnson, engineer for the project, indicated there may be some flexibility in placement of this building fo preserve as many trees as possible. Discussion followed regarding the various plans and access options presented by the developer. Suggestions were made for modifying the plans. Harold Gramsfad, 19342 King Circle, expressed his concern that the number of single family lots in the north be decreased which would increase the icl size of the remaining Jots.." He felt preservation, of the ridge line will provide a buffer from the Fjk Park Center shopping area: Discussion of traffic issues followed. Ooncerns centered around increased volume in traffic arid speeding on Highland Road. Mr. Johnson explained options he had discussed with the city engineer fo slow down the traffic end fo increase the site distances for vehicles fuming out onto Highland. Donna Louden, 11837 1 93rd Avenue NW, expressed her support for the developer's attempt fo preserve the trees..She favored the access on Jackson Avenue. Mrs. Louden was concerned that the plans still showed 7 lots on the north and the developer indicated he would reduce the number to 6. Derrick stated that the revised plans will show 6 Jots. Mrs. Louden felt the three single fatuity lots fo the north shown in one of the plans looked out of p!ace ~nd would rather see an additional townhouse in that location. Mr. Johnson expressed concern that the elevation of that area is 5 to 6 feet higher than the street. Jerry Schmid}, 19386 King Circle, expressed his objection to having townhouses up fo 193rd. He was in favor of the 6 single family lots on the north and also, favored the Jackson Road access. Councilmember Scheet expressed her support for townhouse in the north end of the development on 193rd. Councilmember Farber expressed support for the townhouse located in the wooded area to the west. Discussion followed regarding waiving the park dedication fees. Further discussion followed regarding whether or not the wooded area should be dedicated fo the City and if the public should have access to if. City Council Meeting Minutes August 26. 1996 Page 4 Dana Anderson, Park and Recreation Commission Chair, expressed his objection to waiving the park dedication fees. He expressed concern for pedestrian movement along Highland Road. Discussion followed regarding the number of single family and townhouse units the developer would have with eaoh of the plans presented. Mayor Duitsman requested the public be renotified if the date of the next meeting on this item changes. The Cih/Council reached a consensus on the following issues, with the exception that Councilmember Diefz was not in favor of waiving the park dedication fees and felt the access should be off Highland Road: - Access to the development be off Jackson - Waiving of park dedication fees be considered - The wooded area remain private proper'by' Mayor Duifsman noted the request would be brought back before the City Council at the September 16 meeting. Mayor Duitsman noted the developer must submit a grading pian~to staff as soon as possible. 5.1. Authorization fo Hire Porff Time Records Entry Technician for Police Department COUNCILMEMBE~: FARBER MOVED AUTHORIZAT!ON TO HIRE' KATHL[-EN BAKKEN AS PART '[iMF RECORDS CLE~K/TFCHNICIAN FOR THE POLICE DEPARTMENT'AT A STARTING SALA£Y OF $10.