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9.2. SR 12-16-2019 EGty1� ,.,�� Request for Action River To Item Number Mayor and City Council 9.2 Agenda Section Meeting Date Prepared by Work Session December 16, 2019 Zack Carlton,Planning Manager Item Description Reviewed by Park Dedication Cal Portner, City Administrator Reviewed by Action Requested Receive information and provide staff with direction regarding park dedication requirements and future development projects. Background/Discussion As part of the update the Park and Recreation Parks Master Plan, our consultant recommended review of the city's Park Dedication Fee due to concerns with recent changes to the state statute governing dedication of property for public purposes. Council directed staff to review the fee and explore options for calculating the cash in lieu of land dedication. That process and methodology used to update the fee is outlined in the attached Council Packets, and the following per unit rates were added to the city's fee schedule: Low Density (<4 DU/ acre) $1,425.93/dwelling unit Medium Density (4 to <7 DU/ acre) $1,075.79/dwelling unit High Density (>7 DU/ acre) $4,897.04/dwelling unit Prior to updating the fee,park dedication for residential developments was a flat$3,712/unit regardless of density. A survey of surrounding communities found the following cash dedication rates for residential development: Park Dedication Comparisons City Residential Cash Dedication Requirement Ramsey Base cash dedication rate $3,500/unit exceed 12+ units/acre $2,775/unit exceed 20+ units/acre $2,550/unit Rogers fee for all densities $3,500/unit Otsego fee for all densities $1,968/unit Big Lake Min. fee or 10% land value $2,500/unit Monticello %of land value (appraisal) 11% St. Michael fee for all densities $3,200/unit Dayton fee for all densities $3,156/unit The Elk River Vision A 2vehoMing community 2a itb revolutionary and spirited resourcefulness, exceptional POWERED By service, and community engagement that encourages and inspires prosperity INAMIRE1 River Walk Project A conceptual 200-unit residential development on the former Saxon Motor site would require payment of a Park Dedication Fee. Previous direction from the Park and Recreation Commission and City Council called for a trail easement and cash dedication. The trail easement is not required to count as land dedication and it was not included as such during previous discussions. The cash dedication for this project would account for the 200 units and discount what has been satisfied as a commercial use. 200 units x $4,897.04— ($35,392.00 credit for commercial use) _ $944,016.00 Council may discuss accepting land to satisfy a portion of the dedication,but the Park and Recreation Commission recommendation did not include a desire for park land in the subject area,which is also consistent with the Parks Master Plan. State statute notes that only buildable land should qualify for dedication. Flood plain and steep slopes are not considered buildable land. The city attorney will review statute guidance for Park Dedication Fees and staff will review how the current fees were established. Financial Impact Adjustments to the Park Dedication Fee will impact the Park Improvement Fund. Attachments ■ City Council agenda item October 19, 2015 ■ City Council agenda item July 5, 2016 ■ Park and Recreation agenda and Minutes from November 14, 2018 ■ City Council agenda item and Minutes from February 19, 2019 N:APublic Bodies\Agenda Packets\12-16-2019\Final\9.2 sr Pork Dedication.docx /i Elk -�- Request for Action Fiver To Item Number Mayor and City Council 9.1 Agenda Section Meeting Date Prepared by Work Session October 19, 2015 Michael Hecker, Parks and Recreation Director Item Description Reviewed by Park Dedication Fees Cal Portner, City Administrator Reviewed by Action Requested Discussion of Park Dedication Ordinance language. Background/Discussion Based on City Council direction in June 2015, staff worked with HKGi to update the city's Park Dedication ordinance. This work provided includes potential approaches for the determination of Park Dedication and recommended revisions to the City Code. HKGi Planner Rita Trapp will lead a presentation with City Council on recommendations and updates to the city's Park Dedication Ordinance Financial Impact N/A Attachments ■ HKGi Update Memo on Park Dedication PV0WIAED 9T Template Updated 4/14 UREI Hoisington Koegler Group Inc. fflim To: Elk River City Council and City Staff From: Rita Trapp AICP Subject: Update on Park Dedication Study Date: October 14, 2015 As was directed at the June 15th City Council Work Session, HKGi has been working with City Staff on evaluating potential approaches for the determination of park dedication and recommended revisions to City Code Sections regarding park dedication. Park Dedication Rates Residential Dedication Rate As was identified in the initial park dedication review,the City currently has one park dedication rate for all residential densities.Given the difference in need and impact of the various types of residential development,it is recommended that the City use a graduated system for its park dedication rate.As shown in the previous PowerPoint presentation,the residential park dedication rates in other communities vary between 10%and 20%with a few outliers in some communities. The following table was developed to illustrate the amount of park land needed to serve medium and high density housing developments and the corresponding percentage of park dedication that would need to be required to meet this need.The analysis uses the National Recreation and Park Association standard of 10 acres per 1,000 people. It also assumes that medium density projects like townhomes have 2.25 people per unit and multifamily projects like apartments have 1.75 people per unit. DevelopmentDensity Acres of Dedication Type of (units per Parkland Rate People Townhome Kliever Lake Fields 17.3 4.8 83 187 1.9 11% Townhome Trout Brook Condominium 21.9 5.3 116 261 2.6 12% Townhome Woods at ER Station 34.7 8.6 298 671 6.7 19% Multi-Family Coachman Ridge 4.8 24 116 203 2 42% Staff recommends that the City establish a park dedication rate based on density ranges rather than zoning districts.This is recommended because different densities can occur within the same zoning district. The following chart shows Staff's recommendation based on the analysis and comparisons with other communities. Density7 units per Acre Park Dedication Rate Low Under 4 units/acre 10% Medium 4 to 7 units/acre 13% High More than 7 units/acre 16% 123 North Third Street,Suite 100,Minneapolis,MN 55401-1659 Ph(612)338-3800 Fx(612)338-6838 www.hkgi.com Page 2 Commercial and Industrial Dedication Rate The City currently has a park dedication rate of ten(10) percent for commercial and industrial properties.As was noted in at the June City Council Workshop,the park dedication survey HKGi completed this spring found communities had park dedication rates ranging from two(2)to ten(10) percent with half using 10%. It is recommended that the rate be maintained at 10%at this time. Method of Cash in Lieu Dedication The following table was developed to provide an overview, as well as the pros and cons of each potential method for collecting cash in lieu of a land dedication. Method Overview Set based on Use the fees set by other • Easy to implement • May not be reflective of real neighboring communities as the basis for • Ensures City is estate market communities the fee in Elk River competitive • Potential for legal challenge as does not meet state statute requirements County Assessors Use estimated market value of • Easy to identify • Lags behind marketplace so Value the land for fee collection • Generally accepted may collect too much or too method little Appraisal Study Hire an appraisal firm to • More accurate to • Study estimated to cost conduct a study evaluating the market conditions $5,000 to$15,000 depending average market value of vacant • Established fee that on the number of classes and properties by class.The study developers can be firm selected would take about 2 to 3 certain of • Potential for market lag months to complete and could depending on the frequency be paid for from park that City conducts study dedication.This would be used to set the fee amounts. Require appraisal Require that the developer • Establishes fee at • Adds time to development at time of submit an appraisal as part of exact land value process development the final platting process.Fee • Reflects each unique • Additional cost for developer collection would then be based situation —one firm estimated an on that value. appraisal to cost$2,500+for commercial/multi-family projects Sale Price of Require that the developer • Relatively simple to • May not include value gained Property provide the sale price of the implement through entitlement process property and use that value for • Sale may have occurred a fee collection. significant time ago • Potential for developers to manipulate Negotiation Require that each park • Uncertainty for • Potential to be challenging to dedication fee be agreed to developers come to an agreement through negotiation between • Starting point will still need the developer and the City. to be established • Staff time 0 Potential for legal challenge Page 3 Method Overview Pros1 Allow developer Allow developer to select • Provides more legal • Will end up with lowest to select from whether they want to use the protection as amount of park dedication options park dedication fee or submit developers have possible. Impact depends on an appraisal opportunity to select options provide. preferred option Require"higher" List multiple options and • Best potential to • Potential for legal challenge of multiple require the one with the maximize park remains if options are not options highest park dedication dedication with the based on market realities amount be selected least amount of • Adds time and cost to effort by City developer City Staff and HKGi did attempt to quantify the difference between the various methods. However,the City does not have enough example appraisals to do such a comparison. If such a comparison is desired,the City may want to consider conducting an appraisal study as was described in the third option.Such a study would cost between$5,000 and$10,000 and take two to three months to complete. City Staff has considered all of the options and recommends that the City Council use the County Assessors Value to estimated market value of the land for the collection of cash in lieu of the land dedication. Staff recommends this method as it is the easiest to administer and is generally accepted in the planning and development community. Recommended City Code Revisions Once direction is received from the City Council regarding the industrial park dedication, residential park dedication,and methodology for the cash dedication, proposed ordinance amendments will be developed.City Staff did review all of the references to park dedication to identify any additional changes needed.This review identified the following needs: 1) As shown below the section regarding the use of the cash dedication specifically references the payment of funds for trails.The City does not have a trail fee, nor does it intend to require fees for trails.Thus, it is recommended that the sentence be struck to eliminate any confusion. Sec.30-327. -Dedication of land or contribution of cash for public purpose (e) Use of cash contributions. Any monies paid to the city in lieu of park dedication shall be placed in a special fund and used only for the acquisition of land for parks, playgrounds, trails, and public open space; for the development of such areas and sites; and for debt retirement in connection with land previously acquired or developed for such public purposes. Any monies specifically paid to the city for trails shall be used only for the acquisition of land for trails and for the development of such land. 2) Currently the City Code requires that as part of the development process the Parks and Recreation Commission advise the City Council on the acquisition of land.The vision identified in the recent Parks and Recreation Master Plan is that the City will be emphasizing larger, community parks rather than smaller, neighborhood parks over the next 20 years.To support that vision, it is anticipated that more park dedication will be collected through the cash fee rather than through land acquisition. Because the Parks and Recreation Master Plan provides Page 4 clear direction regarding when park land is the preferred form of park dedication, Staff is recommending that all references requiring Parks and Recreation Commission involvement in the platting process be removed. Staff will continue to make a recommendation regarding park dedication to the City Council and will use the Park and Recreation System Master Plan as a guide. 