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7.7. SR 04-17-2017 EOty1� ,.,�� Request for Action River To Item Number Mayor and City Council 7.7 Agenda Section Meeting Date Prepared by Public Hearin s Aril 17, 2017 Zack Carlton,Planning Manager Item Description Reviewed by Zone Change and Conditional Use Permit: tReviewed Leeseber , Senior Planner Apartment Building, Briggs Companies, 6th Street by and Jackson Avenue rtner, City Administrator Action Requested 1. Adopt,by motion, an ordinance amendment changing the zoning of PID 75-134-2303 from R-4 (Multi-Family Residential) to Planned Unit Development (PUD). 2. Approve,by motion, the Conditional Use Permit (CUP) to establish a PUD for a multi-family development,with the following conditions: ■ 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. ■ The CUP will not be recorded until the Zone Change has been filed with the county. ■ Staff approval of updated landscape,grading, stormwater, site plans, and building elevations. ■ A PUD agreement shall be drafted and approved by the City Council prior to issuance of a building permit. ■ If the proposed work described in the application and CUP has not been substantially completed within two years after the CUP date of issuance, the permit shall expire and become void. Background/Discussion Pat Briggs, owner of the property located at the southwest corner of 61h Street and Jackson Avenue,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 61h Street and Jackson Ave. All access will come from two driveways off of 61h Street and no access will be permitted to Jackson Avenue. An additional fire access lane is required, and plans must be updated to demonstrate compliance with all building codes. POWERED 6T AR 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 Avenue,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 Avenue 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 allowed setbacks will be outlined 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 I 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. Budding 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 revien)ing a proposed amendment, consideration shall be given to existing conditions P)ithin the area directjand indirectly affected by the proposal, the conservation of propeqy values, the use to P)hich the properly affected is being devoted at the time, and relevantprovisions, if any, in the land use plan. N:APublic Bodies\Agenda Packets\04-17-2017\Final\7.7 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: 9. 1Vill not endanger, injure or detrimentally affect the use and enjoyment of otherpropery in the immediate vicinity or thepublic health, safety, morals, comfort, convenience orgeneral nvr fare 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. 1Vill be consistent Pith 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. 1Vill not impede the normal and orderly development and improvement of surrounding vacantproperty. 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. 1Vill be served adequately by and Pill not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, Pater and sorer systems,parks and schools;and V)ill not, in particular, create traf c congestion or interference Pith traf c 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. 1Vill not involve uses, activities,processes, materials, equ pment and conditions of operation that Pill be detrimental to any persons orproperty 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. 1Vill 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 major importance. 7. LVill fully comply Pith all other requirements of this Code, including any applicable requirements and standards for the issuance of a license orpeimit 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 and intent with city ordinances. N:APublic Bodies\Agenda Packets\04-17-2017\Final\7.7 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. Planning Commission No one spoke during the public hearing, and staff has not received any comments for or against the proposal. The Commission asked about impacts reduced setbacks may have on future work along Jackson Avenue. The right-of-way is approximately 83 feet wide in front of the project site,but it is not equally distributed along the roadway centerline. There is an additional 17 feet of right-of-way along the west side of Jackson,increasing the buffer from the street, and providing spaces for future roadway widening The Commission recommended approval of both requests 7-0. Financial Impact None Statutory Review Period Per State Statute 15.99 the required 60 day review period was extended to May 31, 2017. 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O° 0. —_ -- lJ �r x Ilei I I O 3 9lSa�� h lvi G\O N ili I — O O Fo u T — o °Q ✓ t� f r i r' !' 1 t r i �E. i , �j City of Elk -�-� River Ordinance 17 - An Ordinance Amending the City of Elk River Zoning Map to Rezone Certain Property from R-4 to PUD. Case No. ZC 17-04 The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That the duly adopted Zoning Map of the City of Elk River is hereby amended to rezone the property described on attached Exhibit A to PUD (Planned Unit Development). SECTION 2.That the rezoning approved by this Ordinance is based on the following findings: 1. The rezoning is consistent with the City of Elk River Land Use Plan adopted as part of the City of Elk River Comprehensive Plan. SECTION 3. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 17th day of April, 2017. John J. Dietz,Mayor ATTEST: Tina Allard, City Clerk URE Last Updated il7asch 2014 INATI Exhibit A Uat part of the fotw rw nq described parcel tying South of the Westerly exterrs'ron of than center fine of Fath Street (f araraerfy ptattrmd as 511)Street)as dedicated in the f;aiat of C:t rcOrsAddifion,Sherburne County,Minnesota `haat part of the SOUthWtSt Quarter of the Northwest Quarter of Sfttion 34 Township 33,, mange 26, Sherburne Courty.Minnesota,do toed as cornrrwenrkng at the point of Intersection of the centerkne of Jackson Avenue(forrnoriy known as State Trunk Highway No,201 and"Old Highway No. 169")with that South lane of"said Southwest Quarter of the Northwest Quarter;th encu West tc,rra�r arf South 4frro for 200,00 feet; thence North paraaiiei with said oentofine for 28510 fret to a pdrit to he hereafter known,:s Point""A"for the purposes of th descrtgrtfoo,thence East Owrafbe9 with saidSouth line of the Southwest f uarterof the Norllwmst Quaar ter foe,150,60 feet to Orte(sect with the West Urge of tt*right of way of said Jackson, „remw, tuning a tiara"50,00 feat"as rnuasured at right angles,West of and parallel with said centedine,said point of intersection also being the acawat int of beg 'nrairag of the ta,od to tae,)hereby descritaod„thence return West par'affat with said South lima of the southwest Quarter of the Northwest Quarter for'160.00 feet to said Point "A%thence North parallel with said cent toe for 14,30 30 f we t,MOM or less,to intersect the North brie of the South 300,00 feet, as measured at right angles,of said Southwest Quarter of the Northwest Quarter;thence West Mongh said North line of the South 300,00 feet of 200.ol feet,more or fess„to trrfear ect a tine 400.00 feet West of,as measured at right angvi rs to said centerkne of Jackson„ wrenuew tf ecce North parallel with said centerfireo for 1039,77 fewewt,more or less.to irrterseut the North wine of said South%)st Cluarter of the Nortirwwest QUaarteer,thence Last along said North line for 350.03 feet rrroare a°ar toss, to intersect said West limen of the right Of way of Jackson Avenue,„thence tiaouth afong said rAest tine of the right of wway,for 1M.71 feet,more or toss, to the powt of beginning,wxording to the Unlead States Government Survey thereof and situate in Sherburne County,�Mlnnesota P' 0111ER' EO 0T Last Updated il7asch 2014 INATUREI