6.3. SR 07-17-2006
City of Elk River
REQUEST FOR PLANNING COMMISION
ACTION
Agenda Section
Plannin
Item Description
Tllomsen zonin chan e ZC 06-04
Item Number
6.3
Meeting Date
Jul T 17, 2006
Prepared by
erem r Barnhart, AICP
Reviewed by
Scott Clark
Location
1870 I:vleado\v\lale
Introduction
TIle property o\vners are requesting a zoning cIlange to permit tile construction of an apartment building.
Attachments
Location 1Vlap
Applicants narrati,re
Letters froin adjacent property o\vners opposing rezoning
Action Reauested
Staff and tlle Planning Commission recommend appro,ral of the rezoning subject to 1 condition as
outlined.
Planning Commission Action i\fotion by _
Second by _
'lote
Follow Up
Case File: ZC 06-04
Page 2
Thomsen Zoning Change
Location: 1870 I:vfeadowvale Road
Zoning: R-3 land Use: SF Res.
Adjacent N -R-3 Adjacent N - R-3
Zoning: E - R-3 Land Use: E - R-3
S - Rlc S - Rlc
\X1 - 11 W-Il
Site Area: .67 acres, 29,185 square feet
Conforms: Land Use Plan - No
60 Day Rule:Action must be taken on this request by August 24, 2006.
Overview
The applicants are requesting a zoning change to permit dle construction of t\vo four unit apartment
buildings on the property. There are currendy 2 four-plexes adjoining the property to the eats, and light
industrial to the \vest. The applicant believes the zoning change \vould be consistent \vith the neighborhood.
Analysis
Staff has revie\ved dle request as presented. In this revie\v, Staff considered the surrounding land use, the
future land use map, dle comprehensive plan, and dle zoning ordinance.
As noted by the applicant, the adjacent land uses are generally residential, \vith residential to dle south and to
the east. To dle \vest is industrial property, and to the north is the nordl half of tile lot to the east, or
residential.
After careful revie\v, one of tile main differences bet\veen R-3 and R-4, aside from lot size and other "bulk"
requirements, is that multi-family units are a permitted use in the R-4 zoning district, and are not listed as a
permitted or conditional use in the R-3. Odler uses are consistent bet:\veen the t\vo districts, including
to\vnhomes, although bigger buildings are permitted in the R-4 district. It is Staff's belief that multi-family
implies an apartment building, versus a standard, to\vnhome unit. It is important to note that a city cannot
regulate o\vnership, so if to\vnhomes \vere a permitted use, a multi-family use should be as \vell.
The Comprehensive plan, in its future land use map, guides the subject property for industrial.
Rezoning the subject property \vould create a small R-4 zone, inconsistent ,vith the comprehensive plan. TIle
current zone allo\vs compatible land uses to tile surrounding areas, and appears to meet the goals of the
property o\vners. ,l\n alternative to the spot zoning \vould be to rezone the subject property R-3, \vhich
\vould not allo\v the apartment building proposed by the property o\vner.
s: \PL~'u'JNING \ Case Files \2006 \ZC\ZC 06-04 Thomsen \ Staff. report.doc
Case File: ZC 06-04
Page 3
Thomsen Zoning Change
To date, Staff has received \vritten comments opposing the proposed change. The letters voice a concern
'\vith traffic on 1Yfeado'\'\r'vale, additional residents, lack of parks in the area, and the potential for disinvestment
of non-o\vner occupied buildings. It is expected that area residents \vill be present at tile meeting.
Recommendation
Staff and the Planning Commission recommend appro\ral of the rezoning request subject to the
follo\ving conditions:
1. The Comprehensive Plan be amended to change the guidance for the property from
industrial to residential.
Draft Motion
ivIo\re to appro've the rezoning of 1870 Ivleado\V\rale from R-3 (TO\vnhouse/ I:vfultiple family
residential) to R-4 (1vfultiple family residential), subject to successful completion of a comprehensi\re
plan amendment cllanging the future land use designation from industrial to residential.
