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9.1. SR 01-21-2020Request for Action To Item Number Mayor and City Council 9.1 Agenda Section Meeting Date Prepared by Work Session January 21, 2020 Zack Carlton, Planning Manager Item Description Reviewed by Joint Meeting with Parks and Recreation Cal Portner, City Administrator Commission to Discuss Park Dedication for River Reviewed by Walk Apartments Action Requested Discuss park dedication requirements for development of the former Saxon Motors site as high -density residential. Background/Discussion On December 16, 2019, the City Council and Pat Briggs (representing the property owner Sun Rae Apartments, LLC) discussed park dedication requirements for redeveloping the Saxon Motors property and the two vacant lots to the north as a 200-unit high -density residential development. There is also the possibility of incorporating climate -controlled storage as part of the project. Mr. Briggs also submitted a proposal to dedicate 12.2 acres of land to satisfy the park dedication requirements for the residential development. Around 80 percent the proposed land dedication is within the floodplain along the Mississippi River as the buildable area outside of the floodplain is approximately 2.3 acres. State statute states that only buildable land should qualify for dedication. Flood plain and steep slopes (bluff areas) are not considered buildable land. 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 an existing commercial use. 200 units x $4,897.04 — ($35,392.00 credit for commercial use) _ $944,016.00 If the city chooses to accept land to satisfy park dedication requirements, ordinance requires 9.48 acres. Council and the Parks and Recreation Commission may accept land to satisfy some or all the required dedication, but the previous recommendation did not include direction for park land in the subject area, which is also consistent with the Parks Master Plan. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional,` 01 e service, and community engagement that encourages and inspires pi ospei ly INAMIRE1 Financial Impact Adjustments to the Park Dedication Fee will impact the Park Dedication Fund, of which designated funds are eligible for park expansions and additions. Attachments City Council Packet and Minutes dated December 16, 2019 Agenda submitted by Pat Briggs dated December 16, 2019 N:APublic Bodies\Agenda Packets\01-21-2020\Fugal\9.1 sr Park Dedication.docx Request for Action 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 PehoMing cornrnunity �a itb revolutionary and spirited resourcefulness, exceptional P 01 W E H E 8 6 T 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 4�`- ER River Request for Action To Item Number Mayor and City Council 9.1 Agenda Section Meeting Date Prepared by Work Session October 19, 2015 Michael I Iecker, Parks and Recreation Director Item Description Reviewed by Park Dedication Fees Cal Portner, Cite Administrator Reviewed by Action Requested Discussion of Park Dedication Ordinance language. Background/Discussion Fused 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 ti,',1 Attachments ■ I I ItiGi Update Memo on Park Dedication P0WIAlo eY Template Updated 4/ 14 INAWRE] Hoisington Koegler Group Inc. 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 town homes have 2.25 people per unit and multifamily projects like apartments have 1.75 people per unit. 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. Density Units per Acre Park Dedication Low Under 4 units/acre 10% Medium 4to 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. OverviewMethod Set based on Use the fees set by other & Easy to implement & May not be reflective of real neighboring communities as the basis far • 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 • Potential for legal challenge Page 3 Mettiod Overview Prosr 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 Cade 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 jej 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. 30-5I5 (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. ELK RIVER PARKS & RECREATION MASTER PLAN City Council Work Session 11 Park Dedication Study Update & Recommendation October 19, 2015 L, L z A 3 * K.- ? 00Ar F _ { A •• s % y r 4 J _ Residential Park Dedication Rate }} Currently City uses 10% for al residential densities » Recommend City consider a graduated system as additional parkland needed as project densities increase >} Examples • Uses National Recreation and Park Association standard of 10 acres per 1,000 people • Assumes medium density projects have 2.25 people per unit while multifamily projects have 1.75 people per unit ELK RIVER PARKS &RECREATION MASTER PLAN Residential Park Dedication Rate Park Dedication Survey found densities in other communities range from 10% to 20% (see examples) Staff recommends the following Densit Units per Acre Percent Low Under 10 Medium 4 to 7 13 High ,More than 7 16 Blaine & Coon Rapids DU/A Percent 0-1 5 Z-3 10 4-5 12 6-7 14 8-1 Z 16 13-16 18 Maple Grove Dayton & Farmington DU/A Percent 0-2.5 11 2.5-5 12 5-7.5 13 7.5-10 14 10-12.5 15 12.5-16 16 Zoning District Dedication Requirement Less than 9 10 More than 9 11 plus 1% for each additional unit over 9 Lakeville Zoning District DU/A Percent Low Density Less than 3.0 12 Medium Density 3.0 to 9.0 14 ,High Density More than 9.0 17 HILLSIDE PARK RULE NOTU TOALL atfl VAIN'RNERS -General park hours arelam to 10pr -Traits open to mountain biking, frail running, hiking andsnowshoemg.. -helmets required for mounWn bikini •Ride responsibly Please be courteous of gthgr trail Users • Hiikerslield to frets by sleping 71 WK. -Bikers-announce appproaeh to hiker: and other bikers, ive off ball to ahw tas16 biketto p s5, • Leave no trac4 kiii on designMV ATrIAHK YOU 1 WNT#YAt7i TMOim R�trd 7eail Hnxardf �! 