7.1. SR 12-16-2013 City of
Elk - Request for Action
River O.
To Item Number
Mayor and City Council 7.1
Agenda Section Meeting Date Prepared by
Public Hearin December 16, 2013 Zack Carlton,Planning Intern
Item Description Reviewed by
Heritage Maples,Marilyn Van Patten Jeremy Barnhart,Deputy Director, CODD
a. Preliminary Plat, Case No. P13-03 Reviewed by
b. Resolution for Final Plat, Case No. P13-03 Cal Portner, City Administrator
c. Conditional Use Permit, Case No. CU 13-11
Action Requested
Approve by motion,the Preliminary Plat with the following conditions:
1. Access restriction shall be placed along Highway 10.
2. Development agreement shall be signed outlining costs and responsibilities to the satisfaction
of the City Attorney.
Approve,by resolution,the Final Plat with the following conditions:
1. Access restriction shall be placed along Highway 10.
2. Development agreement shall be signed, outlining costs and responsibilities to the
satisfaction of the City Attorney.
3. A letter of credit or other security acceptable to the city be provided in the amount of
100% of the cost of public improvements.
4. Upon completing all of the improvements and having them accepted by the city,a
warranty bond in the amount of 25% of the improvement costs shall be submitted to
the city for a one year period.
5. Surface water management fee in the amount required by the city at the time of final
plat be paid prior to releasing the plat for recording. ($208 per lot,2013 rate)
6. Sealcoat fee in the amount to be determined by the city engineer be paid to the city
prior to releasing the plat for recording.
7. Park dedication shall be paid for the one buildable lot at the rate applicable at the time
the plat is released for recording.
8. All required wetland and grading permits must be obtained prior to commencing work
on the site.
9. Grading and erosion control plan and development plan be submitted and approved by
the city engineer prior to the issuance of grading permits.
10. All grading will need to be certified prior to the issuance of building permits.
11. Street lights shall be installed as recommended by Elk River municipal utilities.
12. Water availability charge be paid prior to releasing the plat for recording.
13. Any item or condition found that indicates the site is likely to yield information
important to pre-history or history shall be reported to the city immediately. Further,
the city reserves the right to stop work authorized in its approval until the site is
appropriately investigated and work is authorized.
P a w E A E U s r
NaA f RE]
Approve,by motion,the Conditional Use Permit with the following conditions:
1. Submit and receive approval from staff, both landscape and architectural plans addressing staff
comments below,regarding placement of the patio, fence, and trees.
2. Submit and receive approval from staff, a unified landscape plan for the entire 10.4 acre parcel.
3. Submit a site plan showing the retaining wall near Yankton Street moved out of the right-of-
way, addressing staffs comments from letter dated September 17, 2013.
4. A PUD agreement shall be developed and signed by both parties prior to issuance of a building
permit.
Background
The applicant is requesting Preliminary Plat, Final Plat, and Conditional Use Permit (CUP) approval to
subdivide 10.4 acres into two lots and develop these as a Planned Unit Development. Proposed
development includes a 20-unit memory care facility on 1.08 acres, and a 7.84 acre oudot for future
development. Future development is anticipated to be a 48-unit senior housing complex with multiple
townhome style structures.Access to the project will be from an extension of Yankton Street, and there
are no proposed access changes along Highway 10.
Planning Commission
The Planning Commission asked why a temporary cul-de-sac is proposed instead of making the
connection to Waco Street. Staff noted that the parcel between the Heritage Maples facility and Waco is
privately owned and that the city or the developer has no plans to purchase road right-of-way at this time.
The Commission had no other concerns with the requests and unanimously recommended approval of
the Preliminary Plat and the Conditional Use Permit.
Public Hearing
The applicant described the project asked for clarification on the landscape plan requirements. Staff
explained that for final approval, the city must receive a unified landscape plan for the entire Planned
Unit Development. Staff noted that this does not mean the landscaping must be installed upon approval,
but that it aids in the understanding of future plans. The applicant also stated that she is okay with the
conditions. The applicant questioned the need to revise the plan for the patio. It was explained that the
landscape plan shows trees in the concrete patio and should be amended.
Financial Impact
None
Attachments
• Planning Commission packet dated December 10, 2013
• Resolution for Final Plat
Elk -.- Request for Action
River
To Item Number
Planning Commission 4.4 and 4.5
Agenda Section Meeting Date Prepared by
Public Items December 10,2013 Zack Carlton,Planning Intern
Item Description Reviewed by
Request by Marilyn VanPatten for Preliminary Plat Jeremy Barnhart, Deputy Director, CODD
approval (Heritage Maples), Case No. P 13-03 Reviewed by
Request by Marilyn VanPatten for Conditional Use Chris Leeseberg,Park Planner -Planner
Permit (Heritage Maples), Case No. CU 13-11
Action Requested
Recommend, by motion,Preliminary Plat approval
1. Access restriction shall be placed along Highway 10.
2. Development agreement shall be signed outlining costs and responsibilities to the
satisfaction of the City Attorney.
Recommend,by motion Conditional Use Permit approval with the following conditions.
1. Submit, and receive approval from staff, both landscape and architectural plans
addressing staff comments below, regarding placement of the patio,fence, and trees.