$8 PER [-]O~d~, WORKING APPROXIMATELY 25-30 HOURS PE.R WEEK. COUNC]LMEMBER SCHFEL SECONDED THE MOTION.' THE MOTION CARRIED 5-0. Consider ice Arena Equipment Bid COUNCILMEMBER HOLMGREN MOVED TO AWARD THE ICE PLANT SKID BID TO ARENA SYSTEMS IN THE AMOUNT OF $70,000. COUNCIl. MEMBER DIETZ SECONDED THE MOTION. THE MOTION CAP, RIED 4-0-1. COUNClLMEMBER SCHEEL ABSTAINED. Open Mike No one appeared for this item. Other Business 8.1. Zonina of Properfiy at the Intersection of Counb Road No. t2 and 1,3 Councilmember Scheet asked that staff research the rezoning of property located at County Road No. 12 and County Road No. i3. She noted it was her understanding the zoning boundary between light industrial and residential was between Oeschenes and Industrial Hcrdfacing's prope,dy. The City Council recessed at 7:22 p.m. and the meeting was moved fo the Training Room. The meeting reconvened at 7:30 p.m. Ci:¥ Council Meeting September 16, 1996 Page 4 portions of land to be able to hunt. The Police Chief suggested that the hunters who have been affected by the rezoning contact the Police Chief to receive permission to hunt on their property. COUNCILMEMBER FARBER MOVED TO AUTHORIZE THE POLICE CHIEF TO GIVE PERMISSION AT HIS DISCRETION TO THOSE RESIDENTS REQUESTING TO HUNT IN Rle ZONES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5. Open Mike No one appeared for this item. 6.7.6.8.6.9. Rezoninq, Preliminary Plat and Conditional Use Permit bv Derrick Investment Co., Public Hearincl Case No. ZC 96-1z~ P 96-9 and CU 96-19 City Planner, Steve Ach, indicated that the Council is asked to consider: A. Rezoning of approximately 15 acres from R 1 c (Single Family) to PUD (Pfcnned Unit Development). B. Preliminary Plat Request to subdivide approximately 17 acres into 6 single family lots and 15 fownhouse lots. C. Conditional Use Permit Request for site plan review of a proposed 60 unit Senior Townhouse project os a Planned Unit Development. The location for the proposals is the northwest corner of Hightand Road and Jackson Avenue. Steve Ach indicated that based on previous meetings with the City Council and neighborhood residents, the developer has revised the plans to address the issues that have been brought up at those meetings. Steve Ach reviewed the revised plans with fha Council. Roger Derrick, developer, also reviewed the revised plans with the City Council. Mr. Derrick indicated that due fo the revisions made to the plat, he would be forfeiting 4 lots. Mr. Derrick requested the City Council waive park dedication fees for the forfeiture of the four lots shown in previous plans. Mayor Ouitsman opened the public hearing. Ted Hite, 11829 Highland, indicated that he liked the revised plan and thanked those involved including the City Council, Planning Commission, and developer for their effort in working with the residents. Ellie Kretsch, 11865 193rd Avenue, also indicated that she appreciates the efforts of the Mayor, staff and City Council in working with the residents on this issue. Beth/Belanger, 21531 Elk Lake Road, requested that the Council not waive park dedication fees. JerD' $chmidt, indicated that he was in favor of the proposal, however, he would like to see the style and size of the single family homes protected by c convenant placed on the proper-ry. City Council Meeting September 16, 1996 Page 5 There being no further comments, Mayor Duitsman closed the public hearing. Mayor Duifsman indicated his support of the project, but stated that he would not vote for waiving the park dedication fee. Councilmember Farbe. r indicated that he agrees that the park dedication should not be waived. Councilmember Scheel questioned how to ensure that the housing units woul, remain Senior Citizen housing units when sold. Staff indicated that the Planned Unit Development Agreement could include language consistent with the developers request to develop the site as senior housing. Councilmember Diel-z questioned the necessif'/of the sidewalk along Highland due fo the fact that it does not lead anywhere. Dana Anderson, Park and Recreation Commission Representative, indicated that the Park and Recreation Commission feels that due fo the pedestrian traffic flow along Highland, a sidewalk is necessap/. Dana Anderson further commented that the Park and Recreation Commission is not in favor of waiving the Park Dedication Fees: The Council discussed the need for the sidewalk