5.1. - 5.3. SR 11-15-2004
Item #'s 5.1-5.3.
MEMORANDUM
DATE:
Mayor and City Council
Scott Harlicker, Senior Plan~
November 15, 2004
TO:
FROM:
SUBJECT:
Case No. lC04-07, CU04-32 and P 04-16,
Request for a lone Change, Conditional Use Permit and
Preliminary Plat (Jackson Street Villas)
Reauest
The applicant has requested a zone change, conditional use permit and preliminary plat for a
76 unit townhouse development called Jackson Street Villas.
At the November 1" City Council meeting, the Council tabled this proposal in order to allow
staff an opportunity to evaluate possible enhancements that the developer could provide as
p~t of the Planned Unit Development approval.
The applicant is proposing a 76 unit townhouse development. If the property were to be
rezoned to R3 instead ofPUD, the developer would be allowed 53 units. Should the
proposed PUD be approved as proposed, the developer will get 23 units more than with the
R3 zoning.
In exchange for the additional 23 units the applicant has offered the following:
. Planting 80 trees in Lions Park
Additional enhancements to consider:
. Paying park dedication, currently $2,200 per unit, for the additional 23 units
($50,600).
. Contributing to off site improvements.
. Constructing a trail to connect the development sidewalks with the trails in Lions
Park.
Memo to Mayor and City CounciljP 04-16
November 15, 2004
Page 2
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Attached is the City Engineer's memo that the Council requested and the staff report from
the November 1 st Council meeting.
S:\PLANNING\Case Files\2004\P 04-16 Jackson St Villas\P 04-16_CC11-15.doc
City of
ElK
River -
13065 Orono Parkway
Elk River, MN 55330
November 8, 2004
File: 823950]-0240
The Honorable Mayor and City Council
City of Elk River
13065 Orono Parkway
Elk River, Minnesota 55330
RE: JACKSON STREET VILLAS
Dear Councilmembers:
Based upon your direction given at the City Council meeting of November 1, 2004 when the
Jackson Street Villas project was first presented to the City Council, I have done some
calculations relative to the cost of providing barrier style concrete curb and gutter along both
sides of 6'\ 7"' and 8'h Streets between Jackson Avenue and Irving Avenue. All three of
these streets are urban in nature but do not currently have any concrete curb and gutter.
The length of each ofthese blocks from Jackson Avenue to Irving Avenue is approximateJy
360 feet. This length would need to be doubled to provide for curb and gutter on both sides
of the street and then multiplied by 3, resulting in a total length of approximately 2,160 lineal
feet.
If the City were to install concrete curb and gutter without rebuilding the existing roadways,
there would be the added cost of filling in behind the curb and gutter and restoring the area
along with patching the existing bituminous in front of the curb and gutter. In addition
there would be some additional cost for providing driveway access points to the alleys
and! or properties adjacent to the streets. To account for these costs, I have used a
construction cost of $25 per lineal feet of curb and gutter. In addition, I have utilized the
City's standard overhead rate to account for the design and construction activities of
building concrete curb and gutter in these areas. Utilizing all of the above-described
assumjtions, the total cost of providing concrete curb and gutter along both sides of 6'\ 7"'
and 8 Streets between J ackson Avenue and Irving Avenue would be approximateJy $69,000.
Perhaps another way the City Council could look at this issue would be to calculate the
number of units proposed in the Jackson Street Villas project that would be above the
number allowed in an R3 zoning and apply a typical street reconstruction assessment rate to
these number of units. The current proposal has 76 townhomes in it. If this were to be
developed based on an R3 zoning, the number of allowable units would be 53. Therefore,
Phone: 763.635.1000
Pax: 763.635111)0
www.cLelk-river.mn.us
Jackson Street Villas
November 15, 2004
Page 2
there are 23 additional units being requested. Weare currently working on the 2005
Pavement Rehabilitation Project. We would anticipate that the assessment rate per
residential property would be about $6,000 per unit. An argument could be made that
townhomes would be assessed at a slightly lower rate than a single family home because of
the size of lot and number of trips generated. If we were to take an assessment approach to
determining a cost to contribute to the reconstruction of 6ili, 7'h and 8'h Streets, one way
would be to assess 23 units at the anticipated assessment rate for the 2005 Street
Rehabilitation Project. The following table shows three assessment rates; one at 100
percent, one at 67 percent, and one at 50 percent of the anticipated assessment rate:
23 units x $6,000 er unit = $138,000
23 units x $4,000 er unit = $92,000
23 units x $3,000 er unit = $69,000
With this analysis the assessment at 50 percent of what a single family residential unit is
anticipated to be assessed comes very close to the calculation of actUal construction cost for
concrete curb and gutter.
