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5.1. SR 03-07-2005 Item #'s 5.1. MEMORANDUM TO: Mayor and City Council FROM: Scott Harlicker, Senior Plann~ DATE: March 7, 2005 SUBJECT: Case No. LU 04-06 & ZC 04-11 Request by Joel Larson for Land Use Amendment and Rezoning Request Consider a request by Joel Larson for a land use amendment to include a 6.4 acre parcel in the urban service area and a zone change from Ria (Single Family Residential) to R3 (Townhouse District). 60 Day Rule In order to comply with Minnesota Statute 15.99 (60 - Day Requirement), the 60-Day Requirement has been extended to April 27, 2005. Location 10528 175th Avenue, the south side of 175th Avenue opposite the intersection of Polk Street and 17 5th Avenue. Zoning/Land Use Ria (Single Family Residential) / HR (High Density Residential) Attachments . Location Map . Letter from the applicant . Current Zoning Map Joel Larson Request March 7, 2005 Page 2 . Excerpt from Comprehensive Plan - High Density Residential . Current Land Use and Urban Service Boundary Map · Resolution No. 05-_ . Ordinance No. 05-_ Overview The applicant is proposing to develop a 6.4 acre parcel into 32 townhouses. In order to accomplish this they need a Land Use Plan amendment to include the parcel in the Urban Service Area, a rezoning from R1 a to R3 and preliminary/final plat. If the Land Use Plan amendment and rezoning are approved, the applicant will apply for preliminary plat approval for the townhouse development at a later date. Existing Conditions The property is rectangular with about 430 feet of frontage on 175th Avenue. There is an existing single family house and several accessory structures currently on the property. These will be removed if the parcel is redeveloped. There is a large wetland in the southeast comer of the parcel and a small wetland near the center. There are some trees around the house and the large wetland but most of the property is pasture. The surrounding land uses on the north, west and east are large lot residential; south of the large wetland is Elk River Station. The properties on the north side of 175th Avenue are in the Urban Service Area, as is Elk River Station. History In 2001, this property, and the others on the south side of 175th Avenue east of Twin Lakes Road and west of the Cargill property, was the subject of a Land Use Plan amendment to be included in the Urban Service Area. The proposed amendment was denied by the City Council. As part of the Comprehensive Plan adopted this year, the land use designation for this parcel, and the adjacent parcels, was changed from low density residential to high density residential. However, they were not included in the Urban Service District. The properties on the north side of 175th, to the south in Elk River Station and on the west side of Twin Lakes Road are currently in the Urban Service Area. When the land use designation in this area was changed to high density residential, it was implied that at some point the area would have to be included in the Urban Service Area. The high density residential land use allows for residential development at a density up to 20 units per acre. This type of density can not be achieved without sewer and water. Analysis Land Use Amendment In order to develop this parcel at the density anticipated when the land use designation was changed to high density residential municipal sewer and water is required. The issue is not if S:\PLANNING\Case Files\2004\LU 04-06 Larson\LU04-06CC03-07.doc J Del Larson Request March 7, 2005 Page 3 the parcel should be included in the Urban Service Area, but when. Sewer and water is located in 17Sth Avenue and is available to this property. The subject property is towards the east end of an 80 acre area that is surrounded on three sides by properties that are within the Urban Service Area. Issues . Timing - is it appropriate to include this parcel in the Urban Service Area at this time? The property is of sufficient size that it could be developed on its own without adversely impacting the future development of adjacent parcels. Including it in the Urban Service Area would be consistent with the land use designation of High Density Residential. Therefore, it would be appropriate to include this property in the Urban Service Area at this time. . Is it appropriate to expand the proposed amendment to include additional lots on the south side of 17 Sth or is it fine to do it lot by lot? This issue has been raised because the argument has been made that by including all the properties south of 17Sth in the Urban Service Area the city would be a position to review a unified development plan for the entire area. This is a valid issue and should be considered independently from this proposal. Rezoning The applicant is requesting a rezoning to R3. The R3 zoning district allows a density up to 8 units per acre and sets specific lot layout requirements and design and material standards for the townhouse units. The High Density Residential land use, when adjacent to lower density neighborhoods, allows for lower density development