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7.2. SR 05-21-2012c~:ity of Rsve REQUEST FOR ACTION TO ITEM NUMBER Ma or and Ci Council 7.2 AGENDA SECTION MEETING DATE PREPARED BY Public Hearin s Ma 21, 2012 erem Barnhart, Plannin Mana er ITEM DESCRIPTION REVIEWED By Request by Duffy Development Company for Conditional Use Cal Portner, Ci Administrator Permit to Amend Elk River Station Planned Unit Development REVIEWED BY - Outlot G Use, Case No. CU 12-08 ACTION REQUESTED Staff and the Planning Commission recommend approval of the Conditional Use Permit that would amend the Planned Unit Development (I'UD) Agreement to allow up to a 60-unit apartment on Outlot G in addition to the uses already listed. BACKGROUND/DISCUSSION In February 2012, the City Council reviewed, in concept, Duffy Development's proposed changes to the Planned Unit Development (PUD) agreement. A copy of that memo is attached. Outlot G of the Elk River Station Planned Unit Development was intended to be a 12,000 sq. ft. 1-story office/ retail building and a 6,000 sq. ft. convenience store and gas canopy. Through the development of the Focused Area Study, it was noted that an expectation of an influx of commercial development associated with the commuter rail may be misplaced, unless additional traffic can be generated. While traffic on Twin Lakes Road will only increase, it is not expected to rise to the level necessary to support 53,000 sq. feet (35,000 sq. ft. of commercial development is expected on the east side of Twin Lakes Road, as part of the Elk River Station development). The amendment, if approved, would allow up to a 60-unit apartment building, in addition to the office/retail/ convenience store previously envisioned. With this number of units, the building would likely be three or four stories. Should the amendment be approved, the property would need to be platted (public hearing) and a site plan would need to be approved (public hearing per the PUD agreement). Planning Commission Comment Planning Commissioners questioned the ability to have a mixed use building. This is an option, but not likely based on what the applicant is proposing. Commissioners also felt this use supported the Focused Area Study goals. Public Comment A notice of public hearing was sent to every property owner within the Elk River Station plat, as well as those within 350 feet. Over 300 notices were sent. FIt1iERED BY N:\Public Bodies\City Council\Council RCA\Agenda Packet\05-21-2012\CU 12-08 Duffy-ER Station II SR to CC 5-21-12 ~~ (1).docx Prior to the meeting, staff received no comments in support or opposition to the request. During the public hearing, no one spoke. After the meeting, three area residents were speaking with the applicant in the lobby and raised a number of concerns, including concern that the project will lower their property values, the apartment building would increase traffic on Twin Lakes Road, and that the apartment building would increase crime. After discussion, staff suggested they forward their concerns in writing for Council information. To date, no comments in support or opposition to the request have been received. FINANCIAL IMPACT None ATTACHMENTS ^ Planning Commission packet dated May 8, 2012 ^ Staff report to City Council RE concept plan dated February 13, 2012 ^ Amendment No. 2 Planned Unit Development Agreement Action Motion by Second by Vote FOllow Up N:\Public Bodies\City Council\Council RCA\Agenda Packet\05-21-2012\CU 12-08 Duffy-ER Station II SR to CC 5-21-12 (1).docx ~, ~~^ ~ ~_ Elk --.-1 River REQUEST FOR ACTION ~ O TO ITEM NUMBER Plannin Commission 4.2 AGENDA SECTION MEETING DATE PREPARED BY Plannin Ma 8, 2012 erem Barnhart, Plannin Mana er ITEM DESCRIPTION REVIEWED By Request by Duffy Development Company for Conditional Use erem Barnhart, Plannin Mana er Permit to Amend Elk River Station PUD - Outlot G Use, Case REVIEWED BY No. CU 12-08 -Public Hearing ACTION REQUESTED Staff recommends approval of a Conditional Use Permit that would amend the Planned Unit Development (PUD) agreement to change the land use prescribed for Outlot G of Elk River Station from Commercial to include multiple family residential. Applicant John Duffy, Duffy Development Location/ Address Outlot G, Elk River Station 60 Day Rule The City must take action by June 16, 2012. OVERVIEW The applicant is requesting. formal approval of a change of land use as it applies to Outlot G of the plat, specifically the portion of the project originally established for retail