6.2. SR 05-21-2001Item # 6.2.
City
MEMORANDUM
TO:
FROM:
Mayor and City C~
Michele McPhersdnf~irector of Planning
DATE:
May 21, 2001
SUBJECT:
Case No. OA 01-05
An Interim Ordinance Establishing a Moratorium on
Townhome Developments
Attachments
· Ordinance Number 01-
· May 9, 2001 Letter from Elk River Station LLP
Background
Per the City Council's direction on April 9, 2001, staff has prepared, with the assistance of
the City Attorney, the attached ordinance establishing a 6-month moratorium on townhome
developments.
The Planning Commission conducted a public hearing on the interim ordinance at a special
meeting on May 8, 2001. At that meeting, representatives from Elk River Station, L.L.P.
attended the meeting and spoke to request a waiver or an exemption for the Elk River
Station project located on the Eull property. They have the attached letter again requesting a
waiver from the moratorium ordinance. Also in attendance that evening was Mr. Don
Patten, representing D.R. Horton, the developer of Trott Brook Farms. They have
purchased or are in the process of purchasing the Stoffel Reitsma property located at the
southeast corner of County Road 12 and Twin Lakes Road. They have not submitted a
formal application nor have they presented a concept plan to staff, however, they indicated
that their intent would be to replicate the products in Trott Brook Farms (i.e., the 8-plexes,
4-plexes and single family homes) on the 40-acre property. Staff believes that the bulk of the
product that would be located on the Reitsma piece would be the 8-plex condominium
product. Mr. Patten also requested a waiver from the moratorium, however, acknowledged
that D.R. Horton has less of a vested interest than Elk River Station, L.L.P.
S:\PLANNING\MICHMC\CCREPRTS\THmoratorium.doc
Memo to Mayor and City Council
Townhome Moratorium
May21,2001
Page 2
Recommendation
Staff recommends the City Council adopt the attached ordinance establishing a 6-month
moratorium on townhome developments. If the revised townhome ordinance is drafted and
adopted prior to the expiration of 180 days, staff will recommend that the Council lift the
moratorium.
ORDINANCE 01 -
CITY OF ELK RIVER
AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE
ESTABLISHMENT OF TOWNHOME DEVELOPMENTS WITHIN THE CITY
OF ELK RIVER
CASE NO. 01-05
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Purpose: Due to an increased market interest in the
establishment and construction of Townhome Developments the City's current
ordinance provisions regulating Townhome Developments are obsolete and require a
re-write. It is anticipated that the process to re-write the current ordinance will
take approximately 6 months.
Section 2. Findings: The City Council of the City of Elk River finds that it
is necessary in order to protect the integrity of the City's zoning ordinance, the
balance of housing types in the City, and the health, safety and welfare of the
citizens of Elk River, to declare a moratorium on the approval of Townhome
Developments within the City of Elk River until the City has completed the process
of updating the City's Zoning ordinance provisions regulating Townhome
Developments.
Section 3. Definition: Townhome Developments shall mean any project
including one or more of the following items: a density of more than four units per
acre, buildings containing dwelling units with common walls, open space held in
common ownership in zoning districts other than A-1 or Rl-a, private streets, or
dwelling units organized in an association as allowed under Minnesota Statue 515b
in zoning districts other than A-1 or Rl-a.
Section 4. Moratorium Declared: During the term of this ordinance and
any extensions thereof, a moratorium is hereby imposed within the City of Elk River
on the approval of Townhome Developments within the City of Elk River. During
the term of this moratorium, the City will not accept an application for or consider
any approval required by the Zoning Ordinance for the development of Townhome
Developments. This moratorium does not apply to Townhome Developments, which
have been approved by or for which apphcation was made prior to April 16, 2001.
Section 5. Waiver of Restrictions: In cases of hardship, any person having
a legal or equitable interest in land and aggrieved by the requirements of this
ordinance may apply to the City Council for a waiver of all or a portion of the
applicable restrictions. A waiver may be granted where the City Council finds
substantial hardship caused by the restrictions and finds that the waiver will not
unduly affect the integrity of the planning process or the purposes for which the
interim ordinance is enacted.
S:\PLANNING\ORDINANC\OA01-05.DOC
An apphcation for waiver shall be filed on a form approved by the director of
planning.
The director of planning shall prepare a report and recommendation and
shall forward the request to the Planning Commission who shall conduct a public
hearing on the request. Not less than ten (10) days before the pubhc hearing, the
director of planning shall mail notice of the time, place, and purpose of the hearing
to property owners within three hundred and fifty (350) feet of the subject property.
The failure to give mailed notice to individual property owners, or defects in the
notice, shall not invalidate the proceedings provided a bona fide attempt to comply
with this subdivision has been made. Following the public hearing, the Planning
Commission shall forward its recommendation to the City Council for final action.
