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5.5. - 5.8. SR 11-01-2004 Item #'s 5.5. - :;.8. MEMORANDUM FROM: Mayor and City Council Scott Harlicker, Senior Plann~ TO: DATE: November 1. 2004 SUBJECT: Case No. LU04-03, ZC04-07, CU04-32 and P 04-16, Request for a Land Use Amendment, Zone Change, Conditional Use Permit and Preliminary Plat (Jackson Street Villas) Reauest The applicant has requested a land use plan amendment, zone change, conditional use permit and prelinUnary plat for a 76 unit townhouse development called Jackson Street Villas. Location West of Jackson Avenue and east of Lions Park. Zonina! Land Use C2 (Office District) / Old Town 60 and 120 Dav Rule The applicant has resubmitted his application as request for a zone change from C2 to PUD instead ofR3. In order to comply with Minnesota Statute 15.99 (60 - Day Requirement), action must be taken on this request by November 28, 2004 Attachments . Location Map . Development Plans . Townhouse Elevations Memo to Mayor and City CounciljP 04-16 November 1, 2004 Page 2 -------------. . Memo from the City Engineer . Old Town description . Ordinance No. 04-_ Overview Proposal The applicant is proposing a 76-unit townhouse development on 6.63 acres. The property is located on the west side of Jackson Avenue, east of Lions Park, between 6th and 8th Streets. The proposed townhouses are two story row-style units. The exteriors include a mix of brick and vinyl. Private streets will provide direct access to the townhouse garages. The front of the units will face Jackson Avenue and 6th Street. Existing Conditions The property is undeveloped. There is a drainage ditch the runs diagonally across the site and the northeast comer is wooded. The site is flat and has been hayed in the past. The property has frontage on J ackson Avenue and on 6th Street. Adjacent land uses include Lions Park to the west, an undeveloped parcel to the south, across 6th Street, a mix of single family and duplexes to the east and an undeveloped parcel to the north. The surrounding zoning includes C2 (Office District) to the north and south, PUD (planned Unit Development) to the west and R2 (Two Family Residential) to the east. The property to the north has been purchased by Alliance Church. Analvsis Land Use Amendment At the time the applicant submitted his formal application in July, the land use designation of the parcel was CB (Central Business) and the proposal required a land use plan amendment to MR (Medium Density Residential). Since that time the City has adopted a new Land Use Map. The new land use designation of this parcel is Old Town. The Old Town land use allows for high density residential development. In fact, the area of the city that is part of the Old Town district includes the apartment complexes around Lions Park, along School Street and along Gates A venue. Staff believes that this request no longer requires a land use plan amendment given the current land use designation of Old Town. Zone Change The applicant is requesting a change in zoning from C2 Office District to PUD Planned Unit Development. The rezoning to PUD will allow the applicant and the City greater flexibility in designing the project. When reviewing a zone change, the Planning Commission and City Council need to evaluate the consistency of the request with the underlying land use, the consistency of the use with the proposed zoning district, and the compatibility of the requested zoning district to adjacent zoning districts. In the case of a Planned Unit S:\PLANNING\Case Files\2004\P 04-16 Jackson St Villas\P 04-16_CC11.01.doc Memo to Mayor and City Council/P 04-16 November 1, 2004 Page 3 --------------- Development, the City can also evaluate what the City is gaining in exchange for granring the zone change. The request to change the zoning from C2 Office District to PUD Planned Unit Development is consistent with the underlying land use designation of Old Town. It is compatible the adjacent zoning to the west, as Lions Park is also a PUD. The proposed use of the site for townhouses will be compatible with the proposed zoning district, the adjacent mixed residential uses, and with the adjacent vacant land