5.1. PCSR 09-27-2022 Request for Action
To Item Number
Planning Commission 5.1
Agenda Section Meeting Date Prepared by
General Business September 27, 2022 Zack Carlton, Community Development Director
Item Description Reviewed by
Briggs Companies – Parcel ID# 75-134-2305 Chris Leeseberg, Senior Planner
Conditional Use Permit for a Planned Unit
Reviewed by
Development (Jackson Hills Phase II), Case No.
CU 22-17
Action Requested
Postpone action on the Conditional Use Permit application to
the October 25, 2022, Planning Commission meeting.
Background/Discussion
The applicant has submitted a Conditional Use Permit to support
development of three 44-unit apartment buildings. The project
will be developed in multiple phases and building designs and
layouts will look similar to the first phase of Jackson Hills,
constructed in 2018.
Planning Commission Discussion
The Commission reviewed the application during their August
23, 2022, regular meeting and had numerous questions regarding
the proposed project and development. Two residents also spoke
during the public hearing and expressed concerns on a handful of
topics.
Soil Suitability
The subject site is in an area of the community with poor soils
that are not immediately suitable for construction. To ensure the
site is buildable, the applicant has been working with a qualified
consultant to prepare a geotechnical analysis and
recommendation for the proposed improvements. The consultant, Independent Testing Technologies
(ITT), completed the analysis for the first Jackson Hills Building and monitored the required soil
remediation. Staff’s recommended conditions would require the applicant to work directly with ITT
during construction to ensure their recommendations are satisfied. Issuance of additional building permits
should also require submittal of a final report from ITT indicating the site has been properly prepared for
development.
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
Public Utilities
The Commission asked about the capacities of the existing public utilities to adequately serve the three
proposed buildings. The property has been guided for high density residential uses since the first round of
discussions with The Mississippi Connections Plan in 2006/2007 and long-term infrastructure plans have
taken the development goals into account. The engineering department has reviewed the proposal and
does not have concerns with the capacities of the existing trunk utilities as they relate to this project.
Land Use Guidance
As noted above, the subject site has been guided for high density residential uses since the mid-2000s.
Initial discussions state a goal for high density residential uses abutting Lion’s Park. Although the current
Comprehensive Plan moves away from explicit guidance provided by The Mississippi Connections Plan,
the site continues to be guided for Multifamily uses. The plan notes these areas include higher density
apartment and/or condominium complexes in a master planned setting with open space and recreational
amenities. The sites’ location abutting Lion’s Park and near downtown and the schools is an appropriate
fit for higher density residential uses.
Traffic and Circulation
The remaining concerns discussed during the August meeting revolved around traffic and the impact of
the proposed project on the local road network. The applicant has engaged a local consultant to prepare a
memo which would be reviewed by city staff to aid in a recommendation to the Planning Commission.
The first draft of the traffic memo was received on September 20, 2022, and staff provided a number of
comments for improvements and additional analysis the following day.
The updated memo has not been received and until staff has had an opportunity to review the memo
cannot recommend moving the application forward to the City Council. At this time, staff recommends
discussing any additional questions or concerns and postponing action to the October 25, 2022, regular
meeting of the Planning Commission. The statutory review period has been extended and will
accommodate a subsequent Council review in November.
Financial Impact
None
Council Meeting
If acted on, this item will go to the October 17, 2022, City Council meeting.
Attachments
Planning Commission Packet dated August 23, 2022
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
Request for Action
To
Planning Commission
Item Number
4.4
Agenda Section
Public Hearings
Meeting Date
August 23, 2022
Prepared by
Zack Carlton, Community Development Director
Item Description
Briggs Companies – Parcel ID# 75-134-2305
Conditional Use Permit for a Planned Unit
Development (Jackson Hills Phase II), Case No.
CU 22-17
Reviewed by
Chris Leeseberg, Senior Planner
Reviewed by
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. Staff approval of landscape and lighting plans.
3. All utility meters shall be on an elevation of a building that
does not face a public right-of-way.
4. The developer shall provide evidence that any long-term
dewatering will not be detrimental to the stormwater
system.
5. On-site soil mitigation must be monitored by a certified
professional and building permits will not be released until
a final report has been provided to the city.
6. Water service pipe over 2-1/2” in size shall be ductile
iron.
7. Hydrants shall be spaced so that all portions of a building
or residence to be protected are within a 250-foot radius
of a hydrant. Final review will be made by the Fire Chief
and City Engineer.
8. There are at least 8 existing water service stubs to this
property; all unused water services shall be shut off and
disconnected at the main, and the stop box shall be removed by a licensed plumber or licensed
sewer installer at the expense of the property owner.