3) As shown below,the Open Space Preservation Plats requirements include specific provisions for park dedication. Staff has reviewed that section and recommends that it be stricken.The approach for park dedication for these plats will be the same as other residential plats. Sec.30-515 (4) Park dedication fee requirements. Park dedication fee requirements shall be based upon the total number of house lots platted if fees are paid in lieu of land. Y• • I z Q J Ap L L oZS V) — Lr). QCU V • — O Z 4u ,V c N � O OVA -a c' E O, Lu U °u D Lw L r%? 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Background/Discussion Staff has been working with a number of consultants over the past six-plus months to draft an amendment to the city's park dedication ordinance. The need for the change was identified during the Parks and Recreation Master Plan project, and this update is the final component of the larger master plan. After a number of discussions with the City Council and outside consultants, the following changes to the park dedication ordinance are recommended. Residential Park Dedication The current park dedication requirements require a dedication of 10% of land, or a per unit cash dedication described in the city's fee schedule. Staff is recommending a change to both the land dedication requirement and the current fee schedule. The new residential rates are based to factors unique to Elk River, and do not rely on comparisons to peer cities generalizations. The land dedication rate is based on the average acres of park land required per resident, as described in the Parks and Recreation Master Plan, and the average household size for three residential land classes. The household size was calculated using information sourced from the latest census, and will be updated with future census data. The results are shown in the table below: Acres of land Persons per Acres of land Land Use Designation dedicated per Household dedicated per person dwelling unit Low Density Residential 0.03 X 2.82 0.0846 Medium Density Residential 0.03 X 1.80 0.0540 High Density Residential 0.03 X 1.58 0.0474 The land dedication will be based on impacts to the park system created by each new dwelling unit,rather than a flat 10% dedication rate. POWERED 6T AR The cash dedication fee is established by multiplying the land dedication and the fair market value of the land. The fair market value for the current update was established with an appraisal study from Patchin, Messner,Dodd, & Brumm. The study identified the average fair market value of three residential land classes in communities similar to Elk River. The fee, as included in the fee schedule,is described below: Low Density (<4 DU/ acre) 1,425.93/dwelling unit Medium Density (4 to <7 DU/ acre) $1,075.79/dwelling unit High Density (>7 DU/ acre) 4,897.04/dwelling unit The appraisal study will be completed every five years, or as market conditions warrant, to ensure consistent application of a fair land valuation. Specialized Housing Uses Staff recognizes and anticipates an increase in the development of facilities providing 24/7 care, such as assisted living, nursing, or memory care facilities, and that the park dedication impacts resulting from these facilities are not the same as other housing types. Staff views these types of facilities similar to commercial (service) or office uses, and recommends using the commercial dedication rates for these facilities. The dedication rate for facilities with a mix of independent and 24/7 care units will dedicate the proportionate share of the different uses. The same practice will be applied to other mixed-use facilities, commercial and residential uses for example. Commercial and Industrial Uses Current land dedication rates for commercial and industrial rates utilize a flat 10% rate, and cash rates are established annually in the fee schedule. The current proposal modifies both rates and is tied to the county assessed value of the property. Commercial and office uses will dedicate 8% of the buildable land, or 8% of the county assessed value of the property. Industrial uses will dedicate 6% of the buildable land, or 6% of the county assessed value of the property. The fee, as included in the fee schedule,is described below: Commercial 8% of county assessed value Industrial 6% of county assessed value Financial Impact The proposed changes to the cash dedication rate will result in an overall decrease in the total amount of money collected. The goal of this update is to be in compliance with state statute, and reviews by the City Attorney and others show that this goal has been met. Attachments Ordinance Amendment for Section 30-327 —Redlined Copy Ordinance Amendment for Section 30-327 — Clean Copy Residential Park Dedication Calculations N:APublic Bodies\Agenda Packets\07-05-2016\Final\7.1 sr Pork Dedication.docx i to be removed Underlines to be added City ofElk -m"' - River Ordinance 16 - An Ordinance Amending Section, 30-327, Dedication of Land or Contribution of Cash for Public Purpose of the City of Elk River, Minnesota, City Code The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That 30-327, Dedication of land or contribution of cash for public purpose of the City of Elk River Code of Ordinances shall be amended to read as follows: a) Dedications forpark purposes required. In every plat,replat of subdivision of land to be developed for residential, commercial, or industrial uses, or as a planned unit development which includes such uses or any combination thereof,it is reasonable to require that an amount of land to tefi percefi+ of the tmdeveloped land proposed to be shall be set aside and dedicated by the tract owner or owners to the city for parks, playgrounds, trails, or public open space. The amount of land that shall be dedicated shall be in accordance with the following standards: 1) Residential uses a) The amount of land to be dedicated shall satisfy the parkland standard of 0.03 acres per person as established, and as may be amended, in the Park and Recreation System Plan. The total amount of land to be dedicated shall be calculated by multiplying the proposed number of dwelling units in each land use designation by the required acres of land to be dedicated per dwelling unit as shown below. The acres of land dedicated per dwelling unit has been determined by multipling the parkland standard of 0.03 acres per person by the number of persons per dwelling unit, as determined by analyzing the most recent census data specific to the City of Elk River. Acres of land Acres of land Land Use dedicated per Persons per dedicated per Designatio person Household dwelling unit Low Density Residential 0.03 X 2.82 0.0846 Medium Densi 0.03 X 1.80 0.0540 Residential High Densi 0.03 X 1.58 0.0474 Residential P a N E R E R R Y Last Updated March 2014 litm§AfVR to be removed Underlines to be added b) Specialized Housing Uses 1. Facilities providing 24 hour a day/7 day a week care, such as assisted living or nursing home facilities, shall be subject to park dedication requirements equivalent to commercial uses. 2. Facilities with a combination of senior independent living and 24/7 care shall make the required dedication based on the number of units designated for each type of use. Commercial and industrial uses -the amount of land to be dedicated shall be a percentage of the buildable land proposed to be subdivided. The percentage to be dedicated shall be eight percent for commercial and office uses and six (6) percent for industrial uses. Mixed uses -the amount of land to be dedicated shall be calculated based on the percentage of land area devoted to each use, except in the case of mixed use projects within the same building where the amount of land to be dedicated shall be calculated based on the percentage of square feet devoted to each use. b) Gffh eontyibntion in&u of land dedication. if the city couticil,in its sole discretion, deteifnines tha the land proposed to be dedicated is unsuitable for parks, then the"act owner shAll contribute to the city,in liett of park land dedication, an amount of cash not to exceed the fai market value of the undeveloped land required to be dedicated, as the city Council sh deteftnine by reso dtioti from bl Cash contribution in lieu of land dedication. If the city council,in its sole discretion, determines that all or a portion of the land proposed to be dedicated is unsuitable for parks, then the tract owner shall contribute to the city prior to releasing the final subdivision,in lieu of park land dedication, a cash contribution proportionate to the fair market value of the land, and set forth in the city's fee schedule. If the applicant disputes the amount of the proposed cash contribution in lieu of the land dedication, the applicant, at their own expense,may obtain an appraisal of the property. The appraisal shall be made by approved members of the MAI, or equivalent real estate appraisal societies. If the city disputes such appraisal the city may, at the applicant's expense, obtain an appraisal of the property aqualified real estate appraisal. c) Refilatkd n-si&nM4pmfietft. Previously platted residetitial property on which park dedication has not beeft received by,the city-,bei,19 replatted with the same immber of lots aiid the satn number of dweffing untits, sha-R be exempt frotn A park land dedicatio., if the- made based on the number of additional lots or the number of additional dwelli -.- i" I. c) Buildable land. For the purposes of calculating the required dedication described in this section, shall be defined as the gross acres less the area of wetlands, lakes, and streams below the OHWL. P 0 w I R I D R1' Last Updated March 2014 litm§AfVR to be removed Underlines to be added d) Riyh amed eomwirial or indffs-hit yVeitv. Prior platted comme rcial and industfial land on which park dedieatiofi has not been received by the city,being replatted with the same land area, shaR be exempt from a4l park dedication requiremeffts. if laiad area is being added P-1-ttsly recorded plat, then additional park dedicatioia requirements sha4l be based on th-e dl Beplatted property. Previously subdivided property from which a park dedication has been received, being re-subdivided with the same number of lots, is exempt from park dedication requirements. I£ as a result of re-subdividing the property, the number of lots is increased, then the park dedication or per-lot cash fee must apply only to the net increase of lots. e) Use of casb contributions. Any monies paid to the city in lieu of park dedication shall be placed in a special fund and used only for the acquisition and development or improvement of land for parks, recreational facilities, playgrounds, trails, wetlands, or open space; for the develepmerrt based on the approved park systems plan. Cash payments must not be used for ongoing operation or maintenance of such areas fid sites. and for debt refir,.metit tn cofineefto with lafid previously acquired or developed for such public pttToses. Afty monties specifica4ly paid to the city for parks, recreational facilities, playgrounds, trails, I . * Ofl of lafid for trails and for the development of such lafi wetlands, or open space. Deteymbiation t F*-mayAet Palue of nd For pttToses of this section,the term "fair market vaItte of the undeveloped land" is defined as the fair ffiarket value of the land within such plat replat, or subdivision as of the date the plat, replat, or subdivisiofi is presented to the city cottficil for approval of the final plat, as deten=nified by the city ifi the same fnanfler as the county assessor deteffnifies the fiair market value of lafid for tax puToses. fg)Dedications for purposes otber than parks. In addition, in every plat, replat, or subdivision of land, the land required for public streets, regional stormwater holding ponds and wetlands shall be set aside and dedicated on the plat subdivision by the owners to the city for these purposes. These areas will not be credited towards park dedication requirements. gh)Giteria for determining suitability of land. The suitability of land proposed to be dedicated for park and recreational purposes shall be determined by reference to the following criteria: 1) Whether the land is reasonably located and suited for its intended use. 2) Whether the land has frontage on public or private roads as determined by the city. 3) Size, shape,topography,geology,hydrology, tree cover, access, and location. 