CY18-26

Request of Bolton and Menk, Inc., on behalf of the owner, M & J Property Holdings, LLC., for a planned unit development for a residential development containing 122 residential slab-on-grade dwellings. The subject properties are described as Lot 1, Block 2, and Lot 1, Block 3, Mesenbrink Subdivision (Blue Earth County PID R010915400007 and R010915400006).
 

The applicant is Bolton and Menk, Inc., on behalf of the owner, M & J Property Holdings, LLC.

The applicant, Bolton and Menk, Inc., on behalf of the owner, M & J Property Holdings, LLC., is requesting a planned unit development (PUD) to allow for a residential development containing 122 residential slab-on-grade dwellings.

The subject properties are described as Lot 1, Block 2, and Lot 1, Block 3, Mesenbrink Subdivision (Blue Earth County PID R010915400007 and R010915400006).

The subject properties are currently utilized as agricultural fields, with the northern portion operating as an existing wetland.

The subject properties are zoned R-2, One- and Two-Family Dwelling District.

The subject properties have previously been reviewed across multiple approval processes as part of the larger Mesenbrink Subdivision development. 

The northern portion of the subject area contains a public water, a wetland and, as a result, the property is subject to the City's shoreland ordinance. There are also wetlands located throughout the site in the currently farmed agricultural field. 

Several wetlands have been delineated on the site and are reflected on the record Mesenbrink Subdivision plat. The large wet area on the northern side of the property is considered public water and is surrounded by wetlands. As mentioned, on August 12, 2024, the conditional use permit for wetland sequencing and replacement was approved by City Council. The public water wetland will remain, and the other wetlands on the site will purchase credits. All wetland banking credits, for the wetlands approved for replacement, shall be purchased prior to any work occurring in the subdivision. 

The northern portion of the proposed development is located in the shoreland overlay district. See the Review section for greater detail. 

The subject properties are proposed to be served by public utilities via connections within Hoffman Rd. 

The applicant is seeking a planned unit development, PUD, for the construction of 122 residential slab-on-grade dwellings. The subject properties are described as Lot 1, Block 2, and Lot 1, Block 3, Mesenbrink Subdivision (Blue Earth County PID R010915400007 and R010915400006). The applicant has informally named this proposed development, "Aveyda Preserve". 

Previous Approvals: 
In early 2023, the City of Mankato received a development proposal, known as Mesenbrink Mixed-use Development Project, located on an approximately 105-acre parcel. The proposed project would construct a new mixed-use development consisting of retail space, apartment units and single-family residential units.  The area was previously subject to an environmental review for this area as part of the Greater East Mankato Infill Service District AUAR. This approval has expired, and therefore the applicant conducted the Environmental Assessment Worksheet (EAW). 
 
The EAW documented the purpose and need of the project along with the anticipated social, economic, and environmental effects. An original electronic copy of the EAW is available for review at the City’s website at: https://www.mankatomn.gov/home/showpublisheddocument/12958/638107513590968202. The City Council adopted a resolution making a negative declaration on the need for an Environmental Impact Statement.

Following the EAW review, Mesenbrink Construction & Engineering, Inc. requested a Land Use Amendment to change the guided land use from Public/Semi-Public to Medium Density Residential to allow for a mixed-use development including single-family dwellings, apartment units, and commercial uses. At the time, the City’s Land Use Plan showed the area to be guided as Public/Semi-Public. Mesenbrink submitted plans for the development and requested a change to the Land Use Plan and Map to Medium Density Residential to support their development request. The City Council approved the Land Use Plan amendment on July 24, 2023.

Succeeding approval of the LUPA, Mesenbrink applied for review of the Mesenbrink Subdivision Preliminary Plat. City Council approved the Preliminary Plat on April 8, 2024. In tandem with the Preliminary Plat approval, the subject property was annexed into the City of Mankato from Mankato Township. Mankato Township approved the Annexation on April 17, 2024, and the City Council approved the Annexation on May 13, 2024, and the subject property was officially annexed into the City on June 5, 2024.

Due to the presence of numerous wetlands within the subject property, Mesenbrink requested a conditional use permit to allow wetland sequencing and replacement. This request included approval for permanent impacts to 7.10 acres of wetland across 12 wetland basins on the subject property. This request was approved by City Council on August 12, 2024. 

