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7.6 SR 06-07-2021it ci Elk* River Request for Action To Item Number Mayor and City Council 7.6 Agenda Section Meeting Date Prepared by Public Hearings June 7, 2021 Zack Carlton, Planning Manager Item Description Reviewed by West Oaks LLC and Heritage Maples Senior Cal Portner, City Administrator Reviewed by Living LLC — Broadway on 10 ■ Conditional Use Permit to Establish a Planned Unit Development ■ Preliminary Plat —Broadway on 10 Action Requested Open the public hearing, receive testimony, and continue the public hearing to Tuesday July 6, 2021. Background/Discussion The applicant proposed a multi -family residential development north of the West Oaks Subdivision. The site previously was the subject of a residential PUD and is already zoned as such. The application package includes a CUP to modify the existing PUD and establish the residential use, and a preliminary plat to create one parcel for the proposed apartment building, and 24 townhome lots. The proposal is an 88-unit apartment building and 24 townhome units. To support the additional traffic load, the developer will extend the frontage road through a dedicated ROW connecting the neighborhood to the west providing an additional access point to Highway 10. Planning Commission The Planning Commission held a public hearing on May 25, 2021, and yet received a large amount of public testimony regarding potential traffic %g concerns. The Commission delayed action on the CUP and Preliminary Plat to their June 22, 2021, regular meeting and asked the developer to = _ complete a traffic study for their review. Figure I With a recommendation from the Planning Commission on June 22nd, staff will bring the item forward to the City Council for consideration during the first meeting in July. Financial Impact None The Elk River Vision P O E R E U s Y A n elcoming community avith revolutionary and spirited resourcefulness, exceptional [NATURE service, and community engagement that encourages and inspires prosperity. Updated. August 2020 Mission/Policy/Goal ■ Support residential growth in the community. ■ Opportunity to live, work, and play Attachments ■ Planning Commission packet dated May 25, 2021 Request for Action ver To Item Number Planning Commission 5.5 Agenda Section Meeting Date Prepared by Public Hearings May 25, 2021 Zack Carlton, Planning Manager Item Description Reviewed by West Oaks LLC and Heritage Maples Senior Chris Leeseber , Senior Planner Reviewed by Living LLC — Broadway on 10 ■ Conditional Use Permit to Establish a Planned Unit Development ■ Preliminary Plat —Broadway on 10 Action Requested Recommend, by motion, approval of the Conditional Use Permit (CUP) establishing a residential Planned Unit Development (PUD) with the following conditions to satisfy the standards set forth in Section 30-654: ` f 1. A PUD agreement shall be approved by the City Council and lJ - signed by both parties prior to the issuance of building permits u CR33 for any building within the project area. 2. The field road access to Highway 10 shall be removed and vacated in accordance with MnDOT standards. 3. All comments noted in the staff comment letter dated May 7, RR 2021, shall be addressed prior to sending the PUD agreement ` to the City Council for approval. • Hwy 10 CR 12 Recommend, by motion, the Preliminary Plat for Broadway on 10. Background/Discussion The applicant has proposed a multi -family residential development P� north of the West Oaks Subdivision. The site had previously been the by subject of a residential PUD and is already zoned as such. The application package includes a CUP to modify the existing PUD and establish the residential use, and a preliminary plat to create one parcel for the proposed apartment building, and 24 townhome lots. Figure i _ The proposal includes an 88-unit apartment building and 24 townhome units. To support the additional traffic load, the developer will extend the frontage road through a dedicated R/W that connects with the neighborhood to the west providing an additional access point to Highway 10. The Elk River Vision rNATUREE] I 1 E I E I s A avelcoming community With revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and insires pro perity. Updated. August 2020 Comprehensive Plan The Comprehensive Plan guides the property for High Density residential uses, and has been scheduled for high density uses since first being re -zoned to PUD. Transportation connections are of concern, but the project is consistent with the Comprehensive Plan. Site Plan Submitted plans identify an L-shaped apartment building on the north half of the site. The apartment includes a parking lot with access to a service drive on the east side. The building