and office development, on the west side. of Twin Lakes Parkway, east of the train station parking lot. The original PUD proposed a 12,000 sq. ft. and a 5,000 retail/office building on the site. The applicant proposes to construct a 53-unit apartment building in their place. The building would be patterned after the recently completed Elk River Station apartment building, though the final design has yet to be completed. The convenience store pad and canopy area would remain as originally proposed. The City Council reviewed the proposed change as a concept in February, 2012. The Council supported the change in a 4-1 consensus, citing likelihood of the subject parcel being commercial given the existing and expected travel patterns, and the information learned through the FAST planning process. The Council member that opposed the change had concerns that residents are waiting for commercial in the area and he has challenges with changing the land use due to the economy. BACKGROUND/PRECEDENT The Elk River Station PUD was approved by the City Council on November 18, 2002. The agreement for the project was dated April 21, 2003, and included provisions for the construction of a 60-unit apartment building, a day care center, a 70-unit senior housing building, 5 office/retail buildings, a convenience store, and 298 townhouse lots. To date, the townhouse lots, the senior housing (Pullman Place), and the apartment building (53 units) have been constructed. Case File: 12-08 Page 2 GENERAL INFORMATION Elk 12iver Station II Location Existing Use Comprehensive Plan Current Zoning Designation Subject Vacant Public/ Semi Public PUD Property North Vacant Public/ Semi Public PUD South Vacant High Density Residential PUD East Elk River Station High Density Residential PUD residential community West Commuter rail Public/ Semi Public PUD/ I-1 station APPLICABLE REGULATIONS Conditional Use Permit The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. 2 .Will be consistent with the comprehensive plan. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. 4. Will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. S. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 7. Will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-654. N:\Departments\Community Development\Planning\Case Files\CUP\CU 12-U8 Duffy-Depot ER Station\CU 12-08 Depot II SR to PC 5-8- 12.docs Case File: 12-08 Page 3 Elk River Station II The process to amend a Planned Unit Development is through a Conditional Use Permit. The standards above apply, although the Planning Commission is asked to consider them in more general terms. In the review of the standards for CUP as outlined, it appears that the request is consistent with all of these standards. ANALYSIS The applicant proposes to change the allowable uses to include residential, specifically an apartment building. Staff is not supportive of a change in land use merely due to a poor economy. Part of the benefits of zoning is to establish areas within a city for different uses, densities, and infrastructure needs. These areas will be developed over time, providing for the logical evolution of the city. As different sectors (residential, commercial, industrial) peak and valley, their growth does not elimilzate opportunities for the other sectors. In this situation, the PUD for Elk River Station, developed well before the train station was approved, anticipated `trips' to and from the commuter rail station supporting commercial planned. In addition to the subject parcel, four other commercial parcels were planned, including a day care business. In reality, commuter rail uses traditionally do not visit shops near a station; they tend to get in their car and go. The habits of a commuter rail user differ greatly from that of a light rail uses, with more frequent daily stops, and a smaller service area that is covered by walking. A commuter rail station generates 10 stops or so a day (5 in the AM, 5 in the pm); not a volume necessary to support these businesses alone.. It became evident during the Focused Area-Study (FAST) planning process that an idea for retail immediately adjacent to the train stationwas not likely to be successful; in fact the FAST study identifies the subject area as Transit.Center, and includes residential uses. To build an apartment building. on the subject parcel, the following applications will need to be processed, at minimum: -The property will need to be platted (public hearing) -A Conditional Use permit