The most recent series of approvals included an amendment to the previously approved Preliminary Plat to modify the proposed lot/block layout, review of the Final Plat of Mesenbrink Subdivision as three blocks and large areas of Public ROW, and rezoning of the subject property from T-Transition to various commercial & residential zoning districts. These requests were approved by City Council on December 9. 2024. Note that, with this approval, it was defined that any proposed future development shall require a Planned Unit Development.

The development of the subject property necessitated the extension of Hoffman Road eastward. As part of the approval process, Mesenbrink was required to provide a subdivision agreement that depicted the construction of public improvements required to extend City roadway and utility infrastructure to serve the subject property.

Current Request:
The properties to be included in the new Planned Unit Development (PUD) are located in the Mesenbrink subdivision, and are platted lots identified as Lot 1, Block 2 and Lot 1, Block 3. The proposed Planned Unit Development is located on 64.94 acres and consists entirely of property zoned R-2, One- and Two-Family Dwelling District. A portion of the subject property is also located within and subject to the Shoreland Overlay District. Specifically, this Shoreland area is the extent of the PUD that is located within 1,000 feet of the Ordinary High Water Level of the Public Water identified as "Unnamed Lake 07007100" by the Minnesota DNR. The applicant states that the proposed Planned Unit Development was prepared using the DNR's Residential PUD guidelines. 

The proposed development area is located in the easterly extent of the City of Mankato and is positioned just east of CSAH No. 12 (589th Avenue) and occupies two areas immediately north and south of the new portion of Hoffman Road. 

The PUD property is proposed to be developed with 88 single-family homes and 34 single-family attached homes, for a total of 122 slab-on-grade homes. The applicant has divided plans for the proposed Planned Unit Development (PUD) into two separate North & South PUD civil plan sets. The North PUD includes all the property north of Hoffman Road and features 34 slab-on-grade style single-family homes. The South PUD comprises all the property south of Hoffman Road and incorporates 54 slab-on-grade single-family homes as well as 34 slab-on-grade single-family attached homes. 

The applicant has stated that they do not intend to provide a Phasing Plan, as all private drives within the PUD will be installed immediately. The applicant intends homes to be constructed individually in a custom manner, based on demand. Predicated on the declared intent of the applicant, the developer will be required to install all utility and roadway infrastructure as well as landscaping prior to issuance of a Certificate of Occupancy within the Planned Unit Development. 

Access to the development will be from the newly extended portion of Hoffman Road, with a proposed private drive, identified as "Meridian Trail", intersecting Hoffman Rd roughly north to south and proving access into both PUD areas. A second private access drive, shown as "Aveyda Bend Trail" is also proposed along the south side of Hoffman Rd, just to the east of the proposed Meridian Trail. All roadways within the development will remain private and be maintained by the Owner’s and/or Association.

The applicant does not propose any pedestrian networks or connections within the development. The applicant stated that the proposed private drives are intended to serve the pedestrian and vehicle circulation throughout the development. Note that the extent of the Hoffman Road right-of-way directly adjacent to the PUD includes sidewalks along both frontages. This will allow potential residents access to the City of Mankato sidewalk and trails system east of the subject property. 

The applicant has provided an exhibit demonstrating emergency vehicle turning movements throughout the proposed Planned Unit Development. The exhibit shows successful turning movements throughout the majority of the planned drives, with the exception of the cul-de-sac. The applicant states that they will provide updated geometry for the cul-de-sac so that turning movements can be completed successfully within the bounds of the private drive. In order to ensure continual emergency vehicle access, the portions of the private drives that must be utilized in order to provide emergency vehicle access, shall be clearly identified as fire accessways and shall be clearly designated as no-parking areas. 