4) Consistency with the goals and objectives of the master park and recreation plan. hi)Improvements to dedicated land. As part of the subdivision or plat approval, the tract owner shall be responsible for making certain improvements to land dedicated for park, trail and public open space purposes,including, but not limited to, finish grading, ground cover, construction of trails and clearly identifying park and trail boundaries with city-approved markers. P a N E R E R R Y Last Updated March 2014 litm§AfVR to be removed Underlines to be added ij) Credit for construction of recreational facilities. Park dedication credit shall not be granted for the construction of recreational facilities unless specifically approved by the city council. The submission for review by staff and the park and recreation commission shall include an estimate of installation costs, equipment specifications and a site plan. The park and recreation commission shall review such improvements for appropriateness with the park and trail master plan. k) Consultation by developer witb city staff. As part of the application procedure at the time of submitting the subdivision, the tract owner is encouraged to confer with city staff and the park and recreation commission to secure a recommendation as to the location of any property that should be dedicated to the public for park and recreation purposes. kl) Survey required. As part of any park dedication of land, a survey at a scale of one inch equals 50 feet shall be provided with topographic data, based on city datum,including contours at vertical intervals of at least two feet,watercourses,wetlands,marshes,rock outcrops, easements,utilities and vegetative data. This data shall also be provided in a format which is readable by Arc View` GIS. Portions of any property dedicated to the public for park and recreation purposes to be used for borrow and fill activities elsewhere in the development shall be clearly identified. SECTION 2. 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 5th day of July, 2016. John J. Dietz,Mayor ATTEST: Tina Allard, City Clerk AVR Last Updated March 2014 jStfikethfoughs to be removed Underlines to be added City of Elk -- River Ordinance 16 - An Ordinance Amending Section, 30-327, Dedication of Land or Contribution of Cash for Public Purpose of the City of Elk River, Minnesota, City Code The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That § 30-327, Dedication of land or contribution of cash for public purpose of the City of Elk River Code of Ordinances shall be amended to read as follows: a) Dedications for park purposes required. In every subdivision of land to be developed for residential, commercial, or industrial uses, or as a planned unit development which includes such uses or any combination thereof,it is reasonable to require that an amount of land shall be set aside and dedicated by the tract owner or owners to the city for parks,playgrounds, trails, or public open space. The amount of land that shall be dedicated shall be in accordance with the following standards: 1) Residential uses a) The amount of land to be dedicated shall satisfy the parkland standard of 0.03 acres per person as established, and as may be amended, in the Park and Recreation System Plan. The total amount of land to be dedicated shall be calculated by multiplying the proposed number of dwelling units in each land use designation by the required acres of land to be dedicated per dwelling unit as shown below. The acres of land dedicated per dwelling unit has been determined by multiplying the parkland standard of 0.03 acres per person by the number of persons per dwelling unit, as determined by analyzing the most recent census data specific to the City of Elk River. Acres of land Acres of land Land Use dedicated per Persons per dedicated per Designation person Household dwelling unit Low Density 0.03 X 2.82 0.0846 Residential Medium Densi 0.03 X 1.80 0.0540 Residential High Densi 0.03 X 1.58 0.0474 Residential b) Specialized Housing Uses 1. Facilities providing 24 hour a day/7 day a week care, such as assisted living or nursing home facilities, shall be subject to park dedication requirements equivalent to commercial uses. URE Last Updated il7asch 2014 INATJ Stfikethfoughs to be removed Underlines to be added 2. Facilities with a combination of senior independent living and 24/7 care shall make the required dedication based on the number of units designated for each type of use. 2) Commercial and industrial uses — the amount of land to be dedicated shall be a percentage of the buildable land proposed to be subdivided. The percentage to be dedicated shall be eight (8) percent for commercial and office uses and six (6) percent for industrial uses. 3) Mixed uses — the amount of land to be dedicated shall be calculated based on the percentage of land area devoted to each use, except in the case of mixed use projects within the same building where the amount of land to be dedicated shall be calculated based on the percentage of square feet devoted to each use. b) Cash contribution in lieu of land dedication. If the city council,in its sole discretion, determines that all or a portion of the land proposed to be dedicated is unsuitable for parks, then the tract owner shall contribute to the city prior to releasing the final subdivision, in lieu of park land dedication, a cash contribution proportionate to the fair market value of the land, and set forth in the city's fee schedule. If the applicant disputes the amount of the proposed cash contribution in lieu of the land dedication, the applicant, at their own expense, may obtain an appraisal of the property. The appraisal shall be made by approved members of the MAI, or equivalent real estate appraisal societies. If the city disputes such appraisal the city may, at the applicant's expense, obtain an appraisal of the property by a qualified real estate appraisal. c) Buildable land, for the purposes of calculating the required dedication described in this section, shall be defined as the gross acres less the area of wetlands, lakes, and streams below the OHWL. d) Previously subdivided property from which a park dedication has been received, being re- subdivided with the same number of lots, is exempt from park dedication requirements. If, as a result of re-subdividing the property, the number of lots is increased, then the park dedication or per-lot cash fee must apply only to the net increase of lots. e) Use of cash contributions. Any monies paid to the city in lieu of park dedication shall be placed in a special fund and used only forthe acquisition and development or improvement of parks, recreational facilities, playgrounds, trails, wetlands, or open space based on the approved park systems plan. Cash payments must not be used for ongoing operation or maintenance of parks, recreational facilities, playgrounds, trails, wetlands, or open space f) Dedications for purposes other than parks. In addition, in every subdivision of land, the land required for public streets, regional stormwater holding ponds and wetlands shall be set aside and dedicated in the subdivision by the owners to the city for these purposes. These areas will not be credited towards park dedication requirements. g) Criteria for determining suitability of land. The suitability of land proposed to be dedicated for park and recreational purposes shall be determined by reference to the following criteria: 1) Whether the land is reasonably located and suited for its intended use. 2) Whether the land has frontage on public or private roads as determined by the city. 3) Size, shape, topography,geology,hydrology, tree cover, access, and location. 4) Consistency with the goals and objectives of the master park and recreation plan. URE Last Updated il7asch 2014 INATJ Stfikethfoughs to be removed Underlines to be added h) Improvements to dedicated land. As part of the subdivision approval, the tract owner shall be responsible for making certain improvements to land dedicated for park, trail and public open space purposes,including, but not limited to, finish grading, ground cover, construction of trails and clearly identifying park and trail boundaries with city-approved markers. i) Credit for construction of recreational facilities. Park dedication credit shall not be granted for the construction of recreational facilities unless specifically approved by the city council. The submission for review by staff and the park and recreation commission shall include an estimate of installation costs, equipment specifications and a site plan. The park and recreation commission shall review such improvements for appropriateness with the park and trail master plan. j) Consultation by developer with city staff. As part of the application procedure at the time of submitting the subdivision, the tract owner is encouraged to confer with city staff and the park and recreation commission to secure a recommendation as to the location of any property that should be dedicated to the public for park and recreation purposes. k) Survey required. As part of any park dedication of land, a survey at a scale of one inch equals 50 feet shall be provided with topographic data, based on city datum,including contours at vertical intervals of at least two feet,watercourses,wetlands, marshes, rock outcrops, easements, utilities and vegetative data. This data shall also be provided in a format which is readable by Arc ViewT"' GIS. Portions of any property dedicated to the public for park and recreation purposes to be used for borrow and fill activities elsewhere in the development shall be clearly identified. SECTION 2. 