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ELK RIVER PARKS & RECREATION MASTER PLAN Cash in Lieu Dedication » Currently $3,71 Z per residential unit ■ $7,444 per commercial acre • $2,485 per industrial acre D Historically established by comparing to surrounding communities -then updated using inflation adjustment » Minnesota Statutes -Cash fee must be based on the average fair market value of the unplatted land no later than at the time of final approval L UIR iill OTILI-1901 IL Ile] NAT VI%wow., MIM Potential Methods to Consider Metkod Overview M ros Cons Set based on Use the fees set by other * Easy to implement * May not be reflective of real estate neighboring communities as the basis for the * Ensures the City is market communities fee in Elk River competitive * Potential for legal challenge as does not meet state statute requirements County Use estimated market value of the * Easy to identify * Lags behind marketplace so may Assessors land for fee collection * Generally accepted method collect too much or too little Value Appraisal Hire an appraisal firm to conduct * More accurate to market * Study estimated to cost $5,000 to Study a study evaluating the average conditions $15,000 depending on the number of market value of vacant properties * Established fee that classes and firm selected by class. The study would take developers can be certain of * Potential for market lag depending on about 2 to 3 months to complete the frequency that City conducts study and could be paid for from park dedication. This would be used to set the fee amounts. Require Require that the developer submit * Establishes fee at exact land * Adds time to development process appraisal an appraisal as part of the final value * Additional cost for developer — one at time of platting process. Fee collection * Reflects each unique firm estimated an appraisal to cost development would then be based on that value. situation $2,500+ for commercial/multi-family projects L U19 iill Offil-1901 IL Ile] OAT V,%wow., MIM Potential Methods to Consider Metkod Overview M ros Cons Sale Price of Require that the developer provide Relatively simple to • May not include value gained through Property the sale price of the property and implement entitlement process use that value for fee collection. * Sale may have occurred a significant time ago • Potential for developers to manipulate Negotiation Require that each park dedication Uncertainty for developers • Potential to be challenging to come to fee be agreed to through an agreement negotiation between the developer • Starting point will still need to be and the City. established • Staff time • Potential for legal challenge Allow Allow developer to select * Provides more legal * Will end up with lowest amount of park developer to whether they want to use the protection as developers dedication possible. Impact depends select from park dedication fee or submit an have opportunity to select on options provide. options appraisal preferred option Require List multiple options and require • Best potential to maximize . Potential for legal challenge remains "higher" the one with the highest park park dedication with the if options are not based on market of multiple dedication amount be selected least amount of effort by City realities options • Adds time and cost to developer DEL Cash in Lieu Dedication >> Staff attempted to quantify the difference, however, not enough appraisals are available » An appraisal study could be done for additional analysis. The cost wou Id be $5,000 to $10,000 depending on the complexity >> Staff recommends the use of the County Assessors Method ■ Easiest to administer ■ Generally accepted in planning and development community f�1�t7layt7W.R7�'P.It7rrt7� li[�l►�I��yt79If1� Recommended City Code Revisions >> Reviewed all references to park dedication >> Recommend the following changes: • Reference to payment of funds for trails be removed as City does not have a trail fund • Requirement of Bark and Recreation Commission to make a recommendation for park dedication for each plat be removed as the Park and Recreation {'master Plan provides direction and most dedication in future will be cash rather than land • Remove specific clause in Open Space Preservation Plat relating to park dedication and apply same density approach as other residential developments. ELK RIVER PARKS &RECREATION MASTER PLAN Direction Sought » Next step will be to develop specific ordinance revisions reflecting directions from City Council on: • Graduated Residential Dedication Rate of 10% for low densit ,13% for medium density, and 16% for high density �' � y • Industrial/Commercial Dedication Rate of 10% ■ Cash in Lieu Dedication Approach using County Assessors Method • Revisions to City Code regarding trail fund, Park and Recreation Commission, and Open Space Preservation Plats Request for Action To Item Number Mayor and City Council 7.1 Agenda Section Meeting Date 1july5, Prepared by Public I learin 2016 Zack Carlton, Planning Manager Item Description Reviewed by Ordinance Amendment Regarding Park Dedication Peter Beck, Cig Attorney Fees Reviewed by Cal Pormer, City Administrator Action Requested Adopt, by motion, an ordinance amendinent modifying the park dedication requirements described in Section 30-327 of the City Code. 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 ,,vas 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 arc based to factors unique to I T, liver, 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 Desiimation 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. NAWRE) 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 (c4 DU/ acre) $1,425.93/dwelling unit Medium Density (4 to c7 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 HousingUses 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%o rate, and cash rates are established annually in the fee schedule. The current proposal modifies borli rates and is tied to the county assessed value of the property. Commercial and office uses Nvill dedicate 8% of the buildable land, or 8% of the county assessed value of the property. Industrial uses will dedicate G%o of the buildable land, or G% of the county assessed value of the property. The fee, as included in the fee schedule, is described below: Commercial Industrial 8% of county assessed value G% 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:\Public Bodies\Agenda Packets\07-0 5-2016\ Final\ 7.1 sr Park Dedicadon.docx City of Elk River Ordinance 16 - to be removed Underlines to be added 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 1 � Ik River does hereb\- ordain as follows: SECTION 1. That § 30-327, Dedication of land or contribution of cash for public purpose of the Cite of Llk River Code of Ordinances shall be amended to read as follows: (a) Dedications forpa9k purposes iequiyed. In every plat, replat or 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 m ten percent (3f the unde-veloped