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7.2. SR 11-19-2018 ��i Eof lk — - Request for Action River To Item Number Mayor and City Council 7.2 Agenda Section Meeting Date Prepared by Public Hearinj November 19, 2018 Chris Leeseber , Senior Planner Item Description Reviewed by Zone Change: Townhouse/Multiple Family Zack Carlton,Planning Manager Residential (R3) to Multiple Family Residential (R4), Reviewed by Vinje Investments LLC Cal Portner, City Administrator Action Requested Adopt,by motion, an ordinance to rezone certain property from Townhouse/Multiple Family Residential (R3) to Multiple Family Residential (R4). Background/Discussion Case No. ZC 18-06 The subject property is 0.69 acres in size and located at the end of 191s' 1/2Avenue (Figure 1). `' I The property is zoned Townhouse/Multiple Family Residential (R- V 3) and the applicant requests to rezone the subject property to CR 33 Multiple Family Residential (R-4) in order to construct an 8-10 unit 1 �„ apartment building. J The proposed zone change is consistent with the multiple family RR_ • residential nature of the area. Townhomes and mini-storage exist just east of the subject property while an apartment complex is " directly to the west. Twin homes can be found north and south of v.CR 12 the subject site. Planning Commission PP A representative from the Ridgewood Manor Apartment Complex (west of subject parcel),asked the Planning Commission to tiny recommend denial of the zone change. He explained a unit built on this lot would most likely be two stories and will significantly r block the open view that Ridgewood Manor currently affords. He Figure i stated it would be difficult to rent his units as renters prefer an open view from their windows and patios. He stated if they were to recommend approval, he asked that a condition of planting dense natural shrubbery around the property line be added. A commissioner indicated they are not approving a site plan at this time, so they cannot add a condition of screening. The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exceptional p D W E H E D D Y service, and community engagement that encourages and inspires prosperity /` UR A commissioner asked if notifications were sent to neighboring properties and why no one else showed up. Staff stated all property owners within 350 feet of the subject property were sent notification of the proposal. There was some discussion of the size of the parcel and if it could support an 8-10 unit apartment. Two commissioners shared the same concerns the representatives from the existing apartment complex had and if the property could support an apartment. Since the Planning Commission meeting, staff has received an email from a resident opposing the request citing increased traffic concerns. The commission recommended approval of the request with a 5-2 vote. Although the applicant is currently proposing an apartment building, rezoning the property to R4 could introduce any of the following new uses into the neighborhood: Permitted uses ■ Townhouse dwellings (12 units per structure maximum). ■ Multiple-family dwellings. Conditional uses ■ Boardinghouses. ■ Manufactured home parks as defined in Minn. Stats. � 327.14, subd. 3. ■ Ministorage. ■ Zero lot line development. Statutory Review Period Per State Statute §15.99, the required 60-day review period ends on November 6, 2018. A 60-day letter was provided to the applicant extending the review date until January 5, 2019. Attachments ■ Planning Commission Memo dated October 23, 2018 ■ Ordinance ■ Resident Email dated October 28, 2018 ■ R3 &R4 Comparison Chart N:\Public Bodies\Agenda Packets\11-19-2018\Final\7.2 sr.docx Elk Request for Action River To Item Number Planning Commission 5.2 Agenda Section Meeting Date Prepared by Public Hearings October 23, 2018 Chris Leeseber , Senior Planner Item Description Reviewed by Vinje Investments LLC - for property ID# 75-432- Zack Carlton,Planning Manager 0101 Reviewed by ■ Zone Change from Townhouse/Multiple Family Residential (R3) to Multiple Family Residential 4 Action Requested Recommend,by motion, approval of an ordinance to rezone certain property from Townhouse/Multiple Family Residential (R3) to Multiple Family Residential (R4) for the following reason: 1. The rezoning is consistent with the City of Elk River Land Use Plan adopted as part of the City of Elk River Comprehensive Plan. Background/Discussion Case No. ZC 18-06 i1 The subject roe is 0.69 acres in size and located at the end of 1 property�' 191s' 1/2Avenue (Figure 1). The property is zoned Townhouse/Multiple Family Residential (R3) and the applicant is seeking to rezone the subject property to cR 33 Multiple Family Residential (R4) to construct an 8-10 unit apartment building. 