5.1. - 5.3. SR 12-06-2004
Item #'s 5.1. -5.3.
MEMORANDUM
FROM:
Mayor and City Council
Scott Harlicker, Senior p,ann4
December 6, 2004
TO:
DATE:
SUBJECT:
Case No. IC 04-06, CU 04- 15 and P04-09
Request by Orrin Thompson for a lone Change, a Conditional
Use Permit and Preliminary Plat for River Park
Reauest
Consider a request by Orrin Thompson Homes for a zone change from Rid to PUD
(planned Unit Development), a preliminary plat and conditional use permit for a 489 unit
planned unit development.
60 and 120-Dav Rule
The applicant has waived the 60 and 120 day rule in order to allow time to amend their
proposal.
Location
South of Twin Lakes Road, east of Sunset Ridge and west of Cleveland Street
lonina/Land Use
Rid (Single Family Residential) I MR (J'vfedium Density Residential)
Attachments
. Location Map
. Development Plan
. Letter, Alan Jensen, Superintendent School District 728
Overview
Planning Commission Meeting
At the September 20'h meeting the City Council tabled the request to allow the applicant to
make modifications to the ptoject and present a revised plan to the Planning Commission
for review.
The Planning Commission at their November 9'h meeting teviewed the ptoposal that is
before the Council. A majority of the Commissioners liked the project; however, they
recommended denial of the proposal. They based their recommendation on health safety
issues as it relates to the lack of overall traffic infrastructure on the east side of the city to
support the traffic generated by this ptoject.
The residents ftom Sunset Ridge spoke at the public hearing and reiterated their concerns
regarding the increase in traffic through their neighborhood, the dangerous intersections at
Lincoln/County Road. 13 and Kennedy/County Road 13, that the ptoject is not compatible
with their development and the traffic congestion at the intersections along Highway 169.
Analysis
Zone Change
The applicant is requesting a rezoning ftom RId (Single Family Residential) 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 City Council
should evaluate the consistency of the request with the underlying land use, the consistency
of the use with the ptoposed zoning district, and the compatibility of the requested zoning
district to adjacent uses and zoning. In the case of a Planned Unit Development, the City
can also evaluate what the City is gaining in exchange for granting the zone change.
The request to change the zoning from RId Single Family Residential to PUD Planned Unit
Development is consistent with the underlying land use designation of Medium Density
Residential. It is compatible the adjacent property to the south, as the ptoperty is likely to be
developed under a PUD designation. The property to the west is larger lot (2.5 acre) single
family residential; the ptoposed PUD includes 14,000 sf. single family lots abutting those
properties.
Conditional Use Permit and Preliminary Plat
Layout and Density
The proposal before the Council has been modified since the Council considered it on
September 20'h. The changes include reducing the number of units from 608 to 489,
donating about 22.5 acres for an elementary school/fire station & well house at the
intersection of County Roads 40 and 13, reducing the amount of preserved woodland and
including the east/west connection to Twin Lake Estates.
The applicant is proposing a 489 unit residential Planned Unit Development with a mix of
173 townhouse lots and 316 single family lots on 224 acres. With the current plan there are
no townhouses east of County Road 40. The applicant still plans on improving the wedand
in the southwest corner and installing sidewalks on all public streets. The net density of the
project, excludingwedands (34 acres) street right-of-way (35 acres) and parkland/school (28
acres), is 3.85 units/acre. If this property were developed at the Rid density of 2.7 units per
acre, there could be about 359 units.
Staff recommends that the 4 single family lots on the west side of the south park be moved,
the street connecting the main street with the connection to Sunset Ridge be converted to a
cui de sac and short east/west street, adjacent to the wedand and near the connection to
Sunset Ridge, be moved to the north. (see drawing)
The applicant has met with the School District and city staff; the proposed location for the
school site is a result of that meeting.
Parks and Open Space
The Parks and Recreation Commission recommended the park dedication requirements be
met with combination of cash and land. The land includes the 4.7 acre south park which will
eventually be combined with parkland that will be included when the property to the south is
developed.
The proposed school site will include athletic fields. The Council will have to decide if land
included with the school site is credited towards their park dedication requirement.