land prc)posed to be subdivided —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 follow'n� standards: (11) 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 _S� stem Plan. The total amount_ of land to be dedicated shall be calculated 12y multiply ing_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 dwellinl; unit has been determined bye 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 E?lk River. Last Updated hrarch 2014 Acres of land Acres of land I and Use dedicated per Persons per dedicated per Desioatio 12erson Household dwelling unit Lose Density 0.03 X 2. ;2 — 0.0846 Residential Medium Densin- 0.03 1 1.80 = 0.0540 Residential 1-1 1 Th Densi 0.03 x 1.58 0.0474 Residential P 0 1 E 8 E 0 e r NIATUREI to be removed Underlines to be added fib] Specialized I Iousing Uses 1— Facilities providing 24 hour a day/7 dad a week care, such as assisted Hying or nursing home facilities shall be subject to park dedication requirements cquivalent to commercial uses. 2. facilities with a combination of senior independent living and 24/7 care shall 1111kc the recluired dedication based on the number of units designared 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 subdiv idcd. The percentagc to be dedicated shall be ci (W percent for commercial and office uses and six G percent for industrial uses. {3] Xa-ed uses — the amount of land to be dedicated shall be calculated based can the perceampe of land area devoted to each use, except in the case of mixed use projects within the same buildi-rig where the amount_ of lauid to be dedicated shall be cAculated based on the percciitage of square leet devoted to each use. lb] Cash cotnti7butionill _Am of land dledicagon. 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 o��ner shall contribute to the city prior to rcicasing 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 appEcant, at their own expense, may obtain ail 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_ propert-- by a qualified real estate appraisal. Nil tci Bmildable laud. I'or the purposes of calculating the required dedication described in this section, shal be defined as the gross acres less the area c)f wetlands, lakes, and streams below the 01 Ilk . Last Updated hrarch 2014 NAWREJ to be removed Underlines to be added M ld1e latferl 7tZpea7. 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- on4T to the net increase of lots. (e) Use of cash contiiNvions. 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 lr"d fer parks, recreational facilities, playgrounds, trails, wetlands, �or open space--� the de-eelopmen based on the a r„p owed park systems plan. Cash paMents must not be used for ongoing operation or maintenance of sueh areas and sites; na c. _ ' iefnent in c,neetion with land pfeviatisly aequired or developed for stteh publie Purposes. Any monties speeifieMly paid to the eity parks, recreational facilities, playgrounds, trails, shall b ttsed only r5~ `'-� d wetlands, or open space. q�*- maikel w1me 6�hmd For purposes of this section, the term "fitir mar4tet of the undeveloped land" is defined as the fitir market value of the land Within such plat replat, or subdivision as of +e dftte the plat, replat, or subdi-vision is presented to the eity ( Dedications for• purposes other than paarks: In addition, in every plat, replat, of subdivision of land, the land required for public streets, regional stormwater holding ponds and wetlands shall be set aside and dedicated on the psubdivision by the owners to the city for these purposes. These areas will not be credited towards park dedication requirements. (gh)Giierlla 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) Impimements to dedicated land As part of the subdivision or 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. Last Updated March 2014 ld1e latferl 7tZpea7. 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- on4T to the net increase of lots. (e) Use of cash contiiNvions. 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 lr"d fer parks, recreational facilities, playgrounds, trails, wetlands, �or open space--� the de-eelopmen based on the a r„p owed park systems plan. Cash paMents must not be used for ongoing operation or maintenance of sueh areas and sites; na c. _ ' iefnent in c,neetion with land pfeviatisly aequired or developed for stteh publie Purposes. Any monties speeifieMly paid to the eity parks, recreational facilities, playgrounds, trails, shall b ttsed only r5~ `'-� d wetlands, or open space. q�*- maikel w1me 6�hmd For purposes of this section, the term "fitir mar4tet of the undeveloped land" is defined as the fitir market value of the land Within such plat replat, or subdivision as of +e dftte the plat, replat, or subdi-vision is presented to the eity ( Dedications for• purposes other than paarks: In addition, in every plat, replat, of subdivision of land, the land required for public streets, regional stormwater holding ponds and wetlands shall be set aside and dedicated on the psubdivision by the owners to the city for these purposes. These areas will not be credited towards park dedication requirements. (gh)Giierlla 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) Impimements to dedicated land As part of the subdivision or 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. Last Updated March 2014 to be removed Underlines to be added (ij) Credit for corrstmetion 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 acid 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) Co sr+ltatiotr iy rlwelaper a th city staff. As part of the application procedure at the time of submitting the pfelitiiinaFy p6tsubdivision, 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. (RI) Survey recquhrd. 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 Last Upaatea nlarciz 2014 NA U C : ci Elk River Ordinance 16 - mks to be removed Underlines to be added 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 hc;reby 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 duelling 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 Househoid dwelling unit Low Density 0.03 X 2.82 _ 0.0846 Residential Medium Densi Q x 1.80 0.0540 Residential High Densi LU X L-5a = 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. Last Updated Tfarch 2014 lik'V"IAI alolir USE 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. 