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7.1. SR 11-03-2014 City of Elk=' Request for Action River To Item Number Mayor and City Council 7.1 Agenda Section Meeting Date Prepared by Public Hearinj November 3, 2014 Chris Leeseber , Park Planner-Planner Item Description Reviewed by Request by Roger Derrick/Washington Street Investors, Jeremy Barnhart,Deputy Director, CODD LLC Reviewed by a. Ordinance Amendment: Zone Change (R3 to PUD) Cal Portner, City Administrator b. Conditional Use Permit for PUD -West Oaks Fifth and Sixth Additions c. Preliminary Plat for West Oaks Fifth and Sixth Additions d. Ordinance Amendment: Final Plat West Oaks Fifth Action Requested Approve,by separate motions, the following requests: 1. Adopt ordinance amendment for zone change (ZC 14-05) from R-3 to Planned Unit Development. 2. Conditional Use Permit (CU 14-20) with the following conditions: a. A Planned Unit Development agreement shall be developed and signed by all parties prior to issuance of a building permit. b. A landscape plan and foundation planting that provides for 25 new trees shall be approved by staff prior to a building permit. 3. Preliminary Plat (P 14-06) with the following conditions: a. A Conditional Use Permit shall be approved prior to the approval of a Final Plat. 4. Adopt,by resolution, for Final Plat (P 14-06) with the following conditions: a. Surface Water Management Fee at the rate applicable at the time of Final Plat approval. b. All appropriate grading permits must be obtained prior to commencing work on the site. c. Grading and Erosion Control plan be submitted and approved by the city engineer prior to the issuance of building permits. d. Water Availability Charge be paid prior to releasing the plat for recording. e. 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. f. Service Connection Plan approved by city engineer. g. A landscape plan and foundation planting that provides for 25 new trees shall be approved by staff prior to a building permit. P a w E R E U 6 Y Template Updated 4/14 INIM UREI Background/Discussion The applicant seeks approval of several applications, all intended to permit the platting and construction of the undeveloped portion (Oudot A) of West Oaks 4"'addition. The actions requested include: • Zone Change R-3 to PUD (ZC 14-05) • Conditional Use Permit (CU 14-20) • Preliminary Plats,West Oaks 5"'and 6"' (P 14-06) • Final Plat,West Oaks 5"' (P 14-06) council review only Zone Change The previous Preliminary Plat was approved prior to the newer,more stringent,wetland setback requirements and therefore,the previous Preliminary Plat no longer complies. The Planned Unit Development (PUD) zoning provides flexibility from the strict application of the R3 zoning district to the mutual benefit of both parties through an open and transparent review of a project in lieu of a number of variances, some of which could not be granted. The project's design criteria are patterned to be consistent with R-3. In exchange for setback flexibility, the developer will create a landscaping plan to address the water quality goals of the wetland buffer regulations. Conditional Use Permit A zone change to PUD is needed to accommodate the project. A Conditional Use Permit (CUP) is required to establish a PUD district. Plat The property was previously platted as five attached townhomes with four units each. (20 total units) The applicant wishes to replace two of the attached townhomes (8 units) with five detached units, resulting in three fewer residential units than was originally approved. 5"'Addition • Five detached units • Original preliminary plat showed eight attached 6"'Addition • Twelve attached units • Consistent with the original preliminary plat Planning Commission meeting summary The Planning Commission has reviewed all of the applications and recommends approval. Financial Impact None Attachments • Ordinance 14-_ • Final Plat • Resolution No. 14- ■ Planning Commission Memo dated September 23, 2014 • Planning Commission Memo dated October 28, 2014 N:\Public Bodies\Agenda Packets\11-03-2014\Final\x7.1 sr Derrick.docx Ordinance 14- City of Elk River An Ordinance Amending the City of Elk River Zoning Map to Rezone Certain Property From R3 Townhouse/Multiple Family Residential to (PUD) Planned Unit Development Case No. ZC 14-05 The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That the duly adopted Zoning Map of the City of Elk River is hereby amended to rezone the property described on attached Exhibit A from Townhouse/Multiple Family Residential (R3) to Planned Unit Development (PUD) as shown on Exhibit B. SECTION 2. That the