2. Submit, and receive approval from staff, a unified landscape plan for the entire 10.4 acre
parcel.
3. Submit a site plan showing the retaining wall near Yankton Street moved out of the right-
of-way, addressing staffs comments from letter dated September 17,2013.
4. A PUD agreement shall be developed and signed by both parties prior to issuance of a
building permit.
Background/Discussion
The applicant is requesting Preliminary Plat and Conditional Use Permit (CUP) approval to subdivide
10.4 acres into two lots and develop these as a Planned Unit Development.Although zoned as a PUD,
the conditional use permit allowing development has expired,requiring a new CUP to authorize
development in a specific pattern.
The applicant proposes two lots,a 20 unit memory care facility on the eastern 1.08 acres,and a 7.84 acre
outlot to the west for future development. The future development is anticipated to be a 48 unit senior
housing development with multiple structures.
Plat improvements include an extension of Yankton Street, a yet to be named service road with future
connections to Waco Street in the east and Big Lake Township in the west. The plat does not include
access to Highway 10. The project will be served by city sewer and water,which will be extended from
the south. Storm water will be retained on site per the city's permit requirements
P 9 E R E � I t
The conditional use permit, as proposed,would allow for the construction of the proposed memory care
facility as a permitted use. Access to the site will be via the service drive. The facility will be a one story
14,500 square foot building with parking to the north of the facility.
Analysis
Plat
The preliminary plat creates two lots, one buildable and with a current development plan,and the second
as an outlot for future development. The oudot includes a 1.7 acre wetland that will be impacted by the
proposed project.
The construction of Yankton Street, a sidewalk, and a detention pond encroach on the 25 foot wetland
buffer. However, due to the existing location of Yankton Street and the hardship created by extending
the roadway and sidewalk,staff supports the proposal.
Site Plan
The facility is sited on a triangular shaped parcel and access comes from two driveways off of the service
road and one from the temporary cul-de-sac. The sidewalk along Yankton is extended to the intersection
with the service road,and a new sidewalk will be constructed on the south side of the service road.
The parking lot includes 15 spaces,meeting the ordinance requirement of 12 to 13 stalls depending on
the number of facility vehicles.The building is bordered by a sidewalk on two sides for pedestrian access
to and from the building and the parking lot. The trash enclosure is located east of the parking lot,near
the entrance from the temporary cul-de-sac.The enclosure is with finished with prefinished steel siding
designed to match the building.
Drainage and Grading
The site design collects runoff from the parking lot and directs it to two raingardens along the south side
of the unnamed road. Overflow from the raingardens is directed to the proposed stormsewer. Drainage
from the roadway is channeled through curb and gutter to a series of catch-basins. Overflow and surface
water runoff is directed to a wet detention pond west of Yankton Street. The pond is approximately nine
feet deep under normal conditions,and directs excess runoff into the wetland. The drainage plan has
been reviewed by staff and meets the current requirements.
The grading plan requires two retaining walls, one adjacent to the sidewalk west of Yankton, and one
along the east side of the parking lot. The retaining walls are approximately 3 to 3.5 feet tall. When a
retaining wall is three feet or more in height a fence or barrier must be installed.The retaining wall along
Yankton includes a three foot black chain link fence. Staff has concerns with this retaining wall as it is
located within the proposed right-of-way for Yankton. If located within city right-of-way it would
become the city's responsibility in the future. The wall along the parking lot includes a four foot solid
vinyl fence which also serves to prevent headlights from shining into the adjacent residential properties.
Building/Architecture
The proposed facility includes 20 dormitory style rooms, an in house kitchen,a dining room, and a sun
room with access to an outside patio.The patio is constructed with concrete and surrounded by a six foot
privacy fence.
The siding will be two shades of green prefnished steel siding with white trim for highlights. The north,
east,and west elevations include a number of vertical accents consisting of a natural stone veneer. Three
decorative cupolas accent the ridgeline.A similar color and design scheme will be carried over to the
planned 48 unit development on oudot A.
Landscaping
The landscape plan has been prepared by a landscape architect and provides the minimum number of
trees. Evergreen trees are used to screen the building and trash enclosure from view by the residential
development to the south.The raingardens will be planted with an undefined infiltration mix and all areas
not occupied by building or pavement will be sodded and irrigated. The proposed landscape plan does
not include the proposed fence or patio as illustrated in the architectural plans. There appears to be a
potential for conflict between the proposed trees and the patio.The fence and patio area should be
included on the landscape plan in order to understand their relationship.
Applicable Regulations
Subdivision
These findings are necessary for City Council approval of the preliminary plat and the final plat:
1. The proposed subdivision is consistent with the tioning regulations(article VI of this chapter) and conforms in all
respects with all requirements of this Code, including the tioning regulations and this article.
2. The proposed subdivision is consistent with all applicable general and speciali vd city, count', and regional plans,
including, but not limited to, the city's comprehensive development plan.
3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibiliy to
erosion and siltation, susceptibility to flooding, and drainage are suitable for the ype and density of development
and uses contemplated.
4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation,
erosion control and all other services,facilities and improvements otherwise required in this article.
5. The proposed subdivision will not cause substantial environmental damage.
6. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a
court.
7. The proposed subdivision will not have an undue and adverse impact on the reasonable development of neighboring
land.