1 f 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 QHWL. (d) Previously subdivided property from which a park dedication has been received, being re - subdivided with the same number of lots, is exempt from parr 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. Last Updated Tfarch 2014 p0NEREO 01 NATUREI Stfilve�fotjghs 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. (}} 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" CsIS. 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 Last Updated Tfarch 2014 pawEelo er ,i URE 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 AC5 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 0 Parks and Recreation Commission Agenda Section I Meeting Date Action Item I November 14, 2018 Item Description River Walk. Apartment - Park Dedication Request for Action Item Number 5.1 Prepared by Chris Leeseberg, Senior Planner Steve Benoit. Recreation 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. ("I ds 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. 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. The land the applicant is proposing to donate, in lieu of park dedication, is below the bluff line and much of it is in the floodplain (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 in park dedication. This is calculated with the high density rate of $4,897.04/dwelling unit. The Elk River Vision RR ► "i0 Figure I welcoming community ttrith revolutionary and . pirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity CR 33 92 ¢A 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 G, 2018 ■ Memo from the DNR dated August 31, 2018 Rive rwalk Apartments - Briggs Case N : P 18-15 4iUkI EV 18-05 = Plat, CLIP, EN; ZC ZC 18-05 River I 1 Ix, .I GRAI9{IL gC,tL1T MOTES: '. BASE PLAT! USED IS A SURVEY PREPARED BY BOCART, P17DERSON & ASSOCIAYF5. Q 2, ALL EXISTING UTILITY LOCATIONS AM ELEVATIONS SHOM ARE APPROXIMATE ONLY CONIRACTDR SHALL CONFIRM ALL LOCATIONS AND ELEVATIONS sy PRIOR 10 CONS1RVCTION. CONTRACTOR SIIAU. CONTACT UTILITY COMPANIES IAA GOPIWR STATE ONF_-CALL ONLINE OR F]" CALLING EII a:Z t-e0O-252-IIS6_ a 3. ALL CONSTRUCM/N SHALL CONFORM TO INE MOST • RESTRICTIVE OF THE PROJECT SPCMICATIONS, THE STANDARD SPECIFICATIONS OF THE CITY OF ELK RIVER AND ME LATEST EDITION OF MNOOT i r STANDARD SPECFtCATIONS FOR CONSTRUCTION. REVIEW PLAN MOT FOR COMSTRU..... Rim A -all 4410w City of Ells ....�. River To: Parks and Recreation Commission Memorandum From: Amanda Bednar, Environmental Coordinator & Brandon Wisner, Storrnwater Coordinator Date: September G, 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- 191.4 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. rvyDEPARTMENT OF , NATURAL RESOURCES August 31, 2018 City of Elk River Planning Commission 13065 Orono Parkway Elk River MN 55330 Ecological and Water Resources Division RE: MISSISSIPPI RIVER DEVELOPMENT CLIP for PID # 75-521-0110 and 75-521-0120 Dear City of Ella River Planning Commission, 1035 S Benton Dr. Sauk Rapids, MN 56379 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 flood plain 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.1 Sauk Rapids, MN 53379 1 (320) 223-7850 inn E a ri ii i;a ,,,: :• 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 0' Rive`r� Members Present: Council Liaison: Meeting of the Elk River Parks and Recreation Commission Held at the Elk River City Hall Wednesday, November 14, 2018 Chair Anderson, Commission members Ahlness, Holmgren, Niziolek, Rathbun, Soltvedt, and Williams Mr. Olsen Staff Present: Parks and Recreation Director, Michael Hecker, Recreation Manager Steve Benoit, Parks Superintendent Tim Sevcik, Senior Planner Chris Leeseberg, Recreation Coordinator 'f onya Love, and Recreation Assistant Dawn Larson I. 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 630 p.m. by Chair Anderson. 2. Consider I i! 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 I013118 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 November 14, 2018 Page 2 did not have the current tnap'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 1 G7d' 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 f 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 Pane. 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 p I I I R E I IT NAtUR 4�"- ER River Request for Action To Item Number Mayor and City Council Agenda Section Meeting Date I Prepared by Public Hearin February 19, 2019 Zack Carlton, Planning i Iaria er Item Description Reviewed by Diver Walk Apartments — 17354 Zane Street NW Chris L.eeseberg, Senior Planner A. Right-of-way Vacation: Zane Street NW Reviewed by B. Simple flat: River Walk Cal Portner, City Adiniiiistrator 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 comments from staffs comment letter dated January 14, 2019, and the feedback from the January 22, 2019, work session. Parr Dedication The updated plan includes a 15-foot trail easement along the north edge of the project, but does not reflect the direction given by the Parks and Recreation Commission on November 14, """ 10 2018. Prior to the motion to continue, the applicant would like to 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 pushes the last date for a decision by the City Council to April 17, 2019. The Elk River Vision Figure I A rvelcornin,g tt�rxman y math ievolutsonag and spaded resoiprefulness, exceptiorrrrl service, and cowmuni�y engagexanl that encourages and inspires piviperity CR 33 a RR CR 12 • �p P69 p0WIAE0 eY NAWREJ Statutory Review Period The applicant extended the review period, by written request, to April 17, 2019. Attachments ■ Updated Plans received February 14, 2019 ■ bark and Recreation Commission NEnutes 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 ! r`1` -T _ 1 Y Y I II 6 1 I I k I ' ! l I Y 1 l] I 1 k 1 I %7 i7 1 II 1 r,k-a,RHfr °t'SEF 1 , 1 NOTES: 1 1 BASE PLAN USED IS A SURVEY PREPARED BY BOGART, PEDERSON ' & ASSOCIATES. I i ' ] 2. ALL EXISTING UTILITY LOCATIONS AND ELEVATIONS SHOWN ARE + APPROXIMATE ONLY. CONTRACTOR SHALL CONFIRM ALL LOCATIONS �$ gg AND ELEVATIONS PRIOR TO CONSTRIJCTIOM. CONTRACTOR SHALL CONTACT UTILITY COMPANIES VIA GOPHER STATE ONE -CALL 5 ' 1p ONLINE OR BY CALLING BIT OR 1-800-252-IT66,IN l.E�{ ,x 3. ALL CONSTRUCTION SHALL CONFORM TO THE MOST RESTRICTIVE i OF THE PROJECT SPECIFICATIONS, THE STANDARD SPECIFICATIONS ` OF THE CITY OF ELK RIVER AND THE LATEST EDITION OF MNDOT 1 - STANDARD SPECIFICATIONS FOR CONSTRUCTION, I z 5J 0_ N z up Z F_ tF: Z �~ W U N Y- C 6 N a - W Q a y O V u) 4 Q 7 � > � � m w W O H 6E W REVIEW FLAN =- NOT FOR CONSTRUCTION 1 4 ' r i1 I` 1 k 1 14 Y I 1 r' ------------ I 0T 1 1 , Eiur's SE 16atckr i IfA [i. SETBACK fxEm �� 1 1 f 1 1 E12vA�b1 BuwB�VBr ff ff I i y Yy I << 1 `]L I C> 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. 