6.14. SR 07-15-2002Item #
6.14.
MEMORANDUM
TO:
FROM:
DATE:
Mayor and City Council
.A
Scott Harlicker, Senior Plann '~
July 15, 2002
SUBJECT:
Case No. ZC 02-07
Request by Tollefson Development. for a Rezoning from R I e
and R Ic, Single Family Residential to R3 Townhouse District
Request
Consider a request by Tollefson Development for the following:
· Zone change from Rlc (Single Family Residential) and Rle (Single Family
Residential) to R3 (Townhouse District)
It should be noted that the applicant has also submitted a preliminary plat for consideration.
Under State Statute a plan is not required for an applicant to request a zone change. The
revised grading, utility and preliminary plat were not submitted in enough time for staff to
provide adequate review. The preliminary plat has been postponed to the August City
Council meeting. If the zone change is denied by the City Council, the Council should
consider denying the plat or requesting the applicant extend the 120 day rule so that a
revised plat that complies with the Rle and Rlc zoning districts can be submitted.
Location
South of County Road 13 at the Tyler Street intersection
Zoning/Land Use
Rlc (Single Family Residential) and Rle (Single Family Residential) / MR (Medium Density
Residential)
- Attachments
Memo to Mayor/City Council/ZC 02~07
j~y is, 2002
Page 2
Location map
Survey of property
· Preliminary plat
Overview
The applicant is requesting to rezone 109 acres from Rle and Rlc (Single Family Residential)
to R3 (Townhouse District).
Existing Conditions
The 109 acre parcel is located on the east side of Twin Lakes Road north of Trott Brook
farms at the Twin Lakes Road/Tyler Street intersection. The property is a mix of open fields
and woodlands. About 37 acres of the parcel is wetland. The site is also hilly and is bounded
by Trott Brook in the southeast corner.
Adjacent land uses include single family residential to the south, farmland and Trott Brook
to the east, Twin Lakes Road and single family lots to the west and north.
Analysis
Rezoning Request
The applicant is requesting to rezone 109 acres from Rlc (Single Family Residential) to R3
(Townhome District) in order to allow a mixed townhouse and single family residential
project. The underlying land use designation for this property is MR (Medium Density
Residential), which would allow up to 7.92 units per acre. The proposed project has a net
density of about 3.9 units per acre, which is consistent with the underlying land use
designation of Medium Density Residential.
Contingent on approval of the rezoning request is the preliminary plat for Twin Lakes
Crossing. This plat includes a mix of 182 townhouse lots and 70 single family residential lots.
An option that the Council should consider is rezoning only the townhouse portion of the
project to R3 and leaving the proposed single family area as it is currently zoned, which is
Rlc and Rle. If the whole 109 acres is rezoned to R3 and the developer decides not to
complete the project, the whole 109 acres could be developed by another developer into 109
acres of townhouses. Only preliminary and final plat approval would be required.
Leaving the existing single family residential zoning in place in the area that includes the
single family lots would have a minimal impact on those lots. The dimensional requirements
for single family lots in the R3 district and the Rle district are the similar; both have a
minimum lot size of 12,000 square feet and a minimum lot width of 80 feet. The Rle district
also includes a minimum lot depth of 135 feet, the R3 district has no minimum lot depth.
The dimensional requirements for the Rlc district, which includes only a small portion of
this project, are a minimum lot size of 11,000 square feet, a minimum lot width of 80 feet
and minimum lot depth of 130 feet.
S:\PLANNING\Case Files\P 02-05 Twin Lakes Crossing\ZC02-07junecc.doc
Memo to Mayor/City Council/ZC 02-07
j~y ~s, 2002
Page 3
Planning Commission Meeting
At the Planning Commission meeting held on May 28th, seven residents spoke. All seven
spoke against the rezoning to R3 (Townhouse District). They felt that because of the
wetlands, trees, slopes and the potential traffic generated by the townhouses, townhouses
were not appropriate for this site. None of the residents spoke against the single family
component.
Four of the Planning Commissioners also spoke against the rezoning to R3, which would
allow the townhouse component of the project. Their reason for their opposition to the
townhouses were that the rezoning was not compatible with the adjacent land uses, there
was no compelling reason to rezone the property, and it was not a good use of the land.
The Commission discussed tabling the application. The applicant requested that the
Commission move the project forward with either a recommendation to deny the request or
a recommendation to approve the request with conditions. The Commission voted 5-0 to
recommend denial of the request for the rezoning to R3.
