5.1. SR 08-07-2006
City of Elk River
REQUEST FOR COUNCIL ACTION
Agenda Section Meeting Date
Plannin Au list 7, 2006
Item Description
Thomsen zonin chan e ZC 06-04
Item Number
5.1
Prepared by
erem 7 Barnhart, AICP
Reviewed by
Scott Clark
Location
1870 iYleado,-vvale
Introduction
The property o,-vners are requesting a zoning change to permit the construction of an apartment building.
At its July 17, 2006 meeting, tlle City Councillleld a public llearing. After the public hearing and the
follo,-ving discussion, the Council directed staff to prepare a resolution with findings to deny tlle rezoning.
That resolution is attached.
The following staff report is a copy of the report provided to the Council at their meeting of Jilly 17,
2006.
Attachments
Resolution to deny
Action Reauested
Action on the attached resolution to deny the rezoning from R-3 to R-4.
City Council Action
ivIotion by _
Second by _
\.Tote
Follow Up
Case File: ZC 06-04
Page 2
Thomsen Zoning Change
Location: 1870 IvleadoW\,Tale 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 - R1c S - Rlc
W-Il 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 the construction of t\vo four unit apartment
buildings on the property. There are currendy 2 four-plexes adjoining dle property to the eats, and light
industrial to the \vest. The applicant believes dle zoning change \vould be consistent \vidl the neighborhood.
Analysis
Staff has revie\ved the request as presented. In this revie\v, Staff considered dle surrounding land use, the
future land use map, the comprehensive plan, and the zoning ordinance.
As noted by the applicant, the adjacent land uses are generally residential, \vith residential to tile soudl and to
the east. To the \vest is industrial property, and to the north is tile north half of tlle lot to the east, or
residen rial.
After careful revie\v, one of the main differences bet\veen R-3 and R-4, aside from lot size and other "bulk"
requirements, is d1at multi-family units are a permitted use in dle R-4 zoning district, and are not listed as a
permitted or conditional use in the R-3. Other uses are consistent between the two districts, including
to\vnhomes, aldlough bigger buildings are permitted in the R-4 district. It is Staff's belief that multi-family
implies an apartment building, versus a standard, townhome 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 \veIl.
The Comprehensive plan, in its future land use map, guides the subject property for industrial.
Rezoning the subject property would create a small R-4 zone, inconsistent with the comprehensive plan. The
current zone allO\VS compatible land uses to the surrounding areas, and appears to meet the goals of dle
property owners. An alternative to dle spot zoning would be to rezone the subject property R-3, which
"\vould not allo"\v tlle apartment building proposed by tile property o"\vner.
S:\PLi\NNING\Case Files\2006\ZC\ZC 06-04 Thomsen\Staff report to deny. 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 Meado\vvale, 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 the meeting.
Recommendation
Staff and the Planning Commission recommend appro'val of tile 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
ivlo\7e to appro'Te the rezoning of 1870 ivIeado\vvale from R-3 (TO\vnhouse/ :tvlultiple family
residential) to R-4 (IYIultiple family residential), subject to successful completion of a comprehensive
plan amendment changing the future land use designation from industrial to residential.
S:\PLA.l'JNING\Cnse Files\2006\ZC\ZC 06-04 Thomsen\Staff report to deny.doc
RESOLUTION NO. 06-_
CITY OF ELK RIVER
A RESOLUTION DENYING ZONING CHANGE REQUEST ZC 06-04,
AND ESTABLISHING
FINDINGS OF FACT THEREFORE
WHEREAS, application was made on April 4th, 2006 by Timothy and Crystal
Thomsen for Zoning Change approval pursuant to Section 30-575
of the Elk River City Code of Ordinances, to rezone the property
(The Property) legally described on Exhibit A attached hereto from
R-3 to R-4 to allow development of apartment buildings; and
WHEREAS, the application for Zoning Change approval (The Application) was
referred to the Planning Commission; and
WHEREAS, the Planning Commission conducted public hearings on the
Application, after proper publication and due notice thereof as
required by ordinance and statute, on July 11, 2006 and referred
The Application to the City Council; and
WHEREAS, the City Council conducted a public hearing on the Application
on July 17, 2006; and
WHEREAS, the City Council, following completion of the public hearing,
deliberated the Application and continued the matter to its
regularly scheduled meeting of August 7, 2006; and
WHEREAS, at its regularly scheduled meeting of August 7, 2006 the City
Council continued its discussion of the Application.
Now therefore, the City Council of the City of Elk River makes the
following findings of fact and decision with respect to the
Application:
1. That rezoning the Property from R-3 to R-4 would be
detrimental to the area and surrounding properties directly and
indirectly affected by the rezoning;
2. That rezoning the Property from R-3 to R-4 would not support
the conservation of property values in the surrounding area;
3. That rezoning the property from R-3 to R-4 would be
inconsistent with the existing use of the Property and
surrounding properties in the area;
4. That there has been no change of circumstances that would
make a change in the zoning of the Property appropriate;
5. That the development of the surrounding properties to uses
consistent with the existing R-3 zoning, including the subject
Property, is appropriate to the area; and
6. That changing the zoning for the Property is not consistent
with the City's adopted Comprehensive Plan.
7. THAT, THEREFORE, the City Council of the City of Elk River,
based on the findings of fact set forth above, hereby denies the
Application to rezone the Property from R-3 to R-4.
Passed and adopted by the City Council of the City of Elk River this 7th day of
August, 2006.
Stephanie A. Klinzing, Mayor
ATTEST:
Joan Schmidt, City Clerk
S:\PLANNING\Case Files\2006\ZC\ZC 06-04 Thomsen\ZC 06-01 Thomsen Zoning Change 06-04.DOC
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