7.3. SR 10-15-2018Request for Action
To Item Number
Mayor and City Council 7.3
Agenda Section Meeting Date Prepared by
Public Hearings October 15, 2018 Zack Carlton, Planning Manager
Item Description Reviewed by
River Walk Apartments – 17354 Zane Street NW Chris Leeseberg, Senior Planner
A. Right-of-way Vacation: Zane Street NW
Reviewed by
B. Simple Plat: River Walk
Cal Portner, City Administrator
C. Zone Change: FAST (The Point) to PUD
D. Conditional Use Permit to Establish a Planned
Unit Development
Action Requested
A. Direct, by motion, the preparation of Findings of Fact denying the request to vacate a portion of the
Zane Street Right-of-Way as there is no benefit to the public and does not comply with city
ordinances.
B. Direct, by motion, the preparation of Findings of Fact denying the request for a Simple Plat as
standards 1, 4, 6, and 7 are not met with the current application.
C. Continue, by motion, the public hearing for a Zone Change to
the November 19, 2018, Council meeting as the Commission
has not made a recommendation regarding this item.
D. Continue, by motion, the public hearing for a Conditional Use
Permit (CUP) to the November 19, 2018, City Council meeting
as the Planning Commission has not made a recommendation
regarding this item.
Background/Discussion
City Council reviewed these applications during their September 17,
2018, regular meeting. Prior to that meeting staff met with the
applicant to discuss their project, and the challenges of their current
application. They requested to continue the review of their
applications to October 15, 2018, at which time updated plans
would have been submitted to staff for their review and ready for
Council action.
The applicant also spoke during the public hearing on September
17, 2018, about their plans and the changes needed for compliance
with city ordinances.
Staff has yet to receive updated plans or documents for review and
comment, and as such maintains its recommendation to deny the
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
easement (right-of-way) vacation and plat. Staff will also recommend denial of the zone change and CUP
to the Planning Commission during their October 23, 2018, meeting, and the Commission’s
recommendation will be brought to the City Council on November 19, 2018. At that meeting staff would
be prepared with a Findings of Fact denying the applications.
Financial Impact
None
Statutory Review Period
The applications were deemed complete on August 14, 2018. Per State Statute 15.99 the required 60-day
review period for the Easement Vacation, Zone Change, and CUP was extended the full statutory review
period to December 12, 2018.
The 120-day review period for the Plat ends on December 12, 2018.
Attachments
September 17, 2018 City Council Packet
Applicant’s email requesting to delay Council review dated September 17, 2018
60-Day Extension Letter dated September 13, 2018
N:\\Public Bodies\\Agenda Packets\\10-15-2018\\Final\\7.3 sr River Walk 10-15.docx
1
Carlton, Zachary
From:Dan Anderson <dj@thebriggscompanies.com>
Sent:Monday, September 17, 2018 11:28 AM
To:Carlton, Zachary; Pat Briggs; Dan Anderson
Subject:Postpone September 17th city council meeting.
Please postpone September 17 discussion meeting until the October-15th meeting date.
Regards.
D J. A N D E R S E N
Development Division
The Briggs Companies
633 Upland Avenue, Ste C
Elk River, MN 55330
Dj@thebriggscompanies.com
612-812-3324
13065 Orono Parkway
Elk River, MN 55330
Phone: 763.635.1000
www.ElkRiverMN.gov
September 13, 2018
Sun Rae Apartments, LLC Via Email: pat@thebriggscompanies.com
Attn: Patrick Briggs
633 Upland Ave NW, Suite C
Elk River, MN 55330
Dear Mr. Briggs,
On August 14, 2018, the City of Elk River received your completed Conditional Use (Case No. CU
18-15), Easement Vacation (Case No. EV 18-05), and Zone Change (Case No. ZC 18-05)
applications for the River Walk Apartment Project located at 17354 Zane St NW. As you know,
State Statute requires a decision by the City within 60 days of this application. The Statute also
allows the City to extend the timeline an additional 60 days if necessary.
Due to the timing of the reviews needed by the Parks and Recreation Commission and action by the
City Council, the city is extending the review timeline to December 12, 2018. The city expects the
Planning Commission to review the Conditional Use Permit and Zone Change on September 25,
2018, and the City Council on October 15, 2018.
Please feel free to contact me if you have any questions.
Sincerely,
Zack Carlton, Planning Manager
Ph: 763.635.1035
zcarlton@ElkRiverMN.gov