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4.1. PCSR 05-28-2019Request for Action To Item Number Planning Commission 4.1 Agenda Section Meeting Date Prepared by Public Hearings May 28, 2019 Zack Carlton, Planning Manager Item Description Reviewed by Pines at Elk River, LLC – 18461 Twin Lakes Road Chris Leeseberg, Senior Planner Reviewed by  Zone Change from Business Park (BP) to Planned Unit Development (P.U.D.), Case No. ZC 19-02  Conditional Use Permit for P.U.D., Case No. CU 19-08.  Preliminary Plat for a townhome development nd to be known as Tall Pines P.U.D. 2 Addition, Case No. P 19-04 Action Requested Recommend, by motion, approval of the zone change from Business Park to Planned Unit Development, with the following condition: 1. A PUD agreement must be approved by the City Council prior to recording the Zone Change. Recommend, by motion, approval of the Conditional Use Permit establishing a residential Planned Unit Development, with the following conditions: 1. A PUD Agreement shall be developed and signed by both parties prior to issuance of a building permit. 2. A grading permit from Sherburne County is required for work adjacent the Twin Lakes Road (CSAH 13). 3. Continue to work with the city to ensure compliance with fire lane and emergency vehicle access requirements. 4. Submit plan profile sheets and connection details for sewer and water system additions. 5. Approval of a parking diagram illustrating a minimum of 1 off-street (Public ROW) parking space per two units. 6. Update the site plan to remove all encroachments within the 25 foot wetland buffer. 7. A homeowners association must be established, subject to review and approval of the city attorney, and shall be responsible for all landscaping, snow clearing, and regular maintenance of private drives and driveways. 8. Submit an updated landscaping plan showing additional screening along the north property line. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity 9. Submit elevations of townhome exteriors which demonstrate variation in building materials. Twenty-five percent of the front building façade shall have an exterior finish of brick, stucco, or natural/artificial stone. 10. Adjacent homes shall not have the same color pallet. 11. No more than two of the same façade shall be adjacent to one another. 12. Mailboxes shall be located on the private street. Recommend, by motion, approval of the Preliminary Plat of Tall Pines Second Addition P.U.D., with the following condition: 1. Update the preliminary plat to include right-of-way dedication for a cul-de-sac on Line Ave. Background/Discussion The applicant, Roger Derrick with the Pines at Elk River, LLC, is proposing to develop a 6.33 acre parcel along Line Ave. with 30 residential townhomes on 40 foot wide lots. The project will be similar to the rd Tall Pines subdivision, also developed by Roger Derrick, just south along 183 Circle. Some units will have the option for a lookout basement. Kliever Lake Fields, West Oaks, and Miske Meadows have also included detached townhome units similar to those proposed with this project. The property is currently zoned Business Park (BP), and a zone change to support the proposed Planned Unit Development is required. Comprehensive Plan The Comprehensive Plan guides this area as Mixed Use which allows a mixture of housing, jobs and/or retail services uses within close proximity to each other. The area also provides another setting for high density residential land uses. The proposed use and rezoning to a residential PUD is supported by the Comprehensive Plan. Site Plan The 30 townhome lots are laid out along a single private street with access from the west to Line Ave. The city has plans to move forward with a cul-de-sac on Line Ave. which will require additional right-of- way from the project area. The plat should be updated to include the additional right-of-way dedication. Each home will have driveway access to a private street, and no additional access points to public rights- of-way are proposed. The proposed layout is concerning as the cul-de-sac does not support an adequate turn-around for emergency service and delivery vehicles, and there are no similar private streets in town with this many units served by a single access point to a public street. Townhome standards require one-half guest parking space per unit in an off-street parking lot or private drive. The private streets appear to provide this standard, but an exhibit demonstrating compliance must be submitted. Delineated wetlands appear on the north and south sides of the project area, and the plans show encroachment into the 45 foot minimum setback required per ordinance. The applicant has requested approval of the encroachment as part of the PUD process. A proposed drainage pond on the southeast corner of the site will be utilized for stormwater management. City ordinances also require a 45 foot minimum setback for structures around stormwater N:\\Departments\\Community Development\\Planning\\Agendas\\PC Packets\\2019\\05-28-2019\\4.1 sr Tall Pines 2nd.docx ponds to facilitate water quality best management practices. The site plan indicates encroachments for two lots, and the applicant has requested approval of the encroachment as part of the PUD process. Engineering and Utilities Properties are graded to direct runoff to the private streets, which collect stormwater via catch basins, and to the rear of the property. Stormwater collected in the streets is directed to the proposed stormwater pond. All homes will be served by city sewer and water. Landscaping The proposed landscape plan shows a number of trees along the private streets, and between the townhomes. The plan also shows the required shrubs for each townhome. Parks Park dedication will be required for 30 medium density units. Applicable Regulations Zone Change In reviewing a proposed amendment, consideration shall be given to existing conditions within the area directly and indirectly affected by the proposal, the conservation of property values, the use to which the property affected is being devoted at the time, and relevant provisions, if any, in the land use plan. The proposed use complies with the guidance provided in the land use plan. Conditional Use Permit/PUD The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. The residential use will not detrimentally affect the use and enjoyment of adjacent properties. However, the residents of the future townhomes may be impacted by the existing light manufacturing facility directly north of the subdivision. Preservation of existing vegetation and additional landscaping are recommended along the north property line to mitigate these impacts. 2. Will be consistent with the comprehensive plan. The property is guided for mixed use where residential uses are permitted. The use will be consistent with the comprehensive plan. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. Development of the narrow property immediately south of the subdivision may be impacted by the proposed subdivision. However, the property has access to Line Ave. and it is unknown what type of development will occur to the south. The property allows additional townhomes, industrial uses, and possible commercial uses. Without knowing what use may be established on the property, stubbing in a R/W connection or limiting this project may not be appropriate. N:\\Departments\\Community Development\\Planning\\Agendas\\PC Packets\\2019\\05-28-2019\\4.1 sr Tall Pines 2nd.docx 4. 