proposed along Highland Avenue. It was a concern of the Council that a sidewalk would not be effective at this time and could possibly be put in at a later date when improvement work is done along Highland that could include a sidewalk project. Councilmember Dietz indicated that if the City does not include the sidewalk in the plat at this time, that it may be assessed to property owners when put in at a later date. Councilmember gie1'z further indicated that he is not in favor of waiving the park dedication fee for the plat. He indicated that the City must be fair and consistent, and further stated that the Cih/has not waived park dedication fees for other developers. Councilmember Dietz further stated that he is not in favor of taking land in lieu of park dedication at this time because of the park land available immediately to the west. Roger Derrick stated that he did not feet if was fair for the Council to request him to make all of the changes to the proposal with no consideration of eliminating the park dedication fees. He indicated that if the Council mandated that park dedication be paid, he would rather dedicate park land than pay cash. Following discussion of the issue with the Council and assuming that the Council would vote for the project without waiving fha park dedication fee, Mr. Derrick withdrew his proposal. Councilmember Scheel indicated that the Cih/charges fao many fees to the developers. She indicated that staff does not discuss the financial burden to fha developer and to the landowner during its review of developments. Page 6 City Council Meeting September 16, 1996 Councilmember Farber indicated that all of the neighbors were in favor of the proposed plan. He stated that he feels that the Council should consider taking land in-lieu of cash for park dedication. COUNClLMEMBER HOLMGREN MOVED TO POSTPONE A DECISION ON THIS ISSUE UNTIL OCTOBER 7, 1996. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.' Councilmember Farber Jeff at 8:45 p.m. 6.1. 6.2. 6.3. Matt Smith Request for Administrative Subdivision, Public Hearinq Case No. AS 96-3 Matt Smith Reauest for Variance, Public Hearinq Case No. V 96-10 Matt Smith Request for Conditional Use Permit, Public Hearinq Case No. CU 96-20 Planning Assistant Scott Hariicker indicated that Matt Smith is requesting an,. administrative subdivision to subdivide one parcel into h,vo Jots. The Planning Assistant stated that the applicant Js aJso requesting a variance to allow a 5,903 square foot Jot in the R3 zoning district which has a minimum lot size of 6,000 square feet. The applicant is also rec~uesting a conditional use permit for a zero lot Jine development. The affected property is located north of Railroad Drive between Freeport and Evans Street alignments, Lot 1, Block 18, Village of Etk River. Scott Harlicker gave the staff report on these three items. He indicated that the Planning Commission recommended approval of the variance and conditional use permit and that the Park and Recreation Commission recommended a cash dedication for the new lot being created. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Ouitsman dosed the public hearing. COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY MATT SMITH TO SUBDIVIDE ONE PARCEL INTO TWO LOTS WITH THE FOLLOWING CONDITIONS: AN ADMINISTRATIVE SUBDIVISION APPROVAL TO SUBDIVIDE THE PROPERTY INTO TWO PARCELS IS RECORDED WITH SHERBURNE COUNTY PRIOR TO THE ISSUANCE OF THE CONDITIONAL USE PERMIT. PAVED DRIVEWAYS AND PARKING BE PROVIDED AND SHOWN ON THE SITE PLAN. 3. INDIVIDUAL SERVICES BE PROVIDED TO EACH DWELLING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER SCHEEL MOVED TO GRANT A VARIANCE TO MATT SMITH TO ALLOW A 5,903 SQUARE FOOT LOT 1N THE R3 ZONE WHICH HAS A MINIMUM LOT SIZE OF 6,000 SQUARE FEET BASED ON THE FOLLOWING FINDINGS: THE LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP FOR THE APPLICANT SINCE THERE IS NO OTHER LOCATION FOR THE PROPOSED PROPERTY LINE AND AN ODD JOG IN THE PROPOSED PROPERTY LINE WILL DEPRIVE THE OWNER OF PARCEL 2 A USABLE BACK YARD. Elk River City Council Meeting October ?, t996 Pace 3 4.5b. Discuss Sherburne County-Household Hazardous Waste Collection Day 4.5C. 4.5d. 4,6. 