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5.4. - 5.6. SR 11-15-2004 Item#'s 5.4.-5.6. MEMORANDUM FROM: Mayor and City Council Scott Harlicker, Senior Plann#. November 15, 2004 TO: DATE: SUBJECT: Case No. LU 04-05, ZC 04-10 and P04-23 Request by Vance Zehringer on behalf of Habitat for Humanity for Land Use Amendment, Rezoning and Simple Plat for Sunrise Park Reauest Consider a request by Habitat for Humanity for tbe following: . Land Use Plan Amendment from Highway Business to Rural Residential . Zone Change from Highway Commercial to R1a Single Family residential . Simple Plat Location The property is on tbe east side of Yale Street, soutb of 170"' Avenue. Zonina/Land Use R1a (Single Family Residential) I HOB (Highway Business) Attachments . Location Map . Survey of property . Memo from tbe City Engineer . Map showing adjacent lot sizes . Land use map . Zoning map . Letter from applicant . Resolution No. 04-_ . Ordinance No. 04-_ 60 Dav Rule In order to comply with Minnesota Statute 15.99 (60 - Day Requirement), action must be taken on this request by December 20, 2004 Overview Proposed Project The applicant is proposing to subdivide a 3.63 acre parcel into two lots. One lot will be .79 acres (Lot 1) and the other will be 2.84 acres (Lot 2). The parcel is currendy used as a mini- storage facility. The mini-storage facility will remain on the 2.84 acre lot. The .79 acre lot will be used to construct a single family home. This project includes the following multiple applications: . Variance Request for the .79 acre parcel . Land Use Plan Amendment for the .79 acre parcel . Zone Change for the .79 acre parcel . Simple Plat The variance request was approved at the November 9th Board of Adjustment meeting. Existing Conditions Lot 1 will have 256 feet of frontage on Yale Street. It slopes down from a high pint of 894 feet on the west side to 878 feet on the east side. The lot is wooded and contains no structures. Lot 2 has 376 feet of frontage on Highway 169 and contains a mini-storage facility. The adjacent land uses include a day care to the north and single family to the west and south. Adjacent zoning is C3 Highway Commercial to the north and R1a Single Family Residential to the south and west. The adjacent single family lots were platted as Mississippi Heights in 1976. None of the lots in this subdivision comply with the 2.5 acre minimum lot size in effect today. Two of the lots have been combined so that the combined lot exceeds 2.5 acres. There are 11 lots on the same side of the street as the proposed lot, seven lots are smaller, three lots are about the same size and one lot is larger. The lots on the opposite side of Yale Street exceed one acre in size; however, the lots abut the Mississippi River and large sections of those lots are floodplain or bluffs. The usable area of the river lots is less than one acre. Analvsis Land Use Amendment The applicant is requesting a land use amendment from Highway Business to Rural Residential for the proposed .79 acre lot. The land use for the 2.84 acre lot will remain Highway Business. The proposed amendment would be compatible with the adjacent single family land uses and the adjacent Rl a zoning. Rural Residential land use is appropriate for this site because it fronts on a local street that services single family residences and abuts single family residences. Zone Change The applicant is requesting a zone change from Highway Commercial to Ria Single Family Residential for the proposed .79 acre lot. The zoning for the 2.84 acre lot will remain unchanged. The proposed Ria zoning is consistent with the proposed land use of Rural Residential and is compatible with the adjacent single family residential zoning. Prelimina1;)' Plat The applicant is proposing a two lot plat called Sunrise Park. The plat includes an undeveloped .79 acre lot (Lot 1) that will be developed as a single family residence and a 2.84 acre lot (Lot 2) with a min-storage facility. A variance for lot size is needed for Lot 1. The proposed lot will have 256 feet of fronrage on Yale Street, will be 86 feet deep at the north end and 189 feet deep at the south end. The proposed Lot 1 complies with the dimensional requirements of the Ria district. Lot 2, the commercial lot with the mini-storage facility, complies with all the dimensional requirements of the of the C3 district. Drainage and Utility issues are addressed in the City Engineer's memo. Lot 1 is outside of the urban service area and will be served with on-site septic and well. Lot 2 is within the urban service but currendy utilizes on-site septic and well. The Park and Recreation Commission recommended park dedication in the form of cash for one lot. Plannina Commission Meetina At the Planning Commission meeting held on November 9th no one spoke at the public hearing. The Planning Commission the Commission considered the land use amendment and the zone change; they did not consider the simple plat. The Commission voted 7:0 to recommend approval of the land use amendment and the zone change. Recommendation The Planning Commission and staff recommend that the City Council approve the proposed land use amendment based on the following findings: 1. The proposed amendment would be compatible with the adjacent single family land uses. 2. The proposed amendment is appropriate for this site because it fronts on a local street that services single family residences. 