One final item, my original review memo regarding Jackson Street Villas recommended that
they be required to pay $15,000 to fund the potential re-striping of Jackson Avenue to a
three-lane configuration with a center rum lane from School Street to Trunk Highway 10. I
recommended this because I believe that the Jackson Street Villas with 76 townhomes will
exacerbate an already difficult traffic situation on J ackson Avenue at certain times of the day.
In the a.m. peak hour, traffic queues up from School trying to make left turns to get to the
high school. In the p.m. peak hour, traffic queues up from the south to get onto Trunk
Highway 10 from J ackson Avenue. I believe that the Jackson Street Villas will add to this
problem by interjecting left turns into and out of their site during both the a.m. and p.m.
peak hours. That is why I made the recommendation that they be required to contribute
$15,000 forthe re-striping ofJackson Avenue. I did not mean to imply that if the City
Council agreed with this condition, that Jackson Avenue would automatically be re-striped to
a three-lane configuration. I assume that given the recent history with Gates Avenue that
there would be a separate analysis of this issue involving the residents on the east side of
J ackson Avenue prior to proceeding with any re-striping of the area. I hope that this adds
clarification to the item that I had in my original memo.
Based on traffic generation a townhouse is approximately equal to 2/3 of a single-family
home. Therefore, I would recommend Jackson Street Villas pay $92,000 towards street
reconstruction on 6ili, 7'h and 8'h Streets and traffic changes on Jackson Avenue.
I will be in attendance at your November 15, 2004 City Council meeting, should you have
any questions or would like to discuss these issues further.
Sincerely,
~~
Terry]. 11aurer, P.E.
City Engineer
S,\PLANNING\C.,e Files\2004\P 04-16 Jackson St Vill.,\ll 08 04 Engineers memo.doc
FilE COpy
Item#'s 5.5. - .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
pennit and preliminary 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 Day 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
\' 144 ~ray~,;1ndti~ C'~unci1/P 04-16
~ ~oy.~~.,1,2~.,:~: oii
Of Phg€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 6"' and 8"' Streets.
The proposed townbouses are two story row-style units. The exteriors include a mix of brick
and vinyL Private streets will provide direct access to the townbouse garages. The front of
the units will face Jackson Avenue and 6"' Street.
Existing- Conditions
The property is undeveloped. There is a drainage ditch the runs diagonally across the site
and the northeast corner is wooded. The site is flat and has been hayed in the pase The
property has frontage on J ackson Avenue and on 6"' Street.
Adjacent land uses include Lions Park to the west, an undeveloped parcel to the south,
across 6"' 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 requited 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 Avenue. Staff believes that this request no longer
requites 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\CJ.se Files\2004\P 04-16 Jackwn St Villas\P 04-1G_CCl1-ULdoc
Memo to Mayor and City Council/P 04-16
November 1, 2004
Page 3
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Development, the City can also evaluate what the City is gaining in exchange for gtanting 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 Preliminary 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'h 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 intemallots 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 d1:ainage 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 A venue and the
second is from 6'h 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 tlle southeast
corner of the project, about 120 feet east of the intersection of J ackson 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'h Street with the shared access from Jackson Avenue and two shorter dead-end
streets.
F our 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 04-16 Jackson St Villas\P 04-1G_CC11-01.doc
Memo to M:J.yor :J.nd City Council/P 04-16
November 1, 2004
P:J.ge 4
___~U_______~
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 maill 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, draillage and utility issues are addressed in the City Engineer's memo.