4. EXISTING ZONING: FOCUSED AREA STUDY (FAST). PROPOSED: PLANNED UNIT DEVELOPMENT (PUD). IMPERVIOUS SURFACE AREA (SF) RIVERWA K APTS RULER PLAZA TOTAL EXISTING 60,711 130.009 19D,719 PERCENT 15.D% 63.67. 32.57. PROPOSED 74,'S59 8:, Ng 161,?ei PERCENT 19.5% 42.$7 _?.58 LOT AREA 3U.302 203.92fi ,m.229 PARKING STALL COUNTS RIVER WALK APTS RIYER PLAZA COVERED 107 45 SURFACE 93 105 TOTAL 200 203 UNITS 103 85 RATIO 1.94 2-3 REVIEW PLAN NOT FOR CONSTRUCTION Z 4 o� Z � Qti LF L7 � Q N d Q W Q LaO 4 Z U U u) C? Q 7 C4 tr C,of m [.i L E L O C-1 \; TRACT PRGPOSED A_ST(WY APARTMENT TpAIlIINO A-34.058 SF FFE-880-00 GFE-879.50 I I Rm;..rc amuwc rrr-as+ae i 1 �i1 I h i PROPO$EO +STORY .a - APARTMENT AWITION y A7,22.Y91 Sr - FFE+887.M GFE.877A0 M1 'k Vt 1 a 1 � 1 1 CD wn s.s s f rv�+zy, l T ACT CJ A 45, NOTES: 1. BASE PLAN USED IS A SURVEY PREPARED BY BOGART, PEDERSON & ASSOCIATES. 2. ALL EXISTING UTILITY LOCATIONS AND ELEVATIONS SHOWN ARE �r APPROXIMATE ONLY. CONTRACTOR SHALL CONFIRM ALL LOCATIONS BiR AND ELEVATIONS PRIOR TO CONSTRUCTION. CONTRACTOR SHALL CONTACT UTILITY COMPANIES VIA GOPHER STATE ONE—CALL`d' s= ONLINE OR BY CALLING BIT OR I-800-252-IT66, yE 3. ALL CONSTRUCTION SHALL CONFORM TO THE MOST RESTRICTIVE'SI OF THE PROJECT SPECIFICATIONS. THE STANDARD SPECIFICATIONS a s OF THE CITY OF ELK RIVER AND THE LATEST EDITION OF MNDOT s STANDARD SPECIFICATIONS FOR CONSTRUCTION, t F 4. THE FOLLOWING SEQUENCE AND PROTOCOLS SHALL BE FOLLOWED �m-v FOR EROSION AND SEDIMENT CONTROL DURING THE SITE p DEVELOPMENT PROCESS' -_ A. INSTALL PERIMETER CONTROLS (SILT FENCE & ROCK CONSTRUCTION ENTRANCE) AS SHOWN ON THE PLANS PRIOR TO START OF WORK. B. SOIL STOCKPILES OR CONCRETE WASHOUTS ARE NOT ALLOWED ON THE PROJECT SITE. C. MAINTAIN ALL TEMPORARY EROSION CONTROL DEVICES IN PLACE Tn UNTIL THE CONTRIBUTING DRAINAGE AREA HAS BEEN Ir Z STABILIZED. INSPECT TEMPORARY EROSION CONTROL DEVICES w ON A. WEEKLY BASIS AND AFTER EACH I/2" OR MORE RAIN ,d EVENT, CLEAN OR MAINTAIN THESE DEVICES AS NEEDED TO BE Cy EFFECTIVE REPLACE DETERIORATED. DAMAGED OR ROTTED z 0 EROSION CONTROL DEVICES IMMEDIATELY. O. REMOVE ALL SOILS AND SEDIMENTS DEPOSITED ONTO PUBLIC ¢ z AND/OR PRIVATE PAVEMENT AREAS WITHIN 24 HOURS OF Er 0.1 DEPOSITION. REMOVAL OF TRACKING MATERIALS SHALL BE COMPLETED AT THE ENO OF EACII WORK DAY WIIEN IT ' OCCURS. SWEEPING MAY BE ORDERED AT ANY TIME IF CONDITIONS WARRANT E. PERFORM SITE REMOVALS, GRADING. EXCAVATION AND EMBANKMENT. SEED AND MULCH ALL DISTURBED AREAS 0L OUTSIDE OF PROPOSED PAVEMENT AND BUILDING AREAS WITHIN 72 HOURS OF THIS WORK, N F INSTALL BUILDING AND BITUMINOUS PAVEMENT SECTION FINE GRADE SITE AND RESTORE GREEN AREAS WITH PERMANENT ¢ w VEGETATION PER LANDSCAPE PLANS. G. STORMWATER BMP5 SHALL NOT BE EXCAVATED TO FINAL a 0 GRADE UNTIL CONTRIBUTING DRAINAGE AREA HAS BEEN w cn d CONSTRUCTED AND FULLY STABILIZED. H. REMOVE ALL TEMPORARY EROSION AND SEDIMENT CONTROL Z d DEVICES AFTER SITE HAS UNDERGONE FINAL STABILIZATION aS AND PERMANENT VEGETATION HAS BEEN ESTABLISHED WITH AT IP LEAST 70% COVERAGE Q ❑7 ;�..W IY W d REVIEW PLAN c z NOT FOR CONSTRUCTION UY of River Members Present: Council Liaison: Meeting of the Elk Rimer Parks and Recreation Commission Held at the Elk River City Hall Wednesday, November 14, 2018 Chair Andersen, Commission members Ahlness, Holnagren, Niziolek, Rathbun, Soltvedt, and Williams 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 I. 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 10l3/ 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 floodphun 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 November 14, 2018 Page 2 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 fiuther south near the proximity of the proposed interchange of 1 G7d' Avenue and Highway 169. Moved by Commissioner Nixiolek 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. b. Discussion Items — None I x i R E I I T NATUREI 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`h 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 wayhnding 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 ftuther business, Chair Anderson adjourned the meeting of the Elk River Parks and Recreation Commission work session at 7:52 p.m. Minutes neevated bi/Dawn Larson. Dave Anders(th. Chair Tina Allard, City Clerk FIIEIE1 11 NATM Daniel J. Andersen Briggs Companies 633 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 Daniel J. Andersen Briggs Companies 633 Upland Ave, Elk River MN EL4k==: River anft= - 13065 Orono Parkway Elk River, MN 55330 January 14, 2019 Sun Rae Apartments, LLC Attn: Dan Anderson 633 Upland Ave NSA, Suite C Elk River, MN 55330 VIA EMAIL: dj(a thebriggscompanies.com 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: 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 dot lines sbown on the revised plans This information is contained witbm 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 Rwwalk Apartment site should be sufficient for emergency vehicle tuma round at the nortb end of Zane Street. Afire /mck turningplan can be submitted separately to 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 revulsedplans and updated plat show a 30'trail easement beAveen the Riven alk Apartrrrent and the Lodge sites. Easement is not shown on either plat. P0WfR10 8 Phone: 763.635.1000 INATUREE] www.EE1kRiverMN.gov 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 `Power drive" has been removed firm the preliminag plans and a 30'trail easement has been added. Easement has not been added to either plat. 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 frill be completed daring the construction documents phase. Access agreement can be a condition of approval — prior to recording plat. b. 