5.1.-5.4. HERITAGE MAPLES 1-10-2006
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Item # 5 . 1. - 5.4.
MEMORANDUM
TO:
Planning Commission
Scott Harlicker, Senior Planner ~
FROM:
DATE:
January I 0, 2006
SUBJECT:
Case No. LUOs-Os, ZCOS-03, CUOS-172 and P 05-16,
Request for a Land Use Amendment, Zone Change, Conditional
Use Permit and Preliminary Plat (Heritage Maples)
Request
The applicant has requested the following:
. Land Use Plan amendment from CC (Community Commercial) to UR (Urban
Residential)
. Zone Change from C3 (Highway Commercial) and R3 (Townhouse District) to
PUD (planned Unit Development)
. Conditional Use Permit for the PUD
. Preliminary Plat for a 52 unit townhouse development
60 Day Rule and 120 day Rule
At the November 2151 City Council meeting, the applicant agreed to an extension of the 60 -
Day Requirement for the Land Use Plan amendment, zone change, conditional use permit
and preliminary plat to January 17,2006.
Location
The project is located between the West Oaks subdivision and Highway 10, East of Big Lake
Township and west of Waco Street.
Zonin&/Land Use
. R3(Townhouse District) & C3 (Highway Commercial) / CC (Community Commercial)
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Heritage Maples
January 10,2006
Page 2
Attachments
Location Map
Development Plans
Townhouse Elevations
Air photo of area
Memo from the City Engineer, dated 10/13/05
Memo from the Environmental Technician, dated 9/29/09
Letter from the applicant
Minutes from October 17th and November 21 st City Council meetings
Overview
At their November 21 st meeting, the City Council postponed action on these items and
referred them back to the Commission for further review. The plans presented to the
Council had been revised since the Commission had reviewed them. The revisions were in
response to concerns the Commission had raised. This project will be presented to the
Council for their consideration on January 17th.
The applicant is proposing to develop 13.82 actes into a 52 lot townhouse planned unit
development. The topography of the site is rolling with medium tree coverage and a large
wetland complex. Most of the tree coverage is in the southwest and central portions of the
site. There is a power line easement and transmission line that crosses east to west across the
middle of the site. The site is bounded by Highway lOon the north, a 5 acre single family
parcel of the east, West Oaks development to the east and south and Big Lake Township to
the west. The southern part of the site, south of the power line easement, was included in
the West Oaks plat as an outlot.
Land Use Amendment
A land use amendment is required as part of this project. The northern portion of the
property is currently guided as CC (Community Commercial). The applicant is requesting to
change the land use to UR (Urban Residential). Given the surrounding residential land uses
and access, urban residential could be an acceptable land use.
Zone Change
A zone change is required as part of this project. Most of the property is currently zoned C3
(Highway Commercial). The southern portion, the area included as an outlot in the West
Oaks plat, is currently zoned R3 (Townhouse District). The applicant is requesting that the
zoning be changed to PUD (planned Unit Development). The applicant has provided a
narrative explaining why a zone change to PUD should be approved. The applicant could
develop the property as a townhouse development with an R3 zoning.
Conditional Use Permit
Townhouse Elevations
S:\PLANNING\Case Files\2005\P 05-16 Heritage Maples\P05-016PC1-10.doc
Heritage Maples
January 10,2006
Page 3
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A conditional use permit is required for the proposed PUD. As part of the CUP process a
review of the townhouse elevations is required. The exterior of the units are a mix of brick,
stucco, vinyl lap and shake siding. The elevations are approved as part of the CUP. For
comparison, it appears that the units comply with the R3 design standards.
Lots
All of the units have a minimum 20 foot setback from the wetland. All but three of the units
are setback 30 from the public right-of-ways. Along the service road, one unit is setback 14.6
feet and two are setback 24 feet. The units are setback 22 feet from the edge of the private
feet street. For comparison, 30 feet is the minimum setback requirement from private streets
and public right-of-ways in the R3 district. The units in the center of the project are very
close together. Along the front of the units there is about 10 feet between units. The net
density of the project, lot area minus wetland, is 4.32 units/acre.
Streets/ Parking
A service road is proposed along Highway 10 from Raven Lane in Big Lake Township to the
east boundary of this plat. The right of way for the service road is 60 feet. Yankton Street is
proposed to be extended as a public street from the north boundary of West Oaks to
intersect with the proposed service road. There is a private loop street through the center of
the site; 48 units will have access from this road, four units will have access from Yankton
. Street. Sidewalks are provided along all of the streets.
Four off street parking spaces are proposed for each unit, two in the garage and two in the
driveway. The private street is 28 feet wide; this is wide enough to allow on street parking on
one side of the street. No additional off street spaces are proposed. Yankton Street will be
32 feet wide, which will allow parking on both sides of the street.