8. The proposed subdivision is not premature.A subdivision is premature if any of the following exists.
a. Lack of adequate stormwater drainage.
b. Lack of adequate roads.
c. Lack of adequate sanitary sewer ystems.
d. Lack of adequate off-site public improvements or support ystems.
In the review of these standards,it appears that the request is consistent with all of these standards.
Conditional Use Permit
The issuance of a Co ditional Use Permit can be ordered only if the use at the proposed location:
1. 1Vill not endanger, injure or detrimentally affect the use and enjoyment of otherpropert v in the immediate vicinity
or the public health, safety,morals, comfort, convenience orgeneral 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 propery.
4. bill 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 ystems,parks and schools and will not, in
particular, create traffic congestion or interference with trafc on adjacent and neighboring public thoroughfares.
5. Vill not involve uses, activities,processes, materials, equipment and conditions of operation that will be
detrimental to any persons orproperty 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. TYill fully comply with all other requirements of this Code, including any applicable requirements and standardr
for the issuance of a license or permit to establish and operate the proposed use in the city.
In addition to these criteria, the following information must be included in a Planned Unit Developments
PUD development plan. If the council approves the conditional use permit for the planned unit development,
approval of the conditional use permit shall include approval of a specific PUD development plan. The PUD
developmentplan shall include:
7._A site plan for the PUD, including location, sitie and use of all lots, buildings,parking areas,ponding
areas,parks and open spaces.
2. Building elevations illustrating uniform design elements, building materials and color schemer.
3.A plan for the installation of on-site and off site public improvements(including utilities, streets, etc.)
necessary to serve the PUD.
4._A unified landscape plan including berms, screening and landscaping materials.
S.A uniform sign age playa including location, pe and side of signage.
The applicant has addressed a number of staffs concerns from the last Planning Commission meeting.
The preliminary plat includes the proposed development on oudot A, satisfying above item 1.The
building elevations illustrate both the proposed building and the future project. Staff is satisfied with the
plans for the project, satisfying item 3. The submitted information does not include a unified landscaping
plan for both lot 1 and oudot A.The final landscape plan is a condition for approval.
Financial Impact
None
Attachments
• Site and landscape plan received October 30, 2013
• Architectural plans dated November 20, 2013
• Applicant narrative received November 19,2013
• Applicant narrative dated August 13, 2013
• Staff comment letter dated September 17, 2013
• Response letter dated October 30, 2013
• Staff report dated September 10,2013
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1 hereby certify thot this p1pn,if-DATE: 7/29/2013 NO DATE DESCRIPTION
\�'•�m HERITAGE MAPLES SENIOR LIYNG oaaon,or rePprt.as weParea o�me
Oliver Surveying&Engine ring,Inc.pr p a y mre.t spperP sln d DESIGN BY: RDA 8 27 13 CITY REVIEW
that m® ty Licensetl Professional DRAWN 0Y: D',
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NOV 19 2013
PROJECT NARRATIVE
HERITAGE MAPLES
ELK RIVER, MINNESOTA
Project Description:
Heritage Maples Senior Living is proposing the Heritage Maples multi-family residential development on
the remaining 13.82-acre triangle parcel located adjacent to Highway 10 on the South Service Road
between Big Lake Township and the West side of Yankton Street.Heritage Maples is a Planned Unit
Development(PUD)consisting of 48 units on the west parcel and the Heritage Maples Senior Living
building on the east parcel.(The Heritage Maples Senior Living Building on the 3 Acres to the East has
been addressed in an earlier Narrative). Because of the properties'location and current market demand it
was envisioned that the site should be developed as a senior living age 55 plus development with mix
housing types to take advantage of the natural topography and ecological features within and surrounding
the site.The site will provide an attractive residential enclave surrounded by natural and recreational
enjoyment with spacious and scenic views. This portion of the development of the 10-acre Parcel of the
PUD is scheduled for construction at a later date .
As a PUD the development incorporates the following design:
1. 3 types of residential housing units utilizing a slab on grade design.
2. Clustering of units to preserve existing wetlands and wildlife areas.
3. Clustering the residential units minimizes the amount of road that is needed and lessens
impacts to the surrounding area.
4. Providing enhanced mitigation areas for storm water management.
5. A plaza area is provided for a central gathering area and passive recreation.
6. Enhanced landscaping with a mix of overstory,understory and coniferous trees along with
building foundation plantings.
7. Landscaped bermed areas along the South Service Road to provide screening from traffic.
8. Proposed Monument sign at the entrance of the development.
Existing Conditions
The l0+acre site consists of a rolling topography with medium tree coverage and wetlands.The
development will be bordered by Yankton Street on the East, a service road on the North and the western
edge is bordered by the Elk Dale single-family addition.Although the topography is rolling,water
generally drains from west to east and southeast into a large wetland basin located along Yankton Street
and the south end of the site. The site consists of a medium canopy coverage primarily located on the
south portion of the property along the existing wetland basin. A overhead electric power line running
east to west is located in the central portion of the property.
