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HomeMy WebLinkAboutResolution 5802 . . . RESOLUTION NO. 5802 CITY OF MOUl\'DS VIE\V COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION OF THE CITY COU~CIL TO DENY THE REQUEST TO REZONE LOTS 1 - 52 AND LOTS 59 - 72, BLOCK 1, RED OAK ESTATES NO.3, FROM R-l, SINCLE-FA1VIIL Y RESIDENTIAL, TO R-3, MEDIUlVI DEl\SITY RESIDENTIAL; PLANNING CASE NO. ZC02-003 \VH EREAS, the applicant, Martin Harstad, representing property owners Keith and Diane Harstad. has applieu to rczone 66 platted townhome lots within the Red Oak Estates No.3 subdivision located at the southwest corner of Long Lake Road and County Road H2, said lots bcing legally described as follows: Lots 1 - 5:7 ..1/1(1 LoIS 59 - 7:7, Block J, Red Oak Estates No.3 Ramsey County WHEREAS, the City Council has revieweu the following documents regarding this proposal: 1. 2. 1. ') Planning Application Zoning Map Location Map futurc Land Use Map County Half Section Map Wetland Zoning Map Residents' letters Starr Report Planning Commission Resolution , -' . 4. 5. 6. 7. \VIIEREAS. the City Council held a public hearing regarding this request on Monday, July S. 2002; and, \\'IlEREAS, according to Section 1125.01 oCthe Mounds View Zoning Code, the City Council is to consider the possible adverse effects ofthc proposed rezoning and shall make a finding of f~tct related to its review o[the request. . . . Resolution 5802 PJg~ 2 NO\V, THEREFORE, BE IT RESOL YED, the Mounds View City Council makes thc following findings regarding the possible adverse effects of this rezoning as required by the \lounds View Zoning Code: 1. The CUlTent zoning of the lots is R-l, Single Family Residential. The requested zoning of the lots is R-3, Medium Density Residential. 2. According to the Comprehensive Plan, the parcels proposed to be rezoned arc designated either Single Family Attached (those adjacent to County Road H2) or Single Family Detached (thosc adiacent to Greenwood Drive). Only those lots within the Single Family Attached area would bc consistcnt with the Comprchensive Plan, as shown on thc Futurc Land Lsc :Vlap. 3-+ of the rcquestcd 66 lots are within the Single Family Detached area and would not be consistent with the Comprehensivc Plan. The remaining 32 lots proposcd to be rczoned would not bc inconsistent with the Comprehensive Plan, however the requested R-3 designation is more intensivc than what could bc allowcd within an R-2 designation, which is also consistent with the Single Family Attachcd futurc land use designation. The City Council believes that the lots adjacent to County Road H2 arc more appropriately suited [or re-zoning to R-2. which would allow either single family homes or twin homes to be constructed, and that thc lots adjacent to Greenwood Drive should continue to be zoned R-l 3. Many orthe lots proposed to be rezoned arc \vitl1in the City's Wetland Zoning Distric.t. 15 of the lots or parts thereof are within the wetland itself while another 23 lots arc within the buffer area. Altogether, 38 lots have modcrate to severc limitations due to thc soils and wetlands. The rcmaining lots may have grading and drainage issues which could further aggravate stormwater management on the site. 4. The intensity of the potcntial dcvclopment in 6 or 8-unit buildings would have a significant impact to the existing residenccs and to the natural environment. The amount oftraftic generated by 34 townhome units add cd to the residential streets of Clcarview and I.ouisa Avenues \vould be extensive and could represent a safety hazard to the public, depreciating the peace, health, safety and welfare of the neighborhood, 5. A high-density residential apartment complex is located on the north side of County Road H2. On the south sidc of County Road H2 are the existing 6 townhome units and single- t~lIni Iy residential dwellings. The interior of the neighborhood, the area in which 34 townhomc units would take access. is developed exclusively as singlc-family residential. To the east of the development area is a drainage ditch and wetland area. 6. The Mounds Vicw Planning Commission, at their meeting on June 19,2002, unanimously recommended to the City Council denial of the rezoning request, citing many of the samc adversc effects. 7. The City Council believes that Lots 73 and 74. which constitute the common area. should be included in any rezoning of Lots 1-52 and Lots 59-72, because Lots 73 and 74 abut the other lots and are also the only lots that directly abut the public streets that provide access . . . Resolution 5802 l)agl~ .) to Lots 1-52 and 59-72. Normally accepted planning principles dictate that those two lots be zoned the same as the abutting lots. NO\V, THEREFORE, BE IT FINALLY RESOLVED, based upon the above findings of fact and the recommendation of the Planning Commission, the information and documcnts regarding the rezoning proposal. the report drafted by staft~ the testimony ofthc applicant and the rcsidents provided at the public hearing, the Mounds View City Council docs hereby deny thc rczoning requests made by Martin Harstad. Adoptcd this 12nd day of August, 2002. APPROVED Richard SontelTe, Mayor Attest: t" ~)~ r' rF'''' I~ ~ 8 ! ~ ~' \I [1 t; hi J 1/ rl ,:\ f! F r-~"~ ~-1'.\ 'F~ ir" ~1~:1.~-~~ & ~l 'ji! .,' ~;.; .~ ,r----'(\, J'i B)1 (,1 /{ i\$ L: !'; '! 'Cl U " ",--," VIii "j1 " u '=-' U ,l. tW Kathleen Miller. City Clerk/Administrator (Seal) \lolion: Tho1l1JS Second: Sligncy Sonterrc: Aye Stigney: Aye \lany: ;\JY Quick: Aye Thomas: Aye