to the north, which is likely to be a private school. The future land use of the vacant property to the south is not known. Conditional Use and Prelimin:u;y Plat Site Layout Lots/Density There are 76 townhouse lots proposed. Thirty (30) lots are proposed along Jackson Avenue and 8 are proposed along 6" Street. Sixth Street provides access into Lions Park and the Boys and Girls Club. The remainder of the lots are situated along private streets within the development. The internal lots are 20 feet wide and the end lots are 30 feet wide. All of the lots are 56 feet deep. The density of this project is 11.46 units per acre. Most of the open space in this project will be used as wetland mitigation and for drainage ponds. The limited amount of usable open space is mitigated by the fact the project abuts Lions Park. Given the project's proximity to schools, Lions Park, the downtown area and other service oriented uses, the proposed density of this project is appropriate. Streets/Access / Parking There are two accesses proposed into the project. One is from Jackson Avenue and the second is from 6" Street. The Jackson Avenue access is located in the northeast corner of the project. It is aligned opposite 8" Street and will provide shared access with the Alliance Christian Academy property to the north. The 6" Street access is located in the southeast comer of the project, about 120 feet east of the intersection of Jackson Avenue and 6" Street The internal streets will be private. These private streets will provide direct access to the garages and the rear of the townhouses. The private streets will be 28 feet wide which allows parking on one side of the street. There is one main street through the project which connects 6" Street with the shared access from J ackson Avenue and two shorter dead-end streets. Four off-street parking spaces are provided for each unit. There are two spaces in each garage and two spaces in each driveway. There are also 14 off-street parking spaces located in various places throughout the project. Off-street parking for this project is sufficient. S:\PLANNING\Case Files\2004\P 04-16Jackson St Villas\P 04-16_CCII-0t.doc Memo to Mayor and City Counci1/P 04-16 November 1, 2004 Page 4 ___nn__n____ Around the perimeter of the project, sidewalks are shown along Jackson Avenue and 6'" Street. These sidewalks provide pedestrian access to the front of the units. Internal sidewalks are shown along the west side of the main private street and along the front of one row of townhouses. In order to continue the row style look and provide access to the front of the units, sidewalks should be included along the front of all of the units. Sidewalks should also be provided between the building to provide access from the driveways and the private street to the front entrances. Grading. Drainage and Utilities Grading, drainage and utility issues are addressed in the City Engineer's memo. Landscaping Street trees are proposed along Jackson Avenue and 6'" Street. Green ash trees are proposed along 6'" Street and honey locust are proposed along Jackson Avenue. The trees along Jackson Avenue should be changed to maples, either Autumn Blaze or a Red Maple, planted 30 feet on center. Ornamental trees are proposed along the private drives internal to the site. There are some locations along the private streets where there is enough space to plant larger overstory trees. A row of pine trees are proposed along the north property line, adjacent to the Alliance Christian Academy property. These will provide some screening between the two properties. A row of Lindens are shown at the end of each short dead-end street. These will help define the end of the street. There are no trees proposed along the front of the townhouses internal to the site. Overstory trees, similar to those planted along J ackson Avenue and 6'" Street should be planted along the front of all the townhouses. Each townhouse will have foundation plantings. Individual unit landscape plans should be provided for staff review. The applicant is proposing 67 trees. The proposed plan complies with the required landscaping for multi-family projects, which is 59 trees. However, if