Landscaping
The trees in the southwest corner of the site will be removed as a result of this plan. These
trees are the only trees on the site. The area was listed on the NRI with a qualitative rank of
C. This area is a remnant piece of the original wooded area that is now the West Oaks
development.
The proposed landscape plan includes 70 overstory trees and 87 evergreen trees. The
landscaping requirement for subdivisions is two trees per lot, one boulevard tree and one
front yard tree. The landscape plan includes 70 front boulevard/ front yard trees; based on
the subdivision ordinance 104 boulevard/front yard trees are required. Thirty (30) additional
streets trees should be planted along the service road. Eighty-seven evergreen trees are
proposed to provide screening within the site, along the service road and along the west
boundary of the plat, between the townhouses and the existing single family homes. Fifty-
seven ornamental trees are proposed as well as landscaping around the townhouses.
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S:\PLANNING\Case Files\2005\P 05-16 Heritage Maples\P05-016PC1-1O.doc
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Heritage Maples
January 10, 2006
Page 4
Preliminary Plat
A preliminary plat for 52 townhouse lots is being proposed. The plat includes platting
Yankton Street from the north boundary of West Oaks to intersect with the proposed
service road. The plat is consistent with the current site plan.
Grading, Drainage and Utilities
Grading, drainage and utility issues are addressed in the City Engineer's memo.
Park and Recreation
The Park and Recreation Commission recommended cash to meet the park dedication
requirements.
Recommendation
Staff recommends that the Commission recommend approval the applicant's request for a
Land Use Plan amendment from CC to UR based on the following findings:
1. The proposed amendment is appropriate for this site because the proposed land use
is compatible with the adjacent residential land uses.
2. The proposed amendment is appropriate for this site because it is accessed from
local streets that service residential neighborhoods.
Staff recommends that the Commission recommend approval the applicant's request
rezoning from C3 to PUD based on the following findings:
1. The proposed PUD zoning is consistent with the proposed land use of Urban
Residential.
2. The proposed PUD zoning is compatible with the adjacent single family residential
and townhouse zoning.
Staff recommends that the Commission recommend approval the conditional use permit for
the PUD with the following conditions:
1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED.
2. THE LANDSCAPE PLAN BE REVISED TO INCLUDE EVERGREEN TREES PLANTED 25 FEET
ON CENTER ALONG THE WEST BOUNDARY OF THE PROJECT AND OVERSTORY TREES
BE PLANTED 30 FEET ON CENTER ALONG THE SERVICE ROAD.
3. THE WETLAND ENHANCEMENT PLAN BE APPROVED BY THE TEP PRIOR TO ANY
GRADING ON SITE.
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Heritage Maples
January 10, 2006
Page 5
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Staff recommends that the Commission recommend approval of the preliminary plat with
the following conditions:
2.
3.
4.
5.
6.
7.
8.
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1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS
AND CONDITIONS OF THE PLAT APPROVAL PRIOR TO RELEASING THE PLAT FOR
RECORDING.
SURFACE WATER MANAGEMENT FEE BE PAID IN THE AMOUNT REQUIRED BY THE CITY
AT THE TIME OF FINAL PLAT PRIOR TO RELEASING THE PLAT FOR RECORDING.
THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION. DRAINAGE EASEMENTS
SHALL BE IN PLACE OVER THE WETLAND AND THE WETLAND MITIGATION AREAS.
RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND AND THE WETLAND
MITIGATION AREAS.
A THREE YEAR MONITORING REPORT ON THE WETLAND MITIGATION IS REQUIRED.
THE CITY ENGINEER'S COMMENTS BE INCORPORATED INTO THE PLANS.
STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES
A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE
COSTS OF THE PUBLIC IMPROVEMENTS.
UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY
THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT
COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR.
10. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID
PRIOR TO RELEASING THE PLAT FOR RECORDING.
11. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER
PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
12. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE
ISSUANCE OF BUILDING PERMITS.
13. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
14. ALL MAILBOXES BE CLUSTERED.
15. A TREE PRESERVATION PLAN BE APPROVED PRIOR TO RELEASING THE PLAT FOR
RECORDING.
18. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE
PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT
GRADING, COMPACTION, OR STORAGE OF EQUIPMENT, DEBRIS OR MATERIALS.
STAFF SHALL INSPECT FENCING PRIOR TO GRADING COMMENCING.
19. WATER ACCESSIBILTY FEES IN THE AMOUNT DETERMINED BY THE CITY BE PAID PRIOR
TO RELEASING THE PLAT FOR RECORDING.
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Heritage Maples
January 10, 2006
Page 6
20. ANY ITEM OR CONDITION FOUND THAT INDICATES THE SITE IS LIKELY TO YIELD
INFORMATION IMPORTANT TO PRE-HISTORY OR HISTORY SHALL BE REPORTED TO THE
CITY IMMEDIATELY. FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK
AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND
WORK IS AUTHORIZED.