5.1b. 5.1c. Zoning Assistant Kendra Lindahl informed the Council that the Sherburne County household hazardous waste clean up event on September 21 was a success. Code Enforcement Issues Zoning Assistant Kendra Lindahl reviewed code enforcement updates pertaining to 1996 complaints received by the zoning department. Discuss Chanqes to the Wetland Conservation Act Building and Zoning Administrator Steve Rohlf reviewed the significant changes fo the Wetland Conservation Act for 1996. Gradina Quotes for Baseball/Softball Recreation Fields Street/Park Superintendent Phil Hats indicated that due to the busy time of year he has received only one quote for grading the Cass proper-h/, however, he expects fo receive h,vo more quotes within the week. COUNCILMEMBER FARBER MOVED TO AUTHORIZE STAFF TO REVIEW THE THREE QUOTES AND TO APPROVE THE LOW QUOTE FOR GRADING OF THE CASS FIELDS PROVIDING THAT THE QUOTE IS UNDER $25;000. COUNCIl. MEMBER SCHEEL SECONDED THE MOTION. THE'MOTION CARRIED 5-0. Consider Meefina Date for MSF Worksession Assistant City Administrator Lori Johnson indicated that the City Administrator is requesting fha Council to call a special meeting in order to hold a worksession regarding the Minnesota Sports Federation. COUNCILMEMBER SCHEEL MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON THURSDAY, OCTOBER 17, AT 6 P.M. TO DISCUSS THE MINNESOTA SPORTS FEDERATION PROPOSAL. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Derrick Investment Preliminary Plat Derrick Investment Conditional Use Permit Derrick Investment Rezoninq City Planner Steve Ach indicated that the Council is requested to reconsider the following applications: a) rezoning of approximately 15 acres from R lc to PUD: b) preliminary plat request to subdivide approximately 17 acres into 6 single family lots and 15 townhouse lots; and c) a conditional use permit request for site plan review of a proposed 60 unit senior townhouse project as a planned unit development. Steve Ach indicated that he met with the developer several times to review issues of concern which the Council hod on September 16, 1996. Mayor Duitsman reopened the public hearing. Elk River City Council Meeting October 7, 1996 Page 4 Terry Lenz, 11827 Highland Road, thanked the Mayor and Council for their consideration of the project and indicated that she hoped the project was approved, l~ ,~o~Jncilmember Father indicated that the development would have a major impact on the neighborhood which would not add to the population of the schools. Councilmember Farber requested the Councitmembers to consider waiving the park and recreation fees. He stated that if the park fees were not waived, the developer could develop the property with single family lots, making the property more dense. Counciimember Scheel indicated she would also like to see the park dedication fees waived. Councilmember Scheel also stated that if the park is going to be a city park, she would like to see it designated as a park for senior citizens. Councilmember Oietz and Mayor Duitsman indicated that they were not in favor of waiving the park dedication fees as it would set a precedence which would affect other developers. Roger Derrick, developer, discussed with the Council eight issues of concern which are as follows: Request that the area assessment for sanitary sewer of $3,800 per acre be waived for the 1.7 acres that will not be used. Eiiminate the concrete curb and gutter along the driveways within the proiect. Eliminate the side, vaik along Highland Road.. Waive the