the standard landscaping requirement for subdivisions is applied, the project would require 152 trees. The applicant is working with the Parks and Recreation Department on planting additional trees in Lions Park. These trees will be in addition to those planted within the project. Buildinl,' Elevations/Setbacks The exteriors of the row-style townhouses will be a mix of brick and vinyl siding. The brick is located on the front of the units. It should be extending around the side of the end units. The back of the buildings are proposed to be vinyl lap siding and will include a deck on each unit. The colors should vary from building to building, not necessarily with each unit within the building. Because of the flexibility of the PUD, the units will be setback 20 feet from the front property lines along Jackson Avenue and 6'" Street and the front stoops will be setback 15 feet. Each unit will have a sidewalk connecting the front steps with the sidewalk that is located in front of the townhouses. S:\PLANNING\Case Files\2004\P 04-16 Jackson St Villas\P 04-16_CC11-01.doc Merno to Mayo! and City Council/P 04-16 November 1, 2004 PageS --------------- Park and Recreation The park and recreation requirements for this project have been waived. The land given for Lions Park fulfilled the park dedication requirements for this parcel. Plannina Commission Meetina At the Planning Commission meeting held on October 26'h two residents spoke at the public hearing. They expressed similar concerns regarding an increase in traffic and parking problems. One resident spoke against the project; he would rather have an office building on the site. The other resident was ok with the proposed townhouse development. A representative of Alliance Church asked about the shared driveway and how it would affect the development of their property. The City Engineer stated that they would be required to utilize the shared driveway. The Commission discussed the City Engineer's comment about restripingJackson Avenue. They were concerned about the general increase in traffic on Jackson A venue from Highway 10 to the high school. They discussed parking on the adjacent streets, the City Engineer indicated that it is his recommendation that no parking be allowed on 6'" Street or Jackson Avenue. Recommendations The Planning Commission and staff recommend that the City Council approve the zone change from C2 to PUD based on the following findings: 1. The zoning is compatible with the underlying land use of Old Town. 2. The proposed use is consistent with the zoning requested. 3. The proposed zoning is compatible with adjacent uses and zoning. The Planning Commission and staff recommend that the City Council approve the conditional use pennit and preliminary plat with the following conditions: 1. A developers agreement be prepared and executed outlining the terms and conditions of the plat approval prior to releasing the plat for recording. 2. Surface water management fee be paid in the amount required by the City at the time of final plat prior to releasing the plat for recording. 3. A sealcoat fee in the amount to be determined by the City Engineer be paid prior to releasing the plat for recording. 4. Water accessibility fees in the amount determined by the city be paid to elk river municipal utilities prior to releasing the plat for recording. 5. A letter of credit be provided to the city in the amount of 100% of the costs of the public improvements. S:\PLANNING\Case Files\2004\P 04-16 Jackson St Villas\P 04-16_CCI1-01.doc Memo to Mayor and City Council/P 04-16 November 1, 2004 Page 6 -------------- 6. 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 the period of one year. 7. The Letter of Credit shall cover wetland mitigation. Drainage easements shall be in place over the wetland and the wetland mitigation areas. 8. Restrictive covenants shall be recorded on the wetland and the wetland mitigation areas. 9. A three year monitoring report on the wetland mitigation is required. 10. The City Engineer's comments shall be incorporated into the plans. 11. The street names shall be revised as indicated. 