Background/Discussion
The applicant has submitted a Conditional Use Permit to support development of three 44-unit
apartment buildings. The project will be developed in multiple phases and building designs and layouts
would appear like the first phase of Jackson Hills constructed in 2018.
The subject site is currently undeveloped and sits at a low elevation. A wetland delineation did not reveal
any existing wetlands, but the soils will be challenging for development.
Comprehensive Plan
The Comprehensive Plan guides this area for High-Density Residential uses, supporting the proposed
apartment development.
Engineering and Utilities
The new apartment buildings will connect to city services, and all stormwater/utility plans will require
approval from city staff.
Applicable Regulations
Conditional Use Permit/PUD
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
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.
Surrounding parcels are largely developed; uses include Lions Park, single-family homes, a religious
institution, and phase one of the Jackson Hills project. The proposed use will not detrimentally impact
the use and enjoyment of nearby properties.
2. Will be consistent with the Comprehensive Plan.
The property is guided for high-density residential uses, including apartment buildings. The use will be
consistent with the Comprehensive Plan.
3. Will not impede the normal and orderly development and improvement of surrounding vacant property.
The surrounding area is largely developed, and the additional use is taking advantage of a unique
parcel in the area. Although the development will require significant on-site soil mitigation, the use will
not impede the normal and orderly development of surrounding properties.
4. 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.
Staff has included a condition of the developer to verify long-term dewatering impacts, ensuring no
negative impacts to city facilities. With the included condition, 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. 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.
The proposed residential use will not involve uses, activities, processes, materials, equipment, or
conditions that will be detrimental to other properties.
6. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance.
The site is a large, undeveloped, low-lying area with unstable soils not meant for development. To
create a buildable site, the project will require significant on-site mitigation of soils. To address these
concerns, staff has included a condition requiring independent review and testing by a certified
professional. There are no natural or historic features of importance in the surrounding area.
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 conditions included in the recommendation for approval along with the deviations approved with
the PUD agreement will ensure the subdivision will fully comply with all requirements of this code
and the agreement.
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 for the PUD.
The Comprehensive Plan and land use map guide this area for high density uses, which includes
apartment buildings.
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.
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 city parks, single-family homes, religious institution, and an apartment
building. Staff does not identify undesirable impacts on adjacent land uses. 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, water, sanitary sewer and drainage systems.
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.
8. The council may establish varied and reasonable lot area, frontage, side yard, 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. All
deviations will be outlined in the required PUD agreement.
9. More than one principal building may be constructed on a lot within a PUD if authorized 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.
In reviewing the standards for approval of a Conditional Use Permit and Planned Unit Development 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 September 19, 2022, City Council meeting.
Attachments
Location Map
Applicant’s Narrative
Site Plans
Building Elevations
Jackson Street Apartment Narrative
To construct a New 44 unit, 3 story Apartment Building in 2024, 2026,2028 each
phase will include 4---Studios, 13-- 1 Bedroom Suites, 9-- 2 Bedroom Suites, 8—
2 Bedroom Suites/w/Den, and 10—3 Bedroom Suites. 44 Total Units. 1st floor
exterior façade would include 6” EDCO Steel siding & Cultured Stone on the
North, East and West elevation. Maintenance free decking. 44 Covered parking
stalls and 47 Uncovered parking stalls which is a total of 91 stalls/44= 2.1 stalls
per unit. landscape design to be completed once civil plans are approved. as as a
condition of Final PUD. The comprehensive plan is zoned PUD.
Proposed objectives are to Design, construct a family orientated multifamily
apartment building close to Employers, schools and downtown businesses to
accommodate the changing housing environment.
Thank you for giving us this opportunity to work with and be a part of The City of
Elk River Housing Efforts.
Patrick Briggs
612-919-1561-pat@thebriggscompanies.com
Jackson Street Apartments Amenities
1. Washer/Dryer hook-ups in every unit
2. Fitness Room
3. Community Room with kitchen, tables, furniture & Wi-Fi
4. Theater Room
5. Resource Center
6. Arts & Crafts Room
7. Elevator
8. 10 foot ceilings with vaulted ceilings on 1st floor
9. Stainless Steel Appliances
10. Designer Lighting
11. 2 panel doors with Brush Nickle hardware levers with Key Fob access entrance doors
12. Controlled Entry
13. Surveillance throughout entire community
14. Onsite Management
15. Package Receiving
16. Outside Patio
17. Outdoor Seating
18. Heated Parking
19. High Speed Internet
20. Balconies
21. Car Wash
22. Pet Wash Station
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