Recommendation
Planning Commission
The Planning Commission recommended that the City Council deny the request for a
rezoning to R3 based on the following findings:
1. The current zoning is consistent with the Comprehensive plan land use designation
of MR (Medium Density Residential).
2. There is no compelling reason for the rezoning request
3. Public opposition to the request
The Commission also added the following requirement to their recommendation:
· If the zone change is approved by the City Council, the Council should direct staff
and the applicant to bring the plat back to the Planning Commission for review.
City Council Options
The following findings are offered should the Council deny the applicant's request of the
rezoning to R3:
1. The current zoning is consistent with the Comprehensive plan land use designation
of MR (Medium Density Residential).
2. There is no compelling reason for the rezoning request.
3. The proposed rezoning to R3 is not compatible with the adjacent Rla (Single family
Residential) zoning district.
4. The proposed rezoning to R3 allows for increased higher residential density which
would result in higher generation of traffic than the existing zoning.
S:\PLANNING\Case Files\P 02-05 Twin Lakes Crossing\ZC02-07junecc.doc
Memo to Mayor/City Council/ZC 02-07
July 15, 2002
Page 4
The following findings are offered should the Council approve the applicant's request of the
rezoning to R3:
1. The proposed rezoning to R3 is consistent with the Comprehensive plan land use
designation of MR (Medium Density Residential).
2. The proposed rezoning to R3 would provide a buffer between County Road 13 and
the single family residential component of this project.
Should the Council approve the rezoning request, staff also recommends the following:
1. That the proposed zone change to R3 should only include the proposed townhouse
portion of plat.
2. That the preliminary plat be referred back to the Planning Commission for their
review and recommendation.
S:\PLANNING\Case Files\P 02-05 Twin Lakes Crossing\ZC02-07junecc.doc
PARCEL B
OUTLOT C
OU rLOT L
~ City of~
Case Number.
Location Map
ZC 02-07 / P 02-05 / CU 02-21
N
TWIN LAKES CROSSING
DRAINAC.~ AND UI~L.JTY
f[A:5~NT~ ARE ~'IOWN THUS;
/
/
//
/
OUTLOT 9-- 4.3~ AC.
LOT AREA-- 2.0~ AC.
NO. ~ ~N~ FA~Ly 75' LOT-~ ~32 ....
NO. ~ ~N~ F~Ly ~* LOT ....
GR~H[C 5CA~
5. e~o~y suR~
) /
\,.jr .~%. /
/(
./
P~TLAND 3o ;
PRELIMINARY PLAT
\
2811.62
t~
PLAT
OF
TWIN LAKES
CROSSING
2
TWIN LAKES CROSSING
OUTLOT A
TOTAL
1~¢31-ANO AREA ~0g. 4g
37.50
G P.A~HIC SCAL~
/I
/
/
eo~'
x~o
o?..o
/
/
EXISTINGCONDITIONS
OF
T :IN LAKES CROSSING
; .... . ..- ..... .. \ -'7
'~'~" '- ', :~, X v, ,", ', ....~':- ",,' ~ ..... ,
, '- , ~ . ,/ ":4 u, ' ' '~ N '.~'. , ".', ~--- _\ ~ ~ \ '~--:
. '-. /,. ::,: ?~f' .~ . ,,
-, ..... .., .... , I__...,...,......., ".,.I ,.
. ' '-. ~',' ..'~ ~ ~ ,~ ~ .'-
' , ' - -",/ ~ ,~ -"-"':~ ......'.'' . ~ '~ -. , : ....-'---:~:-:--: ..... ', ' N '" "~' ; %,~\ ~. £-'~
· x , ~ ' ...... ~' ~. ,-< ':.'' ..-- / /' -' ....' "" - .....~';''-" :
.... ~ ..... ' t ~.~ -- ~ \, ~ ~ ,---~-, \ · '
· , ~ .... .._.;. / / .....
: ~ ',., ,, i' ' ;'~ ',,' .b-?, I 'j:-'C ~,~:\~,, ~, ::.,. ,
, '"" ' '~,~"?' ~,',/- "--: "' ~, ~' '"'- I". ', ~ ~ :' ,. - :' ' ..... · ", : ',.~,.':,.~ ,:. :... '.. --~-, --.x '- ,'x .' ,', . -~-~
,.,, ..- , . . ,.,,.; . . . ... , ,,,'-.~., ,' , ..?. ,'. ~ . '-.. '. '. ....~ .,.......,.. -. ~_ -. ~ \ .~/ .... -==-.~. - ,. [ -.
