4.1. PCSR 07-27-2021 �� Request for Action
Elk
River
To Item Number
Planning Commission 4.1
Agenda SectionFimuly
eeting Date Prepared by
Public Hearings27, 2021 Zack Carlton,Planning Manager
Item Description Reviewed by
Tall Pines 2,LLC— 18409 Line Avenue Chris Leeseberg, Senior Planner
■ Zone Change from Business Park (BP) to Reviewed by
Planned Unit Development (P.U.D.), Case No.
ZC 21-03
■ Conditional Use Permit Establishing a PUD,
Case No. CU 21-09.
■ Preliminary Plat of Tall Pines P.U.D. Third
Addition, Case No. P 21-08
Action Requested
Recommend,by motion, approval of the zone change from
Business Park to Planned Unit Development (PUD),with the
following conditions:
1. A PUD agreement be approved by the City Council prior to
recording the Zone Change.
Recommend,by motion, approval of the Conditional Use Permit " CR 33
establishing a residential Planned Unit Development (PUD),with
the following conditions:
1. A PUD Agreement shall be developed and signed by both z
parties prior to issuance of a building permit. RR
2. Streets and access must comply with MN State Fire Code
Chapter 5 and Appendix D. Hwy io
3. Provide detail connections to sewer and water systems and CR 12
ensure the watermain is looped.
4. Staff approval of all site,utility, engineering, and landscaping
plans.
5. Hydrants must be spaced to ensure all portions of a �P
residence are within 250 feet of a hydrant. �w
6. DNR approval of all wetland permits related to the proposed j
wetland fill.
7. A homeowner's association must be established, subject to
review and approval of the city attorney,and shall be Figure
responsible for all,landscaping, snow clearing, and regular maintenance of private drives and
driveways.
The Elk River Vision
A Y�elcoming community nvith revolutionary and spirited resourcefulness, exceptional P D w E A E D D Y
service, and community engagement that encourages and inspires prosperity ,g /` UR
8. Approval of an updated landscape plan
9. Adjacent homes shall not be the same color.
10. Provide a trail connection from the end of the private cul-de-sac to the trail along the west side of
Twin Lakes Road or to the development to the north.
11. No more than two of the same facade design/details shall be adjacent to one another.
12. Mailboxes shall be clustered and located on the private street.
13. Construct a sidewalk from the south side of the entrance to Tall Pines PUD second addition to
the south side of this project area.
Recommend,by motion, approval of the Preliminary Plat of Tall Pines Third Addition P.U.D
1. Council approval of the related Zone Change (ZC 21-03) and Conditional Use Permit (CU 21-08).
Background/Discussion
The applicant,Roger Derrick with the Tall Pines 2,LLC,is proposing to develop 2.5 acres along Line
Ave with 14 residential townhomes. The project will be similar to the previous two Tall Pines
subdivisions, also developed by Roger Derrick, south along 183Td Circle, and immediately to the north of
this site. The Planning Commission and City Council both reviewed a concept for this project earlier in
the year and generally supported the proposed townhome project. The property is currently zoned
Business Park (BP), and a zone change to support the proposed Planned Unit Development is required.
Comprehensive Plan
The Comprehensive Plan guides this area as Mixed Use which allows a mixture of housing, jobs and/or
retail services uses within close proximity to each other. The area also provides another setting for high
density residential land uses. The proposed use and rezoning to a residential PUD is supported by the
comprehensive plan.
Site Plan
The 14 townhome lots are laid out along a single private street with access from the west to Line Ave.
Each home will have driveway access to the private street, and no additional access points to public
rights-of-way are proposed. The street design meets townhome standards for a private drive,but the city
will verify the fire department access.
There is an existing wetland in the center of the project area. The applicant submitted an application to
the city,which includes reviews from the state,to fill the wetland. Approval of that permit is included as a
condition of approval for this project.
The existing drainage pond east of the site will be utilized for stormwater management. City ordinances
also require a 45-foot minimum setback for structures around wet stormwater ponds to facilitate water
quality best management practices.
Engineering and Utilities
Properties are graded to direct runoff to the private streets,which collect stormwater via catch basins, and
to the rear of the property. Stormwater collected in the streets is directed to the proposed stormwater
pond. All homes will be served by city sewer and water.
Landscaping
The proposed landscape plan shows several trees along the private streets, and between the townhomes.
The plan also shows the required shrubs for each townhome. Additional screening along the south
property line is recommended.
Applicable Regulations
Zone Change
In revien ing a proposed amendment, consideration shall be given to existing conditions within the area directly and indirectly
affected by the proposal, the conservation of property values, the use to which the property affected is being devoted at the time,
and relevant provisions, if any, in the land use plan.
The proposed use complies with the guidance provided in the land use plan.