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 5th day of July, 2016. John J. Dietz,Mayor ATTEST: Tina Allard, City Clerk URE Last Updated il7asch 2014 INATJ Park Dedication Calculation Assumptions for Park Dedication 2.82, 1.80, and 1.58 Average Household size for City of Elk River(based on 2014 ACS Data) 0.03 Acres of park land per resident as identified by Parks and Rec Master Plan 16,855.00 Mean per acre value of low density residential land established by appraisal study 19,922.00 Mean per acre value of medium density residential land established by appraisal study 103,313.00 Mean per acre value of high density residential land established by appraisal study Land dedication required low density 2.82 x 0.03 0.0846 acres of land per residential unit med density 1.80 x 0.03 0.054 acres of land per residential unit high density 1.58 x 0.03 0.0474 acres of land per residential unit Cash dedication required low density 0.0846 x $ 16,855.00 = $ 1,425.93 cash dedication per residential unit med density 0.0540 x $ 19,922.00 = $ 1,075.79 cash dedication per residential unit high density 0.0474 x $ 103,313.00 = $ 4,897.04 cash dedication per residential unit ilk Request for Action River To Item Number Parks and Recreation Commission 15.1 Agenda Section Meeting Date Prepared by Action Item November 14,2018 Chris Leeseberg, Senior Planner Item Description Reviewed by River Walk Apartment-Park Dedication Steve Benoit,Recreation Manager Reviewed by Michael Hecker,Parks and Recreation Director Action Requested Recommend,by motion,park dedication be paid in the form of cash for the number of units approved by the City Council at the rate applicable when the subdivision is released for recording. (This will be $4,897.04/unit at the 2018 high density rate) And a 50-foot trail easement from under the Highway 101 bridge to the southern property line of the site shall be provided. The majority of the easement shall be located above and along the bluff line. Background/Discussion The subject property is located on Zane Street along the 174th Avenue alignment (see red dot on Figure 1). It is between the previous Saxon site and the Lodge (apartments). The applicant has not provided the proposed park land acreage. It is guessed to be approximately 12 acres in size. CR 33 The Parks and Recreation Master Plan The Parks and Recreation Master Plan indicates adding or protecting prairie bluff lands that offer river views,as the opportunity arises in this area. RR The land the applicant is proposing to donate,in lieu of park Hwy Io dedication,is below the bluff line and much of it is in the floodplain CR Ii (unbuildable). The limited areas that are not in floodplain are on steep slopes. Park Dedication- Cash The submitted drawings for the September 12,2018,Parks and Recreation meeting had 103 units. This would require$504,395.12 '0,Q 9 in park dedication. This is calculated with the high density rate of $4,897.04/dwelling unit. Figure I The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional o II E A E A 1 ► service, and community engagement that encourages and inspires prosperity NATURE Park Dedication-Land The submitted drawings for the September 12,2018,Parks and Recreation meeting had 103 units. This would require 4.88 acres of land. This is calculated with the high density rate of 0.0474 acres/dwelling unit. Section 30-327 (c) states:Buildable land. For the purposes of calculating the required dedication described in this section, shall be defined as the gross acres less the area of wetlands,lakes,and streams below the OHWL.. The land can be donated but cannot be calculated toward required dedication. Master Trail Plan The Master Trail Plan shows a conceptual connection in this area. The location is not definitive and could occur on a sidewalk or above the bluff line providing river views,achieving the goals of the Master Plan in this area. Parking Lot It is unclear if the proposed driveway to the parking lot is feasible. Further detail on the grades in the area will be needed. The DNR memo discusses this further. The slopes will also need to be evaluated for ADA compliance before the proposed public park was obtained. ADA slopes are more restrictive that those for vehicles. Environmental The applicant states in their narrative about working together to provide walkable paths,canoe racks, fishing docks,and bathroom facilities. The attached memo from the Environmental Coordinator&Stormwater Coordinator begins to discuss the complexities of what can/cannot be completed in proposed park area. The DNR memo discusses this further. Parks and Recreation Commission Meeting The Parks and Recreation Commission reviewed the project for park dedication requirements during their September 12,2018,regular meeting. They recommend a cash donation equal to the number of units within the apartment building and a 50-foot trail easement from under the Highway 101 bridge to the southern property line of the site. The majority of the easement shall be located above and along the bluff line. The Commission had no interest in receiving any park land in the subject area. Attachments ■ Location Map ■ Site Plan ■ Schematic Rendering ■ Memo from the Environmental Coordinator&Stormwater Coordinator dated September 6,2018 ■ Memo from the DNR dated August 31,2018 +' t , � �"• � ., s l 4-. �rc�p •fes �� •. V �ne:�cAMk;�_�� ,fk�. �"�r�y/ , off C%4 LO LO LO wk }� f • n- D W U U N +�► \ _ 0.1 Nil 1 bf b.0 n � o c a o I N r O Q d'r s 4-` N W i--1 � U h.. 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I _ I 1 _� �I :� �_ F_ 1. �� _,� i. � � City of Elk River Memorandum To: Parks and Recreation Commission From: Amanda Bednar,Environmental Coordinator&Brandon Wisner,Stormwater Coordinator Date: September 6,2018 Subject: Riverwalk Apartments shoreland and floodplain information The proposed parking lot,driveway and park location on the River Walk Apartments is located along the Mississippi River and very near to floodplain and wetland areas. Locating a parking lot at or near the 100 year flood elevation could require meeting Sec. 30-1913 paragraph 5 and Sec. 30- 1914 conditional uses of the city code.Vehicles could also be viewed as equipment that is flammable, explosive or potentially hazardous to humans,animals or plant communities especially near the floodplain area. Additionally there are concerns in relation to the bluff area. The driveway and roadway would require significant grading and manipulation to establish those structures. This would also cause erosion issues and destabilize the bluff,altering stormwater runoff. City code requires all structures including roads,parking lots and park structures be 30 feet from the top of the bluff. Stairways and landings are the only items exempt from the bluff and top of bluff setbacks. Stairways and lifts are the preferred alternative to driveways in accessing land below the bluff and steep slopes. Specific requirements for such access are outlined in the city code. Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Limited clearing is allowed to provide view of the water,stairways or landings,picnic areas or access paths.Walking paths and park amenities may be permitted in this area. Roads, driveways, and parking areas shall meet structure setbacks and shall not be placed within bluff and shore impact zones. Documentation shall be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters. Public and private roads and parking areas shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. All plans would also require review and possible permits from the Department of Natural Resources. M1DEPARTMENT OF Ecological and Water Resources Division NATURAL RESOURCES 1035 S Benton Dr. Sauk Rapids, MN 56379 August 31, 2018 City of Elk River Planning Commission 13065 Orono Parkway Elk River MN 55330 RE: MISSISSIPPI RIVER DEVELOPMENT CUP for PID#75-521-0110 and 75-521-0120 Dear City of Elk River Planning Commission, I have reviewed the submitted plans for a CUP to construct a multi-family development unit along the Mississippi River, I have found the following issues. The construction plans do not show the height of the building but the plans do show that the building will be a 4 story building. I do not know if this building will meet the height restriction of 30 feet per Sec 30-2022 (c). A Height greater than 30 feet could alter the scenic, historical, natural value that was outlined in Minnesota Statute 103F.315.Typically 4 story buildings are a greater height then 30 feet. The location of the building along with subsequent water retention ponds and other infrastructure could destabilize the bluff. The location of the retention pond is of concern as it will be placing head pressure on the side slopes of the pond along with more water being placed in the pore spaces of the soil in this location which could destabilize the bluff.The retention pond plans show that they removing what appears to be the top of the bluff. I would advise having the applicant change the placement of the retention pond to the side of the building and further away from the bluff. In addition to the above mentioned structures, placing a parking lot at the 100 year flood elevation or slightly above could require the applicant to meet sec 30-1913 paragraph 5. Vehicles could be viewed as equipment that is flammable, explosive or potentially injurious to humans, animals or plant life. This would require a plan approved by the city council. In addition to the floodplain concern placing a driveway/roadway on the bluff is not recommended due to the level of grading and manipulation required to establish said driveway/road. This could also cause erosional issues and destabilize the bluff from having a smooth surface for the water run long which would increase the velocity of this runoff. Since this is a semi-public space there are safety concerns for vehicle and pedestrian traffic due to the slope. Creating a parking lot in this location could also conflict with you clearcutting code. Sincerely, James Bedell Area Hydrologist 11035 S Benton Dr. Sauk Rapids, MN 53379 1 (320)223-7850 james.bedell@state.mn.us Minnesota Department of Natural Resources • Division of Ecological and Water Resources 800 Oak Savanna Ln. SW Cambridge MN 55008 CC: Tim Crocker DNR EWR Region 3 North District Manager Dan Petrik DNR EWR Land Use Specialist Ceil Strauss DNR EWR Floodplain Hydrologist Minnesota Department of Natural Resources • Division of Ecological and Water Resources 1035 S Benton Dr. Sauk Rapids, MN 56379 Cityof IMeeting of the Elk River Parks and lk OMWAO-1 Recreation Commission Rive, r Held at the Elk River City Hall Wednesday, November 14, 2018 Members Present: Chair Anderson,Commission members Ahlness, Holmgren,Niziolek, Rathbun, Soltvedt,and Williams Council Liaison: Mr. Olsen Staff Present: Parks and Recreation Director,Michael Hecker,Recreation Manager Steve Benoit,Parks Superintendent Tim Sevcik, Senior Planner Chris Leeseberg, Recreation Coordinator Tonya Love, and Recreation Assistant Dawn Larson Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River Parks and Recreation Commission was called to order at 6:30 p.m. by Chair Anderson. 2. Consider I 1/14/18 Agenda Moved by Commissioner Ahlness and seconded by Commissioner Soltvedt to approve the November 14,2018, Parks and Recreation Commission meeting agenda. Motion carried 7-0. 3.1 Consider 10/3/18 Regular PRC Minutes Commissioner Ahlness requested the following change to Item 7.1;change Commissioner Ahlness to Commissioner Rathbun for being on the Woodland Trails Regional Park Committee. Moved by Commissioner Niziolek and seconded by Commissioner Williams to approve the following October 3,2018 Parks and Recreation Commission Minutes with the suggested changes. Motion carried 7-0. 4. Open Forum - None 5 Riverwalk Apartment Park Concept Mr.Leeseberg presented his staff report. Chair Anderson asked for clarification on what the different colored boundaries meant on the floodplain map. Mr.Leeseberg explained it was required setbacks. Mr.Leeseberg also explained that the map that the Commission had seen two months prior Parks&Recreation Commission Minutes Page 2 November 14,2018 ----------------------------- did not have the current map's additional building with 67 units on the other side of the proposed storage facility. Chair Anderson asked the Commission if the request could be approved next month or if it had to be this month considering the change of plans and additional apartment units. Also asking if the new information presented would change the Commissions point of view from the general consensus by the Commission at the September 12,2018 meeting to receive cash dedication for the property. Dan Anderson,Briggs Companies, stated that the process does not make or break the project of having park dedication and it is expected to have that. Their biggest concern is regarding the transient action in the area with 28-30 reports a month to the police department. The vandalism is over the top and damage is overwhelming. Issue is more about when we put people there that they are safe, creating a safe environment for them. The commission discussed the proposed drive to the western portion of the property but ultimately decided not to provide input on it as they recommended only cash dedication. They discussed the need for a trail easement running north and south along the bluff line and how to access this easement from Zane Street. The commission also had a discussion on the need for a future location of a boat landing (once Babcock closes) and did not think this property was a good location. They agreed the city should focus on an area further south near the proximity of the proposed interchange of 167th Avenue and Highway 169. Moved by Commissioner Niziolek and seconded by Commissioner Rathbun to accept staff recommendation of park dedication to be paid in the form of cash for the number of units approved by the City Council at the rate applicable when the subdivision is released for recording. (This will be $4,897.02/unit at the 2018 high density rate)A 50- foot trail easement from under Highway 101 Bridge to the southern property line of the site shall be provided with the majority of the easement being located above and along the bluff line. The final location shall be approved by city staff. Adding that a 30-foot wide trail easement, connecting the 50-foot easement to Zane Street, shall be provided. Motion carried 7-0. 