Proposed Updated Zoning
Access to the 48 units located on the west parcel is from a private drive. A new service road will extend
from the service road planned for on the North side of Heritage Maples Senior Living Resident,south of
Highway 10 to the service road in Elk Dale.The Road will have curb and gutter to provide an urban feel
and enhanced storm water control. The housing will remain the same as was planned for the original
planning in August 2005. Grading throughout the property will be quite extensive to accommodate slab on
grade impacts will affect the tree portion located on the southern end of the site,however the existing
wetland basin was preserve. Three stormwater ponds are proposed for this development to provide an
enhanced mitigation area for stormwater management. The stormwater retention pond will treat and
provide rate control for the stormwater generated on the public road and proposed development.
Sewer and water is proposing to use existing city services.
Proposed Housing
The proposed housing will remain as planned in the original concept for this PUD. The engineering is
changing per the new requirements with an enlarged storm sewer system and additional drainage. We feel
that the outcome of the Heritage Maple Development will enhance and benefit the City of Elk River for the
following reasons:
• This development will benefit the aging population in Elk River and will be part of the
aging in place concept.
• A unique housing product consisting of three types of housing units. A four unit building
is being provided instead of an 8 unit building,which is allowed per city code.This will
greatly enhance the character and overall look of the development.
• The only difference will be the color design of the units.The colors will be coordinated
with the Heritage Maples Senior Living Residence to provide an updated color scheme.
• The town houses will have the same exterior materials as the Heritage Maples Senior
Residence. Steel or vinyl siding with stacked rock trim.
• The overall design consists of 4 units per acre.
• Enhanced landscaping is proposed throughout the development. An enhanced front
entrance sign is also being proposed for additional visual character.
• A 30,000 square-foot wetland enhancement is proposed for the existing lower
quality/degraded wetland basin located on the eastern portion of the site.
• A plaza area is provided for a central gathering area and passive recreation. This area is
intended to be a shared amenity for the entire development.
• The construction and expansion for the Highway 10 Service Road has been requested by
the City of Elk River and is being proposed as part of the development. This will provide
a key access route for the proposed site and surrounding area along the service road for
further development.
• An extension of utility services as requested by the City of Elk River is also being
proposed as part of the development. This will greatly enhance future growth to the west
side of the City.
Conclusion
As mentioned earlier, Heritage Maples Development is requesting the site remain as designed and
approved in August 2005. The housing will remain the same and the engineering will be upgraded to
meet the new requirements of the City of Elk River and the State of Minnesota at time of construction. We
feel Heritage Maples development will provide added character an enhanced residential living in the City
of Elk River.
We are excited and look forward to working with city staff on this development in efforts to provide a
high quality and much needed senior housing development for the aging in place concept.
The following pictures are located in Elk Run off of Jackson street. The original design of the new houses
mimic these but with upgraded color scheme.
3
r §
Marilyn Van Patten for Planning
August 13, 2013
Heritage Maples Senior Living Housing
I believe this narrative will take care of the Security/Operations, Building and
Landscaping concerns. It will also give you a little history of my preparation to build this type of
facility.
The history of my project to build Senior housing was conceived after a sale fell-thru on
large parcel of land that was owned by my husband Dennis Chuba, and a partner. The parcel's
final platting, engineering and layout design was approved by the City of Elk River which
was designed to support the construction of 52 units of Senior Town Houses. After the
company building the town houses backed out because of the economy, I had the land listed for
sale listed for several years. The city of Elk River came out with the Maxfield report that
stressed the city's need for senior housing.
I contacted an architect who had designed several projects for my husband and asked
him evaluate the site. He thought it was beautiful. My husband had been skeptical about the
property because it is right on Highway 10 In Elk River,but I found older people like watching
the traffic. The land is also only two blocks away from a large clinic in Elk River, so it is close
to medical facilities, which is a great convenience.
Spring of 2012, I visited with a friend who is a professor at St. Cloud University, and
told her about the idea of building senior housing. She mentioned that she knew the head of
1
the Gerontology Department at SCSU . She thought I should talk to her and take some classes in
this subject as it would help me understand housing for seniors. I talked to the head of the
department and came away registered for fall classes for a minor in Gerontology.
One of the classes I took this winter was "Aging and Housing
Options for Seniors helped me the most.
Continuing with our plan to build senior residences on the land, Victor Pacheco (a
Landscape Architect) and I made several appointments with the city. Our development was
approved about 10 years ago and we needed to see where the city stood with the plans we had
for the development. Our land was designated a Planned Unit Development(PUD) and was the
last one in the city of Elk River. This gave us some freedom in doing what we wanted to do
regarding the building of senior housing. After further study of the layout of the property, we
discovered the property was broken up in two different plats, I could develop the three acre
parcel to the east first .
The city Building and Zoning Administrator was very enthusiastic about the project.
The next step was deciding what type of senior housing to build there. The property is
challenging, as it is a triangular parcel. I had my architect look into building a corporate group
home. He gave me several sketches, but I figured we needed more rooms to make it financially
feasible.
For my class in Social Gerontology, I did some service work at Lakeview in Dassel,
Minnesota. There I met Judy Berry, one of the owners of the property. She had two large
home facilities. The Lakeview facility in Dassel has sixteen residents; I don't know how
many were in the second home in Darwin. She had two kitchens that each served eight residents.
2
This eliminated the need for a commercial kitchen . Big Lake has a similar facility called
Cherrywood. It was filled in less than one year with a total capacity of 20. They have two
kitchens also.