Sidewalks and Trails
Each public street will have a sidewalk on at least one side, the main north/ south street will
have sidewalks on both sides and the street in the northeast corner, on east side of County
Road 40, will have sidewalks on both sides. Maintenance of the sidewalks will be subject of
further discussion. If the sidewalks are to be city maintained, they will have to be 6 feet wide
so that they can be plowed with city equipment.
A pedestrian facility should be installed along the west side of County Road 40.
Grading. Drainage and Utilities
The applicant has submitted a revised preliminary plat for review. The grading, drainage and
utility plans have not changed significandy and have not been revised for this meeting. The
City Engineer and staff will work with the applicant on fmalizing and approving those plans.
Landscaping
The applicant is revising the landscape plan to address staff comments regarding increased
screening along County Roads 13 and 40. The plan will also include additional street trees
and screening. The current plan does not meet the minimum landscaping requirements.
Recommendation
Planning Commission Recommendation
The Planning Commission recommended denial (7:0) of the rezoning to PUD, the
conditional use permit for the PUD and the preliminary plat based on the following fIndings:
1. THERE IS INADEQUATE INFRASTRUCTURE TO SUPPORT THE
ADDITIONAL TRAFFIC THAT WILL BE GENERATED BY THIS
DEVELOPMENT.
2. PUBLIC SAFETY CONCERNS RELATED TO THE LACK OF
INFRASTRUCTURE.
Staff Recommendation
Staff recommends that the City Council approve the zone change from Rid to PUD based
on the following fmdings:
1. THE ZONING IS COMPATIBLE WITH THE UNDERLYING LAND
USE OF MEDIUM DENSITY RESIDENTIAL.
2. THE PROPOSED USE IS CONSISTENT WITH THE ZONING
REQUESTED.
3. THE PROPOSED ZONING IS COMPATIBLE WITH ADJACENT
USES AND ZONING.
Staff recommends that the City Council approve of the preliminary plat and conditional use
permit for River Park 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. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND
EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING.
3. 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.
4. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE
CITY ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR
RECORDING.
5. WATER ACCESSIBILTY FEES IN THE AMOUNT DETERMINED BY THE
CITY BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO
RELEASING THE PLAT FOR RECORDING.
6. THE SITE BE ASSESSED FOR TRUNK SEWER AND WATER AT THE 2004
RATE OF $6,955.21 AND THIS REQUIREMENT BE INCLUDED IN THE
DEVELOPERS AGREEMENT.
7. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT
OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS.
8. 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.
9. ALL COMMENTS CONTAINED IN BUILDING AND ENVIRONMENTAL
ADMINISTRATOR'S MEMO DATED AUGUST 10,2004 SHALL BE
ADDRESSED.
10. THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION.
DRAINAGE EASEMENTS SHALL BE IN PLACE OVER THE WETLAND
AND THE WETLAND MITIGATION AREAS.
11. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE
WETLAND AND THE WETLAND MITIGATION AREAS.
12. A THREE YEAR MONITORING REPORT ON THE WETLAND
MITIGATION IS REQUIRED.
13. THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE
PLANS.
14. THE STREET NAMES SHALL BE REVISED AS INDICATED.
15. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER
UTILITIES
16. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE
CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
17. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER
PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
18. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF
BUILDING PERMITS.
19. ALL MAILBOXES BE CLUSTERED.
20. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING
THE PLAT FOR RECORDING.
21. 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.
22. 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.
23. PARK DEDICATION REQUIREMENTS SHALL BE MET WITH A
COMBINATION OF LAND AND CASH. THE DEVELOPER SHALL NOT
RECEIVE PARK DEDICATION CREDIT FOR SLOPES 4:1 OR GREATER,
WETLANDS OR STORMWATER PONDS LOCATED IN THE PARKS.
24. THE LANDSCAPE PLAN SHALL BE AMENDED TO INCLUDE
ADDITIONAL SCREENING ALONG COUNTY ROADS 13 AND 40.
ADDITIONAL TREES AND SCREENING SHALL BE PROVIDED ALONG
THE REAR YARDS OF SINGLE FAMILY LOTS THAT ARE ADJACENT TO
TOWNHOUSES OR PRIVATE STREETS. STREET TREES SHALL BE
PLANTED ALONG ALL STREETS AT A MINIMUM OF 30 FEET ON
CENTER.