requirement to extend the waterline along 193r~ Avenue from the proiects northeast corner dong the cemetery fo Holt Street. Authorize grading on the city park property to facilitate the construction of a driveway next to the westerly property line. Approve the preliminary plot with seven single family hots along 193rd Avenue. Authorize the payment of installation of utilities for the townhomes as part of the building permit fee. In addition, consider payment of park dedication and other development fees at time of building permit. Authorization to start grading prior to final pict recording. There being no further comments, Mayor guitsman closed the public hearing. Discussion was held regarding Item #7. City Attorney Peter Beck indicated that staff can work with the developer to address this issue and include language in the planned unit development agreement. This issue would apply only to the townhomes. After discussion regarding these issues, it was the consensus of the Council to authorize approval of the preliminary plat including Mr. Derrick's conditions numbers 2-8, but excluding condition number 1. Elk l~iver City Council Meeting October ?, 1996 Page 5 COUNCILMEMBER SCHEEL MOVED TO APPROVE THE PRELIMINARY PLAT FOR DERRICK INVESTMENT COMPANY TO SUBDIVIDE 1.7 ACRES INTO 7 SINGLE FAMILY LOTS AND 15 TOWNHOUSE LOTS WITH THE FOLLOWING CONDITIONS: A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THEF1NAL PLAT FOR RECORDING. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. ALL OF THE COMMENTS OUTLINED IN TERRY MAURER'S MEMO DATED SEPTEMBER 13, 1996, BE INCORPORATED INTO THE PLAT FOR APPROVAL. APPROPRIATE DRAINAGE AND UTILITY EASEMENTS BE PROVIDED THROUGHOUT THE ENTIRE PLAT TO ALLOW THE EXTENSION OF UTILITIES. A CASH PAYMENT BE MADE TO SATISFY THE PARK DEDICATION REQUIREMENTS IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT OF EACH PHASE. PAYMENT SCHEDULE SHALL BE OUTLINED IN THE PLANNED UNIT DEVELOPMENT AGREEMENT. METHOD OF PAYMENT OF SURFACE WATER MANAGEMENT FEE TO BE OUTLINED. IN .THE PUD AGREEMENT.. THE DEVELOPER HAS AGREED TO' PROVIDE THE CITY' WITH DOCUMENTATION THAT WILL STATE THE MINIMUM PRICE OF THE HOMES TO BE BUILT ON LOTS 1 THROUGH 7 ALONG 193RD AVENUE. o A WATER AVAILABILITY CHARGE OF $300 PER LOT BE PAID TO ELK RIVER UTILITIES BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. THE DEVELOPER MAY REQUEST ELK RIVER UTILITIES CONSIDER ALLOWING THIS FEE TO BE MADE AT THE TIME OF BUILDING PERMIT ISSUANCE. THE DEVELOPER SHOULD CONSULT WITH ELK RIVER UTILITIES TO DETERMINE ANY ADDITIONAL FEES OR CHARGES THAT MAY BE REQUIRED. ANY STREET LIGHTS REQUIRED BY ELK RIVER UTILITIES BE INCORPORATED INTO THE PROJECT AND BE MADE PART OF THE DEVELOPER'S AGREEMENT. 10. A GRADING PLAN BE PROVIDED FOR REVIEW AND APPROVAL BY THE CITY ENGINEER PRIOR TO COMMENCING WORK ON SITE. 11. A DEVELOPMENT PLAN IDENTIFYING F1NISHED FLOOR ELEVATION AND TYPE OF HOME BE PROVIDED TO THE CITY ENGINEER FOR REVIEW. 12. DEVELOPER SIGN A PETITION WAIVING RIGHTS TO APPEAL ASSESSMENT FOR THE UTILITIES TO BE INSTALLED AS PART OF THIS PROJECT. 13. THE DEVELOPER BE RESPONSIBLE FOR EXTENDING UTILITIES TO THE WESTERN LIMITS OF THE PLAT. 14. PROPERTY WiLL NEED TO BE ASSESSED 53,800.00 PER ACRE FOR TRUNK SEWER AND WATER. Elk t~iver City Council Meeting October ?, 1996 Page 6 COUNCIIMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNClLMEMBER FARBER MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR SITE PLAN REVIEW OF A 60 UNITing_R TOWNHOUSE PLANNED UNIT DEVELOPMENT FOR DERRICK INVESTMENT COMPANY WITH THE FOLLOWING CONDITIONS: THE REZONING AND PLAT APPROVAL BE ACTED UPON BY THE CiTY COUNCIL PRIOR TO APPROVING THE CONDITIONAL USE PERMIT. X COMMENTS FROM TERRY MAURER'S MEMO DATED SEPTEMBER 13, 1996, BE INCORPORATED INTO THE SITE PLANS FOR APPROVAL. CONCRETE CURB AND GUlffER BE PROVIDED THROUGHOUT ALL ROADWAYS THAT ARE 30 FEk-T