12. Street lights be installed as required by Elk River Utilities 13. A grading and erosion control plan be approved by the City Engineer prior to the issuance of building permits. 14. A development plan be approved by the City Engineer prior to the issuance of building permits. 15. All grading be certified prior to the issuance of building permits. 16. All mailboxes be clustered. 17. A tree preservation plan be approved prior to releasing the plat for recording. 18. Any trees off site or on site, near the limit of grading that are to be preserved, shall be fenced with a snow fence at the drip line to prevent grading, compaction, or storage of equipment, debris or materials. Staff shall inspect the fencing prior to grading commencing. 19. 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. 20. The landscape plan shall be revised. The trees along Jackson Avenue should be changes to maples, either Autumn Blaze or a Red Maple, planted 30 feet on center. There are some locations along the private streets where there is enough space to plant larger overstory trees. Overstory trees, similar to those planted along Jackson Avenue and 6th Street should be planted aloug the front of all the townhouses. Each townhouse will have foundation plantings. Individual unit landscape plans should be provided. S:\PLANNING\Case Files\2004\P 04-16 Jackson St Villas\P 04-16_CCll-01.doc Memo to Mayor and City Council/P 04-16 November 1, 2004 Page 7 --------------- 21. The building elevations shall be revised so that the brick is extended around the sides of the buildings. 22. In order to continue the row style look and provide access to the front of the units, sidewalks shall be included along the front of all of the units. Each unit shall have walk connecting the front steps to the front sidewalk. Sidewalks should also be provided between the building to provide access from the driveways and the private street to the front entrances. 23. The applicant shall work with the Parks and Recreation Director on a tree planting plan for Lions Park. It shall be the responsibility of the applicant to purchase and plant all the trees shown on the agreed upon plan. 24. Cross access agreement shall be required between the applicant and Alliance Church for use ofthe shared driveway off of Jackson avenue. S,\PLANNING\Case Files\2004\P 04-16 Jack.<on St Villas\P 04-16_CC11-01.doc ~i d 1190~~/C~/$j irlni 3 I~ ~ j TRAILS LEGEND o ;is ~~ i1II!I EXISTING SIDEWALK - . . . . . . - l"\ 28 U r...J. r'\ 1\ r'\ ^ I". FUTURE SIDEWALK aOOODCJDOOODODOODOO U 0 \i 3 34 '-' '-' ~ ~ '-' '-' EXISTING PAVED TRAIL - - - - - o 0 (Y FUTURE PAVED TRAIL "ccncn,'c,e'en" , [, ~ FUTURE TRAIL ................ 1\ ~ j~~~oERN~~~~ HI6~K S~~~ROL FUTURE ~DENED SHOULDER"-,'n_'n~,, I-' ~ SCHOOL I SITE h ~ SCHOOL SCHOOL;: DW _ ;.- '.. - - - - -... - - - - - - - - . . ~ - \ - - - - .; L-II. . ~ ~re E t= ~ ~~ ""'" ELk",./ <, ~ I IS R~nll hVl RJ\; I'L ~ E ~RIE1l111lb',t'::t;, or-<> F f--_ . =f -~EI ~"" It IdT III<JT I ~ ;:'p - ~ 'x "" ~,;i . DI!ff)iTr~~i;iTi>'~ ,-- :1:T= LION'S II"i .;..J.. T'T 51 !-<ilST ~ I~~ ~~ ~~~ PARK B ~/2 5HII~~,I~ Iw ~\~~ : I'TB.~'" I I ~ ~ ~'t' ~ '1' v~" I III ~ '...'~" 4u/'o I mHf.3L- ~, S O~ r.-,10,Q ~ ~ ~uu <J/~ "A~ "'~ IT i : ~~ ~ 'S'LJ. ~T~I'sffll;:; ='$\'\ )\)\ ~o ~ .f>0.,-<> 0-1'>0- III, 1.1-<.['1 l:dfBjLl11Jij1JIj . ~~ 'I 4' 4 H 'QEET "',>0' Rill I ~ "VII rtcf ~ ~ .. 1'T1 tIm /,..,. I "" ~ ~0. ~ <V; 'V II ~~o6tEM ~ I t It-[ nfiI:iJlcrt~~~ LLL ET 0 oS' 'II- I nr.T ;:; rltiJh g ii-. ~ ~ J.L.fWl I- ~ r I., 1,/ [Id ~ ~ ''-lJ II \lot~ ril, . o I"MI.J l!) u.' jtffflft' ~ ~ 0.. ~ ill ~//r// I "fi~' ~I--,L., , ":fl:/UJ J.J M / r~ 'T_, '-l ~~ ,.,.j,.. ....' ",. 