The facility had large common areas that were shared with her residents. Most of the
people shared rooms. The facility in Big Lake, Cherrywood has 20 residents. Touring Senior
Complexes with my class, I visited 4 more memory or advanced care cottages in the St. Cloud
area. Country Manor in Sartell has a 36 unit Memory care facility, Prairie Ridge in Sartell has
16 units, St. Benedicts in St. Cloud has 30+units and Good Shepherd has 24 units.
My husband and I had talked to Marshall Weems, the Executive Director
of Cherrywood Assisted Living Homes. Marshall invited me to visit this facility in Big Lake to
find out what our impression was. The facility was beautiful. It has two wings with a large
center family room. Each wing was identical; each with its own kitchen, living rooms individual
bedrooms, laundry rooms and huge bedrooms to accommodate the residents. There is a beauty
shop, laundry space, office space and a spa room also (large walk-in tubs). The facility had
wide hallways and a porch that ran all along one side of the building.
Because there is a moratorium on nursing homes being built and the need is so great.
This building covers the need for people who fall between the cracks. They cannot take care of
themselves in regular assisted living homes and there is such a need for this type of living
arrangement that more homes like this are needed. It is found that people with Alzheimer's and
stroke related memory loss are happier in this type of home like setting. So this is what
influenced me to build this type of building.
3
My building will have the sunroom on the south side of the building. The residents will
have access to the outside from this room. People with dementia like different kinds of views.
They actually like traffic and will be occupied for hours watching traffic. The area in back of the
sunroom will be fenced as most of the facilities I visited were. There will be raised planters in
this area for resident gardening. The residents enjoy this.
The Architect is instructed to use Universal Design through-out for the ease and
comfort of the residents. The residents will be wearing pendants, a safety device, for the
wanderers. The building will be locked down with a call system and alarm. The building will
adhere to the fire codes incorporating a sprinkler system and it will have a monitoring system
for the needy residents. This is a different type project from West Oaks and as I do not think
West Oaks is particularly appealing; I do not wish to design it after their design and colors.
As I stated in my narrative the employees numbers are variable. There will be a
Professional director, a full time nurse who is on call full time and at the facility part time, a
l �
cook and several personal care attendants. One PCA is needed for every 5 residents, so the
number of residents will determine the number of employees. There will be some full time
and some part time employees.
I believe from the from the drawings submitted by Oliver Surveying and Engineering, Inc
has allotted more than the minimum amount of trees. A Landscape Architect will design the
green space and resident requirements. A sprinkling system will be utilized. I don't know exactly
what you mean by Headlight screening is required adjacent to the parking lot along the south
property line, but I think the 6' fencing should be adequate for that.
4
September 17,2013
Ms. Marilyn VanPatten
10451175"'Ave NW
Elk River, MN 55330
Re: Heritage Maples:
Preliminary and Final Plat
Conditional Use Permit
Dear Ms. VanPatten,
Thank you for meeting with me at my office on Friday, September 13, 2013. Much of the
following is a summary of our conversation,plus some information based on the review of
your latest submittal,received August 27, 2013.
Timm
The City is required to act on an application within 60 days of an application for conditional
use, and within 120 days of an application for preliminary plat. The city is permitted to
extend this review time an additional 60 days,provides such extension is sent prior to the
review period ending. Because the City is not certain when the application will be reviewed,
the city,by this letter,is extending the review period an additional 60 days. The City must
now decide on the conditional use permit by November 29, 2016 and the preliminary plat by
January 29, 2014.
Deadlines
The next two Planning Commission meetings are scheduled for October 8`t'and November
12. To be included on the October 8 meeting, I'll need full,revised plans, architectural
drawings, and the wetland and stormwater information by noon, September 25 . This is
firm, as a public hearing notice will need to be sent that day.
For the Planning Commission meeting on November 12th, I need the same information by
noon, October 30`h.
Please note that if the information is not complete,I'll have to delay the public hearing and
action. I do this to avoid wasting time and resources getting the project ready for the public
hearings.
SummarZ:of the meeting
We discussed the need to obtain the services of an architect, to help with the design of the
building structurally and operationally,but also to identify the design elements of the
structure itself, to be communicated throughout the balance of the project, to create the
harmonious planned development expected of the PUD zoning. Any plan submittal should
include scaled drawings,materials and colors.
We also discussed the need to provide a layout and land use plan for the western 2/3 of the
property. The level of detail will dictate the level of approval. Conceptual drawings will
yield conceptual approval.
Engineering/Water
1. Drainage calculations provided do not follow the requirements of the 2013 MPCA
Construction Stormwater Permit. Major changes to the new permit include but are not
limited to the drainage volumes leaving the site not exceeding predevelopment volumes
and ATLAS 14 precipitation data is to be used for all events. Please review the new
requirements on the MPCA website at:
hM://a°ww pca state mn us/index php/water/water-types-and-
programs/stormwater/construction-stormwater/mpca-to-re-issue-construction-
stormwater-general-permit.html
2. Please show adjacent property contour information to better identify how water is
projected to leave the site. The east side appears to go south across the property line.
3. Per drawings dated 08/06/2013, there appears to be a low point proposed to be
graded into the TH 10 ditch near proposed station 2+75. Adjust to assure positive
drainage is maintained along the TH 10 south ditch line. Please provide approval from
MnDOT.