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 archaecturalplans trill be coordinated to match. The south garage entrance as shorn on the rendering sketch does not Bvork for the existing site conditions; hence the arcchitectural plans grill match the site plan in this instance. Updated elevations and rendering-. are required. The minimum parking setback is 10' from property lines. If the deviation is to be a part of the PUD, please specify a setback distance. Include the proof -of -parking locations for Elk River Lodge in site plans for this project.. The minmium parking setback as shown on the plans is 5' and will be part of the PUD. The existing parking stall counts far Elk Diver Lodge have not changed f vm prior submittals, a total of 67sta& (25 covered stalls and 42 surface stalls). Parking setback and stall counts will be noted in required PUD agreements. Plans identifying the portions of the Saxon building being removed should be submitted. An existing conditions plan is included with this submittal that shorts the proposed removals. Complete 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. Fhorplans trill be submitted separately that trill shoo• the relationship between the storage area and apartments with the square footage 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 are proposed as a PUD with a current ratio of 2.06 parking stalls per unit for the Riverwalk Apartments and 2.26 parking stalls for River Playa (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. Fiver PL a has been revised to Amp additional undergroundgarageparkung whin the pmposed building addataon 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. With a storage area f 18,670 SF, this results in a ratio of 1 staflper 2,500 .IF of storage area Submit floor plans identifiring residential and storage areas within the building. 13. Submit landscape plans for review and comment. This is a requirement for approval. Landscape plans avill be submitted separately. Landscape plans have not been submitted. 14. Submit lighting plans for review and comment. This is a requirement for approval. .iae lightingplans wolf 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 sulamittal Architectural elevations have not been submitted. 16. include proposed sign -age on site plans and elevations. Tiae proposed signage u shoran on the sate 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 ma a Grasspavae system similar to the Rivenvalk Apartments The updated site plan does not satisf r 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 original Certificate of Surny, and is shown on the Prehminary 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 Wirth easements between the two properties wll be completed during the construction documentsphase. 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 slang the proposed lot Braes air included in the ptrhminaay and final pl,11Y. 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 parallelparking. Angle�iarking may be perr�ritted ors any street by ordinance of the council. Can 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 angle of approximately 45 degrees. C)n all other sheets, cars shall heparkedparallel to the curb or edge of the roadway in accordance with law. These parallel parking stalls arr requested as part of the PUD. The request roust be approved by the City Council. 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 tl)e north end of the Saxon building ryas for the connection when it bad a septic system. During the construction documents phase, it will be determined if this sanitary service is still necessary. If it 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 prelirrrinarygradingplan has been revised to shoran .spot elevations on the Riverwalk Apartmmentr site. Additional spot elevations, prrposedgrades and contours will be included an the construction documents for both projects Fullgrading plans are required. 7. Proposed contours must be shown in all areas. Additional spot elevations, prrposedgrades 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 Grafpave areas w1l be included in the construction documents for bath projects; Curb andgutter in these areas u proposed to lie surmountable (MnDOT D412). Full grading plans (with contours) are required. Need to reestablish the capacity and functionality of the existing storm water pond below bluff. It seems the proposed access drive is conflicting in location. The existing storaavaterpond baton• the blsJrwill be expanded and redesigned to meet the City s current stormwater requirements The proposed access drive has been remomd Complete 10. Detail the design of the retaining walls along south side of project. The proposed landscape retaining avails (less than 4' high) =11 be design -build and w1l be included in the consftaion documentspbase. 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 sbox the Riveravalk Apartments site aahng w1b the River Plaza (Saxon Apartments) site. Construction documents for bothprojects wit be submitted separately after Pl]D approval. Updates required. 12. Show all proposed grades in dark solid lines. Proposed spot elevations and pond contours are shown an dark solid lanes 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 utilityplans. 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. The preliminary plans and stormwater analysis, design and report have been reva`.sed to meet the current stormuwer management requimwentr. Additional stormwater informa ion (MIDS results, storm server suing calculations, etc.) ni11 be included in the construction documentspbase. 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 haze been aspdated with pre and post hardcover calculations for both projects and the stommater report has been revised to match. The proposed storrnwater basin will work together for both pra� jean The existing/proposed hardcover calculations show a reduction. Staff cannot verif}, these numbers. please the hardcover numbers. Within the stormwater report, include pre and post for volume and water quality treatment. The stormwater report has been revised to include this informa4ion. 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. 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. G. Submit soil borings and infiltrometer tests for all proposed infiltration basin areas. Ageotechnical report ryas completed in 2017 for this site but does not include the area be%w the blu�f (where the infiltration basin is proposed) or the area between the existing parking lot and the Elk Fiver Lodge site. This rtport will be amended to include soil borings in these areas and submitted separately. Staff will review these documents once they have been submitted. Submit soil borings for the proposed infiltration basin (within proposed area) in order to identify water baring soils. The infiltration basin details roust 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 forgmundwater separation. Staff will review these documents once they have been submitted. 