Conditional Use Permit/PUD
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
1. 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 residential use will not detrimentally affect the use and enjoyment of adjacent properties.
However, the residents of the future townhomes may be impacted by the existing commercial facility
directly south of the subdivision. Preservation of existing vegetation and additional landscaping are
recommended along the south property line to mitigate these impacts.
2. mill be consistent nvith the Comprehensive Plan.
The property is guided for mixed use where residential uses are permitted. The use will be consistent
with the comprehensive plan.
3. mill not impede the normal and orderly development and improvement of surrounding vacant property.
This is the last remaining undeveloped parcel in the area and the project will not impede normal
development of the area.
4. mill be served adequately by and will not adversely affect essential public facilities and services including streets,police
and fire protection, drainage, refuse di posal, mater and sewer ystems,parks and schools;and will not, in particular,
create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares.
The use will be served adequately by and will not adversely affect essential public facilities and services
including streets,police and fire protection,drainage, refuse disposal,water and sewer systems,parks
and schools; and will not,in particular, create traffic congestion or interference with traffic on adjacent
and neighboring public thoroughfares.
5. mill not involve uses, activities,processes, materials, equipment, and conditions of operation that will be detrimental to
any persons or property because of excessive traffic, noise, smoke,fumes,glare, odors, dust or vibrations.
The proposed residential use will not involve uses, activities,processes,materials, equipment, or
conditions that will be detrimental to other properties.
6. mill not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance.
The project proposes to fill an existing wetland on the east side of the site. The applicant has applied
for all required permits and is moving through the mandated review process. Approval of that
application is included as a condition of approval.
7. mill fully comply with 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.
The conditions included in the recommendation for approval will ensure the subdivision will fully
comply with all requirements of this code.
Additionally, Sec 30-1564 describes the standards for establishment of a PUD district.
1. Land will be Zoned into the PUD Zoning district only upon approval of a concept plan for the PUD,pursuant
to the procedure set forth in this section.A PUD will be authorized on land in a PUD Zoning district only upon
issuance of a conditional use permit,pursuant to the procedure set forth in this section.
A Conditional Use Permit will be issued in accordance with the above standards.
2. The uses allowed in a PUD shall be limited to land uses consistent with the city's comprehensive plan and land
use map, and to those uses identified in the concept plan for the PUD Zoning district and the conditional use
permit far the PUD.
The Comprehensive Plan and land use map guide this area for mixed use,which includes
residential uses.
3. The area of land to be included in a PUD shall be in uniform control of the applicant.
The applicant will be in control of all parcels prior to recording the CUP and plat.
4. A PUD shall be designed to form a desirable unified environment within its proposed boundaries, including
uniform design elements, landscaping lighting and signage.
The PUD is designed as one project with uniform design elements throughout the project area.
5.A PUD shall not cause undesirable impacts on adjacent lands and land uses. In particular, uses on the PUD
perimeter shall be compatible with adjacent uses outside the PUD.
Nearby land uses include single-family residential, commercial development, light manufacturing,
and a senior facility. All parcels are within the mixed-use area guided by the Comprehensive Plan.
The PUD will not cause undesirable impacts on adjacent lands and land uses.
6. A PUD shall be served by adequate transportation, water, sanitary sewer and drainage ystems.
The project area will be served by public services and will not adversely impact transportation
networks within the area.
7. A PUD shall not adversely affect existing or proposed parks, schools, streets or other public facilities.
Existing public facilities are not impacted by the proposed project. However, the planned cul-de-
sac on Line Avenue will significantly reduce traffic near the entrance to this project.
S. The council may establish varied and reasonable lot area,frontage, sideyard, and setback requirements for a
PUD and may authorize a density which it determines to be appropriate under the circumstances.Any permitted
density shall be consistent with the city's comprehensive plan and not adversely affect the public health, safety and
welfare.
The proposal is consistent with densities described in the comprehensive plan, setbacks from
public rights-of-way, and design standards for similar developments within city code.
9. More than one principal building may be constructed on a lot within a PUD if author'.Zed by the council.
Unless otherwise permitted by the council, a PUD shall comply with the schedules of dimensional regulations set
forth in this article, except that individual lots shall have no less than 80 percent of the minimum area for similar
uses.
The project does not conflict with standards described in city code.
Preliminary Plat
City ordinance section 30-375 outlines the required findings for approval of a Preliminary Plat.
1.The proposed subdivision is consistent with the Zoning regulations (article VI of this chapter) and conforms in all
respects nrith all requirements of this Code, including the honing regulations and this article.
The proposed subdivision requires approval of a rezoning application. Provided the zoning is
amended to PUD, and recommended conditions are included,the proposed subdivision is
consistent with all zoning regulations.