6. Discussion Items— None FIVEREI Ir NA WRE /i Elk -�- Request for Action Fiver To Item Number Mayor and City Council 7.5 Agenda Section Meeting Date Prepared by Public Hearinj lFebruary19, 2019 Zack Carlton,Planning Manager Item Description Reviewed by River Walk Apartments - 17354 Zane Street NW Chris Leeseberg, Senior Planner A. Right-of-way Vacation: Zane Street NW Reviewed by B. Simple Plat: River Walk Cal Portner, City Administrator C. Zone Change to PUD D. Conditional Use Permit for PUD Action Requested A. Continue, by motion,the request to vacate a portion of the Zane Street Right-of-Way to the March 18, 2019, Council meeting. B. Continue, by motion,the request for approval of a Simple Plat to the March 18, 2019, Council meeting. C. Continue, by motion,the request for approval of a Zone Change to the April 15, 2019, Council meeting. D. Continue, by motion,the request for approval of a Conditional Use Permit establishing a Planned Unit Development to the April 15, 2019, Council meeting. Background/Discussion The applicant submitted updated plans on February 14, 2019, - which include a cul-de-sac and work to address some of the " CR 33 comments from staff s comment letter dated January 14, 2019, and the feedback from the January 22, 2019,work session. 3 Park Dedication The updated plan includes a 15-foot trail easement along the RR north edge of the project,but does not reflect the direction given by the Parks and Recreation Commission on November 14, Hy 10 2018. Prior to the motion to continue,the applicant would like to CR 12 discuss the park dedication and trail easement recommendations as they further refine the plans. A representative from the Parks • Commission will be at the meeting. The applicant has also submitted a written extension request for all four of the applications associated with project. The extension 9 pushes the last date for a decision by the City Council to April 17, 2019. The Elk River Vision Figure A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity P o w E A E o e r IN'Af Statutory Review Period The applicant extended the review period,by written request, to April 17, 2019. Attachments ■ Updated Plans received February 14, 2019 ■ Park and Recreation Commission Minutes from November 14, 2018 ■ Written Extension Request to April 17, 2019 ■ Staff Comment Letter dated January 14, 2019 N:\Public Bodies\Agenda Packets\02-19-2019\Final\x7.5 sr River Walk Apartments 2-19-2019.docx n epldea mas 0�� S31NVdW00 S001218 daH1 NVId SNOl .1 NIlSI o X3J V10S3NNIW '?J3AI Nn3 CJ " sNolsln3a S1dV VZV�d 2�AA �R 711VMb3n1�J z zo a— w�� >00 � O J O 0, 0 CO) c�QQOZ �az �O 0 O Way m zs w`O 00— o�o�� Q�z sae m QZVH; OHO W �0CD a oa�ao 0wJ� Z U w z�w0� g�wz O o W O V O> o o Z v o QO > F Q V(n U r L� a �� Oz�Qw QS>Z O�w s-�� Q V U1 4r- BOJ wYQ }aUQ O�wIUi H Z >U F T U �O UOw ZF,FM zQ FQQw� ��~o a0 c M>-0 X X zw0 d 0 J V O w w W N W O W Q w U==O W N K H Z J H H Z Q dWZJ OQ J w Z O.Z J W W H m� QQQUO QOOv) 10 2y I �L JI CJ I I I I I I I = I I j U II II II II �C d l l II I --_ I I I I I I I I Q i o I III x4 a - y I I $ I H w I I 1=: I I I - .1 • I v'I i -------� li I 0 m �l -- ---- w Wit_________________ w_�wjlsslppl w— M ss R I E 3� RIv O 3 w gpLdea mas 0�� S31NVdW0O S001218 �H1 Inez-avz-oze axe m3Ln3a ulo aid sl cl z NVId ),inil(1 aO� aeon�eaggq NEVIS o Vt w a3 Mo a3a sl Lz I tJNH 311S V10S3NNIW '?J3nI N�3 I M31n3a Alli aid 9L bL Zl U " sNolsln3a S1dV VZVTd 2�All �R >IIVMb3n1�J X z v a pZ a- O W�J >00 ~ J 0 U 0J0 0 0 0 V� l ww Z �aQ0 1ao W m T OpH li = mN��ro o� o �Qwz �o o m sae 0] jUHoaN =910 IQiva Q 'O aw w M �ti Lu L6 p z Q a o¢�ao z W _ao O Z a a v G S Q Y J a U o j OOo O 00 Q W 3�n o'er N� H'<- O ocn 1=Q (n U r Lo0 p (n N- ? ° Q Q >Z U I Z (n �ac� s—�0 >> Q rnw ti U 0 > � �� >�oza aUJ zln�� z w z HZcnrU F1W .0 Oz w Ui zOz� UUW z¢ d -Wo z ZFOHm �O}a. 0Oa ao Z H Q Q Z ~p W p (n aQ U L>j�O zWUCc Ow d 0 X X J V O W W¢ 'm W W O W Q W U==p O W N K H Z J H H Z d Q dpZJ Q J W Z O.Z J W W H X K aQQUO aoo( W d z N M a NO — / I h as l09 � gom^o Ig- a- = z� I I rc F q S I I w II55 I a mII�W � / I I a c3 Un � I I I -wV II � I ffix II II � 3� I I II i — -- �— — —�_�-- _---- -------- - - ms I oo ro oo� `zwoxm foo psYz, y z �was� aami 0 sl W _________________ �sIS RpI w f M IV E p p it O O 3 � I ao n'ewaea mas DmElameff« S31NVdW00 5001218 dH1 as eBz_g _02E NVId lOaNOJ o1 (V Q IS m3 aanii aid el cl z NOISO?J3 VONItJd210 V10S3NNIW '?J3nI >MN M31n3a Alli aid 9l bL Zl U sNoisin3a S1dV VZV�d 2�AA V 711VMbIAI�J w z a G o w�� >00 zr �v o QQx� oQz a z Ss w mom w oo- A p a zoo"< o a pw�w� aln-��w aQz z- zQo H 3 V Z Q w F O W O W w0 wl- Y Q W Z W O�� O�QZ� QQ�Q O W wm OO]t= Z < x W<w m(n U O V jy0� Z O(xn= w O v'aaa �o ww Zw Z wm.rr�o ox�gF zoz �w �i 'z�}tY\lwr QwWx oaQ W woZ NZW wYV r�VQ W'imm Z, Q- �owmQa ~ QQZ O Ov ,m --w ` W o 0 oQoowowwimiowZ o In JQZMM luap roa Z,W—n< QZ, &<, 0Z �v mw O a o�OQo omKaUoz�ooz�Qcn}Zw- Qam,N _ -noo OCV o �op 0 zzQ O� > �wQHP7QU.Oow oQ VW-,)Z� JUw� Uw OG OO L.iQZH QZpwO> WQFQ1�Om OaSm-,ow >� Z� U[Y �p Z�UIgw OQ QQ �z> W�ZwZ�KwKw wO N WO o��WQmwoNQ� wzwZxod a�o�wnZo_vrQ..JZ O?�rbwwo�wUam "ZooZazo aZ�QOaOwa~QQzow��Q}wOa�oa�>JzZOQw�oQ��Oo�d~i�w�wviQZ��NzYaowo�o~xm�ZwZ 4a�`�doQ�wQ��OZwz��QW ,aainw H UQ DoZo �a iaa � � zzFom "� w � o� 1rzo > zo > ¢ Qomx�> owaZow>oazzzQZoza Z oxxo Qz > "" Q0oa�wJwZUllO OUaw0ro>�OU <HHZ WI<aZoo pw QQooov ED 0 o W 6 i mw 4\ w g 5§ 9 v g i SSe z yg9 3 q w� 1 i o� gom& as a v 1 - ASQ / - I e xx • — �N II a a sa w� � � _ •• " �arcam w RE --_ _------ti -------------- , ------- ---as- // City of Meeting of the Elk River Parks and 1 Recreation Commission P*Uver Held at the Elk River City Hall Wednesday, November 14, 2018 Members Present: Chair Anderson,Commission members Ahlness, Holmgren,Niziolek, Rathbun, Soltvedt,and Williams Council Liaison: Mr. Olsen Staff Present: Parks and Recreation Director,Michael Hecker,Recreation Manager Steve Benoit,Parks Superintendent Tim Sevcik, Senior Planner Chris Leeseberg, Recreation Coordinator Tonya Love, and Recreation Assistant Dawn Larson Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River Parks and Recreation Commission was called to order at 6:30 p.m. by Chair Anderson. 2. Consider I 1/14/18 Agenda Moved by Commissioner Ahlness and seconded by Commissioner Soltvedt to approve the November 14,2018, Parks and Recreation Commission meeting agenda. Motion carried 7-0. 3.1 Consider 10/3/18 Regular PRC Minutes Commissioner Ahlness requested the following change to Item 7.1;change Commissioner Ahlness to Commissioner Rathbun for being on the Woodland Trails Regional Park Committee. Moved by Commissioner Niziolek and seconded by Commissioner Williams to approve the following October 3,2018 Parks and Recreation Commission Minutes with the suggested changes. Motion carried 7-0. 4. Open Forum - None 5 Riverwalk Apartment Park Concept Mr.Leeseberg presented his staff report. Chair Anderson asked for clarification on what the different colored boundaries meant on the floodplain map. Mr.Leeseberg explained it was required setbacks. Mr.Leeseberg also explained that the map that the Commission had seen two months prior Parks&Recreation Commission Minutes Page 2 November 14,2018 ----------------------------- did not have the current map's additional building with 67 units on the other side of the proposed storage facility. Chair Anderson asked the Commission if the request could be approved next month or if it had to be this month considering the change of plans and additional apartment units. Also asking if the new information presented would change the Commissions point of view from the general consensus by the Commission at the September 12,2018 meeting to receive cash dedication for the property. Dan Anderson,Briggs Companies, stated that the process does not make or break the project of having park dedication and it is expected to have that. Their biggest concern is regarding the transient action in the area with 28-30 reports a month to the police department. The vandalism is over the top and damage is overwhelming. Issue is more about when we put people there that they are safe, creating a safe environment for them. The commission discussed the proposed drive to the western portion of the property but ultimately decided not to provide input on it as they recommended only cash dedication. They discussed the need for a trail easement running north and south along the bluff line and how to access this easement from Zane Street. The commission also had a discussion on the need for a future location of a boat landing (once Babcock closes) and did not think this property was a good location. They agreed the city should focus on an area further south near the proximity of the proposed interchange of 167th Avenue and Highway 169. Moved by Commissioner Niziolek and seconded by Commissioner Rathbun to accept staff recommendation of park dedication to be paid in the form of cash for the number of units approved by the City Council at the rate applicable when the subdivision is released for recording. (This will be $4,897.02/unit at the 2018 high density rate)A 50- foot trail easement from under Highway 101 Bridge to the southern property line of the site shall be provided with the majority of the easement being located above and along the bluff line. The final location shall be approved by city staff. Adding that a 30-foot wide trail easement, connecting the 50-foot easement to Zane Street, shall be provided. Motion carried 7-0. 6. Discussion Items— None pIIFREI II N' AtURE] Parks&Recreation Commission Minutes Page 3 November 14,2018 ----------------------------- 7. Parks and Recreation Director Update Mr. Hecker presented his staff report. Mr. Hecker also thanked Commissioner Williams for his leadership and hard work over the past year in support of the Active Elk River campaign. 8.1 Recreation Manager's Update Mr. Benoit presented his staff report. Mr. Benoit also presented his power point on the 19`'' Annual Family Spooktacular 2018 pointing out that this year's event had record attendance. 8.2 Street and Park Superintendent Update Mr. Sevcik presented his staff report. Chair Anderson asked if the group remembered the discussions in the past about the park signs being horizontal instead of vertical signs Mr. Sevcik presented. He stated,that the vertical signs were not the ones approved by the Commission and requested if he could get a copy of the commission recommendations regarding the wayfinding project. Mr. Hecker explained that the City Council approved the vertical ones and the process of installation is already underway. 