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5.3. PCSR 05-09-2006Item. #5.3. .ver MEMORANDUM TO: Planning Commission FROM: Chris Leeseberg, Planner /' DATE: May 2, 2006 C..~ 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: PUD -Planned Unit Development Land Use: OT -Old Town Adjacent N - C2 -Office District Adjacent N - OT Zoning: E - R2 -Two Family Residential Land Use: E - OT S-C2 S- OT W -PUD W - OT Site Area: 6.63 acres 60 Day Rule: Action must be taken on this request by May 27, 2006 Recommendation Staff is recommending that the Planning Commission recommend approval of the request. Planning Deportment Mission: the orderly development of a livable and sustainable Elk River community. Case File: CU OG-10 Page 2 Attachments • Covex 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. Staff has no objection to this particular request. 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: 7. bVill 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 orgeneral zvelfare of the neighborhood or the city. S:\PLANNING\Case Files\200G\CUP\CU OG-10 Jackson St Villas\CU 06-10_PC.doc Case File: CU 06-10 Page 3 2. 1-Ylill be consistent with the comprehensive plan. 3. T.Y>ill not impede the normal and orderly development and improvement of surrounding vacant property. 4. 1~ill be served adequately by and will not adversely affect essential public facilities and services including streets, police and fzre protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. 5. mill not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons orproperty because of excessive tra~c, noise, smoke, fumes, glare, odors, dust or vibrations. 6. 1-TVill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 7. T-Vill 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. 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. Recommendation Staff recommends that the Planning Commission recommend approval of 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 than the originally approved plans. 3. All other requirements of the original Conditional Us.e Permit, except #21, shall remain the same. S:\PLANNING\Case Files\2006\CUP\CU OG-10 Jackson St Villas\CU 06-10_PC.doc I I I I STREET wi ~~ zi W~ >i Q S RE T o~ LION' S PARK I SITE I ~~~ ~~ ~ ~~ . ~4T~; c i ~ L~ i ~/~ ~ T - U Q J Location Map cty of El -~._~. R1VeP Case Number: CU 06- I0 JACKSON STREET VILLAS T. ~~ 0 o °i ~~ -~ ~TI~EET v~Jv N 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, ice . Sherburne County, MN Doc. No. 5734'18 Certified filed and/or recorded on 12-22-2004 at 08:00 Miche~~ll--e~~Ashe, County Recorder B~~~Deputy Fee: $ 19.0 STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER CONDITIONAL USE PROCEEDINGS In the matter of: Mark Olson/Riverside Properties of Elk River, LLC Request: Conditional Use Pernut for Residential Planned Unit Development (Jackson Street Villas, Case No. CU 04-32 Elk River Greenleaf Properties, LLC, Owner ORDER GRANTING CONDITIONAL USE The above-entitled matter came to be heard before the City Council on the 15~ 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 follov,~ing conditions or reasons: 1. ADEVELOPERS 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. CITY OF ELK RIVER CITY COUNCIL 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 COSTS 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. 9. A THREE YEAR MONITORING REPORT ON THE WETLAND MITIGATION IS REQUIRED. 10. THE CITY ENGINEER'S COMMENTS SHALL BE INCORPORATED INTO THE PLANS. 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 04-33 Jackson Su-eet Villas\Recording doc.doc FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK AUTHORIZED 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 AUTUNIN 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. OVERSTORY 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 BUIL-IDINGS. 22. IN ORDER TO CONTINUE THE ROW STYLE LOOKAND PROVIDE ACCESS TO 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:\PLANNING\Case Files\3004\CL104-.i2 Jackson Street Villas\Recordin; doc.doc STATE OF MINNESOTA ) COUNTY OF SHERBURNE } ss. OFFICE OF CITY PLANNING AND ZONING ELK RNER CITY OF ELK RNER 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 Corrui~ussion,. extend the peiznit for an additional period determined by the council on the receipt of a request for a perrrut 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 snore than one (1) year. Mic ele McPherson Dir~ctor of Planning IN TESTIMONY WFIEREOF, I have hereunto subscribed my hand at El~. River, esota, in the County of Sherburne, `~~`~j-t~ic-~~-C~C , 2004. in the City of Elk River, on the ~/ -day of DRAFTED BY: City of Elk River Signed before me a NOTARY PUBLIC Elk River, Minnesota 55330 this c~ 7 day of yZ~' L'ti-~ ZG`~~; 2004. ' _ DEBORAH KAY HUEBNEi~ n' NOTARY PUBLIC -MINNESOTA ,r My Commission Expires Jan 3~ Z~OL ~ ~i / ~ S:\PLANNING\Case Files\2004\CU 04-32 Jackson Street Villas\Recordin; 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 SOUTH~JEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 33, RANGE 26, SHERBURNE COUNTY, NLTI\]NESOTA, DESCRIBED AS COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF JACKSON AVENUE (FORMERLY KNOWN AS STATE TRUNK HIGHWAY N0.201 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 NORTH 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 SOUTHWEST 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 BEGINNIl~tG OF THE LAND TO BE HEREBY DESCRIBED: THENCE RETURN WEST PARALLEL WITH SAID SOUTH LINE OF THE SOUTH~JEST QUARTER OF THE NORTHWEST 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 SOUTHWEST 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 PA1ZA_T_.T.FL WITH SAID CENTERLINE FOR 1039.77 FEET, MORE OR LESS, TO INTERSECT THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE EAST ALONG SAID NORTH LINE FOR 350.03 FEET, MORE OR LESS, TO INTERSECT SAID WEST LINE OF THE 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. 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I heroby csrtiry that thy plan, epsolf- cation, or roport was proparod try me 12/22/04 ~~' nev NO. DATE DESCRIPnON \N cae ~"'r~"F ~'• eir'"N"F ~.,+ or under my diroot supsrvlelon and DESIGN BY: MCB _ ~~~~ ELK RIVER, MN 880 Dodge Averwe that I am a duyy Llcsnsed Profeeeional DRAWN ~' ERW ~M~~-~ LCC ELK RIVER TOWNHOUSE PROJECT Enplneer under State of Minnoota ~ , ; e i ~" ss~ o ' i ~~•• S°°ttane 328 329.1 CHECKED BY: MCB 9 -ease e -a r- oq + is FlIE: fill-IIOOY-~1/w ab B ~u \ -' SHEET INDEX ~Oet ~'" B ~"" 'w"' e t f Slgnaturo• TExT Fl~E; NONE ~ amd Brooklyn Cen er; I Nmeeota k B Dale: 12 22 2004 Uc. 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