6.5. SR 05-15-2006
City of Elk River
REQUEST FOR COUNCIL ACTION
Agenda Section Meeting Date
Plannin Ma 15,2006
Item Description
Michael Elzufon for a Conditional Use to Amend the Planned
Unit Develo ment for ackson Street Villas
Item Number
6.5.
Prepared by
Chris Leeseber
Reviewed by
Scott Clark
Introduction
Due to financial concerns and the desire to create affordable units, the applicant would like to remove the
brick from the ends of all buildings.
Discussion
Staff recommended that 25% of the building ends maintain the brick as originally approved to maintain
the integrity of the originally approved Conditional Use Permit. The applicant requested that the eight
ends of the buildings not have brick as staff recommended. They requested that they only be required to
have the brick wrap around 2-feet instead of the entire length of the ends.
The Planning Commission did not agree with the applicant's revised request and unanimously agreed
with staffs recommendation.
Attachments
City Council Memo
Action Requested
Staff and the Planning Commission recommend the City Council approve the request with the conditions
staff had originally outlined.
Council Action
Motion by _
Second by _
Vote
Follow Up
S: \pLANNING \ Case Files \2006 \ CUP\ CU 06-10 Jackson St Villas \Request Council Action.doc
Item #~
MEMORANDUM
TO: Mayor and City Council
FROM: Chris Leeseberg, Planner
DATE: May IS, 2006
SUBJECT: Case No. CU 06-10
Request by: Michael Elzufon for a Conditional Use to Amend
the Planned Unit Development for Jackson Street Villas
Zoning:
Adjacent
Zoning:
PUD - Planned Unit Development
N - C2 - Office District
E - R2 - Two Family Residential
S-C2
W-PUD
Land Use:
Adjacent
Land Use:
OT - Old Town
N-OT
E-OT
S-OT
W-OT
Site Area: 6.63 acres
60 Day Rule: Action must be taken on this request by May 27, 2006
Recommendation
Staff and the Planning Commission recommend the City Council approve the request with
modifications to what the applicant has requested.
Planning Department Mission: the orderly development of a livable and sustainable Elk River community.
Case File: CU 06-10
Page 2
Attachments
.
Cover Sheet
Location Map
Applicants Narrative
Proposed Renderings
Order Granting Conditional Use dated 12-22-2204
Previously Approved Elevations
Site Plan
.
.
.
.
.
.
Overview
The Jackson Street Villas Planned Unit Development (PUD) was approved in January, 2005
with a condition that brick shall be include on the front and sides of all units. Due to
financial concerns and the desire to create affordable units, the applicant would like to
remove the brick from the ends of the buildings.
Also being requested is that the decks become 2-feet wider and 2-feet deeper (an 8'x10'
deck). Staff has no objection to this particular request. The applicant will need to verify that
this amount of cantilever deck is allowed with the Building Division.
Analysis
The applicant believes that reducing the amount of brick will significantly reduce the
construction costs of the project which in turn will result in more favorable unit costs that
they believe the area can support.
A great deal of discussion regarding the amount of brick was discussed with the Planning
Commission. It was agreed that the brick treatments need to continue around the ends of
each building to enhance the public curb appeal.
The majority of the units, as approved, would only be 20-feet apart. Since public curb
appeal was the reason, staff would recommend that the brick remain on the ends with this
more public exposure. These would be the ends of units: 1,30, 31, 38, 39, 64, 65 and 76.
The remainder of the end units either face one another or are internal to the site.
To maintain the integrity of the originally approved Conditional Use Permit, staff is
recommending that eight of the end units maintain the originally required brick treatment.
This would result in one quarter of the end units requiring brick.
Standards for Issuance of a Conditional Use Permit (Section 30-654)
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed
location:
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Case File: CU 06-10
Page 3
1. Will not endanger, ilyure or detrimentallY qffect the use and e,!jqyment of other proper(} in the
immediate vicinity or the public health, sqftty, morals, comfort, convenience or general we!fare of the
neighborhood or the city.
2. Will be consistent with the comprehensive plan.
3. Will not impede the normal and orderlY development and improvement of surrounding vacant
proper(}.
4. Will be seroed adequatelY ~ and will not adverselY qffect essential public facilities and smices
including streets, police and fire protection, drainage, refuse disposal, water and sewer !)1st ems, parks
and schools; and will not, in particular, create trqffic congestion or inteiference with trqffic on
acfjacent and neighboring public thoroughfares.
5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will
be detrimental to a'!)l persons or proper(} because of excessive trqffic, noise, smoke, fumes, glare,
odors, dust or vibrations.
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of mqjor
importance.