S:\PLfu"'JNING\Case Files\2006\ZC\ZC OG-04111omscn\Staff report.doc
p pJ<J{
-LJ
-j
---1
t
-~
Location Map
1f
N
Case Number: ZC 06-04
CRYSTAL & TIMOTHY THOMSEN
DescriDtion ofProiect Narrative
Currently the land at 1870 Meadowvale is currently zoned R3. we would like to change
the zoning to R4 to support apartments. We would ultimately like to build 2 four- plexes.
There is currently 2 four-plexes adjoining this property to the east and light industrial
adjoining to the west. To the north are the railroad tracks and across Meadowvale Road
to the south is residential. Changing the zoning to R4 would continue with the flow of
the property at 1860 Meadowvale Road which is the apartments that we own and 1870
Meadowvale Road which is the proposed property, which we also own.
Since this will be four-plexes there are no hours of operation or employees.
Parking will meet code requirement.
Screening will meet code requirements.
Proposed building material- All materials to meet code requirements.
Signage- There will be no signage.
There will be no outdoor storage.
As for site impact we have not reached that stage in our planning. However, we will try
to remove as few trees as possible. As far as grading, we anticipate having walkout units
overlooking the wetlands, so the grading will be kept minimaL
Interim Use Permits- N/A
What are the reasons for the proposed Ordinance Amendment? To allow 2 four- plexes.
There is no Easement Vacation.
Because Industrial on the adjoining property is going to remain Industrial, we feel that
the R-4 zoning is the best use as a buffer zone. Also, noting that the adjoining property to
the east is apartments, which we own.
What are the benefits to the city? 1. 2 Four-plexes will be a greater tax base. 2.
Removal of the older structure currently on the property. 3. Replacing it with 2 four-
plexes. 4. Providing more affordable housing for local tenants.
Page 1 of 1
Barnhart, Jeremy
From: SHERRIE LORENTZ [Iorentzs@msn.com]
Sent: Sunday, July 09, 2006 9:52 PM
To: Barnhart, Jeremy
Subject: Opposing zone change
Dear Mr. Barnhart,
I am writing this letter to you to state that I truly oppose the Zone Change of Tim and Crystal
Thomsen. I have lived on Vale Ave. for the past 6 years with my husband and 2 children.
During this time I have seen more and more traffic on Meadowvale Road. I feel that by adding
additional Apartments to the area will only add to the problem. Why would you want to allow
these people to add additional apartments to the area when then can not keep the apartments
they own on the connecting property up. It is run down. It will only bring in more problems. The
city already allows a apartment complex on School Street to sit empty now for almost three
years. The schools are full now and the more apartments that you allow will not help the over
crowding in that area either. The community around that Zone change property is one of the
only areas in the city that does not have a park for the children that live there. My own children
have to be driven to a park to play. I won't let them walk across Meadowvale Road now because
of the traffic. My Husband and I feel that a better use of this land would be a playground for this
area. The city spends to much money on things that benefit landlords and their tenant that may
only live in the area for six months to a year if that and not on the people that have homes and
plan to raise their families here.
I am asking that you and the Planning Commission deny the Zone Change From a R3 to a R4 for
Tim and Crystal Thomsen.
Concerned Citizens
Steve and Sherrie Lorentz
1915 Vale Avenue
Elk River, MN 55330
7/10/2006
JUL 1 1 2006
DFAR JEREMY BARNHART:
I AM vVRITING IN OPPOSITION TO CRYSTAL AND TIMOTHY THOMSEN'S REQUEST FORA
ZONE CHANGE REGAURDING CASE NUMBER ZC 06-04.