includes underground parking and access to the garage is also located on the east side of the building. The only public street access will be from a single driveway that serves the apartment building and the townhomes. The townhomes are clustered in 2 and 4-unit buildings south of the apartment complex. Each unit has access to the private drive. The southern and eastern end of the site includes wetlands, stormwater ponds, and existing vegetation. There is also a sidewalk along the south side of the new street that connects to the existing network. Parking The apartment includes 88 units and according to city ordinances this requires 220 parking stalls — 88 of which need to be covered. Plans include 91 covered stalls and 71 surface stalls, for a total of 162 spaces. The applicant has provided a breakdown of parking counts per unit, including 2 stalls for the larger units and 1.5 stalls for the 1 BR and studio units. Based on recent approvals, the unit counts appear to reflect what has worked in Elk River, but the Planning Commission may require additional proof of parking stalls up to 176 stalls, which would provide an average of 2-stalls per unit. The townhomes are located on a 24 foot wide private street and are setback 25-30 feet. The longer driveways provide opportunities for up to 4 vehicles per unit (2 in the garage and 2 on the driveway). A typical street width is 36 feet wide and allows parking on one side of the street, the private street will need to be signed no parking to allow parking on one side of the street. Landscaping The submitted landscape plans meet ordinance standards for tree counts and includes detailed plans for the townhomes on the southern half of the project. Applicable Regulations In approving a Conditional Use Permit, the council may impose such specific conditions with regard to the development or operation of the proposed use as it considers necessary to satisfy the seven standards set forth in Section 30-654 and the requirements contained in this article and to promote compatibility with and minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city. Conditional Use Permit The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 1. mill not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the city. The project site has been targeted for high -density residential uses and abuts townhome developments to the south. The additional units will add traffic to the nearby city streets, and an additional exit is being added to provide an alternative route for the development. Staff does not see a need to impose specific conditions to satisfy this standard. 2. WIN be consistent with the comprehensive plan. The use is consistent with the comprehensive plan. Staff does not see a need to impose specific conditions to satisfy this standard. 3. WIN not impede the normal and orderly development and improvement of surrounding vacant property. The properties abutting the site are fully developed, and there is one remaining lot to the east with additional development potential. Development of that lot will provide a third access point to this area of the city. This project will not impede the normal and orderly development of surrounding vacant property. Staff does not see a need to impose specific conditions to satisfy this standard. 4. Weill be served adequately by and will not adversely affect essential public facilities and services including streets, police and fare protection, drainage, refuse disposal, water and server systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. Traffic is a concern for the West Oaks neighborhood to the south of the project area. While the development does add an additional access to Highway 10, the Planning Commission could require a traffic study in order to gain a better understanding of anticipated traffic patterns. The buildings will connect to city services, contribute to the park dedication fund, and has not requested financial assistance. Aside from the potential traffic concerns, the project will not adversely affect essential public facilities. The Planning Commission should consider whether a traffic study is appropriate to evaluate impacts to existing city streets. 5. WIN not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. Again, traffic is the biggest concern under this standard. The project will not involve uses or activities that will be detrimental due to noise, smoke, fumes, glare, odors, dust or vibrations. The Planning Commission should consider whether a traffic study is appropriate to evaluate impacts to existing city streets. 