5.4. PCSR 11-23-2021 �� Request for Action
Elk
River
To Item Number
Planning Commission 5.4
Agenda Section Meeting Date Prepared by
Public Hearings November 23, 2021 Zack Carlton,Planning Manager
Item Description Reviewed by
Tall Pines 2,LLC— 18409 Line Avenue Chris Leeseberg, Senior Planner
■ Conditional Use Permit Establishing a PUD, Reviewed by
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 Conditional Use Permit
establishing a residential Planned Unit Development (PUD),with
the following conditions:
1. A PUD Agreement shall be developed and signed by both
parties prior to issuance of a building permit.
2. Streets and access must comply with MN State Fire Code -
U
Chapter 5 and Appendix D. " CR 33
3. Provide detail connections to sewer and water systems and
ensure the watermain is looped.
4. Staff approval of all site,utility, engineering, and landscaping X
plans. RR
5. Hydrants must be spaced to ensure all portions of a
residence are within 250 feet of a hydrant. Hwy io
6. DNR approval of all wetland permits related to the proposed - CR iz
wetland fill. `
7. A homeowner's association must be established, subject to k,
review and approval of the city attorney, and shall be '
responsible for all,landscaping, snow clearing, and regular
maintenance of private drives and driveways. y
8. Adjacent homes shall not be the same color.
69
9. No more than two of the same facade design/details shall be
adjacent to one another.
10. Provide a trail connection from the end of the private cul-de- Figure i
sac to the trail along the west side of Twin Lakes Road or to the development to the north.
11. Mailboxes shall be clustered and located on the private street.
12. Construct a sidewalk from the south side of the entrance to Tall Pines PUD second addition to
the south side of the project area.
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
13. Staff approval of a landscape plan with additional screening along the southern lot line to buffer
the commercial use.
Recommend,by motion, approval of the Preliminary Plat of Tall Pines Third Addition P.U.D
1. Council approval of the update to Conditional Use Permit (CU 21-08).
Background/Discussion
Earlier this year,the Planning Commission reviewed a PUD and Preliminary Plat for the project to be
known as Tall Pines Third Addition. That project was approved by Council and the applicant was seeking
to complete the conditions of approval. During that process, some challenges in the design were
identified and the applicant is now looking to receive approval of a new design for the same site,which
now looks very similar to the second addition,located immediately north of the subject site.
The applicant,Roger Derrick with the Tall Pines 2,LLC,is proposing to develop 2.5 acres along Line
Ave with 14 residential townhomes. As noted above,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 property is currently zoned Business Park (BP), and a zone change to support the
proposed Planned Unit Development was reviewed by the Planning Commission and approved by the
City Council earlier this year.
Comprehensive Plan
The Comprehensive Plan guides this area for Mixed-Residential Uses, supporting the proposed residential
townhome subdivision.
Site Plan
The 14 townhome lots are laid out along a single loaded 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
developer must 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 and the back property lines. A system of catch
basins collect the water and convey to the stormwater pond on the east end of the project area.
Stormwater collected in the streets is directed to the proposed stormwater pond. All homes will be served
by city sewer and water.
Landscaping
The updated proposal does not include a landscape plan, but staff review and approval of the plan is
required. In addition to the standard landscaping requirements outlined in the ordinance, staff
recommends additional plantings between the private street and the south property line to provide a
vegetated buffer between the residential and commercial uses.
Applicable Regulations
Conditional Use Permit/PUD
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
�. mill not endanger, injure or detrimentally affect the use and enjoyment of otherproperty 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 with the Comprehensive Plan.
The property is guided for mixed-residential 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 disposal, mater and server systems,parks and schools;and will not, in particular,
create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares.
The use will be served adequately by and will not adversely affect essential public facilities and services
including streets,police and fire protection,drainage, refuse disposal,water and sewer systems,parks
and schools; and will not,in particular, create traffic congestion or interference with traffic on adjacent
and neighboring public thoroughfares.