· ,.' - : ',~.'.r , ' , .,-: ~ .....
: ' .-" ' ~": ~:;' .-~';~_ " J :;"~.-:,.,..: ""."'"'"":"~"~' ','. .'~>;4--~Z'?':'' '' ~ ' '-- "~"' '.' "" '- : ...... - ..... k-'"--~
· ' ' ' '- :,~> ' ' ' % '~ ~ /.."' '. ' -- ;,'."'. .... I .... ~' . :-:- :x ~ ..... .~ ', ..... ~ ..... . ---~". · - -":~---:-~:_~:~-,--.-:-_'-
· ,' ' ~- ~ , :' -'-' '-. x -?' - ~(' - -' ...... '~: ,"'~." -.' I "\ ..... '."'' - ~' r" ). -~"-' ~.".-' ' " ...... · '-----'"-'"'~:' "~.~'-
,' : , ,, ~ , ',, ., , -',c: '-7 --. . '\ ~' ,..' .'~_-' --Z~- 'x'.' '-' -
\. · . t ~ ~ · -.-' .," ' ' -. '? , '. ,.. ' '. ~ '--:~ ~ '=--.,'.' -."- " .- ~-- '-.':?", ',/ ' , ,---- ' ', /.'ZZ' -.'- ~.' .-' ' -. "- -".~- " '"'
,, ., ~z. :,: _., ..... .-,.. ::,--->-- .... ,,'.,.,%._ ~ :_, .... .: ...... -..-...'..,: :.:.': _:..-:_..,,: >' , , / f ...,:, . ........ ,','.._ .... .. ,.
~, --~' ~':':~'J .:."-"'::,':'-'~:~','.'.', :'.' - ;- 'L:. ....... . ,:' ,- .., '., '-,',.:-'.'.., ' / w~z~,vv .. / ' ,'..., ,i ,~ . ':?...". :: - -. :.-:'-:_-.,.' :-,-..
~ ....... .~.'-'",' : -''- · ' '~l
,' '. · .-: '.. ,' .-~- ' 7: ~ c::-'~.-.'-' ,.. ,' '..-, .... . ~ ' ~ ' -' . ' ' ':',,.,-'.'.. (. - -- · .
/' . ,: ;-,~.;' ,, :~,~-~. _. ;~R~.., · ~ .
: ' "" ' -' ' ' ' ' " - ' ""'" ' ..... ' -' ~ ~"~'(":'~ :- ~?";';;';" '~ 'D.R. I;artrJ jnc:..-c ,.,
'" :~'" ,EXISTING CONDITIONS
" ' '"" ,~, <[.~c', TWIN LAKES GROSSING
ROBERT L. HOFFMAN
GERALD H. FP~EDELL
EDWARD J. DRISCOLL
JOHN D. FULLMER
FRANK I. HARVEY
CHARLES S. MODELL
CHRISTOPHER J. DIETZEN
LINDA H. FISHER
THOMAS P. STOLTMAN
MICHAEL C. JACKMAN
JOHN E. DIEHL
JON S. SWIERZBWSKI
THOMAS J. FLYNN
JAMES P. QUlNN
TODD I. FREEMAN
GERALD L. SECK
JOHN B. LUNDOUIST
DAYLE NOLAN *
JOHN ~ COTTER*
PAUL B. PLUNKETT
KATHLEEN M. PICOTTE NEWMAN
GREGORY E. KORSTAD
GARY ~ VAN CLEVE *
TIMOTHY J. KEANE
MICHAEL W. SCHLEY
TERRENCE E. BISHOP
GARY A. RENNEKE
CHRISTOPHER J. HARRISTHAL
KENOEL J. OHLROGGE
BRUCE J. DOUGLAS
WILLIAM C. GRIFFITH, JR.
JOHN R. HILL
PETER J. COYLE
LARRY D. MARTIN
JANE E. BREMER
JOHN J. STEFFENHAGEN
MICHAEL J. SMITH
ANDREW F. PERRiN
FREDERICK W. NIEBUHR
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
ATTORNEYS AT LAW
1500 WELLS FARGO PLAZA
7900 XERXES AVENUE SOUTH
BLOOMINGTON, MINNESOTA 55431-1194
TELEPHONE (952) 835-3800
FAX (952) 896-3333
WILLIAM G. THORNTON
DOUGLAS M. RAMLER
LYNN M. STARKOVICN
KENNETH COREY-EDSTROM
ANN M, MEYER
STEPHEN J. KAMINSKI
THOMAS F. ALEXANDER
DANIEL T. KADLEC
ADAM S. HUHTA *
JAMES M. SUSAG *
DANIEL J. BALUNTtNE
JEFFREY O. CAHILL
SEAN D. KELLY
JOSEPH J. FITTANTE, JR.