6. Weill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. While there will be significant grading on the site, the wetland delineation has been approved and plans show adequate provisions will be made to protect the wetland areas within the subject site. The use will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Staff does not see a need to impose specific conditions to satisfy this standard. 7. Wlill fully eovpywitb all other requirements of this Code, including any applicable requirements and standards for the issuance of a license orpermit to establish and operate the proposed use in the city. As this project will be developed as a PUD, there are certain standards that will deviate from the ordinance as written. These changes will be documented in a PUD agreement, which will be approved by the City Council. Staff does not see a need to impose specific conditions to satisfy this standard. Preliminary Pla City ordinance section 30-375 outlines the required findings for approval of a Preliminary Plat. 1. The proposed subdivision is consistent nvith the ,oning regulations (article VI of this chapter) and conforms in all respects with all requirements of this Code, including the honing regulations and this article. The proposed subdivision requires approval of a CUP. Provided the CUP/PUD is approved, along with the recommended conditions, the proposed subdivision is consistent with all zoning regulations. 2. The proposed subdivision is consistent nrith all applicable general and specialiTed city, county, and regional plans, including, but not limited to, the city's comprehensive development plan. The subdivision is consistent with all applicable plans. 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility toflooding, and drainage are suitable for the type and density of development and uses contemplated. The physical characteristics of the site support the proposed use. The wetlands and any potential impacts are under review and must comply with any all state and local standards. 4. The proposed subdivision makes adequate provision for neater supply, storm drainage, sen age transportation, erosion control and all other services, facilities and improvements otherm'se required in this article. The subdivision includes public utilities and stormwater infrastructure that meets city requirements. Additional permits required to comply with erosion control standards are a required and must be secured prior to building permit issuance. 5. The proposed subdivision Y411 not cause substantial environmental damage. The subdivision will not cause substantial environmental damage. The proposed subdivision nrill not conflict nrith easements of record or with easements established by judgment of a court There are no conflicts with easements of record. 7. The proposed subdivision mill not have an undue and adverse impact on the reasonable development of neighboring land. The proposed subdivision will not impact reasonable development of neighboring land. 8. The proposed subdivision is notpremature. A subdivision is premature if any of the follonving exists: a. Lack of adequate stormwater drainage. b. Lack of adequate roads. c. Lack of adequate sanitary server systems. d. Lack of adequate off -site public improvements or support systems. The Planning Commission should consider whether a traffic study is appropriate to evaluate impacts to existing city streets. If denial of the CUP or Preliminary Plat should occur, it shall accompany recommendations or deterininations by findings or a report stating how the proposed use does not comply with the standards set forth in the ordinance. Financial Impact None Mission/Policy/Goal ■ Support residential growth in the community. ■ Opportunity to live, work, and play ■ Meet changing needs - Agile Attachments ■ Location Map ■ Applicant's Narrative ■ Site Plans ■ Architectural Plans/Elevations ■ Staff Comment Letter dated May 7, 2021 s. 10�41�6-02 75-13i2�1 3 1 U 16-018 0 1. d . r q. t1-4i s 23 0 { 4 1 _ _ r ir f 76-21 ale r At ML Of S 7. 5 -RAO 9-0145' 100 CAAks LLCIO - Club -a Case No: P 21-05 ` lii I l It. & oLn itiolial Us Peen-ilt River 0 r �' IIMI ■/ � aN IPA. a } ✓ ` ` SUBMITTED TO City of Elk River 13065 Orono Parkway Elk River, MN 55330 ree.- �: suer 6:A- NG MEMO 9 �P y� m � YEARS 'p •eeee• PREPARED BY Landform Professional Services, LLC 105 5" Ave S, Suite 513 Minneapolis, MN 55401 Landform®, SensiblyGree n® and Site to Finish® are registered service marks of Landform Professional Services, LLC III ❑r I rill TABLE OF CONTENTS Introduction..................................................................................................................................................1 ConditionalUse Permit.................................................................................................................................1 PreliminaryPlat.............................................................................................................................................2 Summary....................................................................................................................................................... 