will-need to be approved for the building (public hearing) Natural Resources The site is covered by trees; most, if not all, of these trees will be removed for development. Parks Through the platting process, the Park Commission will identify the park dedication requirements. Access Access to the site will be further studied, but is expected to incorporate the existing drive off of Twin Lakes Road, shared with the commuter rail parking lot. ATTACHMENTS Location Map Applicant's Narrative Location Map N:\Departments\Communiry Development\Planning\Case Files\CUP\CU 12-08 Duffy-Depot ER Station\CU 12-U8 Depot II SR to PC 5-8- 12.docs Case File: 12-08 Page 4 ^ Proposed Re-plat ^ Site Plan ^ Elk River Station Plat Elk River Station II QCt10Il \Totion by Second by Vote Follow Up N:\Depaztments\Communiry Development\Planning\Case Files\CUP\CU 12-08 Duffy-Depot ER Station\CU 12-08 Depot II SR to PC 5-8- 12.docs DESCR/PT/ON SKETCH prepared for. ELK RIVER STATION, LLP POINT OF COMMENCEMENT i ~,o s 1 W ~~ ~zj~ ~ ~ o ~ _~, \ ~~ ~ ~~ \ ~\ PARCEL A 2.2 Acres (95, 832 sq. ft.) PO/NT OF BEG/NNiNG S~ i 6; N84°°38'21 "E 3`~ yi ' ~~. s~ P ~;~ 1 ~, (43, IX/S71NQ PROPERTY DESCRIPTION OuGot G EGK RIVER STAnOlJ, Sherburne County, Minnesota. PROPOSED PROPERTY DESCR/PTION3 ` PARC~Y A fiat port of OuNot G E1.K RIVER STAAOIN, Sherburne County, M/nnesota, tying northerly of the fdlowing described line and its easterly and westerly extensions thereof Commencing of the moatwesterly comer of sold Out/ot C, thence South 38 degrees 57 minutae 2/ seconds Evat, assumed bearing, dung the westerly Ilne o/ sold Outlot 2 v distance of 25800 feet to the point of beginning of the lint to bs described; thence North B4 degrees 38 mMufea 21 seconds Eos~ o distance of 30207 feet, move or less fo the easterly line of sold Out/ot G and sold line than terminating. Subject to any easements resbretlons or reserwftana Of retard if any. PARCEL B fiat part of Ouuat ~ ELK RIVER sranON, Sharbume County, Mfnnesota, fjing southerly of Me fdlowing descrbed line and Its easterly and wesfaly extensions thereof. Commencing at the most westerly eomw of said OuUot G• thence South 38 degrees 57 minutes 21 aecronda Eos4 osaumad bearing, dong the westerly line of sdd Outlot G, o dbtonce of 25200 feet fo the point of bagkm/ng of the pne to be described• thence North B4 degrees 38 mMUtea 21 seconds Eoat, a distance of 30207 fee4 more or less to the easterly Nne of sold OuNot G and sold !!ne Mere taminoting. Subject to any eoaementa, restrictions or reaervoUone of record I/ sly. CIVIL ENGINEERS 300 THIRD AVENUE NE SURE 100 LAND SURVEYDRS CAM80.1DGE, MN 55009 PLANNERS (763)689-90/2 PH. (763)689.6681 EAX ~` 300.07 f ARCEL B ho ~~ \ ~ m9 ~,~ ~ ~~ ~ ~ ~~ o -~ ~r'° ~~ ~jz\ N t' __~ \ \ \ N __ \ \ ~ ..~ \ o ~ _;,{ ~ w _ 1 ~ 1 N - I " ~"" ~ .. I ...'.~1 1 I :: , . 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BACKGROUND/DISCUSSION The Elk River Station PL~nned Unit Development (PUD) was approved by the City Council on November 18, 2002. The agreement for the project was dated Apri121, 2003, and included provisions fox the construction of a 60-uxut apartment building, a daycare center, a 70-unit senior housing building, 5 office/retail buildings, a convenience store, and 298 townhouse lots. To date, the townhouse lots, the senior housing (Pullman Place), and the apartment building (53 units) have been constructed. The applicant is requesting concept review of a change of land use as it applies to Oudot G of the plat, specifically the portion of the project originally established for retail and office development, on the west side of Twin Lakes Parkway, east of the train station parking lot. The original PUD proposed a 12,000 sq. ft and a 5,000 sq. ft. retail/office building on the site. The applicant proposes to construct a 53-unit apartment building in its place. The building would be patterned after the recently completed F1k River Station apartment building, though the final design has yet to be completed. The convenience store pad and canopy area would remain as originally proposed. Because the use represents a change from the original planned development, the developer and staff felt it advantageous to gather initial comments from the City Council. Any comments made by the City Council will be considered by the applicant as he further evaluates the project. Outlot G is located within the 17150 Focused Area Study area and is identified by that plan as Transit Center. Appropriate uses in Transit