22. THE DEVELOPER SHALL WORK WITH THE CITY ON AN OAK WILT SUPPREESION
PROGRAM. THIS PROGRAM SHALL BE APPROVED AND IN PLACE PRIOR TO ANY TREE
REMOVAL.
24. ALL COMMENTS CONTAINED IN REBECCA HAUG'S MEMOS DATED 9/13/05 AND
9/29/05 SHALL BE ADDRESSED.
25. PARK DEDICATION FEE IN THE AMOUNT APPLICABLE AT THE TIME OF FINAL PLAT
APPROVAL SHALL BE PAID FOR THE 52 UNITS.
S:\PLANNING\Case Files\2005\P 05-16 Heritage Maples\p05-016PC1-1O.doc
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13065 Orono Parkway
Elk River, MN 55330
October 13, 2005
File: 226-082P
Mr. Scott Harlicker
Senior Planner
City of Elk River
13065 Orono Parkway
Elk River 11N 55330
RE: HERITAGE MAPLES ADDITION
Dear Mr. Harlicker:
.
As requested we have reviewed the revised submittal package for the Heritage Maples
Addition as prepared by Schoell & Madson, Inc. The revised set of plans had a revision date
of October 11, 2005. These plans were submitted after a meeting with the developer's
representative and their engineer. Our comments will keep in mind our previous letters
regarding this proposed project dated August 15, 2005 and September 26, 2005.
A. Existing Conditions Plan
Our questions relative to the existing conditions plan were answered via a recent phone
call from the developer's representative.
· The Existing Conditions plan shows a 50-foot roadway easement adjacent to TH 10
that runs from the northwest comer to the southeast comer and through the comer
of the Beck property. The developer's representative indicated this easement does
not exist.
· There is also an area labeled "Existing Easement" adjacent to TH 10 that is
approximately centrally located in the property and appears to be 66 feet wide by 220
feetlong. The developer's representative indicated this easement is for access to the
two parcels. As such, it may need to be vacated as part of the platting process.
.
Phone: 763.635.1000
Fax: 763.635.1090
www.cLelk-river.ffill.us
Heritage Maples
October 13, 2005
Page 2
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B. Service Road
. The preliminary plat has been revised to show a 60-foot right-of-way for the service
road adjacent to TH 10. I have had a conversation with Terry Humbert, the
MnDOT Project Manager for TH 10 Inter Regional Corridor and he concurs that a
60-foot right-of-way should be sufficient for the future when improvements are
made to TH 10. At that time, the service road will act as a frontage road leading
traffic to various intersections along TH 10.
. There is an existing access to TH 10 that is noted to be removed in the Existing.
Conditions Plan. The final plat will need to provide access control along the entire
TH 10 frontage.
. The preliminary plat should acquire the necessary property from the Beck parcel to
continue the service road from the southeast corner of Heritage Maples over to the
old Waco Street alignment, ultimately coming out to the intersection of new Waco
Street and Business Center Drive. This will provide a direct connection for this
development to the signalized intersection at Waco Street and lli 10.
C. Preliminary Grading Plan/Preliminary Utility Plan
.
. This project in its current form has been presented to the Technical Evaluation
Panel (rEP). The TEP has approved the minor wetland filling.
. The project should provide a minimum 20-foot setback from the wetland boundary.
This 20-foot area should be a "no grading" and "no cutting" of any native
vegetation. On the most recent revision the developer has revised the plan to
provide the wetland buffer in all areas with the exception of near Building 42, the
service road, and the pond near Yankton Street. It should be noted that the ponding
area near Yankton Street has been discussed with the developer's representative and
determined that it is more important to provide adequate quality control for the
runoff than to provide the entire wetland buffer with a less than adequately sized
pond.
. Sanitary sewer alignment from the West Oaks Addition to Private Street A was
revised with the previous revision to provide all manholes in paved areas, however,
there is still a manhole in the driveway of Units 35 and 37. The City Sewer
Department will need to get its jet truck to this manhole at least once a year. The
truck fully loaded is in excess of 80,000 lbs. This driveway will need to be
constructed to support this weight.
.
. There is a similar water connection that has been moved to the same alignment as
the sanitary sewer. According to City policy, this water connection must be of
HDPE pipe with a valve at both ends and no service connections in between.
S:\PLANNING\Case Files\2005\P 05-16 Heritage Maples\10 13 05 engr's memo.doc
Heritage Maples
October 13, 2005
Page 3
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. It appears that an attempt has been made to provide the 40-foot wide drainage and
utility easement needed for these utility routings on Building Sites 37 and 40.
. Hydrant locations will be reviewed with the Fire Chief during the final plat review
process.