Landscaping
Street trees are proposed along J ackson Avenue and 6'h Street. Green ash trees are proposed
along 6"' Street and honey locust are proposed along J ackson 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. Overst01}' trees, similar to those planted along
Jackson 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.
Building 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 serback 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 jac\u;on St Villas\P 04-1G_CC11-U1.doc
Memo to Mayor and City Council/P 04-16
November 1, 2004
Page 5
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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"' two residents spoke at the public
hearing. They expressed similar concerns regariling an increase in traffic and parking
problems. One resident spoke against the project; he would rather have an office buililing 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 recotIUnendation 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 finilings:
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 permit 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:\PLWNING\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 6
_____n_____
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 mitigarion. 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. Overs tory trees, similar to those
planted along Jackson 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.
S:\PLANNING\Case Files\2004\P 04-Hi Jacbon St Vilbs\P 04-16_CC11-01.doc
Memo to Mayor and City Council/P 04--16
Nov~mbt:r 1, 2004 .
Pagt: 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 of the shared driveway off of Jackson avenue.
S:\PLANNING\Case File~\2004\P 04-1Gjackwn St Vil1a.~\P 04-16_CCII-0l.doc
-4 hqn~HIQ\L/\(/ irlnln'---ll' '
I .~ H/ ~ 1& TRAILS LEGEND
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Location Map
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Citvof
E1 ~
River - ,
Case Number: LU 04-03, ZC 04-07 & P 04-16
e..u. 04- 32.
RIVERSIDE PROPERTIES
13065 Orono Parkway
Elk Nver, MN 55330
October 5, 2004
File: 823950j-0240
Mr. Scott Harlicker
Senior Planner
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"' 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 Planned 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 6'h Street to the
south which is the driveway into the Boys & Girls dub and a private road at the
north that lines up with 8'h Street on the east side of J ackson Avenue.
6"' Street currently is a narroW driveway type of roadway servicing the Boys & Girls
dub. It appears to be approximately 20 feet in width. We would recommend that
the developers of Jackson Street Villas be required to reconstruct 6"' 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 J ackson Avenue.
Phnne: 763.635.10110
f;tK:763C'J'IU90
.."'~., _, AIL r;..n. ."n ""
The private drive shown at the north end lines up with 8'h Street directly across
J ackson Avenue. Currently, the undeveloped property to the north owned by Rivers
Christian Academy has a driveway access onto Jackson A venue 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'h Street.
o 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.
o J ackson 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
o 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.
o The preliminary grading plan should include infom1ation such as invert elevations on
the flared-end sections and rin1 elevations on the catch basins.
o 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
permitted to deposit excess snow in the wetland created at the nOlthwest. comer of
the site. Snow may be stockpiled in the ponding area.
o 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:\PU\NNIN'G\Case Files\2004\P 04-16 J:lCbonAve Vilhs\10 504 Engineers memo.doc
C. Preliminary Utility Plan
o The water system is shown to be connected at Jackson A venue at the southeast
comer and the nOltheast corner. 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.
o The sanitary sewer system is proposed to connect to the existing sanitary sewer
system in 6'h Street as it extends from Jackson A venue 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.
o Each individual unit will need to have a separate sewer and water service.
o The street section dimension should be shown as 28 feet face-to-face.
D. Drainage Calculations
o Time of concentration for Subcatchment 3- E and 7 -Pare too high. These need to
be re-checked and the calculation verified.
o The west pond has an emergency overflow that flows into the Lions Park.
o Since the project proposes to disturb more than one acre of land, and NPD ES
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.
o 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.
o This project has been before the Technical Evaluation Panel (rEP). The TEP has
approved the fil1ing 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,
;;;;'0# J>>It.