Center include 2-5 story buildings, on street/structured parking, ground level retail/office/industrial, upper level residential, and office at 24-32 dwelling units per acre. The Transit Center was identified as a way, in part, to add to the critical mass of people necessary to make the area attractive to some of the support businesses. The Council is asked to provide feedback of the proposed use in that location, and what, if any, concerns they would like to see addressed if the project moves forward. Ultimately, formal reviews will include a Planned Unit Development Agreement amendment, lot split, and site plan for the apartment building. rerE~Ea r- N:\Public Bodies\City Council\Council RCA\Agenda Packet\02-13-2012\Elk River Station II 2-13-1].docx ~~~ FINANCIAL IMPACT None ATTACHMENTS • Development Plan ^ Sketch of Ells River Station II Action Motion by Second by Vote Follow Up N:\Public Bodies\City Council\Council RCA\Agenda Packet\02-13-2012\Elk River Station II 2-13-11.doac ~~ ~ ti i#Ii~~~~~~~~i~~t}i~ t~~~~ ~~ i a ; ~ , ~, ~~~ ~ ~' ~~~~t~;•t~~~#r~ a ~il~ ~~ }• p t ~ y ~a ~ Ifmt _ s f~ 1 ~1 1~ _ fll s_ ~ ~ ~ ~'~~ j~~~~~ ~ ~ ; ~~ ~~~~ i r=.~ ~~_# t ~r ;~~~~l~~~ii~~~~ ~ . a~ ~ $; ~3 ~ I ~ ,:: d~ pp ~} F+ ~ ~Y' s~ ~ ~ ~~~ `;._ 1 Ap ~+ ~. s RKy E ~ (i ~~ s4~~$$~ ~p~gga~3~~g ~ a - k. g ~~~9 !; 8 O Fiii }~ Y i d ~ ~~~ L~€ _ d 4i m 'i4 i wgta 3? $ F~b~~i as " ~. RR _ a • ~' ~ ~ ~> k ® S ~ ~ ~~ ~~- ~ w ~ ®` ~ ~~~~ ~ ~ J d ~~~~fa r ~ ° ~ ;~ 3 t ` ~ 3 ~'ga w' i ~2~ i ~ ~ a ! ~ V 4 ~. ~~ k i '~ ~o /' / ~/ ~ j,~' / G ,pia J i ~, _I' ~~ r ~ '• re; .~ ~~ i o Y% _ ~ ~ ~ ~ . ~ ~ a iw q~ RC __ ~ ~~ I i } I a ~ ~ h ~ a s ..J R 01 a w' • / ~ ~ 1 or I g~~ ~i ~ ` ` RCy ~~o \ a RCy ' ~ _ ~ .\ E o ~ A • \ ~• ~ L ~ ~ _ \ i•\\ ~. :~ \ 'sg •-A„ \ _._~~ ~ w ~ \ ~. a ~! •1: '/100•.N7~t' UII . R r ~ ~ _ i ~ -1~- - -1-1- 0 a ' L J ~ ~Q ~ _ ~ ~ ~ ~ -_- ~ ~- . 1 r~ ~~~ \ I ~~~ 1 r~~ `~~\ ~ ~ ~ `~ I ~ ~\ I ~ `\~~ \ ~ ~ ~~ ~ I ~ ~ ~`\ I I~ `~~ `~~ ~ SITE PLAN scat.e: r , sm~_m. • 24 x ~ ScAIE M FEET sc;4LE: I" = Ord'-m" • U x Ir ~ ~ soy ao, a ~~. AMENDMENT NO. 2 to ELK RIVER STATION PLANNED UNIT DEVELOPMENT AGREEMENT CITY OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA THIS AMENDMENT NO. 2 is made as of the _day of , 2012, by and between the CITY OF ELK RIVER, Sherburne County, Minnesota (the City), and Elk River Station, LLP; a Minnesota Limited Liability Partnership. WITNESSETH: WHEREAS, on April 21, 2003, the City of Elk River and Elk River Station, LLP hereto entered into Elk River Station Planned Unit Development Agreement; and WHEREAS, on September 21, 2009 the Elk River City Council approved Amendment No. 1 to the Elk River Station Planned Unit Development. WHEREAS, on , 2012 the Elk River City Council approved Amendment No. 2 to the Elk River Station Planned Unit Development. NOW, THEREFORE, it is hereby agreed by and between the parties here as follows: 1.) The Elk River Station Planned Unit Development Agreement is hereby amended as follows: In addition to permitted uses listed in Section 3. (01) of the Development Agreement for Elk River Station dated April 23, 2003 (office, retail, personal service, financial institutions), up to a 60 unit 4 story apartment building may be constructed on Outlot G, Elk River Station. Parking for this building may be at a ratio of 2.34 spaces per unit. 2.) Minimum setbacks shall be 30 feet front yard, 10 feet side yard, 20 feet rear yard. 3.) The words, phrases, terms, and conditions used herein shall be interpreted the same as those used in the Elk River Station Planned Unit Development Agreement. 4.) All other terms and conditions of the Elk River Station Planned Unit Development Agreement, as amended, shall remain in full force and effect and shall be binding upon the parties hereto, except to the extent clearly inconsistent with the terms and conditions of this Amendment No. 1. IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be duly executed in their names and on their behalf on or as of the date first above written. ATTEST: CITY OF ELK RIVER Tina Allard Its: City Clerk john J. Dietz Its: Mayor DEVELOPER: By: Its: By: Its: STATE OF MINNESOTA ) ss. COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this day of 2012 by John J Dietz and Tina Allard, the Mayor and City Clerk, respectively, for the City of Elk River, Minnesota. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this day of 2012, by and of Notary Public N:\Public Bodies\Ciry Council\Council RCA\Agenda Packet\05-21-2012\Duffy PUD.docx