4. Contours of proposed detention pond cannot extend into the proposed sidewalk.
5. The retaining wall on the west side of Yankton St should be located off of the right of
way and remain of private ownership. Please include a detail of said wall.
6. Please include a detail of the trash enclosure.
7. Provide documentation showing the wetland boundary has a current certified
delineation within the last 3 years.
Environmental
8. Proposed storm water systems will need to adhere to the new NPDES permit
requirements for storm water
9. Yankton street, the sidewalk,and the detention pond encroach into the wetland
buffer. Staff supports the encroachment, due in part to the hardship caused by the
existing Yankton,however, this will be highlighted during the public review.
Securitv/ operations
10. There is some concern for the residents leaving the property and trying to walk
along/ cross Highway 10. What security measures are in place for the residents?
11. How many employees are envisioned per shift?
Buil&g
12. As this project will be developed as PUD, a PUD agreement will need to be
developed. A PUD allows flexibility from the strict requirements of the zoning code,
with the tradeoff being a higher quality development.
13. Building plans must be developed by a licensed architect. It is strongly suggested
that a meeting be held with the Building Department to understand the process and
requirements of obtaining a building permit.
14. It is recommended that the building design echo the design elements of the adjacent
West Oaks development in colors and materials. Alternatively, a different architectural
style can be proposed, for both the subject piece and the western portion.
Landscaping
15. Landscaping plan must be prepared by a registered landscape architect.A plan
should be developed that provides for interest, screening, and functionality of the
landscaping throughout the neighborhood.
16. Headlight screening is required adjacent to the parking lot along the south property
line. Please provide a detail.
17. The placement of any trees in the easement area will need to be evaluated with the
easement language.
It is helpful to provide a written response letter to these comments, along with revised
drawings. If you have any questions I can be reached at 763.635.1034.
Sincerely,
Jeremy Barnhart,AICP
Deputy Director, Community Operations and Development
Oliver Surve in � En ineerin Inc.
Y g g g�
Land Surveying • Civil Engineering •Land Planning
October 30, 2013
Mr. Zachary Carlton
Planning Intern
City of Elk River
13065 Orono Parkway
Elk River,MN 55330
Re: Heritage Maples
Dear Mr. Carlton:
We have made the corrections and modifications to the drawings and supporting documentation
as requested in Mr. Barnhart's September 17,2013 letter to the applicant:
• We have added topography and a future layout for the west side of the project site. This
information is based on the previously proposed plans prepared by others some time ago.
The applicant feels it is still a viable concept.
• We have had the previously delineated wetland confirmed by Wenck Associates, Inc. A
copy of the report is attached.
• We have confirmed the drainage concepts for the future work and have attached the
drainage calculations.
• We have included a revised landscape plan signed by a registered professional landscape
architect.
Engineering & Water
1. Our drainage calculations include the storm event values contained in the Atlas 14
precipitation data. Rate control is achieved for both the proposed improvements and the
future development. Volume control is provided for 1" depth over new impervious
surface for the proposed site via the two areas labeled as rain garden.
2. We have added contour information for the adjacent property to the west.
3. We have shown the ditch along Highway 10 as now having positive drainage to the west.
4. The contours for the pond have been modified as requested and are not into the sidewalk.
5. The retaining wall of concern was not moved out of the right-of-way. We respectfully
request consideration to let it remain as shown due to the need for pond storage. We
envision the retaining wall (s) to be constructed of modular block available from many
vendors.
6. Response from applicant.
7. The wetland report is attached.
Environmental
8. The ponding provides the required permanent storage, water quality volume and
discharge control together with the required rate control and volume for the 100 year
event.
580 Dodge Avenue •Elk River; MN 55330 763.441.2072 •fac. 763.441.5665 • www oliver-se.com
Page 2
October 30,2013
Mr. Zachary Carlton
9. We understand that the pond, sidewalk and street alignment encroach into the buffer area.
We respectfully request consideration to leave the alignment as shown. The present
street alignment provides a best fit traffic connection to the proposed service road.
Security/Operations and Building concerns/responses (Items 10-14) will be addressed by
the applicant.
Landscaping
15. We have included a revised landscape plan from a registered landscape architect.
16. We have added headlight screening as requested. The proposed fence is a commercially
available white solid PVC style fence.
17. Trees have been moved out of the drainage and utility easement.
Sincerely,
OLIVER SURVEYING& GINEERING, INC.
;�7
Ross D. Abel, PE
cc: Marilyn VanPatten
File: 7179.22-11
Lett\=—tW Map1m.103013
Request for Action
Pivex
To Item Number
Mayor and City Council 5.1 and 5.2
Agenda Section Meeting Date Prepared by
Planning Items September 10, 2013 Jeremy Barnhart, CODD Deputy Director
Item Description Reviewed by
Request by Marilyn VanPatten for Preliminary
Plat approval (Heritage Maples), Case No. P 13- Reviewed by
03 - Public Hearing
Request by Marilyn VanPatten for Conditional
Use Permit (Heritage Maples), Case No.