such as townhomes. The proposed R3 zoning would meet this criterion. There are larger residential lots directly north of this site and to the northeast is Park Point, which is a residential development platted at the R1 c density. The proposed zoning would allow for a transition from potential higher density residential on the west to the lower density residential to the east and north. Issue . Should the zoning be R4 to allow for higher density given the land use designation is High Density Residential? The R4 zoning district, which allows up to about 11 or 12 units per acre, would be more consistent with the High Density Residential density of 8 to 20 units per acre. However, given the proximity of single family residences to the north and northeast, the R3 density, which allows only up to 8 units per acre, is more appropriate. Development at R3 density would act as a buffer between the single family residences and future higher density development to the west. S:\pLANNING\Case Files\2004\LU 04-06 Larson\LU04-06CC03-07.doc J od Larson Request March 7, 2005 Page 4 Planning Commission Meeting At the Planning Commission meeting held on January 25th, no one spoke at the public hearing. The consensus of the Commission was that this request made sense. However, they also believed that the City should consider the adjacent parcels for inclusion in the Urban Service Area and rezoning. Recommendation The Planning Commission and staff recommend that the City Council approve the attached Resolution No. 05-_ to include this parcel in the Urban Service Area and the attached Ordinance No. 05-_ approving the zone change to R3. The Planning Commission also recommended that the City Council consider including the remaining parcels south of 175th Avenue, between the Cargill property and Twin Lakes Road, in the Urban service Area and a rezoning of those properties. S;\PLANNING\Case Files\2004\LU 04-06 Larson\LU04-06CC03-07.doc LEfEBV~E L \'I co\'lO SE 011'10\'1 AO HillSIDE CITY PARK DOT PROPERTY Location Map 1f N Case Number: LU 04-06, ZC 04-11 JOEL LARSON December 23, 2004 Planning Department Elk: River City Hall 13065 Orono Parkway Elk River, Mn 55330 Re: Request for Amendment to Comprehensive Plan and Zone Change Dear Elk River Planning Department: Please accept this letter as our written request for an amendment to the Comprehensive Plan and a zone change for the parcel located south of I75th Street at Polk: Avenue. We respectfully request that the Elk River Planning Commission recommend approval of this request to the Elk River City Council at their February meeting, according to the schedule on the City's web site. This request is made on behalf of Jona, Inc. Brad Lindaman and I have met with Scott Harlicker and Chris Leesburg regarding this parcel and have also spoken with Mr. Harlicker on the phone several times regarding this request. In addition, Joel Larson, President of Jona, Inc., recently discussed the concept plan for the development of this site with the planning department staff at a meeting at City Hall on Thursday, December 9, 2004. Summary of Amendment and Zone Change Requests The Plan Amendment Request is for inclusion of this parcel in the urban services area. The Zone Change request is from Single Family Rural Residential (RIa) to Multi-family residential (R3). Included with this letter is-an Existing Conditions Plan (six full size copies and one ll"x 17"), a Concept Plan for the proposed development ofthe parcel (six full size copies and one 1l"xI7"), labels for property owners within 350 feet ofthe subject parcel, a completed Land Use Application Form, a legal description of the property, and various figures that help depict our request. The parcel location is shown on Figure I in this letter. The following is some specific information about the parcel and our requested changes related to it: Parcel Number: Parcel Size: Parcel Size excluding 175th Ave ROW: Location: Current Zoning: Requested Zoning Change: Land Use Designation in Comprehensive Plan: 75-002-4405 6.40 acres, includes I 75th Ave ROW 5.72 acres South of I75th at Polk Ave. Single Family Rural Res. (RIa) Multi-family residential (R3) High density residential Urban Services Area in Comprehensive Plan: Requested Plan Amendment: Parcel is Outside Urban Services Area Include Parcel in Urban Services Area Basis for Request We believe that our request to have this parcel included in the urban services area and rezoned to Multi-family residential R3 (according to table Sec. 30 -1006. Principal Structures in the City Code) is reasonable because it is consistent with the intent and vision for this area as described in the Comprehensive Plan. A "high-density" land use designation, as shown in the Comprehensive Plan, is usually consistent with unit densities greater than 8 units per acre. Urban services and a zone change are necessary to make this property consistent with the intent ofthe Comprehensive Plan. In addition, the parcels immediately north ofthis site are currently within urban services area boundary, as is a large planned unit development