Agenda Packets - 2002/07/08 - Laserfiche WebLink

Home Browse Search

Harstad Rezoning Report July 8, 2002 Page 3 Regarding the lots that would take access on Greenwood Drive with traffic channeled through Louisa and Clearview Avenues, staff and the Planning Commission agree that the introduction of townhomes into the interior of this area fronting Greenwood Drive would significantly impact the neighborhood to a great extent. The interior neighborhood, considered to be those properties fronting Louisa and Clearview Avenues, would be subjected to much higher population densities, the potential degradation of the natural wetlands on the site, and increased traffic volumes over and above what would reasonably be expected from single-family dwellings. The added traffic volume generated by the proposed 34 units whose sole point of access would be Greenwood Drive, would adversely affect the existing neighborhood so extensively that the standard for rezoning could not reasonably be satisfied. Legal Standing to Apply Much discussion occurred at the Planning Commission level regarding the Harstads’ right to apply for the rezoning. Residents of the existing 6-unit townhome building maintain that they have to sign-off on any applications relating to the property, and claim that the City Attorney issued a ruling that would support this. The ruling, which is attached for your review, was in response to a different rezoning scenario that did encompass the common space as well as the six existing townhome lots. The current proposal contemplates rezoning on ONLY those lots owned by the Harstads’, not the common area or the existing townhome owners. Wetlands As can be seen on the attached Wetlands Map, 38 of the 42 lots east of Greenwood Road are located within the City’s wetland zoning district, and of those 38, 15 lots are within the wetland itself. No development can occur within a wetland zoning district without a special wetland permit. According to Section 1010 of the City Code, development is defined as follows: “The construction, installation or alteration of any structure, the extraction, clearing or other alteration of land or terrestrial or aquatic vegetation or the course, current or cross-section of any water body or watercourse or the subdivision of land into parcels pursuant to Title 1200 of the Municipal Code.” What this definition means is that without a wetland alteration or wetland buffer permit, no activity can occur within this overlay district. There would need to be significant and compelling documentation prepared by certified professionals in addition to a critical review by the Rice Creek Watershed District, who has jurisdictional control over wetlands, before any development could potentially occur within a wetland zoning district. Public Notice A public hearing has been scheduled for the July 8th meeting. Notices were also sent to residents to inform them about the Planning Commission meetings and many residents attended to provide their input. Other residents submitted letters for the Planning Commission’s review, which are attached to this report for Council review as well.