2 ContactInformation......................................................................................................................................2 Introduction On behalf of the Broadway at 10 site, Landform is pleased to submit this application for conditional use permit and preliminary plat approval to allow a planned unit development which contains an 88-unit multi -family apartment building and 24 villa homes. Our development plan includes a public roadway on the north side of the site with a private drive to serve the multi -family apartment and villa homes. The improvements also include parking, sidewalk, landscaping, stormwater and utilities. We are excited about the improvements proposed for this site. Conditional Use Permit We are requesting City approval for a conditional use permit for a planned unit development as allowed by Section 30-1564(c)(3). We have reviewed the request in accordance with City ordinance standards in Section 30.654 and find that the ordinance standards have been met. Specifically: 1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. The proposed planned unit development won't negatively affect the use or enjoyment or neighboring properties. The proposed uses are compatible with surrounding properties with the multi -family apartment is set in the center of the site with the single-family villa homes adjacent to the existing townhome development to the southeast to provide a transition between uses. 2. Will be consistent with the comprehensive plan. The proposed planned unit development is consistent with the comprehensive plan 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. The proposed planned unit development is surrounded by developed properties and will not impede the improvement or redevelopment of these properties. Will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. The proposed planned unit development will be served by public facilities and services. The development will not overburden or adversely affect these public facilities or services. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. Broadway on 10, Elk River, MN April 26, 2021 CHU200013I2 1 The proposed planned unit development will not include uses that will be detrimental to others or contain an excessive amount of traffic, noise, smoke, fumes, glare, odor, dust or vibrations. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. The proposed planned unit development has only a minor impact on the existing wetland to provide access into the site. The majority of the wetland will remain undisturbed as a natural feature for the enjoyment of the residents. 7. Will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. The subdivision will comply with most of the applicable zoning and subdivision standards however, there are a few areas where the plans will require flexibility from the standards as part of the planned unit development. The areas we have identified that require flexibility are: a. A 24-foot wide private drive where a 32-foot public street is required and b. 90 enclosed parking spaces and 69 surface parking spaces where 88 enclosed parking spaces and 132 surface parking spaces are required. This maintains the enclosed parking stall requirement and asks for flexibility from the surface parking requirement. We believe the parking and drive aisle is adequate for the proposed mix of uses. As we continue to refine the layout and site design based on city comments and feedback, additional flexibilities may be identified. Preliminary Plat We are also requesting approval of a preliminary plat to create one lot for an 88-unit multi -family apartment building and 24 lots for villa homes. Summary We respectfully request approval of the Conditional Use Permit and Preliminary Plat to allow for a multi -family apartment and 24 villa homes served by a private drive. Contact Information This document was prepared by: Kevin Shay Landform 105 South Fifth Avenue, Suite 513 Minneapolis, MN 55401 Any additional questions regarding this application can be directed to Kevin Shay at kshay(cDlandform.net. or 612.638.0228. 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TO BE A,7,�,D T FoRp`N­ I 'ED NS, .NTI N T-8 N A 1U. — I ON Top =lloLTL�E_ 8DE,�DoNPL,�,.�R8p�F�=OIIE�..�EEPE�01 IA 1-11-01LBILL CONIFEROUS TREE PLANTING No ��ALE BROADWAY INVESTORS 11, LLC WEN=AVE EAST SAINT TEL 0LY of Efl*k=�-.