The applicant is proposing to construct 122 single-family and single-family attached homes on a 64.94-acre PUD. This far exceeds the required 2.0-acre minimum area required in Mankato City Code Section 10-1912 for a planned unit development in the R-2 zoning district. The proposed PUD is divided into two parcels. Section 10-134 of the Mankato City Code sets the minimum lot area for one-family & one-family attached dwelling units at 6,000 Sq. Ft. The North PUD is approximately 43.19 acres (Est. 1,881,356 Sq. Ft.) in area and is proposed to contain 34 single-family homes. Based on the minimum lot requirement of the R-2, Zoning District, the South PUD parcel may have a maximum of 157 units. Based on the minimum lot requirement of the R-2, Zoning District, the North PUD parcel may technically have a maximum of 313 units. The South PUD is approximately 21.75 acres (Est. 947,430 Sq. Ft.) in area and is proposed to contain 88 single-family / single-family attached units. Based on the minimum lot requirement of the R-2, Zoning District, the South PUD parcel may technically have a maximum of 157 units. Note: Due to the presence of the Shoreland Overlay District, the areas of the proposed PUD that are within the Shoreland zone are subject to their own density requirements, requirements that are typically more restrictive. See the Shoreland review below. 

Parking standards for the proposed development appear to achieve Mankato City Code requirements. Mankato City Code requires two off-street parking stalls be provided for each dwelling unit (minimum dimensions of 8' x 18' per stall). Plans appear to show designated garaged and driveway areas for each proposed single-family & attached single-family dwelling unit. As the subject property, composed of single-family attached & detached units, is located in the R-2, Zoning District, any future rental properties would be Limited Occupancy Rentals and thus also required to provide two off-street parking stalls per dwelling unit. The applicant has confirmed their understanding of this expectation. 

The applicant's provided narrative indicates that open areas, landscaping, snow removal, and private drives will be maintained privately by the Owner's and/or Association. Additionally, the provided narrative states that the Association will work with the Postal Service to cluster mailbox locations within the Planned Unit Development. The applicant also clarified that garbage and recycling services will be collected individually from each home with individual bins.

Mankato City Code criteria for a planned unit development states that common open space within a planned unit development must be used for amenity or recreational purposes. The uses authorized for the common open space must be approved to the scale and character of the planned unit development, and consider the planned unit development's size, density, topography, and number and type of structures to be provided. The Code goes on to clarify that the common open space must be suitably improved for its intended use. Common open space containing natural features worthy of preservation may be left unimproved. The development plan must coordinate the improvement of the common open space and the construction of the permitted structures within the planned unit development. The applicant has provided a preliminary landscaping plan that designates a small "open space play area" in the South PUD, located between the single-family and single-family attached homes in the southeast extent of the Planned Unit Development. The applicant does not show any proposed improvements within this area, including pedestrian connections or amenities. The provided preliminary landscaping plan designates a small open area within the North PUD, located west of Meridian Trail between the proposed single-family homes and Hoffman Rd, as an "open space play area". The proposed area is not shown to contain any proposed amenities or pedestrian connections. Within the North PUD, the applicant also shows a large open space area containing the wetland and stormwater ponds, as an "open space nature area"; no amenity improvements are shown within the open space area. Note that the preserved open space within the North PUD, the wetland, shall not be utilized by any means as an amenity space. The applicant shall clarify how the proposed open space play areas are intended to be accessed and utilized by residents of the Planned Unit Development. 

The provided landscaping plan shows proposed boundary landscaping along the boundaries of the Planned Unit Development. Specifically, the applicant proposes to plant a dense extent of evergreen ("spruce & pine trees") along the Eastern boundary of the PUD. The evergreen trees should serve to screen the proposed PUD from existing adjacent residential properties and large open spaces, ideally serving as a windbreak. Additionally, the applicant proposes to plant shade trees ("maple & oak trees") between the North PUD area and Hoffman Rd, as well as around the boundary of the South PUD. The provided preliminary landscaping plan states that "each home's exterior landscaping will be completed with the owners choice of shrubs and flowers". 

The applicant shall provide a detailed landscaping plan that includes proposed planting sheets. 

As per the Mankato City Code for planned unit developments, all land shown on the approved development plan as common open space must be conveyed to trustees provided in the indenture establishing an association or similar organization for the maintenance of the planned unit development. Staff has recommended a condition which requires the documentation for the establishment of said association to be provided to the City at the time of building permit submittal for the development. The applicant shall clarify ownership intent for the PUD as a whole.