rezoning approved by this Ordinance is based on the following findings: 1. THE REZONING IS CONSISTENT WTH THE CITY OF ELK RIVER LAND USE PLAN ADOPTED AS PART OF THE CITY OF ELK RIVER COMPREHENSIVE PLAN. Section 3. That this Ordinance shall take effect and be in full force from and after the date of its publication. Passed and adopted this 3 day of November, 2014 by the City Council of the City of Elk River. John J. Dietz,Mayor ATTEST: Tina Allard, City Clerk n:Apublic bodies\agenda packets\11-03-2014\final\x7.1 at5.docx Exhibit A Oudot A West Oaks Fourth Addition n:\public bodies\agenda packets\11-03-2014\fmal\x7.1 at5.docx Exhibit B e r. i r E F Cl E f C f C L f C L 1. E e l' f i r 1 0 W i WEST OAKS E PARK F n:\public bodies\agenda packets\11-03-2014\final\x7.1 at5.docx c 'o n c _ E m a r ° m _ v - v n E tic. s E R a _ n c 3 _ a - c 0 a v T o 0 0 c 0 c m m ° < m - Oh v _ x m v s F T a 0 a m C n Y a - s a E a c _ O m _ m e — _ m _ a _ r -En z i r E 0 m > � - s � r _ a — a _ a c o _ ° u i VON �I IeE 7 \ e � o o a z - %���� ��� _� — City of Elk River Resolution 14- A Resolution of the City of Elk River Granting Final Plat Approval for Natures Edge Business Center Second Addition Case No. P 14-06 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, a preliminary plat of the Property was approved by the City Council on November 3, 2014; 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 Chapter of 30 of the City Code of Ordinances 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 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. E. The proposed subdivision will not cause substantial environmental damage. row € R10 8 NATUREI F. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court. G. The proposed subdivision will not have an undue or adverse impact on the reasonable development of neighboring land. 2. Final plat approval is hereby granted for the Property, subject to the conditions set forth in attached Exhibit B. 3. The officers of the city are hereby authorized, once the conditions set forth in Exhibit B are met and complied with,to sign the final plat for the Property and to issue a certified copy of this Resolution giving final approval of the plat. 4. The owner of the Property is authorized to record the final plat as required by law and shall file proof of said recording with the city. No building permits will be issued for the Property until the final plat is recorded. 5. This final plat approval shall expire two years from the date of this resolution if the final plat is not recorded within that time. Passed and adopted this 3rd day of November 2014. 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 Outlot A,West Oaks Fourth Addition,according to the recorded thereof, Sherburne County,Minnesota POWERED 0Y 1`4 U EXHIBIT B CONDITIONS OF APPROVAL 1. Surface Water Management Fee at the rate applicable at the time of Final Plat approval. 2. All appropriate grading permits must be obtained prior to commencing work on the site. 3. Grading and Erosion Control plan be submitted and approved by the city engineer prior to the issuance of building permits. 4. Water Availability Charge be paid prior to releasing the plat for recording. 5. 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. 6. Service Connection Plan approved by city engineer. 7. The applicant will work with staff on developing a landscape plan and foundation planting that provides for 25 new trees that meet ordinance requirements. P O W E R E D 0 Y 1`4 f U City of El ����U�|��� ��� °6�X� ~ �~~��~~~~.~~~ ~~~~ Action To Item Number Planning Commission 15.1 Agenda Section T—Meeting Date Prepared by Planning Items September 23,2014 Chris Leeseberg,Park Planner- Planner Item Description Reviewed by Request by Roger Derrick/Washinzton Street ny Barnhart,Deputy Director, CODD 11 Jerer Investors, LLC: Zone Change (R3 to PUD), Case Reviewed by No. ZC 14-05 –Public Hearing.Preliminary Plat Approval for West Oaks Fifth and Sixth Additions, Case No. P 14-06–Public Hearing–Continued from July 22, 2014 Action Requested Recommend, 6y separate motion, approval ofthe following rcgocnLs: 1. Zone Change (ZC 14-05) 2. Preliminary plat OP14-0Q with the following conditions: u. Surface Water Management Fee at the rate applicable at the time of Final Plat approval. b. All appropriate grading permits must b* obtained prior to commencing work ou the site. c. Grading and Erosion Control plan be submitted and approved bythe city engineer prior to the issuance of building permits. d. WutczArudubDity Charge be paid prior to releasing the plat for recording. c. Any item or couc6doo found that indicates the