5. 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 wedand 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 coVywith 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 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 mill 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 allon.,ed in a PUD shall be limited to land uses consistent n.,ith the city's comprehensive plan and land
use map, and to those uses identified in the concept plan for the PUD Zoning district and the conditional use
permit for the PUD.
The Comprehensive Plan and land use map guide this area for mixed-residential uses,which
includes townhomes.
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 nrithin 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.
S. 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 consistent with 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, avater, sanitary seaver 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.
8. The council may establish varied and reasonable lot area,frontage, sideyard, and setback requirements for a
PUD and may authorize a density n hich it determines to be appropriate under the circumstances.Any permitted
density shall be consistent n.,ith the city's comprehensive plan and not adversely affect the public health, safety and
n�,elfare.
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 authorised by the council.
Unless othern ise permitted by the council, a PUD shall comply n ith 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.
7.The proposed subdivision is consistent n ith the honing 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 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 tomprebensive 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 water supply, storm drainage, sewage transportation,
erosion control and all other services,facilities and improvements otherwise required in this article.
The subdivision includes public utilities and stormwater infrastructure that meets city requirements.
Additional permits required to comply with erosion control standards are a required and must be
secured prior to building permit issuance.
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 not premature.A subdivision is premature if any of the following exists:
a. Lack of adequate stormwater drainage.
b. Lack of adequate roads.
c. Lack of adequate sanitary sewer systems.
d Lack of adequate off-site public improvements or support systems.
The subdivision is not premature as the above conditions have been provided for.
In reviewing the standards for approval of a Zone Change, Conditional Use Permit,Planned Unit
Development, and Preliminary Plat,the proposed project meets the standards, and is recommended for
approval with the outlined conditions.
Financial Impact
None
Council Meeting
If acted on, this item will go to the December 20, 2021, City Council meeting.
Attachments
■ Location Map
■ Applicant's Narrative
■ Site Plans and Preliminary Plat
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Tall Pines 2, LLC
350 W Burnsville Parkway suite 515♦ Burnsville, MN 55337♦ 952.830.0161 ♦ Fax: 952.830.1320
Tall Pines Third Addition
Supplemental Narrative October 25, 2021
Tall Pines 3 (we will be naming it"Evergreen") requires the site layout to be substantially changed. As you recall, due to
the narrowness of the site,the townhouse site plan needed to have the road near the boundary with town house lots
perpendicular to the road,only on one side. Or,we thought a better option was to show the road down the middle of
the site, with a new townhome design that was very shallow, but very wide along the road. Either way, there would be
14 townhomes in the project. That design was submitted and approved previously. Unfortunately,the grading would
necessitate substantial alterations that we feel would be too expensive to implement and would require the removal of
trees along the southerly boundary that we promised to preserve. The alterations required would be 400 feet of
retaining walls up to 10 feet high along the back yards of the south lots and additional storm sewer system at the
bottom of the retaining walls to divert the water draining from the hills so the homes would not be flooded. Keeping
the grades as high as possible, so the above problems would not be worse, would require a substantial amount of fill,
which would need to be trucked in. As you can imagine, these problems make that design unworkable. Our alternative
design shows the road near the south property line. All 14 homes will be Bridgeport and Hampton designs, which are
the same designs we have built in West Oaks,Tall Pines 1 and are under construction in Tall Pines 2. The buildings will
be slightly larger and will have walkout basements. This site plan will not require fill to be brought in nor extensive
retaining walls constructed. The storm sewer system located in the street would be sufficient so no new storm sewer
system would be required. In conclusion, many of us like the original plan better, but it is not feasible! This plan is also a
good plan and it works better financially and environmentally.
Thank you for your consideration
(-R
)rce rric
612-644-3724
Chief Manager
Tall Pines 2, LLC
Attachments:
• Preliminary Plat Application
• Conditional Use Permit Application
• Site Plan
• Building photograph, elevations &floor plans
• Application Check (original mailed)
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