The applicant states that each home will be constructed as per the plans in this submittal, but notes that homes may be modified and customized to the owner’s requests using the guidelines in the homeowner’s association. The applicant has provided a plethora of exterior elevations and floor plans for potential slab-on-grade single-family home building types. These types include two single-story sunroom options, two single-story patio options, two single-story 3-stall garage options, a two-story king/queen suite option, a two-story bedroom/workout option, a two-story farmhouse option, a two-story Mediterranean, and various other single and two-story slab-on-grade home types. With more than ten home types of varying sizes & orientations, the proposed plans show a large variation between proposed slab-on-grade single-family dwelling styles, including units with one or two floors, single, double, and triple stall garages, units with patios or sunrooms, units with porches, and units with bonus rooms. 

Proposed designs range from 4,101 Sq. Ft. multi-story high-style structures to simple angular 1,683 Sq. Ft. patio-style homes. Proposed dwellings also range from units providing two bedrooms & two bathrooms to larger units with up to five bedrooms and three & a half bathrooms. 

In a different manner than the proposed single-family units, the applicant has provided a singular set of plans for the proposed attached single-family dwellings. The proposed attached units, labeled as "Twin Homes", the proposed two-story, slab-on-grade units are arranged in a common orientation. Each proposed Twin Home (per individual unit, not per building) features a prominent, forward-facing and centrally located, small two-stall garage; a street-facing covered front entry; an exterior side-entry door for the garage; and rear patio doors. Note that the proposed rear patio area is shown with posts. The applicant shall clarify the reasoning for the shown posts. Exterior elevations for the attached units are shown to incorporate areas of varying horizontal and vertical siding, as well as a stone wainscot on portions of the building and a front-facing louver on the garage gable. Provided floor plans show each twin home unit as a simplified 3-bedroom, 2 1/2-bathroom dwelling. 

Note that any proposed exterior both hardsurfacing not depicted on plans, like a patio, for both the proposed single-family and single-family attached dwellings, must be reviewed as part of the larger Planned Unit Development and must conform to the standards of the Shoreland Overlay District. 

The applicant has also provided an overall Materials Palette that depicts each proposed exterior finish. Proposed siding materials vary greatly and include Vinyl siding (Board & Batten, Shake, & Lap), Cement Board siding (Shingle, Panel, & Plank), SmartSide siding (Vertical, Shake, & Lap). Cedar Siding, Stucco / Synthetic Stucco, Brick, and Manufactured Stone. The applicant proposes two roofing material types, Dimensional Asphalt Shingles or Prefinished Standing Seam Metal. Two window types, Aluminum Clad Wood and Vinyl are shown. Proposed doors include fiberglass or steel entry doors and painted / wood-look overhead garage doors (Note that proposed patio doors are not shown). The applicant also proposed decorative brackets, shutters, and louvers as potential exterior accessories. It is the stated intention of the applicant that each home type may be modified and customized to the owner’s requests. 

Public Benefit:
As part of the Planned Unit Development process, the applicant is asked to outline the Public Benefits provided to the surrounding neighborhood and the city as a whole provided by this PUD. The applicant states that the PUD will preserve and enhance site characteristics and open space by primarily continuing construction of single-family dwellings, as the existing homes adjacent to the Subject property are single-family dwellings. They state that the pattern of development will preserve natural vegetation and features by ensuring the areas adjacent to the "unnamed lake" remain in their natural state without any access. Additionally, the applicant expresses that the PUD will create a pleasing environment through the use of design, landscaping, and architectural features. In particular, the applicant states that the proposed North PUD will maintain large areas of natural open space and the South PUD will have designed open space for the residents to use for gathering. This open space will remain private and be maintained by the owners and/or Association. Proposed plans show preservation of the public waters wetland within the North PUD, and small open space play areas in the North & South PUD areas. The applicant has provided plans showing proposed open space areas which the applicant intends to serve as amenities for residents. Lastly, the applicant/developer states that the proposed development will provide a variety of housing types by supplying market-rate housing for the area.

With the planned unit development, the applicant has requested flexibility from the 25% rental density ordinance for the proposed Planned Unit Development and is requesting that the entirety of the development not be subject to the City's rental density standard. Mankato City Code Section 7–57 states that "not more than twenty-five (25) percent (rounded up) of the lots on any block shall be eligible to obtain a rental license or to be licensed as a rental property". A planned unit development is intended to encourage the efficient use of land and resources, to promote greater efficiency in public and utility services and to encourage innovation in the planning and building of all types of development and, in exchange for providing public benefits, the Code allows flexibility. In this case, the proposed development provided the aforementioned analysis of their public benefits. 