site is likely to yield iu600z dou 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 uod work iaauthorized. f. Service Connection Plan approved by city engineer. g. The applicant shall work with staff mdcvcl opu landscape pl uu that provides for 25 ucntrees. h. A Conditional Use Permit shall be approved prior to the approval of a Final Plat. Overview The property owner seeks approval of two applications, all intended to permit the platting and construction of the undeveloped portion o[West Oaks uaaddition. The actions requested include: • Zone Change K-3NPOD (ZCl4-05) • Preliminary Plats,West Oaks 5o` and 6"' UP 14-06\ • Final Plat, West Oaks 5«` (P14-OWmmt-il ren*eivol�ly Background/Discussion The subject property is Outlot A of West Oaks 4"' addition and the applicant is requesting u zone change and approval to plat the Outlot, consisting of two preli-ininary plats and one final plat. Zoning The property is zoned R3 (Townhouse/Multi Family Residential). The previous preliminary plat was approved prior to the newer, more stringent, setback requirements and no longer complies. The applicant is requesting the property be rezoned from R3 to Planned Unit Development (PUD). The PUD zoning provides flexibility from the strict application of the R3 zoning district to the mutual benefit of both parties. While the project will be patterned in many ways to be consistent with R-3, the proposal does not meet all setback requirements. The PUD process, an open, transparent review of a project, is supported in lieu of a number of variances, some of which could not be granted. Plat The property was previously platted as five attached to-wnhomes with four units each. (20 total units) The applicant wishes to replace two of the attached townhon-ies (8 units) with five detached units. This will result in three fewer residential units than was originally approved. Analysis Comprehensive Plan The comprehensive plan guides the property for high densiq residential uses. The purpose of the comprehensive plan is to establish a framework and expectations as to the future use of land. The proposed plat and zoning request are consistent with the comprehensive plan. Parks Park dedication requirements have already been satisfied with previous phases of the project. No park dedication is required. Transportation/ Circulation The established transportation and circulation is not affected by either request. Landscaping No landscape plan was submitted with this proposal but a landscape plan was provided in 2003 for the entire development. That plan shows approximately 25 trees in the subject area. Staff recommends that the applicant work with staff on developing a landscape plan that provides for 25 new trees. Setbacks Single family units in ffie R-3 district have setback requirements: • Front 30' (20'ptvpose(� • Side 10' (6'propose( ■ Garage Side 5' (6'propose • Rear 30' (ran-es, lout less Mali 30) Townhomes do not have setback requirements other than they must be located entirely, within their property lines. The proposed front setback of the single family homes is in the same line (setback) as the existing townhome to the east. Setback requirements are in place,in part, to provide a uniform line of buildings. This is accomplished with the proposed 20 foot setback. There is enough driveway space provided as to not interfere with the existing sidewalk. I)e\-elol)iiieiit\l)lanniiig\(ase Viles\Z(AZC 14-05 Wcst Oaks 5th-WAZC'1405 sr PC 9-23-14 Wcst Oaks.docx The rear yard setback deviation from the R-3 requirements is to provide buffers around the wetlands. Applicable Regulation Rezonin In reviewing proposed request, consideration shall be given to existing conditions within the area directly and indirectly affected by the proposal, the conservation of property values, the use to which the property affected is being devoted at the time, and relevant provisions,if any,in the land use plan. It appears that the request is consistent with all of these standards. Subdivision These findings are necessary for the city council approval of the preliminary plat and the final plat: 1, Tlie proposed sitbditision is consislent ivill)II)e tio nu/ re galafions(article V7 q1'11)is cl),aplet) and conforms in all 'g respects ivill)till requirements o this Code, inelltdili ,g the:Zo ' re nl/�g gulalions and//)if article. 2 The proposed subdivision is consistent nV11)all eoplit-ablegeneral and jpet-ia#:Zedni�i, eouqy, and re ,gionalplans, including, but not kivited to., the city's comps-ehensh)e dei)elopienlplan. 