CU 13-11- Public Hearing
Action Requested
The applicant seeks approval for two items:
Preliminary Plat (to subdivide the property into one buildable lot, one oudot, and construct public
streets)
Conditional use Permit (to develop the property as a PUD
Staff recommends the Planning Commission hold the public hearing as advertised,but continue
action on the pro)ect pending resolution of the items outlined in the staff comment letter dated August
12, 2013,and the following comments based on review of the revised plans:
Satisfaction of the 4 applicable criteria for a planned unit development, as outlined in section 30-
1564 (d):
1. A site plan for the PUD,including location, size and use of all lots,buildings,parking areas,
ponding, parks and open space
2. Building elevations illustrating uniform design elements,building materials and color
schemes.
3. A plan for the installation of on-site public improvements (including utilities, streets, etc.)
necessary to serve the PUD.
4. A unified Landscape Plan including berms, screening, and landscaping materials.
Applicant Marilyn Van Patten
Location/Address Generally north of the West Oak subdivision, south of Highway 10,
west of Waco street
60 Day Rule The City must take action by November 29, 2013 for the plat,
September 29,2013 for the conditional use permit
OVERVIEW
The property owner is requesting Preliminary Plat and Conditional Use Permit approval to subdivide
10.14 acres into two lots, one housing a 20 unit senior housing/ care facility, and the other an oudot for
future development. Plat improvements will include the extension of Yankton Street to the north,
A iftl
connecting with an unnamed east/west road that will eventually connect to Waco to the east and a service
drive to the west,in Big Lake township. The project will be served by city water and sewer.
The senior housing facility will be located on the east side of Yankton,with access off of the service drive
to the north. There is no access off of Highway 10.
BACKGROUND/PRECEDENT
The property was the subject of a plat in 2005 (Heritage Maples P 05-16),and has since expired. That
property was developed as a PUD. Although the Plat and Conditional Use Permit have expired, the
rezoning of the property to PUD does not. To develop the property as a PUD, the owner would need to
resubmit plans to obtain a new Conditional Use Permit, following the requirements outlined in the City
Ordinances.
ANALYSIS
Plat. As noted above, the preliminary plat creates two lots, one buildable,and the second an oudot,
which includes a 1.7 acre wetland (approximate). To satisfy a PUD,the entire project should be planned,
at minimum incorporating the oudot in expected land uses and lot configuration.
The northern boundary of the plat should include access restrictions onto Highway 10.
The wetland delineation for the original plat has exceeded 5 years, and has expired. An updated
delineation is necessary for the plat to be approved. Further, since the original (expired) plat of Heritage
Maples, the City has enacted a wetland buffer requirement,which prohibits activity within 25 feet of a
wetland boundary. Yankton Street encroaches into this buffer.
Plat improvements. "Service" drive terminates in a temporary cul de sac at its eastern end. This cul de
sac will be removed when the road is extended to the east. At the western end, no cul de sac is proposed
or necessary, as it occurs near the Yankton intersection, sufficient to permit vehicular turning.
A sidewalk is also proposed along the south of service drive, consistent with City policy.
Staff is generally comfortable with the plat as described, however,notes that the plat is part of a larger
project that must be reviewed as part of the larger whole.
Comprehensive Plan
The property is guided for urban residential,having been amended since the 2004 Comprehensive Plan.
Lots/density—The 20 "units" of senior living/ care on the 1 acre parcel is generally consistent with
other, similar projects in the community.
Parks
Park Plan-The Comprehensive Park Plan does not indicate any park target area nor trail corridor in the
subject area.
Park and Recreation Commission Recommendation—Given the Comprehensive Park Plan,the Park
Commission recommends park dedication be paid in the form of cash at the rate applicable at the time of
Final Plat release.
N:\Departments\Community Development\Planning\Case Files\P\P 13-03 Heritage Maples\SR to PC Heritage Maples 9-10-13.docx
Grading/ Drainage
The grading plan requires a retaining walls near the parking lot on the east side, and adjacent to Yankton
on the west side of the project. The walls are approximately 3-3.5 feet high. At 36 inches, some sort of
drop-off delineation should be provided. Hedges or fencing is most typical. Regardless of solution,
more detail should be provided. Further, the headlights of these cars will be about 6 feet above grade at
the property line. To avoid headlight issues with adjacent parcels,headlight screening is recommended.
The grading will collect rain water from the parking lot and funnel it to a linear rain garden along the
street. The design details of this garden have not been submitted. All drainage will be collected in a
small depression on the north side of the building, then funneled to a wet bottom detention basin on the
west side of Yankton. The pond will be approximately 9 feet deep at normal conditions. All storm water
will need to meet the requirements of the city permit. Staff is not ready to recommend approval of the
grading plan.
Landscaping
The landscaping plan has been prepared,but not by a landscape architect. The plan shows the minimum
number of plants as required by the City Code. Staff recommends that the landscaping plan be revised,
to further communicate the goals of the PUD zoning and prevent any detrimental effects on adjacent
properties.
APPLICABLE REGULATIONS
Subdivision
These findings are necessary for the city council approval of the preliminary plat and the final plat:
1. The proposed subdivision is consistent with the tinning regulations (article F7 of this chapter) and conforms in all
respects with all requirements of this Code, including the -o in regulations and this article.
2. The proposed subdivision is consistent with all applicable general and specialitied city, county, and regional plans,
including, but not limited to, the city's com prehensive development plan.