9. Announcements 10. Adjournment There being no further business, Chair Anderson adjourned the meeting of the Elk River Parks and Recreation Commission work session at 7:52 p.m. Minutes epart d b Dawn Larson. Dave Andersen,Chair Tina Allard, City Clerk PI �' EIEI ® 1 INAYUREI Daniel J. Andersen Briggs Companies 63 3 Upton Ave, Elk River MN RE City of Elk River— Riverwalk Apartments Case Numbers: EV 18-05, P 18-12, ZC 18-05 and CU 18- 15 To whom it may concern, This letter is to request and consent to extension of the time periods provided under Minnesota Statutes, section 15.99 and section 462.358 for approval or denial of the four applications listed above to April 17, 2019. It is our intent to amend the applications to provide added information per the site plan more in keeping of the requirements allowed is this region and use. Regards 0 Daniel J. Andersen Briggs Companies 633 Upland Ave, Elk River MN ETIof �� River 13065 Orono Parkway Elk River,MN 55330 January 14, 2019 Sun Rae Apartments,LLC VIA EMAIL: dj@thebriggscompanies.com Attn: Dan Anderson 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 submittal of updated plans and drawings on December 15, 2018. Staff reviewed the updated drawings and has the following comments. Please note that many of the comments are similar to the comments noted on August 15, 2018, and December 7, 2018. Many of the comments have not been addressed and additional drawings are required to establish an understanding of the project. Please address these comments in a response letter and on future plans/submittals: General Comments: 1. Submit an updated plat reflecting the lot lines shown on the submitted plans. The plat needs to include all of the necessary drainage and utility easements. The preliminary and final plats include the proposed lot lines shown on the revised plan.. This information is contained within with this submittal. Drainage and utility easement vacations and proposed easements are not shown. 2. A cul-de-sac will be required at the north end of Zane Street. Update plans and the easement vacation request to reflect the change. The proposed driveway accesses and drive aisles for the Kivenvalk Apartment site should be suf ident for eme gency vehicle turnaround at the north end of Zane Street.Afire truck turning plan can be submitted separateyto verify vehicle movements through the site. The cul-de-sac is required to ensure public (i.e.garbage trucks,buses,tractor/trailer) turn around can occur within the public right-of-way and accommodate maintenance by public works vehicles. 3. The Parks and Recreation Commission reviewed the project on November 14, 2018, and recommends Park Dedication be satisfied through cash dedication and trail easements. The trail easements must be included in the updated plat. The revised plans and updated plat show a 30'trail easement between the Riverwalk Apartment and the Lodge sites. Easement is not shown on either plat. PY0WIHIU H1 Phone: 763.635.1000 /� RE www.ElkRiverNIN.gov M 4. What does the "lower drive" connect to?The plans show it leaving the site.Will this be constructed as part of the project? The `lower drive"has been removed from the preliminary plans and a 30'trail easement has been added. Easement has not been added to either plat. 5. Need a formal access agreement between the new 4-story apartment and the 4-story apartment addition in order to share access point between them. A formal access agreement between the Riverwalk Apartment site and this project will be completed during the construction documents phase. Access agreement can be a condition of approval—prior to recording plat. 6. Site plan does not match the renderings. Example, the south garage entrance on the 4-story apartment addition building is shown in a different location. The civil and architectural plans will be coordinated to match. The south garage entrance as shown on the rendering sketch does not work for the existing site conditions;hence the architectural plans will match the site plan in this instance. Updated elevations and renderings are required. 7. The minimum parking setback is 10' from property lines. If the deviation is to be apart of the PUD,please specify a setback distance. Include the proof-of-parking locations for Elk River Lodge in site plans for this project. The minimum parking setback as shown on the plans is 5'and will be part of the PUD. The existing parking stall counts for Elk River Lodge have not changed fromprior submittals;a total of 67stalls(25 covered stalls and 42 surface stalls). Parking setback and stall counts will be noted in required PUD agreements. 8. Plans identifying the portions of the Saxon building being removed should be submitted. An existing conditions plan is included with this submittal that shows the proposed removals. Complete 9. Please submit floor plans for the Saxon Apartment building. The plans should show the relationship between the storage area and apartments. Identify the square footage/unit count for the storage portion of the building. Floorplans will be submitted soarateythat will show the relationship between the storage area and apartments with the squarefootage/unit count for the storage portion of the building identified. Floor plans have not been submitted and are required for review. 10. Ordinance requires 2.5 parking stalls per unit, or 258 spaces for Riverwalk and 190 spaces for Saxon Apartments. The parking requirements are not satisfied. These projects areproposed as a PUD with a current ratio of 2.06parking stalls per unit for the Riverwalk Apartments and 226 parking stalls for River Pla.Za(Saxon Apartments). Parking deviations must be approved by City Council.Approved counts will be memorialized in a PUD agreement. 11. Ordinance requires one covered parking stall per residential unit. The Riverwalk building meets this requirement,but the Saxon Apartments do not. River Pla ya has been revised to show additional underground garagepark ng within the proposed building addition and a detachedgarage building. Approved parking counts will be memorialized in a PUD agreement. 12. The parking requirements do not include the storage component of the building. Floorplans identifying square footage of the storage areas are required to review the parking requirements. The parking requirements for the storage component are included with the 8 parking stalls adjacent to that area. TIith a storage area of 18,670 SF, this results in a ratio of 1 stallper2,300 SF of storage area. Submit floor plans identifying residential and storage areas within the building. 13. Submit landscape plans for review and comment. This is a requirement for approval. Lczndsccrpe plans will be submitted separately. Landscape plans have not been submitted. 14. Submit lighting plans for review and comment. This is a requirement for approval. Site lighting plans will be submitted separately. Lighting plans have not been submitted. 15. Submit colored architectural elevations identifying material and color selections for all elevations. Facade improvements/modifications to the existing Saxon building must be detailed. This is a requirement for approval. Colored architectural elevations identifying material and color selections for all elevations are included with this submittal. Architectural elevations have not been submitted. 16. Include proposed signage on site plans and elevations. The proposed signage is shown on the site plans and building elevations. Building elevations have not been submitted. 17. The Saxon Apartments no longer provide emergency fire access to the rear of the building. Please update the plans to demonstrate access for emergency vehicles. The plans have been updated to show emergency fare access to the rear of the building via a Grasspave system similar to the Riverwalk Apartments. The updated site plan does not satisfy the minimum fire access requirements along the south and west side of the building. 18. Additional comments will be provided upon receipt of referenced plans and changes. So noted 19. Staff reserves the right to continue review of all site,grading and utility plans. So noted Public Works: 1. Identify all existing utilities and corresponding drainage easements on an updated survey that includes the lot lines shown on the updated plans. This information was included on the on Certi icate of Surpy and is shown on the Preliminary Plat. Plat documents continue to show existing easements running beneath proposed buildings and revised stormwater plans outside of existing easements.Update plans to satisfy the requirement. 2. A formal agreement for the proposed shared storm sewer system between the two properties must be formalized in an easement and agreement. A formal storm sewer system agreement with easements between the two properties will be completed during the construction documents phase. Comment may be satisfied through condition of approval,prior to recording of the final plat. 3. Proposed lot lines must have standard drainage and utility easements dedicated. Standard drainage and utility easements along the proposed lot lines are included in the preliminary and final plats. Easements are not shown on the preliminary or final plat. 4. Parking bump-outs are not permitted on the public roadway in front of the proposed 4- story apartment building. According to City Code Sec 74-95—Angle and parallel parking:Angle parking may be permitted on any street by ordinance of the council. On any such street, every vehicle parked shall be parked with the front of the vehicle facing the curb or the edge of the traveled portion of the street at an an of approximately 45 degrees. On all other streets, cars shall be parked parallel to the curb or edge of the roadway in accordance with law. These parallel parking stalls are requested as part of the PUD. The request must be approved by the City Council. 5. Sewer service shown off the north end of the 4-story apartment addition building extends off of the proposed lot. All services (sewer and water) must remain within their own lot and connect to the public system in the roadway adjacent to said lot. The existing sanitary sewer service as shown of the north end of the Saxon building was for the connection when it had a septic system. During the construction documents phase, it will be determined if this sanitary service is still necessary. Pit is, a new sanitary sewer will be installed within the proposed River Pla.Za lot. Plans need to be updated to include all proposed service lines. 6. Submit grading plans for the new 4-story apartment site. The preliminary grading plan has been revised to show spot elevations on the Riverwalk Apartments site. Additional spot elevations,pro osedgrades and contours will be included in the construction documents for both projects. Full grading plans are required. 7. Proposed contours must be shown in all areas. Additional pot elevations,pm posedgrades and contours will be included in the construction documents for both projects. Full grading plans are required. 8. Further detail grades on the grass pave area and the entrance to it from the paved drive lane. Additional spot elevations for the Grasspave areas will be included in the construction documents for both projects. Curb and gutter in these areas is proposed to be surmountable(MnDOT D412). Full grading plans (with contours) are required. 9. Need to reestablish the capacity and functionality of the existing storm water pondbelow bluff. It seems the proposed access drive is conflicting in location. The existing stormwaterpond below the bluff will be expanded and redesigned to meet the City s current stormwater requirements The proposed access drive has been removed. Complete 10. Detail the design of the retaining walls along south side of project. The proposed landscape retaining walls(less than 4'high)will be design-build and will be included in the construction documents phase. Full grading plans (including construction details) are required. 11. Submit full updated civil/site plans for the proposed 4-story apartment building. The preliminary plans have been revised to show the Riverwalk Apartments site along with the River Pla.Za (Saxon Apartments)site. Construction documents for both projects will be submitted separately after PUD approval. Updates required. 12. Show all proposed grades in dark solid lines. Proposed spot elevations andpond contours are shown in dark solid liner. Full grading plans (with contours) are required. 