3. The physical char'ac'teristics Of the site, ine' lif 'g diii but not lihii/ed to topqgn-oly, soils, vegetation, suseeptiNk!),to erosion andsillation, sysceplil2ihty lofloodiii �g, and drainage are sitilaNeftr the type and density of deivlopliient and uses tontelvplated 4. The proposed subdivision snakes adeqaale pl-wisionjbr mater supply, storm drainage, seiveige transportation, erosion twIlrol and all ollvi•senices,-/anilifies and i1vpzoiewen1s otherwise required in this alliele. 5. The proposed subdivision will not cause substantial ent)hviinzental damage. 6. The proposed subdivision mill not conflict with easements qfivcord or with easements established by jlfdglnenl q1'a ('oud. 7. The pi-oposed'snbdiri'sion will not haiv an undue and adrerse impact on 11)e i-easonable development q1'ne og.'ibon'llg land. S. The proposed subdivision is nolpreniature.A subdivision is premature i1'arly qf the ft1lon"I'll exists; 'g a. Lack q1'adequate slonnn)afer drainage. b. Lack qfadequate. roads. c. Lack of adeyuute,ranitta��seiner�,ctems. d. Lack of-adequate off site public itipw)eIvents orslopod syslevls. In the review of the standards for preliminary and final plat as outlined, it appears that the request is consistent with all of these standards. Financial Impact None Attachments • Location Map • Environmental Technician Memo dated July 9, 2014 ■ Landscape plan from 2003 • Preliminary Plat (Development Plan) • Final Plat N:\I)�,,partiiietits\(:oiiii-nutiiiv I)eN-clol)tiictit\l'laiiniiig\(,,.ise 1`i1c,,\ZC\XC 14-05 West Oaks 5th-6th\ZC 144)5,;r PC 9-23-14\\",,,t Oaks.docx � �` , � " .-� � I ♦ i rho •SR-' � �-L..+ +` _ � r'` rte-, .�4 I '•c-s .. '"+ � r y '�� I �'� w4r�y,�� �,-` r j� r-•i� � ���Y ����r -' JM� ���r1�•+•� .� !F . ,J i ,ice i•'a E"�' ,W '• rev''7t-'; ,r.��,�"�'-- ._�S R,�•� �I 'f 7' �� ji CL fie I Lip, UV Owl '4r. ir / r.- r.. .' •�+ � 'jet .L 1 ti` '� y 1.�7 y .A-- � �+ _.� r�� r. fie ieie ,.of 7S to� * + T f � M1I!i�� ;vr �'w y�.-�v `.+st•Q;y�•�c.. .:•,.: �' r'--'�I V ,n. _ ;�, i'e,t •�, ,4' �. - - vt&�:tir -�f',, .v.+ .3! -may �•1 ct 1 i ,.iI4 �,' V J ir �• � � .. art�y'�.`.•!"•� ��` ."�/�. 1, �' ,� -Y' .-•y� A` ,vM 33 � .'*"�.- .1 t/ i��'^T t • 4� I G Memorandum " "�������um RiVArIL Jr Iz;J- To: Planning Department From: Kristin ydzor, Eloriroumeotal]ecbuiciau Date: )ukr9,2014 Subject: Site Plan Review Comments At the Site Plan Devicn/ouJuly 8,2014,ne cUscosucGnedxod ouscououru for uocubcz of proposals. According ro30-418, (2) Easements shall be provided along each side of the centerline of any watercourse or drainage channel,whether oz not shown io the comprehensive development pixo, touwidth sufficient to provide proper maintenance and for stoou {f nmtccuzun6oz the dco cJ storm event determined by the city,but such easements shall not be less than 20 feet in width. The ponds ou1-�'6cvcr Lake Fields 5''Addition are not designated wcdxodmolug7ce that the cxucoucuc should at least ao9 as it was platted for the tonmbocucs (at least 20 feet.) I propose a minimum of 45-foot drainage easement around all wetlands at Natures Edge Dosiueuo Center 2""Addition,as per our City Code 30-1852 that requires u 25-foot Weiland Buffer Strip and xo extra 30-foot Wetland Buffer strip setback which does not allow structures,principal or accessoilT. Creating the 45-foot easement will let potential developers plan accordingly. The West Oaks 6"'Addition should also include a 45-foot drainage easement surrounding the wetland in between the planned townhomes and single farnily homes.The current easement does not include the minimum 20-6zotcuscucotand should bcaltered to include the 45-6nncdrainage easement per cbcnedxuJ ordinance 30-185l vJ_aNV7 wNd ---•°--• I NVId NOI S 83 ' UNV t T :. - 1 ` 011l�13 Id >113 JO S)OIVO A53M 'ONI'S31tl1005SV R Npl LID ... ........ I .. NOSB303d 1Ntl000 , d3AIN>113 d0 A .............._............_......-_._._.............,__._.....,_._...... _._.. ......... .......... SNVO LS3M .: a tla cr f r a 4 4 1 Y \ yam--' �... _ �-I�\1 M1 �t �k__ ik k',. - k^—•� 'c � � k( �-il, r' Ik k �_'_.. A k - k /� ,� .• i► �17 111 f`t _� ''�1�� M ____ _ PSI 61. �»,. �, k ,fl. _ (,,./J✓ ,�atti� ti II �jg nt �. I � II; I� II —,-- j' I T I .� s�. A/ i � \ ll L `.M �I � �'� k S •�A�•�'kc k � k - eF - k ., .;..k ' � I •'C, 99944'py fiay .a,op co ssoo fl 'pN 3lld aMSmd 3°o�e e3.> �` NW `Alunoo aujngJays :pau65 6 ddv -Jan18 3113 }o /(40 er As p3M]3"' ` i sa d8de�d 'AB NMtltlp v^vvauury p o,vK aVl°lo • + uo1�.PPd ano s o 4� � >i � � M 9!' :A9 Np153p ,ota.