0, ~ :2:a: 'IiH: '" \ .c.):/" r--=,MA R PL E ~\\\ c,j SCHOOL ~ STREET ~' " S E o o VIE AD ~~ ~ ~ 1 ( '\ Location Map <if N Case Number: LU 04-03. ze 04-07 & P 04-16 to. 04- 32.. RIVERSIDE PROPERTIES 13065 Orono Parkway Elk River, MN 55330 October 5, 2004 File: 823950J -0240 Mr. Scott Harlicker Senior Plarmer City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: JACKSON STREET VILLAS Dear Mr. Harlicker: As requested, we have reviewed the submittal package for the Jackson Street Villas project. As you are aware, this is the proposed townhouse development on the west side of Jackson Avenue just north of 6'h Street (Boys & Girls Club entrance). The information we reviewed consisted of a preliminary plat, preliminary grading plan, and preliminary utility plan all prepared by John Oliver & Associates with a revision date of October 5, 2004. Also submitted were revised storm drainage calculations, again prepared by John Oliver & Associates with a date of September 2004. Based upon our review and comments reviewed at the staff review meeting, we would provide the following comments: A. Preliminary Plat . The site is approximately 6.6 acres currently zoned C2. The proposal is to request a zone change to Plarmed Unit Development and build 76 townhouse units on the property. . There will be private roadways servicing the townhouse units. No units will have access directly onto J ackson Avenue. Access will be provided from 6m Street to the south which is the driveway into the Boys & Girls Oub and a private road at the north that lines up with 8m Street on the east side of J ackson Avenue. 6m Street currently is a narrow driveway type of roadway servicing the Boys & Girls Oub. It appears to be approximately 20 feet in width. We would recommend that the developers of Jackson Street Villas be required to reconstruct 6m Street from their access onto it to J ackson Avenue to the same standard as their internal streets. In other words, 28 feet wide face-of-curb to face-of-curb with concrete barrier-style curb and gutter along both sides, tying into Jackson Avenue. Phone: 763.635.1000 Fax: 763635.1090 www.cLelk-river.mn.us The private drive shown at the north end lines up with 8'h Street directly across Jackson Avenue, Currently, the undeveloped property to the north owned by Rivers Christian Academy has a driveway access onto J ackson Avenue immediately north of . the Jackson Street Villas site. Jackson Street Villas shows a combined access onto J ackson Avenue servicing both properties and lining up with 8'" Street. . It is unclear whether the common area outside of the 76 building pads will all be encompassed with drainage and utility easements. If not, drainage and utility easements will need to be provided for the public sanitary sewer and water systems, along with the storm sewer and ponding areas. If the entire common area is to be deemed drainage and utility easement, this will accomplish the same thing. . Jackson Avenue is currently striped with two lanes; one north and one south, and two parking lanes, although the west side of Jackson Avenue adjacent to the Jackson Street Villas is currently signed "no parking". The requested rezoning to PUD and construction of 76 townhomes will provide significant traffic on J ackson Avenue wanting make left turns into the development. A left-turning vehicle will back traffic up with a one-lane roadway since it is illegal to pass a left-turning vehicle by using a striping parking lane. Therefore, we would recommend that the Jackson Street Villas project be required to pay $15,000 for the re-striping of Jackson Avenue to a three- lane configuration with a center left turn lane and no parking lanes. This will allow left-turning vehicles to get out of traffic and wait for a safe opportunity to make their left turn while still allowing through-traffic to move freely northbound on Jackson Avenue. B. Preliminary Grading Plan . The pond grading appears to be shown with 3: 1 slopes. The City design standards require a maximum slope of 4:1, both above and below the water level of the pond. . The preliminary grading plan should include information such as invert elevations on the flared-end sections and rim elevations on the catch basins. . The site has very little open space or areas to plow snow from the streets. Where will snow in heavy snowfalls be stored? It should be made clear that it is not permined to deposit excess snow in the wetland created at the northwest. comer of the site. Snow may be stockpiled in the ponding area. . The following lots appear to have very flat driveways: 34,43,47,48,63,66. . The following lots have rear yards that are flat or sloped towards the building: 9, 19, 15,16. . The emergency overflow between Lot 51 and Lot 52 should be