. Sidewalks are shown along the west side of Yankton Street, along the south side of
the service road, and around the internal portion of Street A. All sidewalk pedestrian
ramps must be constructed in accordance with MnDOT Detail7036F. The precast
panel should be red in color. Panels are to be submitted for approval prior to
installation.
. The area west of Lots 46 and 47 still appears to be too flat.
. . The storm sewer system has been revised slightly based on previous comments. The
concept of the storm sewer system is approvable. The detail of the storm sewer
calculations still needs to be reviewed.
. It appears that the pond contours have been revised to meet the City standard for
grading of pond areas.
.
. A MnDOT permit will be needed for ditch grading and culvert installation in the ill
10 right-of-way. Will MnDOT accept an increase in the lOO-year discharge from
1.79 CFS to 5.07 CFS?
. The Grading Plan shows filling under the power line. This will need to be reviewed
and approved by the power company.
D. Miscellaneous Items
. MnDOT has previously contacted the City of Elk River regarding the potential for a
Local Initiative Project to build the service road adjacent to ill 10. With Local
Initiative Projects, MnDOT participates in the funding. If the developers and
MnDOT are willing to proceed this way, the City could pursue a Local Initiative
Project for the construction of this service road. The City would need to be
involved, since MnDOT policies do not allow for these types of agreements with
individuals. It is unclear whether or not MnDOT would allow the project to proceed
and simply reimburse the City for the construction, if a Local Initiative Project were
approved.
.
. A portion of this project which is in Outlot A of West Oaks has previously been
assessed for trunk sewer and water. The remaining portion of the project has not. It
should be a requirement of the development that the portion not previously assessed
be assessed for trunk sewer and water at the current rate. The 2005 assessment rate
for trunk sewer and water is $7,163.87 per gross acre minus any delineated wetland
area that is not proposed to be filled.
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Heritage Maples
October 13, 2005
Page 4
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· This project will require an NPDES permit and a Storm Water Pollution Prevention
Plan (SWPPP). The submittal package should include a written text for SWPPP and
an exhibit showing where silt fence and other erosion methods would be utilized.
City policy requires that the SWPPP be signed by the owner, the engineer, and the
contractor.
If you have any questions regarding any of these comments, please call.
Sincerely,
~~
Terry J. ~~er, PE
City Engineer
.
.
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MEMORANDUM
TO:
Scott Harlicker, Senior Planner
Rebecca Haug, Environmental Technician f 7f'
FROM:
DATE:
September 29, 2005
SUBJECT:
Heritage Maples Plat - Environmental Issues
. On Sept~mber 2;8, 2005, Victor Pacheco, Mara Anderson and I met to discuss the
environmental issues in th~Heritage Maples Plat. [mp~cts in the buffer area were
discouraged since the City is proposing a wetland buffer ordinance with the purpose of
the buffer having an area that is not impacted. The use of rain gardens to minimize the
size of the drainage ponds was discussed to avoid impacts in the wetland buffer area.
Mara and [ gave Victor some names of communities that have incorporated rain gardens
and a few websites for installation, specifications, ecological benefits and cost
effectiveness.
Moving the proposed sidewalk along the Service Road to the West would avoid or
minimize wetland impacts, which is the purpose of the Wetland Conservation Act.
Also, since the project is serviced by a private drive, the idea "of making the drive a one-
way was brought up to allow for space to move the structures farther away from the
wetland. . Finally, since .the greatest impact is caused by two four-unit build.ings, Victor
acknowledged that by moving them to another lot, and/or replacing them with a
different style of building, impacts could be" minimized even further.
. I understand that this plat is going in front of the City Council for approval on October
.17, 2005. If you need any additional information from me prior to that meeting, please
feel free to contact me. Thank you.
. 6.6.
6.7.
6.8.
6.9.
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City Council Minutes
October 17, 2005
Page 9
Consider Resolution for Land Use Map Amendment to Change the Land Use from CC
(Community Commercial) to UR (Urban Residential) as Requested by New Century Land
Development. Public Hearing. Case No. LV 05-05
Consider Ordinance for Zone Change from C3 (Highway Commercial) to PUD (planned
Unit Development) as Requested by New Century Land Development. Public Hearing.
Case No. ZC 05-03
Request by New Century Land Development for Preliminary Plat (Heritage Maples), Public
Hearing. Case No. P 05-16
Request by New Century Land Development for Conditional Use Permit for Residential
Planned Unit Development. Public Hearing. Case No. CV 05-17
Staff report submitted by Senior Planner Scott Harlicker. Mr. Harlicker stated the applicant
is requesting a land use amendment, a zone change, a conditional use permit, and a
preliminary plat for a 52 unit townhouse development. He provided an overview of the
project. Mr. Harlicker stated the Planning Commission denied all the requests of the
applicant. Some members of the Commission felt the land use should remain commercial.
He stated the Commission wanted to continue these items so that many staff and
Commission issues could be addressed.