�nu pw.e Pevu v!,°Rrtw v Npllditlp$3p 31Vp np3a ft—fZ-9 31Vp a�°�o���°� `Z iOiinO a I I I n DD An m 69 j 669 1 668 S'.668- S'668 II S 5'3p \ Y Q Hj 8j 8d 8d 8! p 6 �� ij 0'868 I'669 1 668 S'668 S'fi66 / Ra 9 ���\•� ``696'�- o a ZVI. z sm -` 4 1 s° 7 X wo �. r- - =-U 1 y I I � mm IN bit 1 1 J ILL L All —7o' "Sly, PL El ,�„ Request for Action River To Item Number Planning Commission 5.1 Agenda Section Meeting Date Prepared by Planning Items October 28, 2014 Chris Leeseber , Park Planner- Planner Item Description Reviewed by Request by Roger Derrick/Washington Street Jeremy Barnhart, Deputy Director, CODD Investors,LLC for Conditional Use Permit for Reviewed by PUD -West Oaks Fifth and Sixth Additions, Case No. CU 14-20—Public Hearin Action Requested Recommend,by motion, approval of the request by Roger Derrick of Washington Street Investor for a Conditional Use Permit (CUP) to establish a Planned Unit Development (PUD) with the following conditions: 1. A Planned Unit Development agreement shall be developed and signed by all parties prior to issuance of a building permit. 2. The applicant will work with staff on developing a landscape plan and foundation planting that provides for 25 new trees that meet ordinance requirements. Overview The applicant is platting Oudot A of West Oaks 4"'Addition to create two final plats,West Oaks Fifth and Sixth Additions. A zone change to Planned Unit Development (PUD) is needed to accommodate the project. A Conditional Use Permit (CUP) is required to establish a PUD district. Background/Discussion The applicant is in the process of requesting a Zone Change, Preliminary Plat, Final Plat, and CUP for Outlot A of West Oaks 4`"Addition. With the exception of the CUP, the Planning Commission has reviewed all of these applications and recommended approval of them to the City Council. The City Council will review all the applications at their November 3,2014 meeting. Building and Architecture Floor plans and elevations have been included with the application, and the designs of the buildings are consistent with the existing architecture. Setbacks The previous preliminary plat was approved prior to the newer, more stringent,wetland setback requirements and no longer complies. The PUD zoning provides flexibility from the strict application of the R3 zoning district to the mutual benefit of both parties through an open, transparent review of a project, in lieu of a number of variances, some of which could not be granted.. The project will be patterned to be consistent with R-3. P I I I R I I 11 NATURE Landscaping No landscape plan was submitted with this proposal but a landscape plan was provided in 2003 for the entire development. That plan shows approximately 25 trees in the subject area. Staff recommends that the applicant work with staff on developing a landscape plan that provides for 25 new trees. The wetland buffering requirements are intended to separate impervious surfaces from the wetlands, to allow storm water to cool, drop pollutant, and infiltrate before entering the protected waters. The applicant should revise the landscaping plan to provide for these benefits,in lieu of providing the required buffer. Applicable Regulation The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 7. lYlill 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 orgeneral welfare of the neighborhood or the city. 2. WIN be consistent with the comprehensive plan. 3. Eill not impede the normal and orderly development and improvement of surrounding vacantproperty. 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 ystems,parks and schools;and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. 5. WIN 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. lYlill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 7. Wlill jolly comply with all other requirements of this Code, including any applicable requirements and standards fbr the issuance of a license or permit to establish and operate the pmposed use in the ciy. 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. In the review of the standards for a CUP as outlined, it appears that the request is consistent with all of these standards. Analysis Comprehensive Plan High Density Residential: This land use category-consists of multiple family attached housing oriented in a vertical fashion,more commonly referred to as apartments and condominiums. This land use categoi-N may accommodate a combination of side by side to«-nhomes and multi-story- buildings. The densities targeted in this category are over 8 dwelling units and up to 20 dwelling units per acre. Financial Impact None Attachments • Location Map N•\Departments\Community Development\Plannirg\Case F11es\CU1'\CU 14-20 West Oaks 5th&Gth\CU 14-20 sr West Oaks 13C 10-28-14 docx .Troy Sl NW x: --� 6 r � MN 1S 4l5tif y AA y� I R z v -MNIS4l9V1 mr„