— River' BROADWAY ON 10 ELK RIVER, MN PRELIMINARY PLAT AND CUP May 20, 2021 L A N D, F 0 K M F—Sb-11M S. ffi lo, A,A TO 6-52EA070 0 6 16 32 9 FEET 'aMro RrnWbk Swme[y Pawl Area Mrc3 508 552 STUDIO 383°/. ]40 ]90 940 '/90 31 IBR % 878 938 896 9" 991 L049 181RR+DEN 20% I,0]9 1,142 1,158 1,222 1,163 1,243 1.348 IA26 3a SRR 39 mED: 91 ]1 162 L84 CARS PER UNIT L33 CARS PER SLEEPING ROOM 1GET: 2.0 CAR9 PER MIT 1111 1.5 CARS PER UNIT= 50 CARS L5 CARS PER MIT = 5 CARS 159 CARS REF H S A H T URG N] (ao�m;�n�Ea�o1M[ ws OS-10-MD, BROADWAY ON TEN APARTMENT BUILDING GARAGE PLAN UNIT MIX mrrewn ®zm, niaam[� 2101EIt �"" AO woo BROADWAY ON TEN APARTMENT BUILDING FIRST FLOOR PLAN 0 8 16 32 9 FEET BROADWAY ON TEN APARTMENT BUILDING SECOND FLOOR PLAN mrrewn ®ma, REF H 0 8 16 32 9 FEET BROADWAY ON TEN APARTMENT BUILDING THIRD FLOOR PLAN mrrewn ®ma, REF H 0 B 16 32 M FEET BROADWAY ON TEN APARTMENT BUILDING ROOF PLAN REF H � Ol «f § % "* \ \ EE EEL w�:� � � >� � �� F� ,. G w _ 9 & k : \ r � � �� 1�^/� s � � hij LOWER LEVEL MAIN LEVEL I 'L -------------- ------------- 7�.��� 0 8 16 32 64 FEET UPPER LEVEL QUADRUPLEX DUPLEX 1 -7 dFil BROADWAY ON TEN TOWNHOME PLANS -® -1 ��i City of EIk ;z,; River 13065 Orono Parkway Elk River, MN 55330 May 7, 2021 Landform Kevin Shay 105 South Fifth Avenue, Suite 513 Minneapolis, MN 55401 VIA EMAIL: kshay@landform.net RE: Conditional Use Permit and Preliminary Plat — Broadway on 10 Dear Mr. Shay, Thank you for your applications for a Conditional Use Permit (CUP) and Preliminary Plat to develop a multi -family residential project. I will be reviewing your application and preparing the staff report for the Planning Commission and City Council. On April 26, 2021, the city received your application for the above use. Per state statute 15.99, the city is required to act within 60-days of receiving a complete application. Subdivision 3 of that section requires the city to notify an applicant within 15 business days if information is missing, delaying the start of the 60-day review period. A city may extend the 60-day review period up to 120 days to complete the review. With the receipt of the additional materials on April 28, 2021, your applications have been deemed complete, and the 60-day review period starts. The application has been assigned Case Numbers CU 21-10 and P 21-05 and is scheduled to be reviewed by the Planning Commission on May 25, 2021, at 6:30 p.m. at the Elk River City Hall, 13065 Orono Parkway. With a Planning Commission recommendation on that date, the City Council will review your application on June 7, 2021. Staff conducted a thorough site plan review on April 3, 2021, and has the following comment. 1. Provide a fire apparatus turning movement diagram to verify fire department access. 2. Developer will need to coordinate relocation of the overhead Connexus power line prior to developing the townhome product. 3. Provide a landscaping plan for the townhome product. Use the following standards as a basis for the plan: httgs://EbraLy.municode.com/mn/elk river/codes/code of ordinances?nodeId=COOR CH30LADERE ARTVIZO DIV6REDI SDIINGE S30-994TODI 4. Parking standards are not met, staff notes the parking outline in the plan set and will discuss with the Planning Commission. Approval of the deviation will be noted in the PUD agreement. 5. Submit a lighting plan for review. 6. Extend sidewalk from Yankton to the west along Business Center Dr to west property line. Phone: 763.635.1000 NAWREJ www.ElkRiverMN.gov 7. Replace 12" CMP with 12" RCP across Business Center Dr. 8. Stormwater management needs to meet NPDES and city stormwater ordinance. 9. Filtration basin 2 would be city owned and requires access for maintenance. Other basins will be privately owned and maintained. 10. Ensure all EOF elevations are correct. Basin 1 appears to be a typo. 11. Freeboards between EOFs and low floors must be at minimum 1 foot. 12. Add catch basins just outside of private street entrance to gather storm water for treatment on site. 13. Grades must be less than or equal to 3:1. 14. Wetland delineation approved in 2020 and shown on site plan. Road extension on north shown as wetland impacts. Wetland impacts have not yet been applied for or reviewed by the TEP via Wetland Conservation Act (WCA) requirement. All structures must meet the 45' wetland setback and this area should be within a D&U easement (at least first 25' setback). Currently only wetland boundary is within D&U. Stormwater ponds may not be located within delineated wetlands. 15. There are two dead end watermains shown in the utility plan: one in the parking lot circle and another in the cul-de-sac; no dead-end mains shall be constructed, all watermains shall be looped. If we need additional information, we will let you know. Let me know if you have any questions. Sincerely, Zack Carlton, Planning Manager Ph: 763.635.1035 zcarlton e,ElkRiverMN.gov