The applicant shall provide a detailed narrative describing how the proposed PUD provides public benefits, particularly how the proposed development provides amenity space to residents of the area. 

Shoreland Overlay District:
As stated above, a significant portion of the Planned Unit Development falls within the Shoreland Overlay District as it is located within 1,000 feet of the Ordinary High Water Level (OHWL) of the Public Water identified as "Unnamed Lake 07007100" by the Minnesota DNR and designed in Section 10-1058 of the Mankato City Code. Because of this, the proposed residential Planned Unit Development is subject to the Chapter 10, Article VIII of the Mankato City Code, which guides development that is located within the bounds of the Shoreland Overlay District. By ensuring the proposed PUD meets the standards of the Shoreland Ordinance, the City of Mankato is administering its State delegated responsibility to preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. 

As previously discussed above, the applicant completed an EAW as part of previous approvals and it was determined that no EIS would be required for the proposed project. 

It is the understanding of City Staff that the applicant coordinated with the Minnesota Department of Natural Resources to ensure the proposed residential Planned Unit Development preserves the Public Water and meets the Shoreland Standards. The proposed Planned Unit Development fully mirrors the proposed development reviewed as part of previous approvals, with one exception. The southern portion of the South PUD, the area outside of the Shoreland zone, was amended to include attached single-family unit rather than continue the originally proposed single-family detached units. This modification will not alter the proposed work within the Shoreland Overlay District and has been reviewed by the Minnesota DNR to verify that an updated EAW would not be required. 

The applicant has provided a memo, including documented email communication with DNR staff stating that the adjustment from single-family homes to attached single-family structures with reduced building footprints – does not warrant preparation of a new Environmental Assessment Worksheet (EAW). Note that it is also stated that it is up to the Responsible Governmental Unit, the City of Mankato in this instance, to document that the existing EAW continues to adequately address the potential for significant environmental effects per Minn R 4410.1000 Subp. 5. Based on review of the proposed modification and the completed EAW, the City of Mankato shall determine if the proposed modification is considered a substantial change. 

Previous approvals required that wetland signage be installed throughout the entire duration of the wetland setback. This wetland signage shall be in place prior to work beginning and no impacts shall occur to the public water / wetland.

Portions of the subject property that are within the Shoreland are divided into tiers that run parallel to the Ordinary High Water Level (also known as Ordinary High Water Mark or OHWM). The applicant completes this analysis and provides it to the DNR as part of a PUD Evaluation Sheet. The applicant has provided a copy of this form. As the proposed development is along a "natural environment lake" and proposes to construct sewers, each density tier is set at 320-feet, which left the applicant with three tiers. The applicant then calculated area suitable for development by excluding areas not fit for development (16-acres of wetlands & 9.41-acres below the OHWL). They then utilized this information to determine the base density and plugged their existing data into the Residential PUD Analysis table. Tier 1, an 8.17-acre area, permits a maximum of 13 single-family residential units; The applicant proposes to construct 5 units within this tier. Tier 2, a 12.89-acre area, permits a maximum of 28 single-family residential units; The applicant proposes to construct exactly 28 units within this tier. Tier 3, a 12.75-acre area, permits a maximum of 41 single-family residential units; The applicant proposes to construct 27 units within this tier. As noted above, not all of the proposed Planned Unit Development is within the boundary of the Shoreland district. The southerly portion of the PUD, the 13.20-acre area proposed to contain a section of single-family attached homes, is stated by the applicant to allow a maximum of 95 single-family / single-family attached units. Density calculations for this area are included in the larger parcel calculations above. The applicant proposes to construct 27 single-family homes and 34 single-family attached units (shown on plans as 17 buildings) within the Non-Shoreland area of the PUD. 

A maximum of 25% of the Shoreland Zone may be covered with impervious surfaces. The applicant has provided an exhibit showing that the subject development and future proposed adjacent development to the west proposes an impervious coverage of 20.4% within the Shoreland zone (512,253 Sq. Ft. of the total 2,510,427 Sq. Ft. area).