8. Stormwater pre --treatment is required prior to any proposed infiltration basins. Storarawaterpre-treatment will be provided rising manhole sum ps and sued using the 141IDS calculator during the construction documents phase. Staff will review these documents once they have been submitted. The plans show a basin bottom of 861.00 but the stormwater report lists 860.00. This needs to be addressed. The prr�posed infiltration basin will have a sloped bottom f vm 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 prelirninag 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, Hydra 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 it 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 &vshng storm sewer pape because there 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 corrrpleted 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 contour, grades andflow arroms =11 be included in the construction documents Pipe slopes are shown on the pre,6minary 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 andproposed roof drainage will be directed to locations of the Duna -Slope french connectiaras. More detailed information will be included in the constmcdon documents for each prao jea.. 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 stoner sewer system for the Fjmiwalk Apartmentspm as inclarcled 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 terra maintenance plans for allpmposed stormwater BMPs will be completed during the construction documentsphase. Staff will review these documents once they have been submitted. 18. Submit full M1DS report. fI fullMIDS report will be corn feted during the constmaion doer ments pl e. Staff will review these documents once they have been submitted. 19. Staff reserves the right to continue review of all site, grading and utllityplans. 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 rioted 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 impertrious surfaces to 25010 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 f nw 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 faave been updated with pre and past hardcover calculations for bath 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 fate 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 inthin the 100 foot setback, from the 100 year base flood elevation boundary is the expansion of the existing stormmater basin below the bluff The existing bluff will be protected and monitored by an independent testing company during constmaion, A awland detemaination was corrrpleted for this site with no wetlands identi,erl Height restrictions for both fthe pmposed buildings wri11 be met. If hardcover is proposed within 45 feet of a suspected wedand, a wedand 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 determined 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 MnDDT 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 DEPARTMENT OF NATURAL RESOURCES January 11, 2019 City of Elk River Planning Commission 13055 Orono Parkway Elk River MN 55330 Ecological and Water Resources Division 1035 S Benton Dr. Sauk Rapids, MN 56379 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 1 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 lames.bedeil@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 February 19, 2019 Page 4 Moved by Councilmember Westgaard and seconded by Councilmembet 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. 7.5 River Walk Apartments — 17354 Zane Street A. Right -of -wary Vacation: Zane Street B. Simple Plat: River Walk C. Zone Change to Planned Unit Development D. Conditional Use Permit to Planned Unit Development Mr. Leeseberg presented the staff report on behalf of Planning Manager Zack Carlton. Mayor piety 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 fora 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 plans. 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. Councilinember 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 greai. benefit to the residents of the community. Councilmcmber 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 NATURE City Council Minutes February 19, 2019 ----------------------------- I'age 5 Conditional Use Permit establishing a Planned Unit Development to the April 15, 2019, Council meeting. Motion carried 5-0. 8.1 Resolution for Finding of Fact: Conditional Use Permit Request by ResCare Minnesota Mr. Beck provided summary of the historyjtimelincs 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 lays 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 can die matter. Councilmember Westgaard stated he felt the applicant met the conditions and struggles to find reasons not to approve it. Councilmember Dvall stated he reviewed this matter deeply and he thanked everyone for their assistance. He stated initially this seemed like a straightforward case for lum 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 hair 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 citt° if their application is denied. He stated 'NATURE] io 140- ........... j69 jo 140. 1J.5 - OZ NVA WW- VA-Aw '16 9S 6 r if l City Council Minutes Page 7 December 16, 2019 9.2 Park Dedication Mr. Carlton presented the staff report. Attorney Beck presented background on park dedication limits. He noted not many cities have gone through the effort Elk River did to get to a number that complies with constitutional requirements. He added in his experience our approach is as development friendly as any other city with a few exceptions. Pat Briggs, Briggs Companies, handed out and reviewed his development projects. Mayor Dietz asked Parks and Recreation Commission Dave Anderson to weigh in on how the city accepting Mr. Brigg's 12 acres of land to reduce his park dedication would benefit the parks. Chair Anderson indicated the Parks and Recreation Commission reviewed the request twice and did not come up with a good enough use for the land and instead requested the park dedication be paid in cash. He stated they could review the request again but he's not sure the decision would change. Councilmember Westgaard questioned how many of the 12 acres is floodplain. Mr. Carlton stated 9.6 acres is in the flood plain. The Council expressed concern with