recently constructed southwest ofthis parcel. In fact, this parcel is located within a relatively small, rectangular-shaped tract of land, surrounded on three of its four sides by parcels within the urban services boundary. This can be seen more clearly on Figure 2. The recent improvements 175th Street included "stubbing out" sewer and water to this property; we would simply like to be able to connect to them as a part of the development of our site. Furthermore, this parcel is located in a place with compatible adjacent land uses and on a recently up-graded street that will easily be able to handle the traffic loads associated with the requested zoning. Its proximity to the current "Park and Ride" lot, which is also the location for the planned North Star Train depot, makes it an ideal location for a high-density residential type development. Finally, we have spoken with the other land owners in this area, and the owners representing the majority ofthe upland area are in favor ofthese changes. One lot at 17379 Tyler Street is already for sale by an owner that would like to see these changes implemented, and others recognized that their land would be more valuable with these proposed changes and, in turn, would also like to see them made. The land owners we contacted included: Art Meisenbach, Laur~ and Ijaz Osman, Russ Fierst (Representative ofthe family selling the property at 17379 Tyler Street), and the property owner at the southeast intersection of Tyler Street and 175th Street. All but one (the owner at Tyler and 175th) were either in favor ofthe changes or, at least did not oppose them. Comprehensive Plan Issues The Comprehensive Plan Update lists several questions used to consider the merit of a request like this. Those questions are listed below along with our responses. · Is the project consistent with the land use plan? The requested zoning change is consistent with the land use plan for this area, as shown in the Comprehensive Plan Update. We are simply requesting that the zoning change be made and the parcel be included in the urban services area to meet the intent of the Comprehensive Plan. TIle only way this location can be developed to the density anticipated in the Comprehensive Plan Update is if urban services are available. · Does the project move Elk River towards its v'lsion for the future? We believe that it does. With the current development in the areas around this site and the North Star Corridor Train station planned for the area just east of this site, an R-3 type development will fit well with the vision of growth for this area. In addition, it provides a nice transition from the single family housing to the north and high density development to the south. . Is the project consistent with the policies contained in the Plan? It is our intent to develop the project in a manor that is consistent with the Comprehensive Plan Update. Furthermore, should you grant our request there will be further opportunity to review the development at the preliminary plat and fInal plat stage to ensure that we are remaining consistent with your plan. Concept Plan A concept plan is included with this request. Our conceptual design for the site includes townhomes in two to fIve unit "sticks". We anticipate approximately 32 units total to be located on the property. In conjunction with this concept, we intend to work with the City and its planners to ensure that this development maintains Elk River's unique identity and character. Natural, cultural and historical resources of the community are essential ingredients of Elk River's identity and we intend to protect and enhance the wetlands and their buffers on the site in ways that exceed the wedand conservation act rules, regulations, and requirements. In fact, we hope to create a development that focuses on the natural elements of this site and makes them an attractive feature that will be valued by the people who choose to make this area their home. Weare advocates of landscape ecology and sustainable site development and intend to create a site that focuses on low impact development practices and implements stormwater best management practices to ensure the development works in harmony with the surrounding landscape. A wetland delineation has been done and the wedand boundaries are shown on the concept plan. We intend to submit an application to Rebecca Haug, City of Elk River Environmental pla1?1ler, which includes the de1jne~tion report and inform~tio~ regarding the small impact Oess than 400 square feet) to the low quality wetland near the center of the site. Recent discussions with Ms. Haug lead us to believe the information she is interested in needs to be in her hands by the end of the day on January 6, 2005. (please let us know if you need this information as well, or if it needs to be submitted sooner.) Hardships The following paragraphs address the hardships that we would bear if these request are not granted. . We are requesting this change because denial of urban services will prevent us from developing the land to the potential envisioned in the