WIDE. A COMPLETE LANDSCAPING PLAN BE SUBMIT[ED FOR REVIEW AND APPROVAL PRIOR TO COMMENCING WORK ON SITE. THE CENTER ISLAND IN THE DRIVEWAY OFF OF JACKSON BE CUT BACK OUT OF THE RIGHT-OF-WAY. 6. ALL LANDSCAPED AREAS SHALL HAVE UNDERGROUND IRRIGATION. THE TOWNHOUSE UNITS DEVELOPED IN THIS PROJECT SHALL CONSIST OF THE FOLLOWING: CAMBRIDGE- 970 SQ. FT. DARTMOUTH- 1,154 SQ. FT. DEVONSHIRE- 1,175 SQ. FT. HEATHERTON- 1,412 SQ. FT. EDINBOROUGH- 1,595 SQ. FT. NO PARKING SIGNS SHALL BE PROVIDED THROUGHOUT THE PROJECT AS REQUIRED BY THE FiRE CHIEF. A COMPLETE LIGHTING PLAN BE SUBMIlffED FOR REVIEW PRIOR TO COMMENCING WORK ON SITE. 10. DEVELOPER PROVIDE THE CITY A COPY OF DOCUMENTS SUPPORTING THE SENIOR HOUSING PROJECT. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCiLMEMBER FARBER MOVED TO ADOPT ORDINANCE 96-24, GRANTING THE REZONING OF APPROXIMATELY 15 ACRES FROM R1C, SINGLE FAMILY, TO PUD, PLANNED UNIT DEVELOPMENT, FOR SENIOR HOUSING PROJECT OF 15 BUILDINGS (60 UNITS) FOR DERRICK INVESTMENT COMPANY BASED ON THE FOLLOWING CONDITIONS: THE DENSITY OF THE TOWNHOUSE PROJECT IS CONSISTENT WiTH THE CURRENT LAND USE DESIGNATION OF MR (MEDIUM DENSITY RESIDENTIAL) AND OTHER SIMILAR PROJECTS WITHIN THE CITY. Elk ttiver City Council Meeting October 7, 1996 Page 7 2. THE PROJECT IS SERVED BY COLLECTOR STREk'TS ON TWO SIDES AND THE EXISTING ROADWAY SYSTEM CAN SUPPORT THE TRAFFIC THAT WILL BE GENERATED FROM THE PROPOSED PROJECT. 3. THE RETONING IS A LOGICAL TRANSITION OF LAND USE BETWEEN THE HIGHWAY COMMERCIAL IMMEDIATELY TO THE EAST, MULTI-FAMILY TO THE SOUTH AND SINGLE FAMILY RESIDENTIAL TO THE WEST AND NORTH. 4. THE AVAILABLE INFRASTRUCTURE IS SIZED ACCORDINGLY AND CAN BE EXTENDED TO SERVE THE PROPOSED PROJECT. 5. BY SAVING THE NATURAL RIDGE LINE AND MATURE TREES ON SITE, THE PROPOSED PROJECT MEETS THE INTENT OF A PLANNED UNIT DEVELOPMENT THROUGH CREATIVE DESIGN AND PRESERVATION OF NATURAL RESOURCES. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6. O~en Mike There wes no one present. 7. Other Business None presented. 8. Stoff godates None presented. 9. Adjournment There being no further business, COUNCILMEMBER FARBER MOVED TO ADJOURN THE MEETING. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Eik River City Council was adjourned at 7:40 p.m. Respectfully submitted, Sandra Thackeray City Clerk EXCERPT OF MINUTES FROM FEBRUARY 25, 1997 PLANNING COMMISSION MEETING - ITEM 6.5. 6.5. Derrick Investment Request for Amendment to PUD A.qreement, Public Hearing Hearinq Case No. CU 96-19 Staff report by Steve Ach. Derrick Investment is requesting an amendment to the planned unit development for the Cottages of Elk River, eliminating the residency requirement of the project's intent to be a housing development for active adults 55 and older. Roger Derrick, developer of the project, stated market research of their recent other developments in Eagan, Rochester and Albert Lee has indicated the need to open residency of the townhome project to all ages. Mr. Derrick explained the research firm has suggested either eliminating the age restriction or, eliminate the clubhouse. When surveying potential buyers, the majority favored eliminating the 55 years and older restriction and keeping the clubhouse. Mr. Derrick stated if the age restriction were removed, he could not legally turn away people with children. He noted the development would not cater to families and there would be no play area. Mr. Derrick also felt the parking issue could be addressed. Chair Anderson opened the public hearing. Ellie Kretsch, 11865 193rd Avenue, expressed her disappointment with Mr. Derrick, stating the residents had worked hard with him to resolve issues which were based on the fact the development would be for residents 55 years and older. Ms. Kretsch felt Mr. Derrick should have done his research before the development was presented to the city. Judith