Acting Mayor Dietz stated he was in favor of this development if it was to be for senior
housing. He would like a condition added that the townhomes could only be for residents
55 and older.
Mr. Harlicker stated it could also be added to the PUD agreement.
Acting Mayor Dietz opened the public hearing on all four requests.
Victor Pacheco, applicant, representing New Century Land Development-Stated he
didn't want to bring the requests back to the Planning Commission because he believed they
wanted the zoning to remain commercial and it wouldn't matter how many changes he tried
to make. He stated there has been a lack of commercial interest in this parcel due to its
location, shape and wetlands.
Acting Mayor Dietz closed the public hearing on all four requests.
Councilmember Farber expressed concerns over the private drives in the plat. He stated
there are other senior housing developments in Elk River where the private drives cannot
handle vehicles such as garbage trucks and the residents must haul their garbage to the end
of drives.
Brad Stevens, Planning Commissioner-Stated the Commission was concerned about losing
the commercial aspect for this parcel but was willing to work with the applicant for the
townhome development. He stated the Commission had many concerns about the plat
including: the loss of a community center, high density, setbacks between buildings and near
wetlands, architectural improvements, and green space.
Mr. Pacheco stated there may have been a misunderstanding between himself and the
Planning Commission regarding the zone change. He stated the setbacks were garages that
were close together and not living spaces.
Councilmember Farber questioned why the Planning Commission felt the density of this
project was too high when the applicant appears to be under the city's requirements by half.
City Council Minutes
October 17, 2005
Page 10
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Mr. Stevens stated that because the townhomes were so close together and didn't meet the
setbacks to each other and the wetlands, the Commission felt the density was too high.
Discussion was held regarding the difference between city streets and private drives.
Acting Mayor Dietz questioned how the city could get the rest of the service road to Waco
Street.
Mr. Maurer stated there is one parcel of property (Beck property) that the service road needs
to cross to connect to Waco Street. He stated the city could have the developer make
contact with the Beck property owners to try and acquire enough property for the service
road. If they can't the city would need to use the power of eminent domain.
Acting Mayor Dietz questioned where the funds would come from to pay for the property
acquisition and the service road.
.
Mr. Maurer stated he believed the expense may be too much for the developer but noted
that they are the reason the road is needed. He stated if the developer is successful with the
property acquisition and installs the road, then the city could agree with some type of cost
participation. He stated another option is to have the developer pay $750 per townhome
unit to use toward the construction of the service road but they would still have to negotiate
with the Beck property owners for purchase and acquisition of land for the service road. He
stated MnjDOT may by willing to participate in construction through the Local Initiative
process.
Acting Mayor Dietz questioned if a community center had been in the plat at one time.
Mr. Pacheco stated that sometimes the builder will convert one of the units into a
community center for residents but felt for this development was too small to support it.
Councilmember Motin stated he was concerned about rezoning this parcel prematurely. He
stated there is not a lot of commercial property on the west side of town and felt tllere was a
need for it. He stated he didn't think the wetlands would make it difficult to develop
commercially. He stated he would like more information on the impact to adjacent
commercial properties. He stated that with all the residential development going on in the
area, the commercial property is needed. He stated the Council may want to continue these
requests. Councilmember Motin stated he would like to see revised drawings with the
comments of staff and the Planning Commission addressed.
Councilmember Gumphrey stated he would like to see the city take ownership of the private
streets due to the issues with other townhomes in Elk River. He stated the frontage road
should be connected to Waco Street.
MOVED BY COUNCILMEMBE FARBER AND SECONDED BY
COUNCILMEMBER MOTIN TO CONTINUE THE LAND USE
AMENDMENT, ZONE CHANGE, CONDITIONAL USE PERMIT, AND
PRELIMINARY PLAT FOR HERITAGE MAPLES TO NOVEMBER 21,2005.
MOTION CARRIED 4-0.
.
City Council :Minutes
November 21, 2005
Page 8
.
4. FIRE ACCESS LANE(S) SHALL BE APPROVED BY THE FIRE CHIEF.
5. THE BUILDING SHALL MEET ALL BUILDING CODES.
6. THE BUILDING SHALL MEET ALL FIRE CODES.
MOTION CARRIED 5-0.
Councilmember Farber stated the developer did a good job with making this development
not look like a typical strip mall.
Mayor Klinzing stated the developer has stuck to what they said they would do for this
project.
6.8. Request by Riverside Development for Preliminat;y Plat Extension-Hillside Estates 8th
Addition
Mr. Harlicker stated Riverside Development is requesting an extension of the preliminary
plat for Hillside Estates 8th Addition. He stated this will allow the developer to final plat the
remaining lots into the Eleventh and Twelfth Additions.
Councilmember Motin questioned how this would affect the current flooding issues in
Hillside.
.
Mr. Maurer stated he is working with the developer in resolving the flooding issues. He
stated the developer has been very cooperative and wants to remedy this situation:.