13. Additional comments will be provided upon receipt of referenced plans and changes. So noted 14. Staff reserves the right to continue review of all site,grading and utility plans. So noted 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/Document Center/View/3180. Thepreliminaryplans and stormwater analysis, design and report have been revised to meet the current stormwater management requirements.Additional stormwater information(AADS results, storm sewer suing calculations, etc.)will be included in the construction documents phase. Complete stormwater plans have not been submitted for review.The review will be completed once the all pertinent documents have been received. 2. Explain in detail the pre and post impervious surface is sq. ft. in the submitted stormwater report. Also, separate the projects as phase 1 and phase 2 or explain the how the stormwater infrastructure works together. The preliminary plans have been updated with pre and post hardcover calculations for both projects and the stormwater report has been revised to match. The proposed stormwater basin will work together for both projects. The existing/proposed hardcover calculations show a reduction. Staff cannot verify these numbers. Please the hardcover numbers. 3. Within the stormwater report,include pre and post for volume and water quality treatment. The stormwater report has been revised to include this information. The report does not match calculated hardcover existing/proposed numbers.The discrepancies need further explanation. 4. MnDNR will follow up with comments regarding requirements for state floodplain and the Mississippi River Wild and Scenic and Recreational requirements. So noted. DNR comments were received on January 11,2019. See attached.Include a response to all of their comments. 5. The project must meet all state and city ordinance requirements for the floodplain regulation. No site improvements, including stormwater basin expansion and construction, are proposed within the 100 year base flood elevation boundary. Any improvement within the floodplain will need approval prior to installation. 6. Submit soil borings and infiltrometer tests for all proposed infiltration basin areas. Ageotechnical report was completed in 2017 for this site but does not include the area below the bluf where the infiltration basin is proposed or the area between the existingparking lot and the Elk Diver Lodge site. This report will be amended to include soil borings in these areas and submitted separately. Staff will review these documents once they have been submitted. 7. Submit soil borings for the proposed infiltration basin (within proposed area) in order to identify water baring soils.The infiltration basin details must meet state requirements and have a separation of 3' from the proposed bottom of the basin and water baring soils. Please refer to the response to the previous plan review comment. The infiltration basin will be designed, expanded and constructed to meet State and City requirements forgroundwater separation. Staff will review these documents once they have been submitted. 8. Stormwater pre-treatment is required prior to any proposed infiltration basins. Stormwaterpre-treatment will be provided using manhole sumps and si.Zed using the MIDS calculator during the construction documentsphase. Staff will review these documents once they have been submitted. 9. The plans show a basin bottom of 861.00 but the stormwater report lists 860.00. This needs to be addressed. The proposed infiltration basin will have a sloped bottom from elevation 863 down to elevation 862 but with no area that the 862 elevation.A basin profile detail will be included in the construction documents. Staff will review these documents once they have been submitted. 10. The proposed 18" FES needs to discharge within the basin sidewall,not short of the basin within the hillside, also,include energy dissipation according to city standards. The preliminary plans have been revised to show the proposed 18"FES discharging within the basin sidewall and energy dissipation via a 4.2'invert drop in the upstream manhole(CB#7). Ok 11. Will the existing 18" FES and stormwater system stay on-line or be abandoned? If so,Hydro CAD needs to be included for this and the basin needs to be cleaned out to original design or enlarged based on requirements. The existing 18"FES and stormwater system will be removed and this is shown on the existing conditions plan.As stated previously, the existing stormwater basin will be expanded based on the current City requirements Staff will review these documents once they have been submitted. 12. The proposed stormwater lines show it tying together at CB #8,provide detail of how this will work. CB#8 is proposed to be built over the existing storm sewerpipe because thea is insufficient depth within the existing system to accommodate the proposed improvements.A detail of CB#8 will be included in the construction documents. Staff will review these documents once they have been submitted. 13. Provide pipe sizing chart report. Storm sewer suing calculations will be completed during the construction documents phase. Staff will review these documents once they have been submitted. 14. Show parking lot contours, direction of flow and grade percentages.Also, show pipe slope percentages. As stated previously,final contours,grades and flow arrows will be included in the construction documents. Pipe slopes are shown on the preliminary plans. Staff will review these documents once they have been submitted. 15. Indicate where all roof drainage is being directed to, and not which CB#. Existing and proposed roof drainage will be directed to locations of the Dura-Slope trench connections. More detailed information will be included in the construction documents for each project. Staff will review these documents once they have been submitted. 16. The city was not able to review the proposed stormwater system for the `proposed 4-story apartment building' because it is cut off on page C-2, update accordingly. The proposed storm sewer system for the Riverwalk Apartments project is included in the revised preliminary plans The plans do not match calculated hardcover existing/proposed numbers.The discrepancies need further explanation. 17. Submit long term maintenance plan for all BMPS. Long term maintenance plans for all proposed stormwater BMPs will be completed during the construction documents phase. Staff will review these documents once they have been submitted. 18. Submit full MIDS report. A full MIDS report will be completed during the construction documents phase. Staff will review these documents once they have been submitted. 19. Staff reserves the right to continue review of all site,grading and utilityplans. So noted Environmental: 1. MnDNR will follow up with comments regarding requirements for state floodplain and the Mississippi River Wild and Scenic and Recreational requirements. So noted Comments were received from MnDNR on January 11,2019. Please review attached letter and respond to their concerns. 2. Provide before and after hardcover calculations for the Saxon site. Ordinance limits impervious surfaces to 25% or no net increase. The preliminary plans have been updated with pre and post hardcover calculations for both projects. The plans show a 30.5%hardcover calculation,which does not meet city standards.Please verify your hardcover calculations. 3. Section 30-2022 requires a 30 foot setback from the top-of-bluff. Move structures outside of the setback. Both of these projects are proposed as a PUD which includes the flexibility of building within the 30'setback from the top of bluff. A deviation from the standard will require approval from the DNR and City Council.Any approved deviations will be memorialized in a PUD agreement. 4. 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. The preliminary plans have been updated with pre and post hardcover calculations for both projects. The plans do not match calculated hardcover existing/proposed numbers.The discrepancies need further explanation. 5. The proposed site does not meet setbacks from the Mississippi River, does not meet bluff setbacks and potential grading plans are concerning from an environmental standpoint. Bluff destabilization is the biggest concern overall for proposed project. There is no wetland delineation on file for this site.Any encroachment into the bluff setback or bluff area may require approval from the Department of Natural Resources.As submitted previously, there are height restriction concerns as well. Structures along the Mississippi like this may not be higher than 30 feet tall. The only proposed site improvements within the 100 foot setback from the 100 year base flood elevation boundary is the expansion of the existing stormwater basin below the bluf. The existing bluff will be protected and monitored by an independent testing company during construction.A wetland determination was completed for this site with no wetlands identi red.Height restrictions for both of theproposed buildings will be met. If hardcover is proposed within 45 feet of a suspected wetland,a wetland delineation will be required.Building elevations showing the proposed heights have not been received and will be reviewed upon receipt.Please review the DNR comment letter dated January 11,2019,and provide additional responses to their comments. The recommended environmentally beneficial practices listed in the City's plan review comments will be considered as possible options within the PUD to offset any mutually detennined negative environmental impacts resulting from deviations to the City and State regulations.These environmentally beneficial practices will be addressed in the PUD and implemented accordingly. Additional comments provided by MnDOT or MnDNR will need to be addressed as part of an approved project. Unaddressed comments may be included as conditions for approval. Staff reserves the right to continue review of all site,building,grading and utility plans Thank you, and please let me know if you have any questions. Sincerely, Zack Carlton, Planning Manager 763.635.1035 MDEPARTMENT OF Ecological and Water Resources Division NATURAL RESOURCES 1035 S Benton Dr. Sauk Rapids, MN 56379 January 11, 2019 City of Elk River Planning Commission 13065 Orono Parkway Elk River MN 55330 RE: MISSISSIPPI RIVER DEVELOPMENT CUP for PID#75-521-0110, 75-521-0120, and 75-704-0205 Dear City of Elk River Planning Commission, I have reviewed the newly submitted plans with the addition of the parcel to the south for a CUP to construct a multi-family development unit along the Mississippi River.This letter is an addendum to the letter I sent on August 31, 2018, 1 have found the following issues in these new set of plans. The construction plans do not show the height of the building, but the plans do show that the building will be a 4 story building. I do not know if this building will meet the height restriction of 30 feet per Sec 30-2022 (c).A Height greater than 30 feet could alter the scenic, historical, natural value that was outlined in Minnesota Statute 103F.315.Typically 4 story buildings are a greater height then 30 feet. The plans show a line denoting the 30 foot set back from the top of the bluff. This setback line is found to bisect both the first addition the second addition and the Northeast parking lot. Having these structures built here would be in conflict with Sec 30-2022, 2024. Sec 30-2022 which requires a setback of 30 feet from the top of the bluff. Sec 30-2024 states roads, driveways, and parking areas shall meet structure setbacks and shall not be placed within bluff zones.This is again stated in Sec 30-2135. In addition Sec 30-2023 does not allow for intensive vegetation clearing within the bluff impact zone. Which by placing a parking lot and structure would require complete removal of vegetation. Having these structures located here will also require grading and filling of the bluff area which could destabilize the bluff. In addition to the structures being placed within the setback the plans show that there will be a parking lot constructed to the west of the multi-family units.This parking structure is shown to be built into the side of the bluff which could also further destabilize the bluff.This is in conflict with Sec 30-2135.The driveway that gives access to this parking area is also down the bluff which would require manipulation of the bluff which could destabilize the bluff. This parking structure could also be in conflict with Sec 30-2023 Intensive vegetation clearing within the shore and bluff impact zone. As a parking structure would require the complete removal of vegetation. Sincerely, James Bedell Area Hydrologist 11035 S Benton Dr.I Sauk Rapids, MN 53379 1 (320)223-7850 1 james.bedell@State.mn.us Minnesota Department of Natural Resources • Division of Ecological and Water Resources 800 Oak Savanna Ln. SW Cambridge MN 55008 CC: Tim Crocker DNR EWR Region 3 North District Manager Dan Petrik DNR EWR Land Use Specialist Ceil Strauss DNR EWR Floodplain Hydrologist Minnesota Department of Natural Resources • Division of Ecological and Water Resources 1035 S Benton Dr. Sauk Rapids, MN 56379 City Council Minutes Page 4 February 19,2019 ----------------------------- Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adopt Resolution 19-07 granting Final Plat of ER Ventures Second Addition,with the condition that Variance No. V 19-01 is recorded with Lot 1, Block 1, ER Ventures Second Addition. Motion carried 5-0. 