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 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. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. The proposed residential use will not involve uses, activities, processes, materials, equipment, or conditions that will be detrimental to other properties. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Grading is proposed to create minimal impacts to natural areas, and the use will not result in the destruction of scenic or historic feature of major importance. 7. Will 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 conditions included in the recommendation for approval will ensure the subdivision will fully comply with all requirements of this code. Additionally, Sec 30-1564 describes the standards for establishment of a PUD district. 1. Land will be zoned into the PUD zoning district only upon approval of a concept plan for the PUD, pursuant to the procedure set forth in this section. A PUD will be authorized on land in a PUD zoning district only upon issuance of a conditional use permit, pursuant to the procedure set forth in this section. A Conditional Use Permit will be issued in accordance with the above standards. 2. The uses allowed in a PUD shall be limited to land uses consistent with the city's comprehensive plan and land use map, and to those uses identified in the concept plan for the PUD zoning district and the conditional use permit for the PUD. The Comprehensive Plan and land use map guide this area for mixed use, which includes residential uses. 3. The area of land to be included in a PUD shall be in uniform control of the applicant. The applicant will be in control of all parcels prior to recording the CUP and plat. 4. A PUD shall be designed to form a desirable unified environment within its proposed boundaries, including uniform design elements, landscaping, lighting and signage. The PUD is designed as one project with uniform design elements throughout the project area. 5. A PUD shall not cause undesirable impacts on adjacent lands and land uses. In particular, uses on the PUD perimeter shall be compatible with adjacent uses outside the PUD. Nearby land uses include single-family residential, commercial development, light manufacturing, a senior facility, and developable vacant land. All parcels are within the mixed use area guided by the Comprehensive Plan. The PUD will not cause undesirable impacts on adjacent lands and land uses. N:\\Departments\\Community Development\\Planning\\Agendas\\PC Packets\\2019\\05-28-2019\\4.1 sr Tall Pines 2nd.docx 6. A PUD shall be served by adequate transportation, water, sanitary sewer and drainage systems. The project area will be served by public services, and will not adversely impact transportation networks within the area. 7. A PUD shall not adversely affect existing or proposed parks, schools, streets or other public facilities. Existing public facilities are not impacted by the proposed project. However, the planned cul-de- sac on Line Ave. requires dedication of additional right-of-way. 8. The council may establish varied and reasonable lot area, frontage, side yard, and setback requirements for a PUD and may authorize a density which it determines to be appropriate under the circumstances. Any permitted density shall be consistent with the city's comprehensive plan and not adversely affect the public health, safety and welfare. The proposal is consistent with densities described in the Comprehensive Plan, setbacks from public rights-of-way, and design standards for similar developments within city code. 9. More than one principal building may be constructed on a lot within a PUD if authorized by the council. Unless otherwise permitted by the council, a PUD shall comply with the schedules of dimensional regulations set forth in this article, except that individual lots shall have no less than 80 percent of the minimum area for similar uses. The project does not conflict with standards described in city code. Preliminary Plat City ordinance section 30-375 outlines the required findings for approval of a Preliminary Plat. 1. The proposed subdivision is consistent with the zoning regulations (article VI of this chapter) and conforms in all respects with all requirements of this Code, including the zoning regulations and this article. The proposed subdivision requires approval of a rezoning application. Provided the zoning is amended to PUD, and recommended conditions are included, the proposed subdivision is consistent with all zoning regulations. 2. The proposed subdivision is consistent with all applicable general and specialized city, county, and regional plans, including, but not limited to, the city's comprehensive development plan. The subdivision is consistent with all applicable plans. 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and drainage are suitable for the type and density of development and uses contemplated. The physical characteristics of the site support the proposed use. Encroachments into the wetland setback and buffer can be approved through the PUD process, but staff has included a condition that encroachments closer than 25 feet from the wetland or stormwater pond are not permitted. 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation, erosion control and all other services, facilities and improvements otherwise required in this article. The subdivision includes public utilities and stormwater infrastructure that meets city requirements. Additional permits required to comply with erosion control standards are a required, and must be secured prior to building permit issuance. N:\\Departments\\Community Development\\Planning\\Agendas\\PC Packets\\2019\\05-28-2019\\4.1 sr Tall Pines 2nd.docx 5. The proposed subdivision will not cause substantial environmental damage. The subdivision will not cause substantial environmental damage. 6. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court. There are no conflicts with easements of record. 7. The proposed subdivision will not have an undue and adverse impact on the reasonable development of neighboring land. The proposed subdivision will not impact reasonable development of neighboring land. 8. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate stormwater drainage. b. Lack of adequate roads. c. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. The subdivision is not premature as the above conditions have been provided for. In reviewing the standards for approval of a Zone Change, Conditional Use Permit, Planned Unit Development, and Preliminary Plat, the proposed project meets the standards, and is recommended for approval with the outlined conditions. Financial Impact None Council Meeting If acted on, this item will go to the June 17, 2019, City Council meeting. Attachments  Location Map  Applicant’s Narrative  Site Plans and Preliminary Plat  Building Elevations and Floor Plans  Line Ave. Cul-de-Sac Plans N:\\Departments\\Community Development\\Planning\\Agendas\\PC Packets\\2019\\05-28-2019\\4.1 sr Tall Pines 2nd.docx