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7.8. & 7.9. & 7.10 SR 02-27-1995r ~t ~,r o~ E K River ISSUE ITEMS 7.8., 7.9. & 7.io MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEVEN B. ACH, CITY PLANNER ,~~~,~-- DATE: JANUARY 23, 1995 SUBJECT: REZONING, PRELIMINARY PLAT, AND CONDITIONAL USE PERMIT BY KINGMAN BUILDING COMPANY, PUBLIC HEARING, CASE NO. ZC 94-16, P 94-13, AND CU 94-36 Kingman Building Company is requesting the following: (a) Rezoning approximately 5 acres from R1c (Single Family Residential) to PUD (Planned Unit Development) (b) Preliminary plat to subdivide 15 acres into 64 twinhome lots and one lot dedicated to common space (c) A conditional use permit for site plan review of a Planned Unit Development. LOCATION Outlot B of Country Crossing 2nd Addition (15 acres lying southwest of the intersection of Joplin Street and 183rd Avenue). ZONING/LAND USE PUD (Planned Unit Development) and Rlc (Single Family Residential) / MR (Medium Density Residential) ATTACHMENTS Ordinance No. 95- report to the Planning Commission dated 12/27/94. 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Memo to Mayor and City Council January 23, 1995 • OVERVIEW Page 2 The three applications requested by Kingman Building provide for a residential Planned Unit Development to be constructed consisting of 64 twinhomes and one lot dedicated to common space. Each of the twinhomes would be situated on individual lots (38 feet by 82 feet) and surrounded by a large common area owned and maintained by the homeowners' association. The development would have private roads throughout providing access to each of the proposed units. Although there would be private streets, all the utilities servicing this development would be public. Internal roads throughout the development are proposed to be 26 feet wide with a surmountable concrete curb and gutter. Because of the narrow roadway, on-street parking may be prohibited and properly signed to allow emergency vehicles adequate accessibility. 32 off-street parking stalls are located throughout the project to accommodate guest or overflow parking demands. The property includes a 4-acre storm drainage pond that serves a larger area beyond the limits of the proposed development. The pond has side slopes of 4:1 and flatter which provides for a pond that can be landscaped and maintained as an aesthetic element to the surrounding developments. The City Council did discuss the issue of whether a fence is necessary around this particular pond. It was determined that given the proposed side slopes (4:1) a fence would not be necessary. A complete landscape plan has been provided including perimeter landscaping along Joplin, 182nd, and 183rd. In addition, internal landscaping associated with each twinhome unit is proposed, enhancing the "planned environment" of the project. The proposed landscaping and earth berming will provide a positive image of the project. PROJECT DENSITY The proposed project has a density of 5.8 units per acre excluding the storm drainage pond and 4.3 units per acre including the pond. In comparison, a typical single family development will have somewhere between 2 to 2-1/2 units per acre depending upon natural features, physical barriers, etc. The developer has been asked to eliminate one building (two units) from the westernmost portion of the project. Staff felt the distance between units in this area is not as generous as found in the eastern part of the development. • A reduction of one building will not have a noticeable effect on the overall density, however it will improve distance between driveways and buildings. council:p94-13 Memo to Mayor and City Council January 23, 1995 REVISED PLANS Page 3 It is anticipated revised plans from the developer will address a majority of issues mentioned in the report to the Planning Commission. Two notable changes will be realigning the roadway and eliminating one access onto 183rd and eliminating one building. Please refer to the attached report to the Planning Commission dated 12/27/94 for additional staff comments. PARK AND RECREATION RECOMMENDATION The proposed plat was presented to the Park and Recreation Commission. Park dedication for the plat was previously included as part of Mr. Emmerich's land dedication of 7 acres along Orono Parkway and 3 acres south of County Road 30. Therefore, no park dedication has been recommended for this plat. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approving the rezoning, preliminary plat and conditional use permit for the proposed residential Planned Unit Development with the conditions stated in the staff report. The Planning Commission added that the proposed development as twinhomes provides an ideal transitional land use from the single family to the south and Business Park to the north. RECOMMENDATION It is recommended that the City Council approve the following: (a) Ordinance No. 95- , approving a rezoning of approximately 5 acres from R1C (Single Family Residential) to PUD (Planned Unit Development) based on the following: 1. The rezoning is consistent with the comprehensive land use plan map. 2. The rezoning is a logical extension of the existing PUD designation immediately to the north. 3. The PUD zoning for a twinhome project allows for a logical • transition in land use densities. 4. The rezoning will not be detrimental to the surrounding area. council:p94-13 Memo to Mayor and City Council January 23, 1995 Page 4 • (b) Preliminary Plat to subdivide 15 acres with the following conditions: 1. All comments stated in Terry Maurer's memo dated December 21, 1994. 2. The plat consist of 62 twinhome lots and one lot dedicated to common space and controlled by the homeowners' association. 3. Appropriate drainage and utility easements be provided throughout the plat as requested by the City Engineer and Elk River Utilities. 4. Necessary street lights as determined by Elk River Utilities be installed as part of the projects utility improvements. 5. A sidewalk be installed along the south side of 183rd Ave. from Joplin to Sandpiper Estates. This improvement should be made part of the public improvements to 183rd Avenue. 6. A storm sewer impact fee in the amount of $120.00 per unit be paid prior to releasing the plat for recording. 7. A water availability charge in the amount of $300.00 per unit be paid prior to releasing the final plat for recording. 8. A Developer's Agreement be prepared and executed prior to releasing the final plat for recording. 9. Association documents to submitted for review by the City Attorney prior to releasing the plat for recording. (c) Conditional use permit for site plan review of a residential Planned Unit Development with the following conditions: 1. A PUD agreement outlining the standards for the development be prepared and executed prior to recording the plat. 2. All comments stated in the staff report to the Planning Commission dated 12/27/94 be incorporated and made part of the development plans.. 3. All of Terry Maurer's comments be incorporated and made part • of the development plans. council:p94-13 Elk River City Council January 23, 1995 Page 9 7.7. Variance Reauest by John Weicht and Associates Public Hearing Case No V 94- TS Planning Assistant Gary Schmitz stated that John Weicht and Associates is requesting a five foot sideyard variance fora 100 foot by 120 foot addition to the existing Fumiture and Things warehouse in the Rail 10 subdivision. Gary Schmitz reviewed the staff report on this request. Mayor Duitsman opened the public hearing. Harold Novotney, 9884 174th Avenue NW, indicated his concern regarding drainage onto his property. He suggested that the City put an 18 inch the underground to correct the drainage problem. He further stated that there are other properties other than Furniture and Things that drain onto his property. Mr. Novotney further stated that there is no easement recorded on the plat. There being no further comments, Mayor Duitsman closed the public hearing. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE FIVE FOOT VARIANCE REQUESTED BY JOHN WEIGHT AND ASSOCIATES BASED ON THE INFORMATION IN STAFF'S MEMO INCLUDING THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE UNNECESSARY HARDSHIP BY CREATING A NONCONFORMING SITUATION FOR THE EXISTING BUILDING. 2. THE VARIANCE IS NOT A CONSEQUENCE OF THE PETITIONER'S ACTION, BUT DUE TO AN OVERSIGHT BY CITY STAFF. 3. GRANTING THE VARIANCE WILL NOT BE INJURIOUS OR ADVERSELY AFFECT THE HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE CITY OF ELK RIVER, OR THE GENERAL AREA WHERE THE PROPERTY IS LOCATED. 4. GRANTING THE VARIANCE WOULD ALLOW FOR A CONSISTENT BUILDING LOCATION ALONG THE ENTIRE SOUTH PROPERTY LINE. AND FURTHER THAT STAFF SHOULD CONTINUE TO RESEARCH THE DRAINAGE ISSUE ON MR. NOVOTNY'S LAND. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.8. Kingman Buildina Comoanv Reauest for a Zone Chanae. Public Hearina. Case No. ZC 94-16 7.9. Kingman Buildina Company Reauest for Preliminary Plat, Country Ridae Townhomes. Public Hearina. Case No. 94-13 7.10. Kingman Building Comgany Reauest for a Conditional Use Permit, Public Hearings Ccse No. CU 94-36 City Planner Steve Ach stated that the Kingman Building Company is requesting the following: ' Elk River City Council Page 10 January 23, 1995 • Rezoning approximately five acres from R 1 c-Single family residential to PUD-Planned Unit Development, Outlot B of Country Crossing 2nd Addition (15 acres lying southwest of the intersection of Joplin Street and 183rd Avenue) • Preliminary Plat to subdivide 15 acres into 64 twinhome lots and one lot dedicated to common space • A conditional use permit for site plan review of a Planned Unit Development. Steve Ach reviewed the staff report on these requests. Mayor Duitsman opened the public hearing. Planning Commission Representative Bob Minton indicated that the Planning Commission recommended approval of all three requests. There being no comments from the public, Mayor Duitsman closed the public hearing. Zone Chanae COUNCILMEMBER SCHEEL MOVED TO ADOPT ORDINANCE 95-2, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY • FROM Rlc-SINGLE FAMILY RESIDENTIAL TO PUD-PLANNED UNIT DEVELOPMENT, CASE NO. ZC 94-16. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Preliminary Plat COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PRELIMINARY PLAT REQUESTED BY KINGMAN BUILDING COMPANY, CASE NO. P 94-13, TO SUBDIVIDE 15 ACRES WITH THE FOLLOWING CONDITIONS: 1. All COMMENTS STATED IN TERRY MAURER'S MEMO DATED 12/27/94. 2. THE PLAT CONSIST OF 62 TWINHOME LOTS AND ONE LOT DEDICATED TO COMMON SPACE AND CONTROLLED BY 7HE HOMEOWNER'S ASSOCIATION. 3. APPROPRIATE DRAINAGE. AND UTILITY EASEMENTS BE PROVIDED THROUGHOUT THE PLAT AS REQUESTED BY THE C17Y ENGINEER AND ELK RIVER UTI LlTI ES. 4. NECESSARY STREET LIGHTS AS DETERMINED BY ELK RIVER UTILITIES BE INSTALLED AS PART OF THE PROJECTS UTILITY IMPROVEMENTS. 5. A SIDEWALK BE INSTALLED ALONG THE SOUTH SIDE OF 183RD AVENUE FROM JOPLIN STREET TO SANDPIPER ESTATES. 6. A STORM WATER MANAGEMENT FEE IN THE AMOUNT OF $120.00 PER UNIT BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. Elk River City Council Page 11 January 23, 1995 • 7. A WATER AVAILABILITY CHARGE IN THE AMOUNT OF $300.00 PER UNIT BE PAID PRIOR TO RELEASING THE FINAL PLAT FOR RECORDINGS. 8. A DEVELOPER'S AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE FINAL PLAT FOR RECORDING. 9. ASSOCIATION DOCUMENTS BE SUBMITTED FOR REVIEW BY THE CITY ATTORNEY PRIOR TO RELEASING THE PLAT FOR RECORDING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Conditional Use Permit COUNCILMEMBER SCHEEL MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR SITE PLAN REVIEW REQUESTED BY KINGMAN BUILDING COMPANY, CASE NO. CU 94- 36, BASED ON THE INFORMATION IN STAFF'S MEMO TO THE PLANNING COMMISSION DATED 12/27/44 AND THE FACT THAT THERE WAS NO ADVERSE RESPONSE DURING THE PUBLIC HEARING, WITH THE FOLLOWING CONDITIONS: 1. A PUD AGREEMENT OUTLINING THE STANDARDS FOR THE DEVELOPMENT BE PREPARED AND EXECUTED PRIOR TO RECORDING THE PLAT. 2. ALL COMMENTS STATED IN THIS REPORT BE INCORPORATED AND MADE PART OF THE DEVELOPMENT PLANS. • 3. ALL OF TERRY MAURER'S COMMENTS BE INCORPORATED AND MADE PART OF THE DEVELOPMENT PLANS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.11. Belanger Reauest for Administrative Subdivision, Public Hearing, Case No. AS 94-18 Planning Assistant Gary Schmitz indicated that Betty Belanger is requesting an administrative subdivision to divide a 63.33 acre parcel into a 10.35 acre parcel and a 52.98 acre parcel. The property in question is located on the east side of Elk Lake Road, just north of Ranch Road. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY BETTY BELANGER TO SUBDIVIDE A 63.33 ACRE PARCEL INTO A 10.35 ACRE PARCEL AND A 52.98 ACRE PARCEL WITH THE FOLLOWING CONDITIONS: 1. PAYMENT OF PARK DEDICATION FEES IN THE AMOUNT OF $450.00 BE PAID TO THE CITY PRIOR TO RECORDING. 2. PAYMENT OF STORM WATER IMPACT FEE IN THE AMOUNT OF $50.00 BE PAID • TO THE CITY PRIOR TO RECORDING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0.