3. The proposed amendment abuts single family residences. The Planning Commission and staff recommend that the City Council approve the proposed zone change based on the following findings: 1. The proposed Rla zoning is consistent with the proposed land use of Rural Residential. 2. The proposed Rla zoning is compatible with the adjacent single family residential zorung. Staff recommends that the City Council approved the simple plat for Sunrise Park with the following conditions: 1. All comments of the City Engineer shall be addressed. 2. Park dedication fees for one lot shall be paid prior to releasing the subdivision for recording. 3. Surface water management fees for one lot shall be paid prior to releasing the subdivision for recording. 4. The applicant shall provide information showing that there is a suitable location for a septic system and a well on Lot 1. -3 "TRAILS LEGEND EXISTING SIDEWALK _ . . . . . . . FUTURE SIDEWALK DDDODDOODODDoooaoo EXISllNG PAVED TRAIL _ _ _ _ _ FUTURE PAVED TRAIL 000000000cooooo FUTURE "TRAIL ................ FUTURE WIDENED SHOULDER J>,. ""I"V'MU'_ r Location Map RDF PLANT 16 H ~ N ease Number: V 04-08; LU 04-05; ze 04.10 HABITAT FOR HUMANITY 13065 Orono Parkway Elk River, MN 55330 November 2, 2004 File #824570}-0240 Mr. Scott Harlicker Senior Planner City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: SUNRISE PARKADDmON Dear Mr. Harlicker: As requested, we have reviewed the proposed plat of Sunrise Park Addition. Based on our review and C9mments received at the staff review meeting, we would offer the following comments: 1. The plat of Sunrise Park proposes to create two lots out of one existing lot. The existing lot is zoned C3 and contains the mini storage facility located along East Trunk Highway 10. The lot that would be created would be on Yale Street and is proposed to be rezoned to Rla, a residential zoning. Rla is a Rural Residential zoning with a minimum lot size of 2 1h acres. The proposed lot to be created is only 0.79 acres, much less than the minimum lot size. Therefore, it will require a variance for lot size. The proposed lot is adjacent to lots within the Mississippi Heights Addition, which is a rural residential subdivision platted in 1976. The four lots located immediately south of the proposed new lot are actually only 0.55 acres in size. Therefore, the proposed substandard lot be created is actually consistent in size with lots in the immediate area. 2. The proposed residential lot be created is relatively long and narrow with 256 feet of frontage on Yale Street and a north lot line of only 86 feet in depth, and a south line with a depth of 190 feet. The lot is wooded and has fairly severe topography, sloping from Yale Street down towards the mini storage buildings located to the east. Since this is a rural residential lot, there will need to be a well and septic system located on the property. The septic system will need to identify a primaty area and a secondaty area, should the primaty area fail. The site plan sketch shows the primaty and secondaty septic systems to be located parallel to a steep slope of approximately 15-20%. I would Phone: 763.635.1000 Fax: 763.635.1090 www.ci.elk-river.mn.us Sunrise Park/P 04-23 November 2, 2004 Page 2 recommend that if this variance and plat is approved, that it be conditioned upon a septic system design including percolation tests by a certified designer proving that an adequate on-site sewage disposal system can be built on this lot. The site plan should also show the well location, given the small area of the total lot, to ensure that a site can be identified and meet all of the required setbacks. If you have any questions regarding these comments, please call. Sincerely, Terry J. aurer, P.E. City Engineer S:\PLANNlNG\Case Files\2004\P 04-23 Sunrise Park\Engineer's memo.doc - :;;) (J "\ VI - -J (' - ;0 -J A - Q VI ..j .. (' 0 '" .. 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N (:) ~.~r Sherburne County Habitat For Humanity Buildi"R Our .."mmUIIII, ""ef!f)1'$('oJ/,"II'",r Serving All Of Sherburne County October 22, 2004 Elk River Planning Department 13065 Orono Parkway Elk River, MN 55330 Subject: Lot Rezoning, Split, and Variance Request For Habitat For Humanity House Habitat For Humanity is an ecumenical housing ministry dedicated to eliminating substandard housing and homelessness. To date, we have built over 175,000 houses worldwide. We rely to a great extent, on donations of land, building materials, and labor to provide safe, decent, housing to families who otherwise could not afford one. The Sherburne County Chapter Habitat For Humanity was founded in 2002 intent on building affordable housing in Sherburne County, one house at a time. To date, we have only built one house. It is located in Livonia