Discussion was held on how long to extend the timeframe.
MOVED BY COUNCILMEMBER FARBER AND SECONDED BY
COUNCILMEMBERGUMPHREY TO EXTEND THE PRELIMINARY PLAT
FOR HILLSIDE ESTATES 8th ADDITION FOR ONE YEAR. MOTION
CARRIED 5-0.
6.9. Resolution for Land Use Map Amendments to Change the Land Use from CC (Community
Commercial) to UR (Urban Residential). Requested by New Century Land Development.
Public Hearing-Case No. LU 05-05
Mr. Harlicker stated this item was continued from the October 17, 2005 City Council
meeting. He provided a brief review of the land use amendment requested by the applicant.
Mayor Klinzing opened the public hearing.
Daniel Leistico, 18627 144th Street, Big Lake-Stated he was in favor of the development if
it is still for the 55 and older community and is limited to one level housing. He is opposed
to extending the frontage road from his house over to Waco Street. He is also concerned for
approximately 30 trees he planted near the road in front of his house.
.
Victor Pacheco, applicant-Stated the property is not viable as a commercial lot due to its
site constraints and the market conditions.
City Council :Minutes
November 21, 2005
Page 9
.
Mayor Klinzing closed the public hearing.
Councilmember Dietz stated he would like to see this plat go back to the Planning
Commission for further review.
Planning Commissioner Leo Offerman stated there were some unresolved issues regarding
wedands, city engineer's comments not addressed, and nonconforming lots.
Mr. Clark stated a four-fifths vote was needed for the land use amendment and a
Councilmember suggested this item be continued to tonight until there was a full Council.
Councilmember Motin stated this item was also postponed so that issues mentioned in the
October 17, 2005 minutes could be addressed (commercial viability, impact to east property
owners, revised drawings that take into account staff/Commission/Council comments).
Mr. Pacheco handed out revised drawings and stated the site is difficult to develop
commercially as there are electrical easements through the property and the city would be
taking additional right-of-way for a frontage road.
Councilmember Farber questioned the amount of land use available for any commercial or
residential development.
.
Mr. Maurer stated he has reviewed the revised drawings and Mr. Pacheco has addressed
many of the issues raised by the Planning Commission. He stated many commercial projects
have power line and wedand issues that have been worked around.
Councilmember Dietz stated he would be voting against this project as the Planning
Commission did not get a full chance to review the plat. He stated he is not opposed to the
project.
Councilmember Gumphrey concurred.
Councilmember Farber concurred and stated the Planning Commission should be allowed
to have their concerns resolved.
Mr. Beck stated this item needs to be voted on by the City Council by November 24, 2005.
He stated the applicant would need to agree to an extension.
Mr. Pacheco questioned the issues. He stated he thought they were addressed with Planning
Commission and staff.
Mayor Klinzing explained to the applicant that the city needs his written approval to extend
the time frame on the land use amendment, the zone change, preliminary plat, and
conditional use permit. She stated the Council is not completely opposed to the change
from commercial to residential but would like to see some issues resolved.
Mr. Pacheco requested the Council change the land use at this meeting.
.
Councilmember Dietz stated that all the items are tied together. He stated that if the issues
on this plat are not addressed satisfactorily, then the Council may want to leave the land use
designation as commercial.
City Council Minutes
November 21, 2005
Page 10
.
:Mr. Beck stated the applicant would need to provide a written letter agreeing to extend the
timeframe deadline by 60 days on all four items prior to the Council acting on them. He
stated if the Council wished to deny the items tonight they would need to provide findings
for the denial.
:Mr. Pacheco stated he would like to continue to work with the city and agreed to submit a
letter extending the timeframe deadline.
Councilmember Motin stated he was concerned about changing the zoning from
commercial to residential. He stated this will make the other commercial lots in the area less
desirable for commercial development.
:Mr. Pacheco stated the revised drawings include the frontage road requested by the city and
meet MnjDOT specifications. He stated concerns regarding the cost to him for the
frontage road.
:Mr. Maurer recommended the frontage road be connected to a signalized intersection and
that MnjDOT Local Initiative funds may be available in 2007 for this project.
Items 6.9.-6.12. were acted upon after Item 6.14. on this agenda in order to give:Mr.
Pacheco time to draft and submit his letter requesting the timeframe extension.
6.13. Dodge Avenue Improvement-Resolution Accepting Feasibility Report and Ordering Public
Hearing
. :Mr. Maurer presented the feasibility report for the reconstruction of Dodge Avenue. He
stated he held an informational meeting with the affected property owners and they feel the
improvement will help their businesses. He stated approximately 40% would be assessed to
property owners and 60% would be paid from street reserves.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER DIETZ TO ADOPT RESOLUTION 05-124 RECEIVING
THE FEASIBILITY REPORT AND ORDERING A PUBLIC HEARING ON
THE IMPROVEMENT IN THE MATTER OF THE DODGE AVENUE
IMPROVEMENT OF 2005. MOTION CARRIED 5-0.