3 The proposed zone change is consistent with the multiple family RR • residential nature of the area. Townhomes exist just east of the subject property while an apartment complex is directly to the west. "WY 10 Twin homes can be found north and south of the subject site. CR 12 Comprehensive Plan The Comprehensive Plan guides the property for urban residential uses. The Urban Residential area includes land guided for residential use in areas that will be served by the municipal sanitary tiny sewer system. This Urban Residential land use will be guided by the density of development and not the type of housing. Densities of this development pattern would range from a low density pattern Figure i consisting mostly of single family detached homes at 2 dwelling The Elk River Vision A n.,elcoming community nrith revolutionary and spirited resourcefulness, exceptional p o w E R E o e r service, and community engagement that encourages and inspires prosperity11"N'ATURE] units per acre to a denser pattern of smaller lots or attached housing at a density of up to 8 dwelling units per acre. Urban Residential land uses include single family detached housing, duplexes, townhomes, and multiple family dwellings. Housing units may be owner or renter occupied within this land use designation. Urban residential should provide connections between neighborhoods,including trails and streets,while also supporting screening and buffering from more intense traffic corridors and uses. The proposed zone change is consistent with the Comprehensive Plan. Applicable Regulation In revieaving a proposed amendment, consideration shall be given to existing conditions Within the area directly and indirectly affected by the proposal, the conservation of property values, the use to nrhich the properly affected is being devoted at the time, and relevantprovisions, if any, in the land use plan. Staff does not believe there will be negative impacts to the road network or future park needs as a result of the requested zone change. The proposed zone change is consistent with the multiple family residential nature of the area. In the review of the standards for a Zone Change as outlined,it appears that the request is consistent with all of these standards. Financial Impact None Statutory Review Period Per State Statute §15.99, the required 60-day review period ends on November 6, 2018. A 60-day letter was provided to the applicant extending the review date until January 5, 2019. Council Meeting If acted on,this item will go to the November 19, 2018, City Council meeting. Attachments ■ Location Map ■ Proposed Zoning ■ 60-Day Letter N:\Departments\Community Development\Plzluung\Case Files\ZC\ZC 18-06 Vinje Investments LLC\4-P12tu1i1ig Commission\5.2.ZC 18-04 sr PC 10-23-18.docx Ln OD 0 La T iS qh �F M rri C4 Ln 't rrpp �+ CN IL 1p C ���i�l �� _�� �� I ' �I � � � ..�., �. � - _ ',,� � . _ - -;i � ► �. i �. �� ._ � � � . � �I � �..� �i � �� � �� � � � a� � �� ��a _.� ® �► ��.. � �, • ®� L 'i� � -. �I '� • - U !:! .�� Jj � 1 _�� � � ` � �� „�,-_ � • _.�_ � - .. � IBJ � 1 _ _r t � � _ �i � �. !� ,, � 1 � � �I �I � .� �� � � � �' �� � -- �- '� __ i� �_ �� � � - �. �� - r _/ �`s. , �■ �, _ ®. __ City Eli. River October 11,2108 David Vinje 19375 Lander St NW Elk River,MN 55330 Dear Mr.Vinje On September 7,2108, the city received your application for a Zone Change for the property with the PID# of 75-432-0101. 