I FIND IT HARD TO FATHOM THAT THE RESIDENTS IN THIS AREA 'WILL BE SUPPORTIVE OF
ANOTHER APARTMENT BUILDING IN OUR NIEBORGHOOD. I BOUGHT MY HOME UNDER
THE LOGICAL ASSUMTION THAT THERE WOULD BE NO FUTHER DEVLOPMENT IN THIS
AREA. I WOULD UKE YOU TO CONSIDER THE FEELINGS OF THE PERMENENf RESIDENTS,
'''lHO'S E!\TTENTIONS, ARE TO REMAIN HERE. GRANTING THIS ZONE CHAN"GE "\71LL ONLY
CREA.TE MORE TRAFFIC ON OUR ALREADY BUSY MEADO\VV ALE ROAD. I HOPE THAT THE
BOARD \'VILL TAKE IN CONSIDERATION MY 'VIEWS AND OPINIONS BEFORE GRANTING THIS
REQUEST .
SINCERELY, JENNIFER HICKMAN
935 XENIAAVE.
ELK RIVER MN.55330
~~~
ORDINANCE 06 -
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES
TO R-4 (MULTIPLE FAMILY RESIDENTIAL)
CASE NO. ZC 06- 04
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. TIle duly adopted Zoning Ivlap of the City of Elk Ri,\rer is hereby
amended to rezone to R-4 tile properties described as:
See Attached Exhibit A
Section 2.
The rezoning is being approved based on the following findings:
1. THE PROPOSED REZONING IS COMPATIBLE WITH THE
SURROUNDING LAND USES.
Section 3. Tllat this Ordinance shall take effect upon approval of a comprehsive
plan amendment and be in full force from and after the date of its publication.
Passed and adopted this _ day of
City of Elk River.
, 20_, by the City Council of the
Stephanie A. I<linzing, Mayor
ATTEST:
] oan Seb,midt, City Clerk
s: \planning \ case files \ 2006 \zc \ zc 06-04 thomsen \ ordinance. doc
Exhibit A
Legal Description
Auditors Subdivision No 3, all that part of Lot 16 and of Southwest Quarter of
Southwest Quarter of Section 28, Township 33, Range 26 described, Sherburne
County, Minnesota.
s: \planning \ case files \2006 \zc \zc 06-04 thomsen \ ordinance. doc
Request by Timothy and Crystal Thomson for Zone Change
Page 1 of 1
Barnhart, Jeremy
~tI aV1d auJ.. l+e.r~
. 1-] lit? I ~OO(p
From: Hayen III, John C. [Jhayen@larsonallen.com]
Sent: Friday, July 14, 20069:16 AM
To: Barnhart, Jeremy
Subject: Request by Timothy and Crystal Thomson for Zone Change
Good morning Jeremy,
My wife and I (Jean and John Hayen) live at 948 Xenia Ave NW -- we received a notice in the mail about a Notice
of Public Hearing regarding a request for Zone Change from R3 to R4. We were unable to attend the meeting on
July 11th, but want to voice our concern before the City Council Meeting on Monday, July 17, 2006.
Please relay to the City Council that we strongly oppose the request for this zone change from R3 to R4.
Thank you!
John C. Hayen, III
Tax Administration Coordinator
Larson, Allen, Weishair & Co., LLP
jhayen@larsonallen.com
612.376.4667
This notice is required by IRS Circular 230, which regulates
written communications about federal tax matters between tax
advisors and their clients. To the extent the preceding
correspondence and or any
attachment is a written tax advice communication, it is not a full
"covered opinion." Accordingly, this advice is not intended and
cannot be used for the purpose of avoiding penalties that may be
imposed by the IRS.
This message (including any attachments) may contain confidential
client information. The information is intended only for the use of
the individual or entity to whom it is addressed. If you are not
the addressee or the employee or agent responsible to deliver this
email to its intended recipient, you are hereby notified that any
review, use, dissemination, distribution, disclosure, copying or
taking of any action in reliance on the contents of this
information is strictly prohibited.
Larson, Allen, Weishair, & Co., LLP
7/14/2006