THOMAS J. OPPOLD **
JONATHAN J. FOGEL
CYNTHIA M. KLAUS
MARK D. CHRISTOPHERSON
NEAt. J. BLANCHET~
TAMARA O'NEILL MORELAND
JAMES A. MCGREEVY, III
THOMAS A, GUMP *
TODD A. TAYLOR
CHRISTOPHER J. DEIKE
GENEVIEVE A. BECK
MARIA M. ZACK
DIONNE M. BENSON
JEREMY C. STIER
JOANI C. MOBER~
CHRIS M. HEFFELBO~NER
MICHAEL ESSlEN
OF COUNSEL
JAMES P. LARKIN *
JACK F. DALY
D. KENNETH LINEX3REN
· ALSO ADMIttED iN WISCONSIN
· * ONLY ADMITTED IN IOWA
July 15, 2002
Mayor Kinzing and City Council Members
City of Elk River
13065 Orono Parkway
Elk River, MN 55330-5600
HAND DELIVERED
Re: Tollefson Development Twin Lakes Crossing Development; Our File 24,134-14
Dear Mayor and Council Members:
We represent Tollefson Development Inc. (Tollefson) with regard to the proposed Twin Lakes Crossing
in the City of Elk River (the City). On April 30, 2002, Tollefson submitted an application for approval of
a rezoning and plat for Twin Lakes Crossing. The application was deemed complete and heard at the
Planning Commission. On June 17, 2002, Tollefson requested that the City Council hear the application
at "the next earliest possible date." The City did not hear the application at the next meeting, June 24,
2002. Pursuant to Minn. Stat. § 15.99, subd. 2, Tollefson's application has been approved by operation of
law; no further action is required for approval. Gun Lake Ass'n v. County of Aitkin, 612 N.W.2d 177,
181, fn.2 (Minn.App.2000).
Si~3cerely, ,,
LARK1N, HOFFMAN, DALY & I_~GREN,
Ltd.
CC:
City Clerk Sandra Peine
City Attomey Peter Beck
City Administrator Patrick Klaers
781166.1
If you can see open land, you could be next.
I oppose the rezoning of the Twin Lakes Crossing, Toilefaon Development, from
R1E (single family homes) to R,3 (townhouae/multiple family homes) for the following
masons: presewation of the integrity of the area, impact on traffic, schools, city services and
de,struc~on of wetlands which impacts the natural run off patterns.
{C ((
If you can see open land, you could be next.
I oppose the rezoning of the Twin Lakes Crossing, Tollefson Development, from
R1 E (single family homes) to R3 (townhouse/multiple family homes) for the following
reasons: preservation of the integrity of the area, impact on traffic, schools, city Services and
destruction of wetlands which impacts the natural run off patterns.
Name Address
.i
If you can see open land, you could be next.
I oppose the rezoning of the Twin Lakes Crossing, Tollefson Development, from
R1 E (single family homes) to R3 (townhouse/multiple family homes) for the following
reasons: preservation of the integrity of the area, impact on traffic, schools, city services and
destruction of wetlands which impacts the natural run off patterns.
Name Address
If you can see open land, you could be next.
I oppose the rezoning of the Twin Lakes Crossing, Tollefson Development, from
R1E (single family homes) to R3 (townhouse/multiple family homes) for the following
reasons: preservation of the integrity of the area, impact on traffic, schools, city services and
destructiOn of wetlands which impacts the natural run off patterns.
Name Address
If you can see open land, you could be next.
I oppose the rezoning of the Twin Lakes Crossing, Tollefson Development, from
R1 E (single family homes) to R3 (townhouse/multiple family homes) for the following
reasons: preservation of the integrity of the area, impact on traffic, schools, city services and
destruction of wetlands which impacts the natural run off patterns.
Name
Address
I
If you can see open land, you could be next.
I oppose the rezoning of the Twin Lakes Crossing, Tollefson Development, from
R1 E (single family homes) to R3 (townhouse/multiple family homes) for the following
reasons: preservation of the integrity of the area, impact on traffic, schools, city services and
destruction of wetlands which impacts the natural run off patterns.