The City Council may impose such conditions and require such guarantees
related to the grant of waiver as it deems reasonable and necessary to protect the
public interest and to ensure compliance with the standards and purposes of this
zoning ordinance and policies of the comprehensive plan.
Section 4. Term: This ordinance shall be effective upon publication as
provided by law and shall terminate 180 days thereafter unless earlier terminated
or extended by action of the City Council. It is the intent of the City Council that
this ordinance shall be in effect only until the City has completed re-writing its
townhome ordinance.
Passed and adopted by the City Council of the City of Elk River this ., 2001.
day of
Attest:
Stephanie Klinzing, Mayor
Sandra A. Peine, City Clerk
s:\document\ordinance\oa97-1.doc
ELK RIVER STATION LLP
1611 Highway 10 NE
Spring Lake Park, MN 55432
May 9, 2001
Ms. Michelle McPherson
Director of Planning
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Re: Elk River Station - Townhome Moratorium
Dear Ms. McPherson:
After giving testimony at the Planning Commission public hearing on May
8, 2001, we would like to summarize our position for the upcoming May 21,
2001 Council meeting.
Assuming the draft Interim Moratorium Ordinance is voted for enactment,
we request that as a scheduled separate agenda item, our proposed Elk River
Station be considered for waiver of restrictions as provided for in Section 5.
We will present several reasons for our request to be excluded from the
Moratorium for: (1) Procedural reasons, (2) reasons of Quality and, (3)
Teamwork reasons.
(1) Procedural; Step by Step:
(a) It is our opinion that the patient approach taken, and the
input and dialog that we have had with your City Staff, Planning
Commission, and City Council has resulted in a plan that has
significant benefits to and support from the City of Elk River.
Ms. Michelle McPherson
May 9, 2001
Page Two
(b) Initial site plans have been refined following Planning
Commission input, staff observations and Council concerns, regarding
density. Findings of a joint meeting of MNDot and Northstar Line
Administrators have also had planning refinement impact. We fully
realize that the Plan and PUD application has not been formally
approved and therefore has no legal standing.
(c) However, based on the positive responses we received over
the past five months from all parties mentioned above, we proceeded
with purchase of the land and went ahead with the costly process of
detail planning, design and engineering.
(d) We had our application for Elk River Station, with all of the
required exhibits, virtually complete.
(2) Quality; A Model Multifamil¥ Development.
We began, and continue our neighborhood building efforts with one goal:
quality planning and design... To make a positive, exemplary addition to
your City.
We believe the numerous, unique, innovative (and costly) features listed
below speak to the uncommon quality proposed and advocated by our plan:
a) A careful mix of intergenerational home types.
b) A cooperative senior housing facility that dovetails with
a daycare facility.
c) A mixture of land uses with appropriate commercial and
office to minimize the burden on perimeter roads and enable/motivate
walking and short drive convenience trips.
d) An inter-mix of both row townhomes with back-to-back
townhomes, each positioned to provide site plan interest and variety.
e) Preserved, highly visible and accessible wooded portions
of the site.
Ms. Michelle McPherson
May 9, 2001
Page Three
f) Extensive inter-connection of wooded trail areas to
treeline sidewalks along most roadway boulevards.
g) Careful positioning and design of homes and buildings
along entry and internal roads and courts, all of which focus on open
space and public greens. This provides a unique, quality visual focus
and park emphasis.
3) Teamwork; A Public-Private Partnership:
Our efforts to date, we feel, exemplify an open, positive, constructive
approach taken by a private development team in concert with City staff,
Planning Commission and Council. In contrast to most development efforts,
we have embraced the traditional City role of providing parks, greens and
central civic space beyond the typical park dedication requirements. We feel
we advance the causes and values of the City with an uncommon
commitment.
Because of these numerous, forward-thinking, "Smart Growth" features, Elk
River Station can become the City's demonstration neighborhood,
exemplifying the goals of any forward-looking new regulations.
If we are excluded from the Moratorium, and if we are allowed to proceed to
the next step in your Plan Unit Development approval process, we believe
that the result will be an outstanding Transit Orientated Planned Unit
Development. We are of the opinion that your present PUD process will
result in a neighborhood, which will be superior to one developed under any
existing or new set of highly prescribed zoning rules.
As you know, your present PUD approval process provides the City with
absolute and total discretion on virtually every element of our proposal.
Because of this control, we believe Elk River Station can be a demonstration
neighborhood that will exemplify high quality appropriately priced multi-
family "Smart Growth".
Ms. Michelle McPherson
May 9, 2001
Page Four
Thank you for considering our position on this important issue.
Cc
Carol Mills, Executive Director, Guardian Angels of Elk River
Paul Sween, Dominium Development, LLC
Peter Pflaum, Lundgren Brothers Construction
Bill Pritchard, Orin Thompson Homes