accepting flood plain as park dedication. Mr. Briggs explained he envisions the area be used for a wild and scenic use and he is not interested in bringing pedestrian traffic to private property. Councilmember Christianson questioned what the city can do to work with the developer to develop this vacant property. Attorney Beck explained the Council can waive whatever requirements they wish but in order to not set precedent, the Council should outline good, rational findings in a resolution. Mr. Briggs stated he is very interested in putting together a joint venture with the city to create a win -win for everyone. He has concerns with ruining the wildlife area by creating a walking path. He stated he is not interested in owning property with a trail due to risk management and would like the city to own and police the property if they insist on putting a trail in. Council consensus was to schedule this item for an upcoming City Council meeting night with a light agenda to allow ample time for discussion. Mr. Portner indicated staff should be able to add to a January meeting. 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? Portner, Cal From: Westgaard, Matt Sent: Monday, January 20, 2020 7:30 PM To: Portner, Cal Subject: RE: 52339A18 Cal, Could you please forward my comments for Tuesdays meeting on to the rest of the Council for their consideration during Tuesday evenings discussions. 8.1: Naming Rights: As previously stated, I think the council should consider engaging one of these consultants to develop the framework for securing opportunities for not only naming rights but all options of advertising etc. I don't believe we have staff that is experienced with this type of promotion nor has the time to dedicate to developing and maximizing our opportunity here. We have an opportunity to secure some funding for this facility to offset the expense of operating. All three firms show specific experience with like and kind facilities. After review of the attached proposals my instinct would be to lean favorably toward the Front Burner Sports Group based on their team, experience and fee structure. 9.1: Park Dedication Fees: I believe our PD fee schedule is well substantiated in structure as to how we determined the rates for each tier. I don't believe we should or are compelled to provide any concessions. The only area I feel we could provide some relief would be on the High Density rate after a certain threshold was achieved or on a graduated scale or a cap after a certain dollar amount. To be more specific; The impact of a 40-unit complex is vastly different than the fee impact of a 300-unit complex. It's a drastically different dollar amount and can understand how it becomes significant for a developer. 9.2: Religious uses in the FAST area: Based on my own contemplation without your dialogue, I am not in favor of allowing them in the district. We made an exception several years ago for an educational use that has proven to be more challenging than ever imagined and would strongly oppose allowing it again unless there was further dialogue and discussion with Staff, Planning and Existing Businesses. I hope this is helpful input for your discussion, and again my apologies for the scheduling error on my behalf and not being able to attend. Sincerely, Matt Park Dedication Background ■ 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 Development Fees ■ Fund impacts/improvements resulting from an increased demand on existing systems due to development. ■ SAC/WAC, Stormwater ■ Park Dedication — more users in the park system ■ Only pays for "new" ■ Cutting development fees directly impacts the city's ability to fund increased demand for services. Park Dedication Calculation Increased demand on system Assumptions for Park Dedic n 2.82, 1.80, and 1.58 verage Household size for City of Elk River (based on 2014 ACS Data) 0.03 ores 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 med density 1.80 x 0.03 high density 1.58 x 0.03 Cash dedication required low density 0.0846 x $ 16,855.00 med density 0.0540 x $ 19,922.00 high density 0.0474 x $ 103,313.00 0.0846 acres of land per residential unit 0.054 acres of land per residential unit 0.0474 acres of land per residential unit $ 1,425.93 cash dedication per residential unit $ 1,075.79 cash dedication per residential unit $ 4,897.04 cash dedication per residential unit Previous rate $3,712/unit RiverWalk Park Dedication ■ Assuming a 200 unit residential development (possible comm.) ■ Land Dedication — 9.48 acres ■ Cash Dedication — $944,016.00 (with credit for existing) ■ Park dedication not paid with previous plat/use ■ Park and Rec Commission recommended a trail easement. ■ Park plans do not identify a park in the development area RiverWalk Park Dedication (cont.) ■ Owner proposed dedicating — 12.2 acres of land to satisfy dedication requirements. ■ Approximately 80% of dedication proposal in floodplain ■ Dedicated land should be buildable —2.3 acres ■ Proposal by owner to reduce dedication by half and dedicate trail easement. ■ Reduced from $944,016 to $472,008 ■ Add tiered dedication schedule or a cap for multi -family developments. r11 �;\ �wrnr•n�awaro T \\ i aA n aK; i t1 TRACT B' "W\ en,w I 1 \ i 3!25 yl 1 N, O , Fr. �reAw FRou aurr sc,PACR - , „m, OFVAlDAP nocP 101, y\ Q ` 3 r, l_.0 PROPOSED �u:SHS� I I I APARTMEN 6NIDINO I M34.038 , \ FFE-SWD.OD CO OFc-M.SD 11 5ym 'ggg ' 0 \\ uow0' 1 y I 11 \\` • r mSZ W Ir� m "'I nO �DDf/Ef/� V .......... • xa(RAwa� 1 .�/ �:•` 999 Y •� j �A doh ERH 5 II Wb� O ;fig �FP WOODED g N�� $2co A ` B-F`aieA° 1- �l TRACTRD ZO•r, Nyo V \ lirI I Wte ya.yo mo>fl \� a o uor �'�e•.�� 1� I i a 7_IO nm NC ADO j • \ �. 1' ' • * O OQ,B so-z D I �� 1 i PROPOSED 4-510RF rw, APARTMENT m OO.�-jj A-M2M S r JB9 o gas 4• ', 1'i I - z Fwo ' yp y pF 5g. N yr•1 • TM hF &Ufs� -1 �11 • al%M S r m ZF I 1 m City Comparison Residential Cash Dedication Requirement Base cash dedication rate $3,500/unit exceed 12+ units/acre exceed 20+ units/acre fee for all densities fee for all densities Min. fee or 10% land value % of land value (appraisal) fee for all densities fee for all densities $2,775/unit $2,550/unit $3,500/unit $1,968/unit $2,500/unit 11% $31200/unit $3,156/unit 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 $ 846,826.17 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 $ 685J08.66 Estimated useable area for Park/trail 1.5 7.98 $ 794,646.38