Comprehensive Plan. The existing home/parcel is now vacant and if urban services are not available to the proposed development only two homes can be constructed on the lot. With urban services and the requested zoning, the site can be developed to include approxllllately 32 townhomes. This is a significant difference and if only two are allowed it is an obvious hardship for us to bear. . Another factor in this hardship is caused by special conditions that are peculiar to this lot. At about the time of therecent upgrade of 17Sth Ave the septic system for the home located on this property failed. At that time the owners contacted the City and were advised not to reconstruct their septic system, rather, to hook into the new sanitary sewer that was to be constructed in front of the property as part of the upgrading of 17Sth Ave. The sewer was constructed and services were stubbed into the lot but by that time the owner had moved out and the developer who had purchased the lot planned to connect to the City sewer as part of a proposed development. In addition to this, construction of the improvements to 17 Sth Avenue included dewatering needed to install some of the deeper utilities. When this dewatering occurred, the well located on the property went dry. Again the owner of the property was advised by the City staff to not install a new well, but to hook the property into the urban services in 17Sth Avenue. . The current zoning and the lack of urban services prevent us from connecting buildings on this lot into City sewer and water and from developing the lot to the density envisioned by the land use noted in the Comprehensive Plan. In addition, the urban service area line prevents us from connecting into the sewer and water services that run past the parcel which is the logical recourse to repair the damage done when the well dried up and when the septic failed. . The special conditions are not a consequence of our actions. Our purchase of this lot is based on the density proposed in the Comprehensive Plan Update. In order for this density to be achieved urban services are needed. In addition to this, our actions did not cause the septic or well to fail. . This variance will not be injurious to, or adversely affect the health, safety, or welfare of the residents of the City of the neighborhood wherein the property is situated. In fact the City will benefit through increased tax revenue and the neighborhood land values will rise. Finally, a vacant building will be replaced with a vibrant neighborhood of new homeowners. In summary, we ask that the Elk River Planning Commission recommend to the Elk River City Council, approval of the rezoning of parcel 75-002-4405 to R-3 Multi-family residential and amend the Comprehensiye Plan to include it in the Urban Service Area.. If you need additional information please feel free to contact either Brian LeMon at 952-832-2774, Brad Lindaman at 952-832-2802 or Joel Larson at 651-248-6785. 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Urban SelVlceAreo Boo"dory 2002 L_J Eli< R~rP"",,' 12..02_02 }t Q . 1 "1J.t. Figure 5-4 Land Use Plan (2003) High Density Residential The High Density Residential land use category" consists of multi-family attached housing oriented in a vertical fashion or more commonly referred to as apartments and condominiums. This land use category may accolll1l1odate a combination of side by side townhomes and multi-stoq buildings as illustrated at right. TIle densities targeted in this category are over 8 and up to 20 units per acre. High Density uses are located in places with compatible adjacent land uses and where the local street system will accolll1l1odate the traffic. Potential settings include adjacent to commercial districts, employment centers, civic centers, park facilities, transit facilities and principal roadway corridors. 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'. \ '.\ \\ ~~. l~ I:l roo \J ~- CITY OF ELK RIVER RESOLUTION NO. 05 - A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE INCLUDE CERTAIN PROPERTY IN THE URBAN SERVICE AREA Case No. LU 0-06 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, January 25, 2004 and recommended approval regarding the Comprehensive Plan amendment request for the property generally described as: Exhibit A and, WHEREAS, the City Council has reviewed the Comprehensive Plan amendment request and finds the following: 1. The proposed amendment would be consistent with the existing High Density Residential land use designation. 2. The proposed amendment is necessary for the property to develop at a density that is appropriate for the High Density Residential land use designation. 