7. Will fullY complY with all other requirements of this Code, including a'!)l applicable requirements
and standards for the issuance of a license or permit to establish and operate the proposed use in the
city.
If denial of such a permit should occur, it shall accompany recommendations or
determinations by findings or a report stating how the proposed use does not comply with
the standards set forth in Section 30-654.
Planning Commission Actions
The applicant requested that the eight ends of the buildings not have brick as staff
recommended. They requested that they only be required to have the brick wrap around 2-
feet, instead of the entire length of the ends. They felt that this treatment provide the same
amount of architectural merit as providing brick on the entire wall. Staff would disagree
with this comment as it would appear to be a minimal amount of applied brick and not
representing the mass and form of the building. It would appear that brick was left off to
save money.
The Planning Commission did not agree with their revised request and stated that only one
quarter of the end units are being recommended to remain the same. With three quarters of
the brick being reduced, this would significandy reduce the construction costs.
There was discussion regarding the elevations facing the park and it was agreed that they had
just as much public presence as any of the street elevations. Staff concurred with this
statement.
The Planning Commission unanimously recommended approval of the request with the
conditions staff had originally oudined.
S:\pLANNING\Case Files\2006\CUP\CU 06-10 Jackson St Villas\CU 06-10_CC.doc
Case File: CU 06-10
Page 4
Recommendation
Staff and the Planning Commission recommend the City Council approve the request with
the following conditions:
1. The end of units 1, 30, 31, 38, 39, 64, 65 and 76 shall maintain the originally
required brick treatments.
2. The decks may be up to two (2) feet wider and two (2) feet deeper than the
originally approved plans.
3. All other requirements of the original Conditional Use Permit, except #21,
shall remain the same.
S:\PLANNING\Case Files\2006\CUP\CU 06-10 Jackson St Villas\CU 06-1O_CC.doc
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Case Number: CU 06-10 JACKSON STREET VILLAS
Request for Amendment to Conditional use Permit
Narrative description
This is a written request for an amendment to the conditional use permit
previously reviewed by this committee for the Jackson Street Villas in the city of Elk
River. The request is being brought before you in the hopes of reducing the amount of
brick that is currently shown on the plans at the side elevations that have been previously
submitted to the city.
The reason for this request is to make the housing more affordable, this project
has been priced several times and we are still over budget for what we feel the area can
support. We can save about $400,000 by eliminating the brick on the ends of the
building. This action will not affect the cub appeal as we are not asking to change the
look of the elevation facing the street.
Structurally the buildings will remain the same, although this is not a hardship of
the land we do not feel that we are making a request that would make this property unlike
others in the area.
The conditions encountered are not a consequence of the owner's actions or
inactions but a simple matter of economics and reducing construction costs. These units
are currently in the $199,000 to $209,000 and for this area we should be in the $170,000
to $180,000 to make this venture work. This puts us at a huge risk with this much of an
up charge.
We do not feel that changing or deviating from the currently approved
requirements would be adversely affecting safety, health, and welfare or property values
in the surrounding areas. The property will have brick on the front side of the buildings in
keeping with the spirit of aesthetic appeal.
Regards,
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Office of theCounty Reculdel
Sherburne County, MN
Doc. No. 573418
Certified filed and/or recorded on
12-22-2004 at 08:00
Michelle Ashe, County Recorder
BWeputy Fee: $ 19.~O
STATE OF MINNESOTA
CITY OF ELK RIVER CITY COUNCIL
COUNTY OF SHERBURNE
CONDITIONAL USE
PROCEEDINGS
CITY OF ELK RIVER
In the matter of: Mark Olson/Riverside Properties of Elk River, LLC
Request: Conditional Use Permit for Residential Planned Unit Development
Gackson Street Villas), Case No. CD 04-32
ORDER GRANTING
CONDITIONAL USE
Elk River Greenleaf Properties, LLC, Owner
The above-entided matter came to be heard before the City Council on the 15th day of
November, 2004, on a petition for a Conditional Use pursuant to the City of Elk River Zoning
Ordinance, for the following described property:
See Attached Exhibit A
IT IS ORDERED that a Conditional Use be granted as upon the following conditions or reasons:
1. A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED
OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL
PRIOR TO RELEASING THE PLAT FOR RECORDING.
2. 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.
3. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY
ENGINEER BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING.
4. WATER ACCESSIBILITY FEES IN THE AMOUNT DETERMINED BY THE
CITY BE PAID TO ELK RIVER MUNICIPAL UTILITIES PRIOR TO
RELEASING THE PLAT FOR RECORDING.
5. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF
100% OF THE COS:rS OF THE PUBLIC IMPROVEMENTS.
6, 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.