labeled in an elevation given. . Show existing spot elevations on the existing sidewalk and curb or bituminous to the east, south and north of the site to ensure that the grading fits with the surrounding property. . Since the streets are considered private, so will the storm sewer system along with the ponding area. S:\PLANNING\Case Files\2004\P 04-16 Jackson Ave Villas\10 504 Engineers memo.doc C. Preliminary Utility Plan . The water system is shown to be connected at J ackson Avenue at the southeast comer and the northeast comer. Both connections should be to the existing 16-inch watermain along J ackson Avenue and not to any smaller watermains. This will ensure a good flow of water, should there ever need to be water to fight a significant fire in the development. The two private drives which extend to the westerly plat line need to have the watermain looped. It appears that the best way to loop them would be to connect the two together. . The sanitary sewer system is proposed to connect to the existing sanitary sewer system in 6th Street as it extends from Jackson Avenue to the Boys & Girls Club. It is unclear whether this existing sanitary sewer is an 8.inch diameter line. It could be a smaller-sized diameter sewer line intended to serve the Boys & Girls Club. If in fact the existing line is less than 8 inches in diameter, the proposed sewer system will need to be connected to the main in J ackson Avenue. . . Each individual unit will need to have a separate sewer and water service. . The street section dimension should be shown as 28 feet face-to-face. D. Drainage Calculations . Time of concentration for Subcatchment 3-E and 7.P are too high. These need to be re-checked and the calculation verified. . The west pond has an emergency overflow that flows into the Lions Park. . Since the project proposes to disturb more than one acre of land, and NPDES Construction Permit will be required from the Minnesota Pollution Control Agency. As part of this permit, a Storm Water Pollution Prevention Plan (SWPPP) must be completed. The City has developed a generic SWPPP which can be adopted for compliance with the condition of the NPDES Permit. . The project proposes to create more than one acre of new imperious surface and therefore, must meet ponding requirements of the NPDES Construction Permit. The developer's engineer should be sure to include these calculations along with a narrative of the requirements and how they are being met in the proposed drainage plan. . This project has been before the Technical Evaluation Panel (rEP). The TEP has approved the filling of the ditch and the creation of the wetland shown in the northwest corner of the site. A protective drainage and utility easement will need to be provided over the created wetland. If you have any questions regarding any of these comments, please call. Sincerely, ~ Ter~~ S:\PLANNING\Case Files\2004\P 04-16 Jackson Ave Vilb.s\10 5 04 Engineers memo.doc tivities on adjacent residential uses . Located on or near collector roads or key intersections to maximize its market viability Not allowed within a '/, mile of other planned or existing neighbor- hood commercial node These neighborhood-oriented Community Commercial areas provide a con- venience shopping alternative to adjacent neighbors. By locating convenience type services closer to neighborhoods, vehicle trips that would otherwise by destined for the intense commercial uses along Highway 169, are reduced and residents benefit by a higher quality of life do to less time coping with traffic. Old Town The Old Town land use category reflects the unique land use mixture in and around the Downtown. This area is based on the Central Business District area in the 1995 plan and is expanded to include areas around the Downtown with related development issues. These areas include: . Residential areas between Jackson and Highway 169. Mixture of uses between the school campus and Downtown. A pedestrian friendly environment is a characteristic of the O/drawn designation. Original Elk River residential neighborhoods surrounding Downtown ( The current Central Business District will contain uses consistent with the City's redevelopment