5.3. PCSR 08-28-2018Request for Action
To Item Number
Planning Commission 5.3
Agenda Section Meeting Date Prepared by
Public Hearing August 28, 2018 Zack Carlton, Planning Manager
Item Description Reviewed by
River Walk – 17354 Zane Street NW
Chris Leeseberg, Senior Planner
a. Zone Change from FAST to PUD, Case No. ZC
Reviewed by
18-05
b. Conditional Use Permit to Establish a PUD, Case
No. CU 18-15
Action Requested
Continue, by motion, the request for a Zone Change and Conditional Use Permit to the September 25,
2018, Planning Commission meeting.
Background/Discussion
The proposed River Walk project is a 103-unit apartment building located between the former Saxon
Motors site and the Elk River Lodge apartment building. The application package for this site includes a
Zone Change, Conditional Use Permit, Easement Vacation, and Simple Plat. At this time, due to the
complexity of the project and reviews/recommendations required of other governing bodies, staff
recommends continuing the Planning Commissions discussion of this project until September 25, 2018.
The Parks and Recreation Commission will meet on September 12, 2018, to discuss the request
by the applicant for the city to accept park land along the river and below the proposed apartment
site. Additionally, the applicant proposes access to the publicly owned park site to be through the
privately owned parking lot for the apartment building.
The City Council will meet on September 17, 2018, to review the Simple Plat and Easement
Vacation requests made by the applicant. Their discussion will also be informed by the Parks and
Recreation Commission’s recommendations regarding access to a potential park along the river.
The recommendations and approvals made by the governing bodies during these meetings may change
the current site plan to the point that would require additional reviews by the Planning Commission.
Additionally, items noted in the comment letter dated August 15, 2018, may require significant changes to
the site plan.
For the reasons stated above, staff recommends continuing the discussion on this item to September 25,
2018, in order for the Planning Commission to have enough information to adequately review the
proposed Zone Change and Conditional Use Permit.
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
Statutory Review Period
The applications were deemed complete on August 14, 2018. Per State Statute §15.99 the required 60-day
review period ends on October 13, 2018. If the items are continued, staff will extend the review period 60
additional days to account for increased review period, moving the required date of action to December
12, 2018.
Council Meeting
This item will go to the September 17, 2018, City Council meeting where staff will recommend
continuing the review period to October 15, 2018.
Attachments
Location Map
Applicant Narratives
Site Plans
Conceptual Sketches
Comment Letter dated August 15, 2018
Lot 1 & 2, Block 1, THE CROSSROADS
Lot 1, Block 2, THE CROSSROADS SECOND ADDITION
(TRACT B)
Property Description per Title CommitmentPrepared by Tri County Abstract and Title Guaranty, Inc.Commitment No. 107331 Rev. 2Dated Augusta 25, 2011(TRACT A)That part of Government Lot
1, of Section 3, Township 32, Range 26, Sherburne County, Minnesota, lying North of the South 830.55 feet thereof, southwesterly of State of Minnesotaright of way and west of a line
bearing North 19 degrees 58 minutes 27 seconds West from a point on the North line of said South 830.55 feet of Government Lot 1 distant 151.19 feetwest of the westerly right of way
line of U.S. Highway No. 10 as measured on an assumed bearing of West along said North line,.Subject to and together with a 66.00 foot ingress and egress easement across the following
described property: Government Lot 1 of Section 3 and the Southwest Quarter of theSouthwest Quarter of Section 2 all in Township 32, Range 26, Sherburne County, Minnesota. The center
line of said easement is described as follows: Commencing at the intersection ofthe South line of Section 2 and the Westerly right of way line of U.S. Highway No. 10; thence northerly
along said westerly right of way line, a distance of 546.28 feet; thence westerlydeflecting 90 degrees left, a distance of 33.00 feet to the beginning of said center line to be described;
thence northerly and parallel with said westerly right of way line to the north lineof the South 830.55 feet of said Government Lot 1; thence West along said north line, a distance
of 150.00 feet and said center line there terminating.The side lines of said easement are to be prolonged or shortened to terminate on a line drawn perpendicular from the points of
beginning and terminus.ANDThat part of Government Lot 1 of Section 3, Township 32, Range 26, Sherburne County, Minnesota lying North of the South 830.55 feet thereof, Southwesterly
of State of Minnesotaright of way and East of a line bearing North 19 degrees 58 minutes 27 seconds West from a point on the North line of said South 830.55 feet of Government Lot 1
distant 151.19 feetWest of the Westerly right of way line of U.S. Highway No. 10 as measured on an assumed bearing of West along said North line.Property Description per Title CommitmentPrepared
by Knight Barry Title, IncCommitment No. 710727Dated: 6/17/2006(TRACT C)Lots 1 and 2, Block 1, THE CROSSROADS, Sherburne County, Minnesota.Property Description per Title CommitmentPrepared
by Chicago Title Insurance CompanyAgent File Reference No. E-1744Dated: 9/09/2015(TRACT D)Lot 1, Block 2, THE CROSSROADS SECOND ADDITION, according to the plat thereof on file and
of record in the office of the County Recorder, Sherburne County, Minnesota.