7. THE LETTER OF CREDIT SHALL COVER WETLAND MITIGATION.
DRAINAGE EASEMENTS SHALL BE IN PLACE OVER THE WETLAND AND
THE WETLAND MITIGATION AREAS.
8. RESTRICTIVE COVENANTS SHALL BE RECORDED ON THE WETLAND
AND THE WETLAND MITIGATION AREAS.
11. THE STREET NAMES SHALL BE REVISED AS INDICATED.
12. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES
13. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY
ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS.
14. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR
TO THE ISSUANCE OF BUILDING PERMITS.
15. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING
PERMITS.
16. ALL MAILBOXES BE CLUSTERED.
17. 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 THE
FENCING PRIOR TO GRADING COMMENCING.
19. 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.
S:\PLANNING\Case Files\2004\CU 04-32 Jackson Street Villas\Recording doc.doc
FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK
AUfHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY
INVESTIGATED AND WORK IS AUTHORIZED.
20. THE LANDSCAPE PLAN SHALL BE REVISED. THE TREES ALONG
JACKSON AVENUE SHOULD BE CHANGED TO MAPLES, EITHER
AUTUMN BLAZE OR A RED MAPLE, PLANTED 30 FEET ON CENTER.
THERE ARE-SOME LOCATIONS ALONG THE PRIVATE STREETS WHERE
THERE IS ENOUGH SPACE TO PLANT LARGER OVERSTORY TREES.
OVERS TORY TREES, SIMILAR TO THOSE PLANTED ALONG JACKSON
AVENUE AND 6TH STREET SHOULD BE PLANTED ALONG THE FRONT
OF ALL THE TOWNHOUSES. EACH TOWNHOUSE WILL HAVE
FOUNDATION PLANTINGS. INDIVIDUAL UNIT LANDSCAPE PLANS
SHOULD BE PROVIDED.
21. THE BUILDING ELEVATIONS SHALL BE REVISED SO THAT THE BRICK
IS EXTENDED AROUND THE SIDES OF THE BUILDINGS.
22. IN ORDER TO CONTINUE THE ROW STYLE LOOK AND PROVIDE
ACCESSTO THE FRONT OF THE UNITS, SIDEWALKS SHALL BE
INCLUDED ALONG THE FRONT OF ALL OF THE UNITS. EACH UNIT
SHALL HAVE A WALK CONNECTING THE FRONT STEPS TO THE
SIDEWALK. SIDEWALKS SHOULD ALSO BE PROVIDED BETWEEN THE
BUILDING TO PROVIDE ACCESS FROM THE DRIVEWAYS AND THE
PRIVATE STREET TO THE FRONT ENTRANCES.
23. THE APPLICANT SHALL WORK WITH THE PARKS AND RECREATION
DIRECTOR ON A TREE PLANTING PLAN FOR LIONS PARK IT SHALL BE
THE RESPONSIBILITY OF THE APPLICANT TO PURCHASE AND PLANT
ALL THE TREES SHOWN ON THE AGREED UPON PLAN.
24. CROSS ACCESS AGREEMENT SHALL BE REQUIRED BETWEEN THE
APPLICANT AND ALLIANCE CHURCH FOR USE OF THE SHARED
. DRIVEWAY OFF OF JACKSON AVENUE.
25. APPLICANT PAY $92,000 INTO AN ESCROW ACCOUNT FOR STREET
REDEVELOPMENT FOR THE GENERAL AREA OF 6TH, 7TH, 8TH STREETS
AND IRVING AVENUE.
26. $15,000 BE PAID FOR RESTRIPING OF JACKSON AVENUE.
27. PARK DEDICATION FEE AT THE CURRENT RATE AT THE TIME OF
FINAL PLAT PER UNIT FOR THE ADDITIONAL 23 UNITS TO BE BUILT BE
PAID.
28. APPLICANT EXECUTE A PUD AGREEMENT INCORPORATING THESE
FINDINGS AND CONDITIONS IN ORDER FOR THE PUD ZONING
CHANGE TO BECOME EFFECTIVE.
DATED this 15th day of November, 2004.
S:\PLANI'\TING\Case Files\2004\CU 04-32 Jackson Street Villas\Recording doc.doc
STATE OF MINNESOTA )
)
COUNTY OF SHERBURNE) ss.
OFFICE OF CITY PLANNING
AND ZONING
ELK RIVER
CITY OF . ELK RIVER
I, Michele McPherson, Director of Planning for the City of Elk River with and in for said
City, do hereby certify that I have compared the foregoing copy and Order granting a Conditional
Use with the original record thereof preserved in my office, and have found the same to be a true
transcript of the whole thereof.