objectives. A variety of uses fit into the Old Town An hiS!oric"mainstreet"charocter designation: community-scale retail, professional services, publici civic uses, should be preserved in downtown. park, offices, dining and entertainment, banking, lodging, and housing. Uses need to be compatible with the character and scale of the Downtown area. Old Town is the home for a wide range of housing. The Plan seeks to protect and promote the maintenance of the single-family neighborhoods. These neigh- borhoods are an important part of Elk River's heritage and identity and offer affordable housing options. The majority of the existing high density housing is located in the Old Town area. The Old Town designation presents need and opportunity for redevelopment. Redevelopment should be oriented to housing, commercial uses and public spaces that support the existing character of the area. The Old Town area contains a variety of civic features. The School campus forms the north edge of this area. Lion's Park Center, Elk River Library and Handke School are all important civic elements of this area. These facilities ,( provide character and attract people into this area. These facilities build con- nections with the community and provide market opportunity for local bus i- nesses. r, Parks and natural features play an essential role in the plan for Old Town. "~ Building the Future - A Comprehensive Plan for Elk River E _ .ver Public spaces are essendal parts of the O/drawn category. Preserving existing residential neighborhoods that contribute to Elk Rivers identity is an objective of the O/drown District 4+12 This area provides the greatest opportunity for improved access and connec- tion with the Mississippi River. Lake Orono creates the western boundary for this area. Linkages from Old Town into the western neighborhoods and civic institutions of western Elk River are important. Light Industrial ( The Light Industrial category includes industrial uses that are lower in inten- sity of activity. These uses limit potential for adverse impacts on adjacent land uses due to factors such as noise and odor. E..'{amples of Light Industry uses are offices, enclosed storage and warehousing, research laboratories and light manufacturing. The Land Use Plan contains the following areas for Light Industrial land use: North of Highway 10 at the eastern edge of Elk River (consistent with current plan). Both sides of the Highway 10 corridor around the intersection (poten- tial future interchange) with 165th Avenue. The current plan provides a strip of Light Industrial use along the south side of Highway 10 with Medium Density Residential. The Light Industrial use north of High- way 10 is consistent with the current plan. Elk River Business Center south of Home Depot (consistent with cur- rent plan). . . Northwest quadrant of the Highway 169/10 interchange. The cur- rent plan guides this area for Highway Business. Although the com- munity needs more commercial land, this area is better suited to indus- trial use. This recommendation is shaped by the future expansion needs of Great River Energy and the municipal sewage treatment plant. Great River Energy also provides the ability to attract supporting industrial uses at this location. Crqting adequate street access to this property will be an issue for either industrial or commercial use of this site. . South of County Road 1 and west of Proctor Avenue (consistent with current plan). South of Highway 10 in west Elk River (consistent with current plan). It is assumed that a portion of the current mining area south of County Road 33 would also include some industrial development which will be determined through more detailed engineering and planning. . . Medium Industrial Medium Industry land uses are intended for businesses with more intensive uses. The level of intensity refers to the amount of land used by the business, the nature of the industrial activity, and the potential for truck traffic. Ex- E ~ Building the Future - A Comprehensive Plan for Elk River ~ Light industry includes places to work in a business park type setting. 