Township and was completed in 2003. Since our founding, we have been looking for an affordable lot in Elk River. It seemed a hopeless task as few leads always ended in land costs that placed it way beyond our reach! In September of this year, our luck changed. Thiry and Jerry Minor of Elk River, offered to donate a very nice lot in Elk River. It is in an area of modest homes, and it looks like a perfect fit for a Habitat house. There are three changes that will be required before we can build a single family house on this lot. The first is that it must be rezoned /Tom C-3, highway commercial to Rl-A, low density residential. The lot in question is located behind Highway 10 commercial property with residential houses abutting to the south and across Yale A venue to the west. This lot is too small and definitely not suitable for commercial development. The lot is part of a 3.63 acre commercial parcel which has no buildable land left other than the eight- tenths acre that has been donated to Habitat For Humanity. Splitting the eight-tenths acre lot from the 3.63 acre commercial parcel and rezoning it for residential use is the best use for adjoining property owners and for the City of Elk River. We are also requesting that a variance be granted to allow HFH to build on this eight-tenths acre lot where two and one-half acre lots are now required. When the abutting residential lots were developed, one-half acre lots were considered acceptable for a private well and septic system. Indeed, existing wells and septic systems of the houses in the immediate vicinity of this lot have functioned satisfactorily without injuring or adversely affecting the health, safety or welfare of the residents of the City or the neighborhood. It is our firm belief and that of our septic system consulting firm that soil conditions, lot size, and gentle slope will support a healthy water supply and highly functional septic system for many years. We are asking for the same consideration regarding lot size as adjoining property owners were granted when they built their houses. We do not believe this is an unreasonable or precedent setting request, because we are a charitable nonprofit organization asking for special consideration, and this is the last buildable lot in the area that does not have access to City water and sewer. We really need your support in this request to get our start toward affordable housing in Elk River. Thanks in advance for supporting us in this endeavor. S?~ ~~ > Vance Ze{;;jn i Sherburn~~ Ch er Habitat For Humanity 554 Third Street, Suite 200, Elk River, MN 55330 Phone 763/241-9536 Fax 763/241-8454 CITY OF ELK RIVER RESOLUTION NO. 04 - A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM HB (HIGHWAY BUSINESS) TO RR (RURAL RESIDENTIAL) Case No. LU 04-05 WHEREAS, Minnesota Statutes, Chapter 462.355, Subdivision 2, prescribes the procedure for amending the Comprehensive Plan, and WHEREAS, the Planning Commission held a public hearing on Tuesday, November 9, 2004 and recommended approval regarding the Comprehensive Plan amendment request for the property generally described as: Lot 1, Block 1, Sunrise Park, Sherburne County, Minnesota and, WHEREAS, the City Council has reviewed the Comprehensive Plan amendment request and finds the following: 1. The proposed amendment would be compatible with the adjacent single family land uses. 2. The proposed amendment is appropriate for this site because it &onts on a local street that services single family residences. 3. The proposed amendment abuts single family residences. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River that the Land Use Plan be amended to change the property as described above from HB (highway Business) to RR (Rural Residential). PASSED by the City Council of the City of Elk River this 15th day of November, 2004. Stephanie Klinzing, Mayor ATTEST: Joan Schmidt, City Clerk S:\PLANNING\Case Files\2004\P 04-23 Sunrise Park\Resolution.doc ORDINANCE 04 - CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM C3 HIGHWAY COMMERCIAL TO R1a SINGLE FAMILY RESIDENTIAL CASE NO. ZC 04- 10 The City Council of the City of Elk River does hereby ordain as follows: Section 1. The duly adopted Zoning Map of the City of Elk River is hereby amended to rezone the properties described as: Lot 1, Block 1, Sunrise Park Section 2. The rezoning is being approved based on the following findings: 1. The proposed R1a zoning is consistent with the proposed land use of Rural Residential. 2. The proposed R1a zoning is compatible with the adjacent single family residential zoning. Section 3. That this Ordinance shall take effect and be in full force from and after the date of its publication. Passed and adopted this 15'b day of November, 2004, by the City Council of the City of Elk River. Stephanie A. Klinzing, Mayor ATTEST: Joan Schmidt, City Clerk S:\PLANNING\Case Files\2004\P 04-23 Sunrise Park\Ordinance.doc I I, I' I:)- , I 'V' :i~~, Ii ,~1, :~ :-" ","'j ,.,I.<ik, i ~~::? i c-:t: c=; ""CJ' -< " I ~,~ ....,'.., L ~ 5' g! Cb Q Cb :s' ~ ~ '" "" \;! 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