Lot 1 & 2, Block 1, THE CROSSROADS
Lot 1, Block 2, THE CROSSROADS SECOND ADDITION
Lot 1 & 2, Block 1, THE CROSSROADS
Lot 1, Block 2, THE CROSSROADS SECOND ADDITION
(TRACT B)
Property Description per Title CommitmentPrepared by Tri County Abstract and Title Guaranty, Inc.Commitment No. 107331 Rev. 2Dated Augusta 25, 2011(TRACT A)That part of Government Lot
1, of Section 3, Township 32, Range 26, Sherburne County, Minnesota, lying North of the South 830.55 feet thereof, southwesterly of State of Minnesotaright of way and west of a line
bearing North 19 degrees 58 minutes 27 seconds West from a point on the North line of said South 830.55 feet of Government Lot 1 distant 151.19 feetwest of the westerly right of way
line of U.S. Highway No. 10 as measured on an assumed bearing of West along said North line,.Subject to and together with a 66.00 foot ingress and egress easement across the following
described property: Government Lot 1 of Section 3 and the Southwest Quarter of theSouthwest Quarter of Section 2 all in Township 32, Range 26, Sherburne County, Minnesota. The center
line of said easement is described as follows: Commencing at the intersection ofthe South line of Section 2 and the Westerly right of way line of U.S. Highway No. 10; thence northerly
along said westerly right of way line, a distance of 546.28 feet; thence westerlydeflecting 90 degrees left, a distance of 33.00 feet to the beginning of said center line to be described;
thence northerly and parallel with said westerly right of way line to the north lineof the South 830.55 feet of said Government Lot 1; thence West along said north line, a distance
of 150.00 feet and said center line there terminating.The side lines of said easement are to be prolonged or shortened to terminate on a line drawn perpendicular from the points of
beginning and terminus.ANDThat part of Government Lot 1 of Section 3, Township 32, Range 26, Sherburne County, Minnesota lying North of the South 830.55 feet thereof, Southwesterly
of State of Minnesotaright of way and East of a line bearing North 19 degrees 58 minutes 27 seconds West from a point on the North line of said South 830.55 feet of Government Lot 1
distant 151.19 feetWest of the Westerly right of way line of U.S. Highway No. 10 as measured on an assumed bearing of West along said North line.Property Description per Title CommitmentPrepared
by Knight Barry Title, IncCommitment No. 710727Dated: 6/17/2006(TRACT C)Lots 1 and 2, Block 1, THE CROSSROADS, Sherburne County, Minnesota.Property Description per Title CommitmentPrepared
by Chicago Title Insurance CompanyAgent File Reference No. E-1744Dated: 9/09/2015(TRACT D)Lot 1, Block 2, THE CROSSROADS SECOND ADDITION, according to the plat thereof on file and
of record in the office of the County Recorder, Sherburne County, Minnesota.
August 15, 201
Sun Rae Apartments, LLC
VIA EMAIL: pat@thebriggscompanies.com
Attn:Pat Briggs
dj@thebriggscompanies.com
633 Upland Ave NW, Suite C
Elk River, MN 55330
RE: Zone Change, Conditional Use Permit Application, Easement Vacation, and Plat.
Dear Applicant,
Thank you for your applications for a Zone Change (FAST to PUD), Conditional Use Permit (CUP)
to establish a PUD, a request to vacate a portion of the right-of-way for Zane Street, and a simple
plat to establish zoning approval for an apartment building near 17354 Zane St NW. Staff
conducted a thorough site plan review on August 6, 2018. Please address these comments in a
response letter and on future plans/submittals:
General Comments
1.The simple plat process requires submittal of a Final Plat rather than a preliminary plat.
Please submit a final plat.
2.The plat shows vacation of the right-of-way for Zane Street. This will need to be adjusted
based on Council action and associated public improvements (possible cul-de-sac).
3.Vacation of the Zane Street right-of-way would leave the parcel at the end of Zane Street
(Elk River Lodge and Residential Suites) without access to a public street. Ordinance
requires all parcels to have frontage on a public street. What alternatives do you propose?
4.The submitted narrative notes the desire to dedicate property along the river to the city for
the purposes of a park. The plat does not reflect the land to be dedicated. The plat will need
to be updated based on the feedback/recommendationsfrom thePark and Recreation
Commission. The meeting is tentatively scheduled for September 12, 2018.
5.Public park and recreation facilities may not be accessed through private property. Any
deviation will need approval from the City Council and acceptance of easement access
agreements.
6.Proposed private improvements, parking and stormwater, are not permitted in the public
right-of-way for Zane Street.