6.14. Highland Road Improvement Resolution Ordering Preliminary Feasibility Report for the
Highland Road Reconstruction
:Mr. Maurer stated he held an informational meeting with property owners in Ridgewood
East and Ridgewood East 3rd Addition regarding four options for an improvement in the
Highland Road area. He stated the owners had interest in either adding a sidewalk along
Highland Road or reconstructing the road and adding sidewalks.
Councilmember Dietz questioned if city sewer could be added under the road for future
services. He questioned how the cost to hookup would be determined.
.
:Mr. Maurer stated as many services as possible would be stubbed in under the road in order
to protect it from future open-cutting. He stated the stub in of sewer could be funded with
the sewer fund and if property owners hook up at a later date, there would be some
reimbursement to the city of the costs via assessments.
.
.
.
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PROJECT NARRATIVE
HERITAGE MAPLES
ELK RIVER, MINNESOTA
FILE COpy
Project Description:
New Century Land Development is proposing the Heritage Maples multi-family residential development
on the 13. 82-acre triangle parcel located adj acent to Highway lOon the South Service Road between
Raven Lane and Waco Street NW. Heritage Maples will be a Planned Unit Development (PUD)
consisting of 48 units on the west parcel and 4 units on east parcel with a combined total of 52 lmits.
Because of the properties' location and current market demand it was envisioned that the site should be
developed as a senior living age 55 plus development with mix of housing types take advantage of the
natural topography and ecological features within and surrounding the site. The site will provide an
attractive residential enclave surrounded by natural and recreational enjoyment with spacious and scenic
VIews.
As a POO the development incorporates the following design:
1. 3 types of residential housing units utilizing a slab on grade design.
2. Clustering of units to preserve existing wetlands and wildlife areas
3. Clustering the residential units minimizes the amount of road that is needed and lessens impacts
to the surrounding area.
4. Providing enhanced mitigation areas for stormwater management.
5. A plaza area is provided for a central gathering area and passive recreation.
. 6. Enhanced landscaping with a mix of overstory, understory and coniferous trees along with
building foundation plantings.
7. Landscaped bermed areas along the South Service Road to provide screening from traffic.
8. Proposed Monument sign at the entrance of the development
Existing Conditions
The 13.82-acre site consists of a rolling topography with medium tree coverage and wetlands. The South
Service Road and Waco Street N.W. border the north and east side of the property while an existing
multifamily development is located directly to the south and southeast along yankton St. N.W. The
western edge is bordered by the Elk Dale single-:family addition. Although the topography is rolling,
water generally drains from west to east and southeast into a large wetland basin located along yankton
Street and the south end of the site. The site consists of a medium canopy coverage primarily located on
the south portion of the property along the existing wetland basin. A overhead electric power line running
east to west is located in the central portion of the property.
. Proposed Rezoning
The proposed POO development will consist of 52-slab on grade multi-family units catering to the senior
55 plus age living. This development will require a rezoning from an existing commercial district to a
POO development and a guide plan change from commercial to urban residential. As a residential POO,
we feel this development will complement the surrounding residential properties instead of a proposed
commercial use the property is guided and zoned for. The majority of the units will be clustered along the
north and central portion of the west parcel, four residential units will also be located along yankton
Street as an extension of the existing multifamily development. This will allow the large wetland basin to
be located along the east and southeast of the property to be preserved.
Enhanced landscaping is provided with a mix of overstory, understory and coniferous trees along with
foundation plantings. A plaza area is proposed in the large open area located at the south end of the
private drive. The plaza will complement the development by providing a focal point for a central
gathering area and passive recreation. The entrance into the site will be enhanced with landscaped berms
and an entrance monument sign that will reflect the high quality and character of the development.
Access to the 48 units located on the west parcel is from a private drive while access to the 4 units located
on the east parcel is from yankton Street and a private drive from the South Service Road. The road will
have curb and gutter to provide an urban feel and enhanced stormwater controL
.
Grading throughout the property will be quite extensive to accommodate slab on grade housing units. The
grading impacts will affect the tree portion located on the southern end of the site, however the existing
wetland basin was preserved. Three stormwater ponds are proposed for this development to provide an
enhanced mitigation area for stormwater management. The storm water retention ponds will treat and
provide rate control for the stormwater generated on the public road and proposed development.
Sewer and water is proposing to use existing city services.