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 Planning Commission and City Council meetings, the City is extending the 60 day timeline to January 5,2019. The city expects the Planning Commission to review the Zone Change request on October 23, 2018, and the City Council on November 19,2018. Please feel free to contact me if you have any questions. Sincerely, 7<L4'e-o Chris Leeseberg, Senior Planner Ph: 763.635.1033 cleesebergCd?ElkRiverMN.gov 13065 Orono Parkway Elk River,MN 55330 Phone:763.635.1000 INATUREI www.ElkRiverAIN.gov �j City of Elk -�-� River Ordinance 18 - An Ordinance Amending the City of Elk River Zoning Map to Rezone Certain Property from R3 to R4. Case No. ZC 18-06 The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That the duly adopted Zoning Map of the City of Elk River is hereby amended to rezone the property described on attached Exhibit A to R4 Multiple Family Residential SECTION 2.That the rezoning approved by this Ordinance is based on the following findings: 1. The rezoning is consistent with the City of Elk River Land Use Plan adopted as part of the City of Elk River Comprehensive Plan. SECTION 3. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 19th day of November,2018. John J. Dietz,Mayor ATTEST: Tina Allard, City NATUREI Exhibit A Lot 1, Block 1,RIDGEWOOD EAST 2ND ADDITION, according to the recorded plat thereof, Sherburne County, NATUREJ E O U O O E cz Ov E Lil ui — cz c.� C •cz U 0 N L _ U w O U O Q N cz c M _ 0 o c O 4-j E 00 cz E C) O E cz a� N U ct ct W _0cz Z .� J LL C: -4--J Z O U (v C/ d ct ) w �) co c N o c O C O U O = U � i O O 7 LL ( H (A r -I.- C) +- U =3U) E -o N (� N OU 0 0 O 0 N N Ln E (z E N " ON �_ 0 cz +r �— O N O N N U) +, U) co O 0 cz +r N N i E O> (Z N U i O) cz cz co Q m � fn M.-_N Y 0 O �_ CV Q � i O Q .L c� cz O (DE E > Q a' p o m E o O p O OU +r N N cn N N � cn ° N � z O N i � cz O) C N (� w E +- (� 0 0 " I >' Q U C) t � 70 > a� U 0 a� O cn m N N O O O O >, E 0 I 0 O N _0 p Q r O O) U) (z V O N N 0 N =3Q 0 -0 ,- .� N p Ov CZ p O r U c� N U) -r— N i� c15 0 > N N N 0 N cn DL Q = E E Q r O O +r cm N O) c� +r = (n � O 0 Ci — E LU a� (D o E a, c ��5 v� U � R3 R4 Perinitted Uses Perinitted Uses Single family dwellings. Single-family dwellings. Duplexes. Two-family dwellings. Triplexes. Townhomes,with no more than six dwellings per structure if in a row or no more than eight dwellings per structure if back-to-back Townhouse dwellings(12 units per structure maximum. Multiple-family dwellings. Model homes in compliance with section 30-800. Model homes in compliance with section 30-800. Licensed daycare facilities for 16 or fewer children. Licensed day care facilities for 16 or fewer children. Public packs,playgrounds and open space. Public parks,playgrounds and open space. State-licensed residential facilities or housingwith services establishments registered under Minn. State-licensed residential facilities or housing with services establishments registered under Minn. Stats.ch.144D serving six or fewer persons,licensed day care facilities serving 12 or fewer Stats.ch.144D serving six or fewer persons,licensed day care facilities serving 12 or fewer persons and group family day care facilities licensed under Minnesota Rules,parts 9502.0315 to persons and group family day care facilities licensed under Minnesota Rules,parts 9502.0315 to 9502.0445,to serve 14 or fewer children,except that a residential facility whose primacy purpose 9502.0445,to serve 14 or fewer children,except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be a permitted use. offenses shall not be a permitted use. Accessory Uses Accessory Uses Public shelters and essential services. Public shelters and essential services. Garages and sheds. Garages and sheds. Private recreational facilities. Private recreational facilities. Signs as permitted in section 30-851 et seq. Signs as permitted in section 30-851 et seq. Conditional Uses Conditional Uses Boardinghouses. Business and professional offices. Cemeteries minimum lot size four acres. Governmental offices. Governmental offices. Home occupations. Institutional uses. Institutional uses. Licensed daycare facilities for 17 or more children. Licensed day care facilities for 17 or more children. Manufactured home parks as defined in Minn.Stats. 327.14,subd.3. "inistorage. Outpatient health care facilities. Zero lot line development. This highlight=uses that no longer would be allowed if zoned R4 This highlight=new uses introduced if zoned R4