7.The minimum parking setback is 10’ from property lines. If the deviation is to be a part of
the PUD, please specify a setback distance. Include the proof-of-parking locations for Elk
River Lodge in site plans for this project.
8.Show tree clearing limits as well as the other side of the trees.
9.Submit a complete landscape plan for review and comment.
10.Submit a complete lighting plan for review and comment.
11.Ordinance requires 2.5 parking stalls per unit, or 258 total parking spaces. Of the required
Phone: 763.635.1000
www.ElkRiverMN.gov
parking stalls, one per unit must be covered. Plans include 206 spaces, or two per unit, and
107 covered stalls. The covered parking requirement is met, but the total requirement is not.
If proof of parking is proposed the plans must be updated to identify the locations.
12.Submit colored architecturalelevations identifying material selections and colors for all
elevations.
13.Include proposed signage on site plans and elevations.
14.Staff reserves the right to continue review of all site, grading and utility plans.
Engineering:
1.If Zane Street isvacated, additional right-of-way and construction of a cul-de-sac between
the proposed project and the former Saxon Motors will be required.
2.If Zane Street is vacated, easements will be required for all public utilities located within the
current right-of-way.
3.Drainage easements for the slope and tie-in with the parcel to the south are required.
4.Proposed lines must have standard drainage and utility easements.
5.Private sewer service should be connected to the sewer line and not tied into a manhole.
6.Elevations on the sanitary sewer system are incorrect.
7.Elk River Municipal Utilities (ERMU) desires all water piping to be DIP not C-900.
8.Show all proposed grades in dark solid lines.
9.Show parking lot contours, direction of flow and grade percentages.
10.Collect drainage from curbs in driveway located in the to-be vacated area before sending to
the public street.
11.Existing CBs on south curb line must be rebuilt. We will not allow adjusting rings to be
built up 2.5+ feet. One of the structures does not line up with curb line.
12.Proposed contours should be shown in all areas.
13.South driveway will not be allowed to drain to the public ROW.
14.Curbing shall be provided in all areas including the driveway in the to-be vacated right-of-
way area.
15.Further detail grades on the grass pave area and the entrance to it from the paved drive lane.
16.Further detail grades and slopes along the access to lower parking lot.
17.Errors in grades shown in lower lot.
18.The capacity and functionality of the existing storm water pond below bluff must be re-
established. It seems the proposed access drive is conflicting in location
19.Staff reserves the right to continue review of all site, grading and utility plans.
Stormwater:
1. Stormwater management requirements need to be met as listed in Ordinance
Sec. 78-503. - Stormwater and urban runoff control. and Sec. 78-504. - Post
construction stormwater management for proposed impervious surfaces. http://mn-\\
elkriver.civicplus.com/DocumentCenter/View/3180
2.Submit full stormwater management plan write up, must meet all city stormwater
ordinances.
3.MnDNR will follow up with comments regarding requirements for state floodplain and the
Mississippi River Wild and Scenic and Recreational requirements.
4.Submit soil borings and infiltrometer tests for all proposed infiltration basin areas.
5.Existing basin nearest the floodway at the Saxon Building needs to be shown accurately with
a noted boundary.
6.Show capacity and overflow elevations of the Saxon Building stormwater basin.
7.Show and label all EOF locations and flow paths.
8.Identify where low point of the GFE drains.
9.Submit full SWPPP with all required details.
10.Submit full MIDS report.
11.Update all rates for each drainage area and show the rates for each drainage area in a table.
Currently rate control is not being met.
12.Bold all existing storm lines so they are visible or denote with something that is visible.
13.Submit pipe sizing table for all storm sewer lines.
14.Where is the roof drainage directed?
15.CB#4 would not capture much drainage in the drive lane.
16.Show all pre-treatment for each infiltration basin.
17.Submit long term maintenance plan for all BMPS.
18.Construction cannot commence until an NPDES Permit is issued.
19.Staff reserves the right to continue review of all site, grading and utility plans.
Environmental:
1.MnDNR will follow up with comments regarding requirements for state floodplain and the
Mississippi River Wild and Scenic and Recreational requirements.
2.Section 30-2022 requires a 30 foot setback from the top-of-bluff. Move structures outside of
the setback.
3.Submitted plans showing the hardcover calculations. Sketches indicate the area inside the
building, courtyard, will have impervious surfaces.
a.If land along the river is dedicated for park use, the hardcover calculations will change.
Updated plans will be required based on park recommendations.
4.Staff reserves the right to continue review of all site, grading and utility plans.
Any additional comments provided by MnDOT or MnDNR will need to be addressed at that time.
Unaddressed comments will be included as conditions for approval. Staff reserves the right to
continue review of all site, grading and utility plans
Thank you, and please let me know if you have any questions.
Sincerely,
Zack Carlton, Planning Manager
763.635.1035