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5.5 .& 5.6. 01-25-2005 . . . Item #'s 5.5. & 5.6. MEMORANDUM TO: Planning Commission FROM: Scott Harlicker, Senior Planne~ ~' DATE: January 25, 2004 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), action must be taken on this request by February 26, 2005 Location 10528 175th Avenue, the south side of 175th Avenue opposite the intersection of Polk Street and 175th 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 January 25, 2004 Page 2 . . Letter from the applicant . Current Zoning Map . Current Land Use and Urban Service Boundary Map 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 R 1 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 17Sth Avenue. There is an existing single family house and several accessory structures currendy on the property. These will be removed if the parcel is redeveloped. There is a large wedand in the southeast comer of the parcel and a small wedand near the center. There are some trees around the house and the large wedand 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 wedand is Elk River Station. The properties on the north side of 17Sth 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 17Sth 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 17St\ to the south in Elk River Station and on the west side of Twin Lakes Road are currendy 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 the parcel should be included in the Urban Service Area, but when. Sewer and water is S:\PLANNING\Case Files\2004\LU 04-06 Larson\LU04-06PCOl-25.doc . . . Joel Larson Request January 25, 2004 Page 3 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 17Sth 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 Rlc 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\LU04-06PCOl-25.doc . . . Joel Larson Request January 25, 2004 Page 4 Recommendation Staff recommends that the Planning Commission recommend approval of the request to include this parcel in the Urban Service Area and the proposed zone change to R3. The recommendation could include a separate component recommending that the City initiate an evaluation to include the remaining parcels south of 17Sth 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\LU04-06PCOl-25.doc o ct: U1 W C<: <!. --! z 3: f- HillSIDE CITY PARK ~ z 3: f- DOT PROPERTY SITE 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 website. 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 J on a, 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 ofthis 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 1l"xI7"), a Concept Plan for the proposed development of the 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 ofthe 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 I75th 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 of the 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 17SthStreet 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, intum, would also like to see them made. The land owners we contacted included: Art Meisenbach, Laura- and Ij az Osman, Russ Fierst ERepresentative of the family selling the property at 17379 Tyler Street), and the property owner at the southeast intersettion of Tyler Street and 17Sth Street. All but one (the owner at Tyler and 17Sth) were either in favor ofthe changes or, at h~ast 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 w-:ith the land use plan for this area, as shown in the Comprehensive Plan Update. Weare 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. The . 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 vision 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 tllls area. In addition, it provides a nice transition from the single family housing to the north and lllgh density development to the south. . Is the project consistent Witll 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 tlle 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 townhomesin two to five unit "sticks". We anticipate approximately 32 units total to be located' on the property. In conjunction with tllls 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 lllstorical 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 wetland 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 tllls area their home. We are 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 wetland boundaries are shown 011 the concept plan. We intend to submit an application to Rebecca Haug, City of Elk. River Envirorunental pla1?1ler, wlllch includes the de1jne~tion report and inform~tio~ regarding the small impact (less 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 tllls information as well, or if it needs to be submitted sooner.) Hardships The following paragraphs address the hardslllps 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 l1rban services are not available to the proposed development only two homes can be constructed. on the lot. With urban semces and the requested zoning, the site can be developed to include approx:iriiately 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 the recent upgrade of 175th 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 175th 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 175th 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 175th 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. Sincerely Brian LeMon E:\ElkRiver Zoning Variance. doc . . . 6 ~(I 15-0024206 15-00243:20 c{)oeo ~Mt~ N Site Location Shown in Circle Figure 1 . . Figure 2 Comprehensive Plan Legend Land Use Future: Land Uu Cale:gory D Rural ~osi"".tlal Urb.iln Re!ii.denual _ Hi';I1 Oonsitj R".d".,ial IfI MiMedU... _ Old Town Community CammG'n:ial _ Highway13us(,@g& III U;f1tlnd..:.!ri:ll _ r-.~ium Indu:stid _. ?utXiClSemJ-Pub9a ~ 0_ Space U:8TIundf.1I ~:m~!1 ~tniniJ 'd .~gn:.ltu...1 Ruea,;. ;"';"1} Opm IV,l... ..... Urban Service-Area Bcundary 2002 L~~J .r. Riw!rP.""'ll'_,u_D2 H'll ~ 1 1....' . Figure 54 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 condominiLUl1S. This land use category may accommodate a combination of side by side townhomes and multi-stol)' buildings as illustrated at right. The 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 accommodate the traffic. Potential settings include adjacent to commercial c1i~tricts~ employment centers, civic centers, park facilities, transit facilities and principal road"\vay corridors. \vhen planned adjacent to lower density neighborhoods, high density housing can be designed to transition from its most intense use (3 or 4 story apartments ) to a lower density (smal1lot single family or attached townhomes) as it approaches lower density neighborhoods. High Density Residential uses may also be located in appropriately zoned locations \'l;rir:hin the .i\Ji.~ed Use and Old Town categories. . Site to be developed ., ~, I. ill " " 1; ., <. ~ R ., " .' , ~ , ~ I I ! . . . : : ' , , I' , j . i) j 1 I I" .~III~I~.IIII~IIII ~ ~ III ~ f .. Aglcult\.lrai Con8erv,!lon Agrwl\k'ai SinQIe Flll'l1fI Residential Single Flll'l1fI ReI!ldenllaJ .. Single Flll'l1fI Reeidential Single FamIly Residel1llaJ .. Two F!lll'\~Y R~ iliA Two Family Realdel1lial .. Townl1oueeiMulliple F'm~ fles. Multiple Family Aellldenlial fill - - ... .. - - - - - I ATI ZONING MAP ~ j I"la.nrled Unit Dev~l . lit , ~ II ~ I i :* ~ . I ~ I ii i 1 m * II I -I Buslness part; Downlown 0illIlict Central Commercial Olliee DlstrJet Highway Commercial CommunIty Commerdal l..ighllndUlltrilti M~m lrKiuslliltl AI;. jj ~I ~ ~1 f . ~ " ;i:Et>,~ . I ~ ~ t ! "-,..t",/,, Solid Wule Fe.oill1y t~d MInerai Exeevaliorl -~ ..Mil....... DIIIIrIat I ! i k0't ~,':;~ ~~~ ~~',,~w"':"":".. ~,J fl g Antenna Tower . . . i:t"~:':f~' A tOTfH AVt Legend Future Land Ute Category Rural Residential U1ban Residential .. High Residential .. Mixed U$fl .. Old Town .. Medium Industrial .. PublioiSemJ-Publlc .. Opel'! Space Landfill Water Light IndUS!J111' IIIIUIlIllIII Ulban SaNtee I,rea Boundary 2002 Elk Riv.rParceI1Z_02_02 Phasing Plan from AgriCulture 10 Rural Residential I) U :! ~l. (')I +