If the proposed work described in a conditional use permit has not been substantially
completed within two (2) years after its date of issuance, the permit shall expire and become void
except that the Council may, following recommendations of the Planning Commission, extend the
permit for an additional period determined by the council on the receipt of a request for a permit
extension prior to its expiration. A Conditional Use permit authorizes only the use specified in the
permit and shall expire if, for any reason, the authorized use ceases for more than one (1) year.
y~ J1~.~
Mic~ele McPherson
DirJctor of Planning
IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at I;~ River,
Mllwesota, in .the County of Sherburne, in the City of Elk River, on the (;) (./- day of
y itJ-v'-U/<-~~ 2004. .
DRAFTED BY:
Gty of Elk River
Elk River, 1tIinnesota 55330
Signed before me a NOTARY PUBLIC
this c5>Y'1ay of yZ{;'ZY/7r:6u), 2004.
~ii>~:aHi~:Ul~
- DEBORAH KAY HUEBNER ..~
NOTARY PUBLIC - MINNESOTA ~.
My Commission Expires jan 31 2005 i
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S:\PLANNING\Case Files\2004\CU 04-32 Jackson Street Villas\Recording doc.doc
Exhibit A
THAT PART OF THE FOLLOWING DESCRIBED PROPERTY LYING NORTH OF
THE WESTERLY EXTENSION OF THE CENTERLINE OF 6TH STREET
(FORMERLY PLATTED AS 8TH STREET) AS DEDICATED IN THE PLAT OF
BURRELL'S ADDITION, SHERBURNE COUNTY, MINNESOTA, SUBJECT TO
EASEMENTS OF RECORD:
THAT PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 34, TOWNSHIP 33, RANGE 26, SHERBURNE COUNTY,
MINNESOTA, DESCRIBED AS COMMENCING AT THE POINT OF
INTERSECTION OF THE CENTERLINE OF JACKSON AVENUE (FORMERLY
KNOWN AS STATE TRUNK HIGHWAY NO. 201 AND "OLD HIGHWAY NO. 169")
WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER; THENCE WEST ALONG SAID SOUTH LINE FOR
200.00 FEET; THENCE NORm PARALLEL WITH SAID CENTERLINE FOR 285.70
FEET TO A POINT TO BE HEREINAFTER KNOWN AS POINT "A" FOR THE
PURPOSE OF THIS DESCRIPTION; THENCE EAST PARALLEL WITH SAID
SOUTH LINE OF THE SOU1HWEST QUARTER OF THE NORTHWEST
QUARTER FOR 150.00 FEET TO INTERSECT WITH THE WEST LINE OF THE
RIGHT -OF-WAY OF SAID JACKSON AVENUE, BEING A LINE 50.00 FEET, AS
MEASURED AT RIGHT ANGLES, WEST OF AND PARALLEL WITH SAID
CENTERLINE, SAID POINT OF INTERSECTION ALSO BEING THE ACTUAL
POINT OF BEGINNING OF THE LAND TO BE HEREBY DESCRIBED: THENCE
RETURN WEST PARALLEL WITH SAID SOUTH LINE OF THE SOUTHWEST
QUARTER OF THE NOR1BWEST QUARTER FOR 150.00 FEET TO SAID POINT
"A"; THENCE NORTH PARALLEL WITH SAID CENTERLINE FOR 14.30 FEET,
MORE OR LESS, TO INTERSECT THE NORTH LINE OF THE SOUTH 300.00 "
FEET, AS MEASURED AT RIGHT ANGLES, OF SAID SOU1BWEST QUARTER OF
THE NORTHWEST QUARTER; THENCE WEST ALONG SAID NORTH LINE OF
THE SOUTH 300.00 FEET FOR 200.01 FEET, MORE OR LESS, TO INTERSECT A
LINE 400.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO, SAID
CENTERLINE OF JACKSON AVENUE; THENCE NORTH PARALLEL WITH SAID
CENTERLINE FOR 1039.77 FEET, MORE OR LESS, TO INTERSECT THE NORTH
LINE OF SAID SOU1HWEST QUARTER OF THE NORTHWEST QUARTER;
THENCE EAST ALONG SAID NORTH LINE FOR 350.03 FEET, MORE OR LESS,
TO INTERSECT SAID WEST LINE OF mE RIGHT -OF -WAY OF JACKSON
AVENUE: THENCE SOUTH ALONG SAID WEST LINE OF THE RIGHT -OF -
WAY FOR 1056.71 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
S:\PLANNING\Case Files\2004\CU 04-32 Jackson Street Villas\Recording doc.doc
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I heNby certify that this plan, el*l1- DATE:
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or under my direct IIUpervllllon and DESIGN BY:
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Enllln_ under State of Mlnneeota .
stOtutee Seatlane 328 328.1 CHECKED BY: ~
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