7.S River Falk Apartments — 17354 Zane Street A. Right-of-way Vacation: Zane Street B. Simple Plat: River Walk C. Zone Change to Planned Unit Develcprnent D. Conditional Use Permit to Planned Unit Development Mr. Leeseberg presented the staff report on behalf of Planning Manager Zack Carlton. Mayor Dietz opened the public hearing. Dan Anderson,Briggs Company, 633 Upland Avenue--Asked for clarification about park dedication stating the Parks and Recreation Commission provided different feedback then Council. He stated he would prefer to give land for a park versus giving cash or easements. Dave Anderson, Parks and Recreation Commissioner—Stated the commission chose to preserve an easement for a trail and not take land. He stated the commission further recommended taking cash for the park dedication. He stated they want the easement because it is highlighted in the Park and Recreation Master Plan as a river bluff trail heading from downtown Elk River to a City of Ramsey trail connection. Mayor Dietz asked Mr. Beck about the trail easement. Mr. Beck sated when land is being platted, the city has the authority to obtain easements. He stated it is a reasonable condition because it's in city pians. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to continue the request to vacate a portion of the Zane Street Right- of-Way and the Simple Plat to the March 18, 2019, Council meeting. Motion carried 5-0. Councilmember Wagner asked for further discussion of Council's desire for a trail easement. She stated it is an important trail connection along the river that is a great benefit to the residents of the community. Councilmember Westgaard stated he supports the commission's recommendation Moved by Councilmember Westgaard and seconded by Councilmember Wagner to continue the request for approval of a Zone Change and the P O w E R I I s r NATURE-1 City Council Minutes Page 5 February 19,2019 Conditional Use Permit establishing; a Planned Unit Development to the April 15, 2019, Council meeting. Motion carried 5-0. ll.i Resolution for Finding of Fact: Conditional Use Permit Request by ResCare Minnesota Mr. Beck provided summary of the history/timelines for this application. He reviewed Council options for action. He expressed concern with having factually- supported legal reasons to deny the application. He explained the Conditional Use Permit process and how it is a legislative versus a discretionary decision. He stated there are two key components: 1) there has to be a legally-sufficient reason for which there is a factual basis in the record to deny the application. He stated in this case there are a lot of facts and impact to surrounding areas,but they are likely not sufficient to support denial; 2) this case involves a protective class of people under federal law. He explained how these laws apply to this application. Mr. Beck further noted the exposure to the city is exponential and can include additional fees and costly damages when federal rights are involved. He stated he consulted with attorneys in our partnering law firm and the League of Minnesota Cities and they concurred. Councilmember Christianson stated he spent many hours on this and feels this type of care facility is not appropriate at this location and his position hasn't changed on the matter. Councilmember Westgaard stated he felt the applicant met the conditions and struggles to find reasons not to approve it. Councilmember Ovall stated he reviewed this matter deeply and he thanked everyone for their assistance. He stated initially this seemed like a straightforward case for him until he heard the evidence from the community. He stated he focused on what he believed to be the facts of this case based on policing and local neighborhood impact. He stated as he continued review and worked with multiple groups for information,he learned a lot about the Federal Fair Housing Act. He stated because Council can't consider police and neighborhood concerns, he feels the conditions of the request are met and he would support the Conditional Use Permit. He further stated he stands by his feelings this is not the best location for this type of use but the application meets the terms of the ordinance as written. Councilmember Wagner stated she will not be supporting the denial because there are not any legal reasons to factually support it. Mayor Dietz stated this is an extremely difficult decision he has thought about a great deal. He stated he is confident the Council will change the zoning in the downtown district so ResCare could again consider the former school district property. He urged ResCare to give the site strong consideration. He discussed the Conditional Use Permit process and the legal reasons for denial. He felt there would be a good chance ResCare would sue the city if their application is denied. He stated p 6 V I R 1 9 B1 AYUR Park Dedication Background ■ City Attorney review of Park Dedication limits ■ Park Dedication fees updated in 2016 ■ State statue changes and recommendation ■ Created formula with city specific variables ■ An appraisal study identified per/unit values (HH Size) x (acres park/person) = Acres of land for dedication (Land Dedication) x (Average property value) _ $$ due per unit Park Dedication Calculation Assumptions for Park Dedication 2.82, 1.80, and 1.58 Average Household size for City of Elk River (based on 2014 ACS Data) 0.03 Acres of park land per resident as identified by Parks and Rec Master Plan $ 16,855.00 Mean per acre value of low density residential land established by appraisal study $ 19,922.00 Mean per acre value of medium density residential land established by appraisal study $ 103,313.00 Mean per acre value of high density residential land established by appraisal study Land dedication required low density 2.82 x 0.03 — 0.0846 acres of land per residential unit med density 1.80 x 0.03 = 0.054 acres of land per residential unit high density 1.58 x 0.03 = 0.0474 acres of land per residential unit Cash dedication required low density 0.0846 x $ 16,855.00 = $ 1,425.93 cash dedication per residential unit med density 0.0540 x $ 19,922.00 = $ 1,075.79 cash dedication per residential unit high density 0.0474 x $ 103,313.00 = $ 4,897.04 cash dedication per residential unit Previous rate $3,712/unit RiverWalk Dedication ■ Assuming a 200 unit residential development ■ Land Dedication — 9.48 acres ■ Cash Dedication — $944,016.00 (with credit for existing) ■ Park and Rec Commission recommended a trail easement. ■ Does not qualify as land dedication City Comparison Park - . Residential Cash Dedication Requirement ' . Base cash dedication rate $3,500/unit exceed 12+ units/acre $2,775/unit exceed 20+ units/acre $2,550/unit fee for all densities $3,500/unit • - : fee for all densities $1,968/unit - Min. fee or 10% land value $2,500/unit Monticello % of land value (appraisal) 11% St. Michael fee for all densities $31200/unit fee for all densities $3,156/unit s - Action Requested ■ Receive information and discuss park dedication requirements for future development projects. City of WV-'r�"*�w T 16 Opl OFFIO OFA Vii; Total Site - 13.S Acres 5.75 Acres above bluff10 Riverwalk Land Dedication Scenarios Potential Sources of Land Dedication and Impact to Cash Dedication Type Acres Park Dedication Amount Due Impact (Acres Due) (dollars) 30' trail easement - approx. 50' x 850' 0.98 8.50 $ 8461826.17 All land from 30 above bluff to river 7 2.48 $ 246,957.77 Area noted above less the flood plain 2.6 6.88 $ 685,108.66 Estimated useable area for Park/trail 1.5 7.98 $ 794,646.38 a) c c N ra U O N O dA CL0 r CL to -a Q O O O O W Y_ 4T Z Qj N CLGJ ~ m L. G1 Q O y w 4a Cu •V V L 4-J •E Q LLA O N O O NL r_ Q O � 7•• O X14 4-j Q06 O N v o O � v co O " O � Ln > Q = ayi 3 S Q— o 4 o � Q > O ami O Q °� s v V H, C L a o U a� C L O O N +, (U L au O> 'G O O 'v1 . Y � L ra v, L Q. V1 +, _+ ' V = m H Q E > toO O E L 00 Q E C Q- 0 O G/ 0 ++ N A -0 O CO U '0 C 0 O c of U. a c O In = O L O a O V O dfl O O .Ln fl. Ln O '' n O L (A -0 CL Q Gl E Q C O L N -0 O +, O +O '` +O' O C Ci O N `n O N 0 0 o E O O O O c O O C ++ CY C N LL W i w w w O _ 'v LJ Ll fO >> I - C1: oC Q +J CC Q 1= CC I= -0 O CC oC O C f0 O� (6 f0 f6 f6 (C f9 L f6 f0 �� f6 N "aG1 �� O m Y Y Y Q O Y � 'v� L Y Y L f6 L f0 cu .L L f0 O L f0 L f0 L O fC l0 f0 f0 a s LL a Z a a a .� a-0 0 a a L CJ (� U N 3 x O m L H 0 aU 40- N .Q X O Vii•+ ccX X X C W W :.i ? V U U� M M ++ t10 U v CC w w Q 2 Q w OC OC N s •v N }s� L V s H a> _ L L °- a� O c s Y L> f 6 -a o m O 41 'a � O J w f0 U m C 0 > w Vl a w AGENDA 12-16-19 6:30PM Time & Place: City of Elk River Subject: Deed land or dedicate easements in- lieu of Park Dedication Fee Attendees: Council Pat Briggs with Briggs Companies represents Both Owners 1. Saxon Lot Approximately 700 ft of Waterfront. 3.5 Acres Sun Rae is open to giving up private ownership of land for benefit of the public enjoyment. SunRae would consider Deeding land or dedicate easements in- lieu of Park Dedication Fee of subject property. 2. Two Finger Lots Approximately 300 ft of waterfront. 2.7 Acres Sun Rae is open to giving up private ownership of land for benefit of the public enjoyment. Sun Rae would consider Deeding land or dedicate easements in- lieu of Park Dedication Fee of subject property. 3. Elk River Lodge Lot Approximately 420 ft 6 Acres ERL is open to giving up private ownership of land for benefit of the public enjoyment. ERL would consider Deeding land or dedicate easements in- lieu of Park Dedication Fee of subject property. Easements are less desirable due to Risk Management and Policing of Domestic Issues and remaining abuse of existing Private Property. Example would the city build a fence. So public stays off private property? If an easement is granted the public will stray onto private property. The private quiet environment will no longer be in existence. Owners are not excited to engage in this kind of relationship. Think about it this way. What would you want if it was in your backyard? !" .CNK j69 - jo ST a KA. - " o 88 \A$ III= mg ao� �mz mam PARKING STALL COUNTS THE LODGE RIVERWALK APTS SAXON APTS COVERED 25 107 52 SURFACE 42 102 121 TOTAL 67 209 173 UNITS 103 76 RATIO 2.03 2.28 10 ja 140- - - 41 1 - 1 w�4SSI r i w----------- —ISS��ER NOTES: 1. BASE PLAN USED IS A SURVEY PREPARED BY BOGART, PEDERSON & ASSOCIATES. 2. ALL EXISTING UTILITY LOCATIONS AND ELEVATIONS SHOWN ARE APPROXIMATE ONLY. CONTRACTOR SHALL CONFIRM ALL LOCATIONS AND ELEVATIONS PRIOR TO CONSTRUCTION. CONTRACTOR SHALL CONTACT UTILITY COMPANIES VIA GOPHER STATE ONE—CALL ONLINE OR BY CALLING 811 OR 1-800-252-1166. 3. ALL CONSTRUCTION SHALL CONFORM TO THE MOST RESTRICTIVE OF THE PROJECT SPECIFICATIONS, THE STANDARD SPECIFICATIONS OF THE CITY OF ELK RIVER AND THE LATEST EDITION OF MNDOT STANDARD SPECIFICATIONS FOR CONSTRUCTION. srl.� s 4er�_ q, 2 m 9 a Sia GRAPHIC SCALE V) Z w �a w QI- CL o z Z aw a ZZ o o� of 0 J � M W 0 ZOFr m LLJ Q J Xy 0O _ (f) LdJ REVIEW PLAN --1.1 NOT FOR CONSTRUCTION