3. 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.
4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation,
erosion control and all other services,facilities and improvements otherwise required in this article.
5. The proposed subdivision mill not cause substantial environmental damage.
6. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a
court.
7. The proposed subdivision will not have an undue and adverse impact on the reasonable development of neighboring
land.
8. The proposed subdivision is not premature.A subdivision is premature if any of the following exists.
a. Lack of adequate stormwater drainage.
b. Lack of adequate roads
a Lack of adequate sanitary server systems.
d. Lack of adequate off-site public improvements or support systems
In the review of the standards for Preliminary Plat as outlined,it appears that the request is consistent
with all of these standards.
N:\Departments\Community Development\Planning\Case Files\P\P 13-03 Heritage Maples\SR to PC Heritage Maples 9-10-13.docx
Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
7. Will not endanger, injure or detrimentally affect the use and enjoyment of otherproperty in the immediate vicinity
or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the city.
2. W1711 be consistent with the comprehensive plan.
3. Will not impede the normal and orderly development and improvement of surrounding vacant proper v.
4. WIN be served adequately by and will not adversely affect essential public faczlities and services including streets,
police and f re protection, drainage, refuse disposal, water and sewer systems,parks and schools;and will not, in
particular, create trac congestion or interference with trafc on adjacent and neighboring public thoroughfares.
3. Will not involve uses, activities,processes, materials, equ pment and conditions of operation that will be
detrimental to any persons orpropert0 because of excessive traffic, noise, smoke,fumes,glare, odors, dust or
vibrations.
6. iVill 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 Cade, including any applicable requirements and standards
for the issuance of a license or permit to establish and operate the proposed use in the city.
In addition to these criteria, the following information must be included in a Planned Unit Developments
PUD development plan. If the council approves the conditional use permit for the planned unit development,
approval of the conditional use permit shall include approval of a specific PUD development plan. The PUD
development plan shall include.
7.A site plan for the PUD, including location, sitie and use of all lots, buildings,parking areas,ponding
areas,parks and open spaces.
2. Building elevations illustrating uniform design elements, building materials and color schemes.
3.A plan for the installation of on-site and off-site public improvements(including utilities, streets, etc.)
necessary to serve the PUD.
4.A unified landscape plan including berms, screening and landscaping materials.
3.A uniform sigraage plan including location, type and sitie of signage.
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.
Staff does not have sufficient information necessary to recommend approval or denial. Specifically,
information regarding the adjacent oudot (#1),the building elevations (#2),grading (#3),and
landscaping (#4) need to be provided for staff to complete its review.
ATTACHMENTS
■ Location Map
Staff comment letter dated August 12, 2013
■ Applicant's Narrative dated July 29,2013
■ Applicants response dated August 13,2013
■ Plan drawings dated August 27,2013
N:\Departments\Community Development\Planning\Case Files\P\P 13-03 Heritage Maples\SR to PC Heritage Maples 9-10-11docs
City of
Elk
River
Resolution 13-
A Resolution of the City of Elk River Granting Final Plat Approval for
Heritage Maples
Case No. P 13-03
WHEREAS, application has been made for final plat approval,pursuant to Section 30-374
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
December 16, 2013; 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
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.
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.
P O w E R E U 9 1
1`4 U
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 one year from the date of this resolution if the
final plat is not recorded within that time.
Passed and adopted this 16"'day of December 2013.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
P O W E R E D 0 Y
1`4 U
EXHIBIT A
LEGAL DESCRIPTION
Lot 1,Block 1,and Outlot A,Heritage Maples
POWERED 0Y
1`4 U
EXHIBIT B
CONDITIONS OF APPROVAL
Approve by resolution the final plat for Heritage Maples, sub)ect to the following conditions.
1. Access restriction shall be placed along Highway 10.
2. Development agreement shall be signed, outlining costs and
responsibilities to the satisfaction of the City Attorney.
3. A letter of credit or other security acceptable to the city be provided in the
amount of 100% of the cost of public improvements.
4. Upon completing all of the improvements and having them accepted by
the city, a warranty bond in the amount of 25% of the improvement costs
shall be submitted to the city for a one year period.
5. Surface water management fee in the amount required by the city at the
time of final plat be paid prior to releasing the plat for recording. ($208
per lot, 2013 rate)
6. Sealcoat fee in the amount to be determined by the city engineer be paid
to the city prior to releasing the plat for recording.
7. Park dedication shall be paid for the one buildable lot at the rate
applicable at the time the plat is released for recording.
8. All required wetland and grading permits must be obtained prior to
commencing work on the site.
9. Grading and erosion control plan and development plan be submitted
and approved by the city engineer prior to the issuance of grading
permits.
10. All grading will need to be certified prior to the issuance of building
permits.
11. Street lights shall be installed as recommended by Elk River municipal
utilities.
12. Water availability charge be paid prior to releasing the plat for recording.
13. Any item or condition found that indicates the site is likely to yield
information important to pre-history or history shall be reported to the
city immediately. Further, the city reserves the right to stop work
authorized in its approval until the site is appropriately investigated and
work is authorized.
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• Seeking Preliminary Plat, Final Plat and Rrver
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• 20 unit senior housing/care facility
• Yankton St. extension
• PC and CC continued action in September
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