Purpose for POO Rezoning:
New Century Land Development is requesting the proposed Heritage Maples development to be rezoned
from an existing commercial district to a POO Development. The POO is requested to allow flexibility in
the required building setbacks for the front yard setback and building separation. We are proposing a 15-
foot front yard setback for the residential building instead of the required front yard setback of 20- feet
from the back of the curb. The design of the unit has the garage tucked back into the unit and will have
the 20-foot setback enabling a useable driveway. Also, the required separation between units is 25-feet,
we are requesting 10-feet for garages and 20-feet for the residential units. The reduced setbacks and
building separations are needed due to the larger footprints required for single level living. We feel that
the outcome of the Heritage Maple Development will enhance and benefit the City of Elk River for the
following reasons:
A.
B.
C.
. D.
E.
A unique housing product consisting of three types of housing units. A four unit building is
being provided instead of an 8 unit building, which is aloud per city code. This will greatly
enhance the character and the overall look of the development.
The overall design consists of 4 units per acre.
Single level living Senior housing for in town lite cycle housing.
Enhanced landscaping is proposed throughout the development. An enhanced front entranced
sign is also being proposed for additional visual character.
A 30,000 square-foot wetland enhancement is proposed for the existing lower quality/degraded
wetland basin located on the eastern portion of the site.
.
.
.
F. A plaza area is provided for a central gathering area and passive recreation. This area is intended
. to be a shared amenity for the entire development. .
.~ The construction and expansion of the Highway 10 Service Road has been requested by the City
of Elk River and is being proposed as part of this development. This will provide a key access
route for the proposed site and surrounding areas along the service road for further development.
~ An extension of utility services as requested by the City of Elk River is also being proposed as
part of this development. This will greatly enhance future growth to the west side of the City.
The overall design/development of Heritage Maples had many constraints as well. However, New
Century Land Development feels the overall design best fits the existing site due to the current conditions
while providing an attractive residential enclave. Some of the existing site constraints are as follows:
A. The site is currently odd shaped in a triangular fashion and is bisected by an overhead electric
power line. The current design reflects clustering of residential units lessened site impacts to the
surrounding area.
B. The service road also proposes difficulty on the proposed development. Additional right-of-way
taking has been requested for the advancement of the existing service road. The site is aJready
small in nature and proposes many environmental difficulties, such as the existing wetlanclllow
area located on the east and southeast portion of the site. Altering the current design to meet
current setback requirement for the proposed right-of-way taking will greatly impact overall
function of the proposed development.
Conclusion
As mentioned earlier, New Century Land Development is requesting the site be rezoned to a PUD
Development for the flexibility in the required setbacks. We feel the Heritage Maples development will
provide added character and enhanced residential living in the City of Elk River.
We are excited and look forward to working with city staff on this development in efforts to provide a
high quality development.
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NEW CENTURY LAND DEVELOPMENT
18140 Zene Street. Suite 171
Elk River, MN 55330
783-232-9088
CUen\:
www.schoelrnadeon.com
554 Th..d street NW, Suite 100
81< Rver, ~.ote 55330-1409
. (763) 241-0108 - IllX' (952) 546-9065
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D.le: 7/22/05
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D.le: Description: B : JRH
8/11/05 REVISED PER CITY COMMENT IRII Druwrt 8y:
9/20/05 REVISED PER CITY COMMENTS JRII ws
10/11/05 REVISED PER CITY COMMENTS JRII Checked By:
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I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS
PREPM~EO BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I
p.M A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS
OF THE STATE OF MINNESOTA
r'7.2 2:-:-
f.j('[ Hill
0,(.. 1/22105
Reg, No.
Re\'i~ious
Dale: Description: Bv:
8/11/05 REVISED PER CITY COMMENT~ JRH
9/20/05 REVISED PER CITY COMMENTS IR\!
10/11/05 REVISED PER CITY COMIIENTI. .IRlI
f-It7iii705-REViSililpER'CITy"CollMENT JRIl
24552
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Schoell & Madson, Inc.
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Project Nsme/Loc.UOI1'
HERITAGE MAPLES
ELK RIVER, MINNESOTA
www.schoeNmad8oncom
554 ThIrd Slreet NW. SuR. 100
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NEW CENTURY LAND DEVELOPMENT
18140 2aft. Street, Suite 177
Elk River, MN 55330
783-232-9088
Or(lwn By:
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6/11/05
9(20(05
10(11/05
11(16(05
Description:
REVISED PER CITY COMME~TS
REVISED PER CITY COllME~TS
REVISED PER CITY COllME~T
REVISED PER CITY COMME~TS
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Project Name/location:
HERIT AGE MAPLES
ELK RIVER, MINNESOTA
,
, Schoell & Madson, Inc.
_~_ Engineering. Surveying. PlannIng
_ www.schoellmadeon.com
I',,' 554 Third Streel NW, Suite 100
\U'.""-' Sic. River, Minneeota 5533Q-t409
e' (763) 241.0108 . ,.. (952) 546-9065
NEW CENTURY LAND DEVELOPMENT
18140 Zane Street, Suite 177
Elk Rive" MN 55330
763-232-9088
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