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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PUD 2 Addition nd  Final Plat of Tall Pine PUD 2 Addition Action Requested No action is needed as the applicant has withdrawn all land use applications.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 The applicant has since withdrawn their applications, and no further action is required.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 Derrick has advised andhasrequested that the above items be withdrawn for consideration by the City at this time.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