25. EACH PUBLIC STREET WILL HAVE A SIDEWALK ON AT LEAST ONE
SIDE, THE MAIN NORTH/SOUTH STREET WILL HAVE SIDEWALKS
ON BOTH SIDES AND THE STREET IN THE NORTHEAST CORNER,
WILL HAVE SIDEWALKS ON BOTH SIDES. SIDEWALKS THAT WILL BE
MAINTAINED BY THE CITY SHALL BE 6 FEET IN WIDTH. A
PEDESTRIAN FACILITY SHALL BE INSTALLED ALONG THE WEST
SIDE OF COUNTY ROAD 40.
26. THE TOWNHOUSES DESIGN AND EXTERIOR ELEVATION SHALL AT
A MINIMUM COMPLY WITH THE DESIGN STANDARDS OF THE R3
ZONING DISTRICT.
27. THE STREET CONNECTION TO SUNSET RIDGE BE INCLUDED ON
THE PLAT.
28. THE FOUR SINGLE FAMILY LOTS ON THE WEST SIDE OF THE
SOUTH PARK BE MOVED.
29. THE STREET CONNECTING THE MAIN STREET THROUGH THE
PLAT TO THE CONNECTION TO SUNSET RIDGE BE CHANGED TO A
CUL DE SAC, AS ILLUSTRATED ON THE DRAWING DATED 12/2/04.
MEMORANDUM
TO: Mayor and City Council
FROM: Phil Hals, Street Superintendent
DATE: December 2, 2004
SUBJECT: Miske Property
The Street Department staff feels that it is very important to have a roadway
connection between the proposed River Park development and the Sunset Ridge
neighborhood. This is especially true for emergency access in the event of
windstorms or other disaster situations, as well as normal Street Department.
activities such as plowing and sweeping.
Our equipment will be able to go between both locations with blades down and
provide a more productive and efficient use of manpower to maintain the road.
PH:dl
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Location Map
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Case Number: CU 04-15
RIVER PARK
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River Park
Elk River, MN
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November 4, 2004
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Independent School District
ADMINISTRATION OFFICES
327 King Avenue
Elk River, MN 55330
728
DR. ALAN JENSEN
Superintendent of Schools
(763) 241-3400 Fax (763) 241-3407
November 4, 2004
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- - - -
Mr. Pat Klaers
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Dear Mr. Klaers:
Per our discussion yesterday, the School District administration supports the current
Orrin Thompson proposal for land for a school site at the southwest comer of County
Road 44 and Twin Lakes Boulevard.
Please call me if you have any questions.
Sincerely,
Alan Jensen,
Superintend
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FUTURE PARK
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Revised layout with cui de sac
12/2/04
River Park
Elk River, MN
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Independent School District
ADMINISTRATION OFFICES
327 King Avenue
Elk River, MN 55330
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DR. ALAN JENSEN
Superintendent of Schools
(763) 241-3400 Fax (763) 241-3407
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December 2, 2004
DEL I) 3 2UU4
Mayor Stephanie Klinzing
Elk River City Council
City of Elk River
13065 Orono Parkway
Elk River, Minnesota 55330
Honorable Mayor Klinzing & Councilmembers:
Elk River Area Schools is in full support of the proposed River Park development as
presented to the Planning Commission on November 9,2004. We have worked in
cooperation with the developer and city staff on a cooperative plan that will be beneficial
to both the City of Elk River and the students of Elk River Area Schools.
The site we have identified provides numerous opportunities for access, views, playing
fields, and security. We are especially excited about the learning opportunities that may
be provided by sharing the site with the fire station and water treatment building. It is not
often that elementary students can learn about public service and public works without
leaving the school site. Weare already discussing cooperative learning scenarios
regarding safety, clean water, and environmental responsibility.
We also appreciate the City effort to require the developer to provide safe walkways and
bikeways through the development to the school site. We envision playing fields for
soccer and softball in cooperation with the Parks and Recreation Department and shared
parking for both the public and the Fire Station.
We believe this plan is a win-win situation for the citizens of Elk River and the students
of Elk River Area Schools. We urge you to seriously consider this development for
approval and would be happy to sit down and discuss our site opportunities with anyone
concerned. We're excited about this plan, and look forward to providing, with the City of
Elk River, another wonderful learning environment for the children of this community.
Sincerely,
Alan Jensen, E .
Superintendent
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