Gesch, 12255 191st Avenue, stated she was very disappointed with Mr. Derrick's decision to eliminate the residency requirement. She expressed concerns regarding, parking, density, and garbage pickup. Ms. Gesch explained she has had bad experiences where mixed ages are allowed in the proposed type of housing development. Donna Loudin, 11837 193rd Avenue, indicated her concern that Mr. Derrick was attempting to change the residency requirement, since the fact that the development would be for senior was the factor that finally "sold" the neighborhood on the project. She stated if the project had originally been proposed for open residency, she would have opposed it and supported single family residential instead. She urged the Planning Commission to deny the request. Gerry Loudin, 11837 193rd Avenue, stated he strongly urged the Planning Commission to reject Mr. Derrick's request. He felt traffic and density issues were taken into consideration based on the "55 years and older", and these issues would be viewed entirely different if the development were open to all ages. Mr. Derrick explained he would like to eliminate the residency restriction in order to market to a wider range of potential buyers. He noted his target is to sell all of the units within 3 years. Mr. Derrick explained he is making this request now to avoid the possibility of having to make the request later, if the units are not selling. There being no other public comments, Chair Anderson closed the public hearing. Members of the Planning Commission discussed issues related to access, parking, density, and traffic. It was the consensus of the Planning Commissioners to deny the request, and, that the project would need to be reconsidered as any other townhouse project, since the approval was given based upon the "55 years and older" concept. Discussion was given to postponing the request until the next Planning Commission in order to give Mr. Derrick time fo address the Planning Commission's concerns, or, to deny the request and pass it on to the City Council. Mr. Derrick requested the Planning Commission fo make their recommendation at this time and forward their request fo the City Council for consideration. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND DENIAL OF THE REQUEST BY DERRICK INVESTMENT TO AMEND THE PUD AGREEMENT FOR THE COTTAGES OF ELK RIVER, PUBLIC HEARING CASE NO. CU 96-19, BASED ON TESTIMONY RECEIVED DURING THE PUBIC HEARING AND THE FACT THE APPROVED SITE PLAN IS BASED ON 55 YEARS AND OLDER. IF THE RESIDENCY WERE TO CHANGE, A COMPLETE REVIEW SHOULD BE DONE. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 7-0. Mr. Derrick was advised to address the issues raised by the Planning Commission before the upcoming City Council meeting, regarding traffic, access, parking and curb and gutter. Respectfully submitted, Debbie Kleckner Recording Secretary Memorandum .~/ -x.~ To: ALL OFFICERS Elk Rive From: SGT. r Date: 1/19/96 Police Department Subject: TOWING Phil Collins, formerly of Boelters Towing, has started his own local towing service. Phil will do vehicle impounds, roadside starting and roadside tire changing. At this time he is operating one truck and will be using the fenced area behind Houle's for vehicle impounds. Phil is a AAA and Amoco Motor Club service provider. officers are authorized to use ,,Collins Brothers Towing" for private tow requests and department impounds. Unless, officers specify either Boelter's or Collins Brothers, SCSO dispatch will alternate using the two companies as they do with county tows. Boelter's should still be used for heavy towing or flat bed requirements. Impound release sheets are being modified to reflect this change. Please refer to the attached information sheet for additional details. 13065 Orono Parkway · P.O. Box 723 · Elk River, MN 55330 · (612) 441-2324 · Fax (612) 441-8937