3. The proposed amendment is appropriate because municipal services are available along 175th Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River that the Comprehensive Plan be amended to include the property as described in Attachment A in the Urban Service Area. PASSED by the City Council ofthe City of Elk River this 7th day of March, 2005. Stephanie Klinzing, Mayor ATTEST: Joan Schmidt, City Clerk S:\PLANNING\Case Files\2004\LU 04-06 Larson\Resolution.doc EXHIBIT A All that part of the North Half of the Southeast Quarter of the Southeast Quarter of Section 2. Township 32, Range 26, lying West of the east 853 feet thereof, Sherburne County. Minnesota. Excepting therefrom that part thereof that lies north of a line 33.00 feel north of, as measured at right angles to. the following described centerline of a Former Township road now known in part as 17 5th Avenue northwest, said thoroughfare having a width of 66.00 feet: Commencing at the Southwest comer of the Southwest Quarter of said Southeast Quarter of Section 2; thence South 89 degrees 37 minutes 23 seconds West, assumed basis bearings, along the south line of the Southwest Quarter of said Section 2 for 293.37 feet: thence North 0 degrees 22 minutes 37 seconds West for 33.00 feet to a point to be hereafter known as Point "A for the purposes of this description; thence South 69 degrees 37 minutes 23 seconds west parallel; with said South line of the Southwest Quarter for 434.95 feet, more or less, to intersect the nortneasterly line of the right of way of the Burlington Northern Railroad Company at the actual Point of Beginning of the centerline to be hereby described; thence return North 89 degrees 37 minutes 23 seconds East to said Point "A"; thence northeasterly and northerly along a tangential curve to the left, radius 229.B 7 feet, fora central angle of 86 degrees 42 minutes 19 seconds, and a length of 464.26 feet; thence North o degrees 55 minutes 04 seconds East tangent to said curve for 554.93 feet; thence northeasterly and easterly along a tangential curve ID the right, radius 317.09 feet, for a central angle of 86 degrees 49 minutes 40 seconds, and a length of 480.52 feet, thence North 87 degrees 44 minutes 44 seconds East tangent to said curve for 2301-27 feel, more or less, to intersect with and terminate said centerline at the East line of said Southeast Quarter of Section 2 at a point thereon a distance of 17.31 feet south of the northeast comer of the South Half of said Southeast Quarter. S:\PLANNING\Case Files\2004\LU 04-06 Larson\Resolution.doc ORDINANCE 05 - CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R1a SINGLE FAMILY RESIDENTIAL TO R3 TOWNHOUSE CASE NO. ZC 04- 11 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 property described as: Exhibit A Section 2. The rezoning is being approved based on the following findings: 1. The proposed zoning would allow for a transition from potential higher density residential on the west to the lower density residential to the east and north. 2. Given the proximity of single family residences to the north and northeast, the R3 density, which allows only up to 8 units per acre, is appropriate. 3. Development at R3 density would act as a buffer between the single family residences and future higher density development to the west. 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 7th day of March, 2005, by the City Council of the City of Elk River. Stephanie A. Klinzing, Mayor ATTEST: Joan Schmidt, City Clerk EXHIBIT A All that part of the North Half of the Southeast Quarter of the Southeast Quarter of Section 2. Township 32, Range 26, lying West of the east 853 feet thereof, Sherburne County. Minnesota. Excepting therefrom that part thereof that lies north of a line 33.00 feel north of, as measured at right angles to. the following described centerline of a Former Township road now known in part as 175th Avenue northwest, said thoroughfare having a width of 66.00 feet: Commencing at the Southwest comer of the Southwest Quarter of said Southeast Quarter of Section 2; thence South 89 degrees 37 minutes 23 seconds West, assumed basis bearings, along the south line of the Southwest Quarter of said Section 2 for 293.37 feet: thence North 0 degrees 22 minutes 37 seconds West for 33.00 feet to a point to be hereafter known as Point "A for the purposes of this description; thence South 69 degrees 37 minutes 23 seconds west parallel; with said South line of the Southwest Quarter for 434.95 feet, more or less, to intersect the nortneasterly line of the right of way of the Burlington Northern Railroad Company at the actual Point of Beginning of the centerline to be hereby described; thence return North 89 degrees 37 minutes 23 seconds East to said Point "A"; thence northeasterly and northerly along a tangential curve to the left, radius 229.B7 feet, fora central angle of 86 degrees 42 minutes 19 seconds, and a length of 464.26 feet; thence North 0 degrees 55 minutes 04 seconds East tangent to said curve for 554.93 feet; thence northeasterly and easterly along a tangential curve ID the right, radius 317.09 feet, for a central angle of 86 degrees 49 minutes 40 seconds, and a length of 480.52 feet, thence North 87 degrees 44 minutes 44 seconds East tangent to said curve for 2301-27 feel, more or less, to intersect with and terminate said centerline at the East line of said Southeast Quarter of Section 2 at a point thereon a distance of 17.31 feet south of the northeast comer of the South Half of said Southeast Quarter.