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6.2 PCSR 03-28-2017E lls River` Request for Action To Item Number Planning Commission 6.2 Agenda Section Meeting Date Prepared by Public Hearings March 28, 2017 Zack Carlton, Planning Manager Item Description Reviewed by Pat Briggs — 6th Street and Jackson Ave NW Chris Leeseber , Senior Planner Reviewed by • Zone Change from R -4 (Multi Family Residential) to PUD, Case No. ZC 17 -04 • Conditional Use Permit to establish a PUD for an apartment building, Case No. CU 17 -04 Action Requested Recommend, by motion, approval of the zone change for PID 75- 134 -2303, changing the zoning from R- 4 (Multi - Family Residential) to Planned Unit Development (PUD). Recommend, by motion, approval of the Conditional Use Permit (CUP) to establish a PUD for an apartment building, with the following conditions: 1. Approval of the CUP does not constitute building permit approval. The applicant must apply for and receive approval of a building permit before construction may begin. 2. The CUP will not be recorded until the Zone Change has been filed with the county. 3. Staff approval of updated landscape, grading, stormwater, site plans, and building elevations. 4. A PUD agreement shall be drafted and approved by the City Council prior to issuance of a building permit. 5. If the proposed work described in the application and Conditional Use Permit has not been substantially completed within two years after the Conditional Use Permits date of issuance, the permit shall expire and become void. Background /Discussion Pat Briggs, owner of the property located at the southwest corner of 6`h Street and Jackson Ave, has requested a zone change and a CUP to allow establishment of a PUD for development of a 40 -unit apartment building. The property was recently rezoned to R -4, which supports the desired use, but due to restrictions on the site, the applicant is requesting to utilize the PUD process for his residential uses. The applicant proposes a mix of one, two, and three bedroom apartments. Every apartment will have a full appliance package including dish washer, clothes washer and dryer. A ground level parking garage provides one parking stall per apartment. The proximity to Lions Park also provides nearby recreational opportunities for residents. Analysis Site Plan The apartment complex is located in the center of an existing parcel at the southwest corner of 6`h Street and Jackson Ave. All access will come from two driveways off of 6`h Street and no access will be permitted to Jackson Ave. 4A UO'E The location of the building does not comply with the setback requirements for the R -4 zoning district. Required setbacks are 30 feet from Jackson Ave, 25 feet along the south property line, and 10 feet from the west property line. The building meets setback requirements for the west property line, but the setback along Jackson Ave is only 10 feet, and the rear yard setback is reduced to 15 feet for approximately half of the building. Staff is comfortable with the encroachment as the curb line for Jackson is actually 25 feet beyond the property line — 35 foot total setback for the building, and the encroachment on the south side of the building abuts a wetland. The reduced setbacks will be described in the PUD agreement. Trash enclosures are required to be screened from view. A detail of the trash enclosure is required. Parking City ordinances require 2.5 parking stalls per residential unit, one of which must be covered. There are 40 covered parking stalls shown on the site plan, but the configuration may make the units located on the ends difficult to use. Additionally, there are 37 parking stalls in the parking lot. City ordinance requires 100 parking stalls, but the site plan only includes 77 spaces. The site plan can be amended to include approximately 14 more parking spaces, which would bring the total number of spaces to 91 stalls. Staff recommends amending the site plan to include at least 90 parking stalls, and modifying the garage stalls to improve ingress /egress of the end parking stalls. Grading and Stormwater The city's Stormwater Coordinator has concerns with the current proposal to handle /treat runoff from the subject property. Based on information shown in the soil borings completed on the site, the proposed pond may not infiltrate as initially proposed. Staff will continue to work with the applicant and the site engineer to address these concerns, and ensure it satisfies city ordinances. The grading plan must be updated to show where the contour lines of the subject site tie into adjacent properties. Grades along 6`'' street are not show in enough detail to ensure positive drainage away from the street and trail. An updated grading plan is required. Landscaping City ordinance requires 31 trees. A landscaping plan has not yet been received, but must include at least 15 overstory trees, 8 ornamental trees, and 8 coniferous trees. Specific seed mixes for the stormwater basin also need to be shown in the plans. An in ground irrigation system for all turf areas is also required. Building The three story apartment building includes a deck or exterior access for each unit, and the building envelope is covered with siding. Siding materials and colors must be submitted, and at least two materials (siding, brick, stone, stucco, etc.) need to be included on all facades. A colored elevation of each facade is required. Applicable Regulations Zone Change In reviewing a proposed amendment, consideration shall be given to existing conditions witbin the area directly and indirectly affected by the proposal, the conservation of propero values, the use to wbicb the property affected is being devoted at the time, and relevant provisions, if any, in the land use plan. N: \Departments \Community Development \Planning \Case Files \CUP \CU 17 -04 Briggs Companies \4 - Planning Commission \6.2 sr Briggs ZC and PUD.docx The comprehensive plan refers to the Mississippi Connections Plan for guidance. Within that plan, the guidance for areas along Jackson Avenue and Lion's Park includes incorporation of high density housing options. The zone change achieves the desires of the comprehensive plan by increasing housing opportunities near Lion's Park. The surrounding land uses include Lion's Park to the west, vacant land to the north, single - family uses to the east, and commercial and industrial uses to the south. The proposed change does not adversely affect surrounding properties. Conditional Use Permit The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 1. mill not endanger, injure or detrimentally affect the use and enjoyment of otherproperzy in the immediate vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the city. The proposed apartment building will not detrimentally affect the use and enjoyment of other properties in the immediate vicinity. 2. Vill be consistent with the comprehensive plan. The comprehensive plan identifies a desire for high density residential uses along Lions Park and Jackson Street. This application supports that goal. 3. mill not impede the normal and orderly development and improvement of surrounding vacant property. The use will not impede the normal and orderly development and improvement of surrounding vacant property. This is the first step in a larger project that may include residential development on the vacant lot north of this site, in accordance with the goals of the comprehensive plan. 4. Hill 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 systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. The use 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 systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. The property will connect to city services. 5. WAN not involve uses, activities, processes, materials, equipment and conditions of operation that mill be detrimental to any persons orpropero because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. The project is a residential use, which does not include detrimental operations due to traffic, noise, smoke, fumes, glare, odors, dust, or vibrations. 6. mill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. The use will not result in the destruction, loss or damage of a natural, scenic or historic feature of mayor importance. 7. Wlill fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. The current proposal does not meet all code requirements, but the recommended plan updates and changes through the PUD process will ensure compliance with city ordinances. N: \Departments \Community Development \Planning \Case Files \CUP \CU 17 -04 Briggs Companies \4 - Planning Commission \6.2 sr Briggs ZC and PUD.docx 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. Financial Impact None Statutory Review Period Per State Statute 15.99 the required 60 day review period ends on April 17, 2017 Attachments • Location Map • Building and site plans received February 17, 2017 N: \Departments \Community Development \Planning \Case Files \CUP \CU 17 -04 Briggs Comp2nies \4 - Planning Commission \6.2 sr Briggs ZC and PUD.docx I 400 AM t t as O m_ bJJ a� _ . 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