4.13 ORDINANCE 04 - CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM C2 OFFICE DISTRICT TO PUD PLANNED UNIT DEVELOPMENT CASE NO. ZC 04- 07 The City Council of the City of Elk River does hereby ordain as follows: Section 1. The duly adopted Zoning Map of the City of Elk River is hereby amended to rezone the properties described as: Exhibit A Section 2. The rezoning is being approved based on the following findings: 1. THE ZONING IS CONSISTENT WITH THE UNDERLYING LAND USE OF OLD TOWN 2. THE PROPOSED USE IS CONSISTENT WITH THE ZONING REQUESTED. 3. THE PROPOSED ZONING IS COMPATIBLE WITH ADJACENT USES AND ZONING. 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 1" day of November, 2004, by the City Council of the City of Elk River. Stephanie A. Klinzing, Mayor A1;TEST: Joan Schmidt, City Clerk S:\PLANNING\Case Files\2004\ZC 04-07 Jackson Ave Villas\Ordiruu1ce.doc EXHIBIT A LEGAL DESCRIPTION: THA T PART OF THE FOLLOWING DESCRIBED PROPERTY LYING NORTH OF THE WESTERLY EXTENSION OF THE CENTERLINE OF 6TH STREET (FORMERLY PLATTED AS 8TH STREET) AS DEDICA TED IN THE PLAT OF BURRELL'S ADDITION, SHERBURNE COUNTY, MINNESOTA, SUBJECT TO EASEMENTS OF RECORD: THAT PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 33, RANGE 26, SHERBURNE COUNTY, MINNESOTA, DESCRIBED AS COMMENCING A T THE POINT OF IN TERSECTION OF THE CENTERLINE OF JACKSON AVENUE (FORMERLY KNOWN AS STATE TRUNK HIGHWAY NO. 201 AND "OLD HIGHWAY NO. 169") WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE WEST ALONG SAID SOUTH LINE FOR 200.00 FEET; THENCE NORTH PARALLEL WITH SAID CENTERLINE FOR 285.70 FEET TO A POINT TO BE HEREINAFTER KNOWN AS POINT "A" FOR THE PURPOSE OF THIS DESCRIPTION; THENCE EAST PARALLEL WITH SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER FOR 150.00 FEET TO INTERSECT WITH THE WEST LINE OF THE RIGHT -OF -WA Y OF SAID JACKSON AVENUE, BEING A LINE 50.00 FEET, AS MEASURED AT RIGHT ANGLES, WEST OF AND PARALLEL WITH SAID CENTERLINE, SAID POINT OF INTERSECTION ALSO BEING THE ACTUAL POINT OF BEGINNING OF THE LAND TO BE HEREBY DESCRIBED; THENCE RETURN WEST PARALLEL WITH SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER FOR 150.00 FEET TO SAID POINT "A"; THENCE NORTH PARALLEL WITH SAID CENTERLINE FOR 14.30 FEET, MORE OR LESS, TO INTERSECT THE NORTH LINE OF THE SOUTH 300.00 FEET, AS MEASURED AT RIGHT ANGLES, OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE WEST ALONG SAID NORTH LINE OF THE SOUTH 300.00 FEET FOR 200.01 FEET, MORE OR LESS, TO INTERSECT A LINE 400.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO, SAID CENTERLINE OF JACKSON AVENUE; THENCE NORTH PARALLEL WITH SAID CENTERLINE FOR 1039.77 FEET, MORE OR LESS, TO INTERSECT THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE EAST ALONG SAID NORTH LINE FOR 350.03 FEET, MORE OR LESS, TO INTERSECT SAID WEST LINE OF THE RIGHT-OF-WAY OF JACKSON AVENUE; THENCE SOUTH ALONG SAID WEST LINE OF THE RIGHT -OF -WA Y FOR 1056.71 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. 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La"d Pl.."ning FOR RIVERSIDE PROPERTIES OF ELK RIVER, LLC 580 Dodge Avenue Elk RivEr, Minneii"ota 55330 763-441-2072 FAX 763-441-5665 PRELIMINARY UTILITY PLAN Offices in: Elk River, Burnsvi1le and B7'ooklyn Center, Minnes"ta. [lATE- ;)ESIGN 3Y' DRAW!\ BY: 06/25/04 MeB ::RW .. II .. ... ... " " ~I 0 f ~ , 0 z g B: ~;'1;'; ~'--q<:.~r'''',... ~.! ~__ .'\oll--\..f! L~'".' /6 -CJ2:t2Y .... . -- --- _..._--~- REV NO. 1 OAT;;: 9150'1- REVtSED , DESC"IPTlON YOJi --- '--. -'-- --.---- -------- _._---._.~..__.~---_.------ -- - _.~----- ----- -~-- - ----" - .-.. _. ._--, .---..-- ------ -'- - .--- .---. ~~- %~ I I ~ II em I'" c- o. 083 OBI I ~~ 2; " ~ I~ ~ 11'111 '''1 ,I' 11'1 ",II! ' . " , liil',!il/,I'! ,I'll II il,l. I' 1,1 ! ,Ii 1111:11'.'1 ![,I!I,' ,I II ":' I "bz r:''"r'l- J; i ~ , ~ wi I CJI iBSf ~ ._---...... . \ I" I:" ,~ ~ II I < !I' i!I!' 'I', I ! 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Land Planning DATE; DESIGN BY DRAWN BY Cr-iECKED BY OWG 7379-11PLAND,dWQ TExT NONE riLE NO 7379-11.03 DAE DESCR:PTION Yi)11T 580 Dodg~ Av~nu~ Elk Riv~r. Minn~so!a 55330 763-441-2072 FAX 763-441-5655 OJJic~s in: Elk Ri1J~r. 8urnsvilte and Brooklyn Center. Minnesota PRELIMINARY LANDSCAPE PLAN ---- rll r nnnu