2.The proposed subdivision is consistent with all applicable general and specialised city, county, and regional plans,
including but not limited to, the city's comprehensive development plan.
The subdivision is consistent with all applicable plans.
3.The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to
erosion and siltation, susceptibility to flooding, and drainage are suitable for the type and density of development and
uses contemplated.
The physical characteristics of the site support the proposed use. The wetland impacts will be
reviewed by the city and state through the established review process.
4.The proposed subdivision makes adequate provision for mater supply, storm drainage, sewage transportation,
erosion control and all other services,facilities and improvements otherwise required in this article.
The subdivision includes public utilities and stormwater infrastructure that meets city requirements.
Additional permits required to comply with erosion control standards are a required and must be
secured prior to building permit issuance.
5.The proposed subdivision will not cause substantial environmental damage.
Again,wetland impacts are under review, and approval of those impacts is included as a condition
of approval.
6.The proposed subdivision will not conflict with easements of record or with easements established by judgment of a
court.
There are no conflicts with easements of record.
7.The proposed subdivision will not have an undue and adverse impact on the reasonable development of neighboring
land.
The proposed subdivision will not impact reasonable development of neighboring land.
8.The proposed subdivision is notpremature.A subdivision 1.spremature if any of the following exists:
a. Lack of adequate stormwater drainage.
b. Lack of adequate roads.
c. Lack of adequate sanitary sewer systems.
d. Lack of adequate off site public improvements or support ystems.
The subdivision is not premature as the above conditions have been provided for.
In reviewing the standards for approval of a Zone Change, Conditional Use Permit,Planned Unit
Development, and Preliminary Plat,the proposed project meets the standards, and is recommended for
approval with the outlined conditions.
Financial Impact
None
Council Meeting
If acted on,this item will go to the August 16, 2021, City Council meeting.
Attachments
■ Location Map
■ Applicant's Narrative
■ Site Plans and Preliminary Plat
■ Building Elevations and Floor Plans
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Tall Pines 2 LLC
350 W. Burnsville Pkwy.,#515♦ Burnsville, MN 55337♦ 952.830.0161 ♦ Fax: 952.830.1320
Tall Pines 3 P.U.D.
Narrative June 2021
Tall Pines 3 (we are thinking we will name it "Evergreen") will consist of 14 one-level detached townhomes
fronting on Line Avenue situated between our Tall Pines 2 development and Abra Auto Body. Our Cambridge
design is unique for townhomes because it has the long side along the road instead of front to back (like the
usual townhome design). The site is quite narrow, so we either have to build our road along the edge if we
want to build the same designs as Tall Pines 1 and 2, or we can place the road in the middle of the site and
build the Cambridge design, which is very shallow from front to back. In either case, we would have 14 lots,
but the Cambridge is upscale and will give buyers an opportunity to upgrade their home selection. The
Cambridge will be priced in the $400,000 range, depending on upgrades and options chosen. The homes will
be slab-on-grade and will include the sunroom as standard.
This site has more than its share of challenges, which I will list below together with our proposed solutions:
• Narrowness of the site: This requires the land development cost to be double per home because the
road would either be one-sided or in the case of the Cambridge, the lots will be more than twice as
wide as usual. We are hoping to make up part of that shortfall with the pricing of the upgraded design.
• Gas/electric blanket easements: We will work with the gas and electric companies to define their
blanket utility easements to the front of the property. Their easements now cover the entire property.
The resulting electric easement will still be extra wide, requiring our buildings to be farther away from
Line Avenue than normal.
• Ponding: Fortunately, we can use our existing pond at Tall Pines 2, so there would be no need to dig a
pond on the site.
• Sewer and water hookups: There is no sewer in Line Avenue, so a developer would need to run the
sewer along the Line Avenue boulevard down to the 183rd Avenue intersection. The water looping
would be more complicated since it would have to come from the far end of our new road in back of
the lots down to Line Avenue and then down the boulevard down to 183rd Avenue. Fortunately, we
own the adjacent property, so we will connect both sewer and water to Tall Pines 2.
• Wetlands: There is a small isolated wetland on the property, which again limits development. We are
going through the legal process to fill the wetland and purchase wetland credits.
Tall Pines 3 Narrative
June 2021
Page 2
We have been working on each of these issues individually and hope to have all of them resolved soon so we
can exercise our option to purchase the property and begin development yet this year. We are excited about
building Tall Pines 3. It will give the community a premium housing opportunity.
Thank you for your consideration.
TALL PINES 2 LLC
Roger Derrick
Chief Manager
Attachments:
1. Land Use Amendment
2. Zone Change
3. Conditional Use Permit
4. Preliminary Plat
5. Photo and Floor Plan of Cambridge
6. Property Legal Description
7. Preliminary Plat and Engineering Documents Sent Electronically by Bogart Pederson
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