Terry J. K1f~er;~
S:\PLA.~G\Case Files\20D4\P J4-16 Jacbon Ave Vilb..s\10 5 04 Engineers memo.doc
Original Elk River residential neighborhoods surrounding Downtown
( The current Central Business District '\vill contain uses consistent with the
City's redevelopment obiectlves. }, variety of uses fit into the Old Town An histDric"mainstreet"character
designation: community-scale retail, professional services, publici civic uses, should be preserved in downtown.
park, offices, dming 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 Rjver's heritage and IdentIty and offer
affordable housing options. The majonty of the existing high dens I):}' housing
is located in the Old Town area.
tivities on adjacent residential uses
Located on or near collector roads or key mtersecuons to ffi3..0"'{lffilZe its
market vIability
Not allowed within a '/, mile of other planned or eXisting neighbor-
hood commercial node
These neighborhood-oriented Communi):}' 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 commerClal uses along Highway 169, are reduced and
residents benefit by a higher quality of hEe do to less time copmg with traffic.
Old Town
The Old Town land use category reflects the unique land use mi..,<ture in and
around the Downtown. Th,s 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.
Mi..'<ture of uses Qetween the school campus and Downtown.
The Old Town designaoon presents need and opportuniry 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 Rjver 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-
neCtlons with the communlry and provide market opportuniry for local busI-
nesses.
Parks and natural features play an essential role In the plan for Old Town.
.~I Building the Future - A Comprehensive Plan for Elk River
EU!:r~
River
A pedestrian friendly environment is
a characteristic of the O/dTown
designation.
Public spaces are essential parts of
the O/dTown category.
Preserving existing residential
neighborhoods that contribute to Elk
River's identity is an objedJve of the
O/dTown DlStJict
HI2
This area provides the greatest opportunity for improved access and connec-
tion with the Mississippi R1ver. 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. Examples 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 R1ver (consistent with
current plan).
Both sides of the Highway 10 corridor around the intersection (poten-
tial future interchange) with 165th },venue. 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 R1ver 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 R1ver Energy and the municipal sewage treatment plant. Great
R1ver Energy also provides the ability to attract supporting industrial
uses at this location. Cre~ting 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-
"'l~. Building the Future -A Comprehensive Plan for Elk River
Efd'''.=J-
River
Light industry includes places to
work in a business park type setting.
HI3
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 Rivet 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
ATTEST:
Joan Schmidt, City Clerk
S:\PLAl\!NING\Case Files\2004\ZC 04-07 Jack.~on Ave Villas\Ordinance.doc
EXHIBIT A
LEGAL DESCRIPTION
THA T PART OF THE FOLLOWING DESCRIBED PROPERTY L YI~IG NORTH OF THE WESTERLY
EXTENSION OF THE CENTERLINE OF 6TH STREET (FORMERLY PLATTED AS 8TH STREET) AS
DEDIUTED IN THE PLAT OF BURRELL'S ADDiTiON, SHERBURNE COUNTY, MIN~IESOTA, SUBJECT
TO EASEMEN TS OF RECORD:
THA T PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34,
TOWNSHIP 33, RANGE 26, SHERBURNE COUN TY, MINNESOTA, DESCRIBED AS COMMENCING
AT THE POINT OF INTERSECTION OF THE CENTERLINE OF JACKSON AVENUE (FORMERLY
KNOWN AS STATE TRUNK HIGHWAY NO. 201 AND "OLD HIGHWAY ~IO. 169") WITH THE
SOUTH LINE OF SAID SOUTHWEST OUARTER OF THE NORTHWEST QUARTER; THENCE WEST
ALO~IG 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-WAY 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 IN TERSECT SAID WEST
LINE OF THE RIGHT-OF-WAY OF JACKSON AVENUE; THENCE SOUTH ALONG S,~ID WEST
LINE OF THE RIGHT -OF-WAY FOR 1056.71 FEET, MORE OR LESS, TO THE POINT OF
BEGINNING.
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I hffeoy eerily tl'OI plan, DArE r,'o
JACKSON STREET VILLAS John Oliver & Associates, Inc, eolio,~, o. report wos pr"pored 0, m, 233/50 ; 9 '16 '04 '<::VISED L'\(OcJT
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763 '" 2072 F" ,OJ 441-5665 owe 7379-1 I "PLAT_cWQ
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~ '\ Offien in: Elk Ril-'fT, Bm-nS1)(!!f IEXT
CfnteT, Afi11nesola S:gnoture Lyn . Coswelt
and Brooklyn FI'E NO 7379 1103
PRELIMINARY PLAT Dale 06/25/2804 Lie. No 13057
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