Name Address
If you can see open land, you could be next.
I oppose the rezoning of the Twin Lakes Crossing, Tollefson Development, from
R1E (single family homes) to R3 (townhouse/multiple family homes) for the following
reasons: preservation of the integrity of the area, impact on traffic, schools, city services and
destruction of wetlands which impacts the natural run off patterns.
Name Address
If you can see open land, you could be next.
I oppose the rezoning of the Twin Lakes Crossing, Tollefson Development, from
R1 E (single family homes) to R3 (townhouse/multiple family homes) for the following
reasons: preservation of the integrity of the area, impact on traffic, schools, city services and
destruction of wetlands which impacts the natural run off patterns.
Name Address
If you can see open land, you could be next.
I oppose the rezomng of the Twin Lakes CroSsing, Tollefson Development, from
RIE (single family homes) to R3 (townhouse~ultiple family homes) for the following
reasons: preservation of the integrity of the area, impact on traffic, schools, city services and
destruction of wetlands which impac~ the natural run off patterns.
Name Address
If you can see open land, you could be next.
I oppose the rezoning of the Twin Lakes Crossing, Tollefson Development, from
R1E (single family homes) to R3 (townhouse/multiple family homes) for the following
reasons: preservation of the integrity of the area, impact on traffic, schools, city services and
destruction of wetlands which impacts the natural run off patterns.
Name
Address
If you can see open land, you could be next.
I oppose the rezoning of the Twin Lakes Crossing, Tollefson Development, from
R1 E (single family homes) to R3 (townhouse/multiple family homes) for the following
reasons: preservation of the integrity of the area, impact on traffic, schools, city services and
destruction of wetlands which impacts the natural run off patterns.
Name Address
'M,,& -- ~..//- 7o
If you can see open land, you could be next.
I oppose the rezoning of the Twin Lakes Crossing, Tollefson Development, from
R1E (single family homes) to R3 (townhouse/multiple family homes) for the following
reasons: preservation of the integrity of the area, impact on traffic, schools, city services and
destruction of wetlands which impacts the natural run off patterns.
Name Address
if you can see open land, you could be next.
I oppose the rezoning of the Twin Lakes Crossing, Tollefson Development, from
R1 E (single family homes) to R3 (townhouse/multiple family homes) for the following
reasons: preservation of the integrity of the area, impact on traffic, schools, city services and
destruction of wetlands which impacts the natural run off patterns.
Name Address
If you can see open land, you could be next.
I oppose the rezoning of the Twin Lakes Crossing, Tollefson Development, from
R1E (single family homes) to R3 (townhouse/multiple family homes) for the following
reasons: preservation of the integrity of the area, impact on traffic, schools, city services and
destruction of wetlands which impacts the natural run off patterns.
Name Address
ioq
If you can see open land, you could be next.
I oppose the rezoning of the Twin Lakes Crossing, Tollefson Development, from
R1E (single family homes) to R3 (townhouse/multiple family homes) for the following
reasons: preservation of the integrity of the area, impact on traffic, schools, city services and
destruction of wetlands which impacts the natural run off patterns.
Name Address
If you can see open land, you could be next.
I oppose the rezoning of the Twin Lakes Crossing, Tollefson Development, from
R1E (single family homes) to R3 (townhouse/multiple family homes) for the following
reasons: preservation of the integrity of the area, impact on traffic, schools, city services and
destruction of wetlands which impacts the natural run off patterns.
Name Address
//~7G
If you can see open land, you could be next.
I oppose the rezoning of the Twin Lakes Crossing, T°llefson Development, from
R1 E (single family homes) to R3 (townhouse/multiple family homes) for the following
reasons: preservation of the integrity of the area, impact on traffic, schools, city services and
destruction of wetlands which impacts the natural run off patterns.
If you can see open land, you could be next.
I oppose the rezoning of the Twin Lakes Crossing, Tollefson Development, from
R1 E (single family homes) to R3 (townhouse/multiple family homes) for the following
reasons: preservation of the integrity of the area, impact on traffic, schools, city services and
destruction of wetlands which impacts the natural run off patterns.
Name
Address
If you can see open land, you could be next.
I oppose the rezoning of the Twin Lakes Crossing, Tollefson Development, from
R1 E (single family homes) to R3 (townhouse/multiple family homes) for the following
reasons: preservation of the integrity of the area, impact on traffic, schools, city services and
destruction of wetlands which impacts the natural run off patterns.
Name Address