4.7. SR 07-15-2019Request for Action
To Item Number
Mayor and City Council 4.7
Agenda Section Meeting Date Prepared by
Consent Agenda July 15, 2019 Zack Carlton, Planning Manager
Item Description Reviewed by
Pines at Elk River, LLC – 18461 Twin Lakes Road Cal Portner, City Administrator
Reviewed by
Zone Change from Business Park (BP) to
Planned Unit Development (PUD)
Conditional Use Permit for PUD
Preliminary Plat for a townhome development
nd
to be known as Tall Pines PUD 2 Addition
nd
Final Plat of Tall Pine PUD 2 Addition
Action Requested
No action is needed as the applicant has withdrawn all land use
applications.
Background/Discussion
On June 17, 2019, the City Council directed staff to deny all land
nd
use applications associated with the Tall Pines PUD 2 Addition
planned unit development project.
The applicant has since withdrawn their applications, and no further
action is required.
Financial Impact
None
Attachments
Written Request Withdrawing the Applications
60-day Letter of Extension
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
Kelly & Lemmons, P.A.
A T T O R N E Y S A T L A W
Patrick J. Kelly
pkelly@kellyandlemmons.com
Licensed in Minnesota and Wisconsin
July 10, 2019
Zach Carlton (via email: zcarlton@ElkRiverMN.gov)
Planning Manager
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Re: Pines of Elk River, LLC
(a)Zone Change from BP to PUD
(b)Conditional Use Permit for PUD
nd
(c)Preliminary Plat for townhome development to be known as Talls Pines PUD 2
Addition
nd
(d)Final Plat of Tall Pines PUD 2Addition
Dear Mr. Carlton:
Thank you for your conversation this morning with respect to the above-captioned matter. Mr.
Derrick has advised andhasrequested that the above items be withdrawn for consideration by
the City at this time. Mr. Derrick agrees with the Planning Commission and Staff Report with
respect to granting the action requested for Pines at Elk River, LLC; however, there seems to be
concern by the City Council with respect to traffic. Mr. Derrick believes in a strong relationship
with the City and the ability to resolve the Council’s concerns through discussion for a favorable
outcome for both Mr. Derrick and the City of Elk River.
Please accept this as a formal request to withdraw the actions requested at the June 17, 2019
Council meeting. On behalf of our office and Mr. Derrick, we look forward to meeting with City
staff and further discussionwith respect to traffic along Line Avenue. If you have any questions,
please do not hesitate to call.
2350WYCLIFF STREET-SUITE 200 SAINT PAUL, MINNESOTA 55114
TELEPHONE 651-224-3781 FACSIMILE 651-223-8019
www.kellyandlemmons.com
Zach Carlton
July 10, 2019
Page 2
Respectfully yours,
KELLY & LEMMONS, P.A.
/s/ Patrick J. Kelly
Patrick J. Kelly
PJK/slh
cc:Roger Derrick
Peter Beck
223 LITTLE CANADA ROAD EAST -SUITE 200 SAINT PAUL, MINNESOTA 55117
TELEPHONE 651-224-3781 FACSIMILE 651-223-8019
www.kellyandlemmons.com
June 24, 2019
Pines at Elk River, LLC via email: roger@chofamerica.com
Attn: Roger Derrick
5001 American Blvd West, Suite 501
Bloomington, MN 55437
Dear Mr. Derrick,
On April 29, 2019,the city received your complete applicationsfor a Zone Change and Conditional
Use Permit to establish a Planned Unit Development (PUD) to be known as Tall Pines P.U.D.
Second Addition at 18461 Twin Lakes Road NW. State Statute requires a decision by the city within
60 days of receipt of a complete application. The Statute also allows the city to extend the timeline
an additional 60 days if necessary.
Due to the City Council’s decisionto prepare a finding of fact denying the request to establish a
PUD during their June 17, 2019, meeting, the city is extending the 60 day review timeline for both
the Zone Change and Conditional Use Permit to August 27, 2019, the full 120-day limit allowed
under state statute. The City Council will review the resolution denying the applications on July 15,
2019.
Please feel free to contact me if you have any questions.
Sincerely,
Zack Carlton,AICP
Planning Manager
763.635.1035
zcarlton@ElkRiverMN.gov
13065 Orono Parkway
Elk River, MN 55330
Phone: 763.635.1000
www.ElkRiverMN.gov