Item #3 - City Zone Change #936 – 1545 Hawthorne Lane – A zone change request from Residential 5,000 (R-50) to Residential Multi-Family-Restricted (RMF-R) on Lot 11, Block 1, of Caleb Park Subdivision, a 2.137 acre parcel of land. The applicant conducted a pre-application neighborhood meeting on April 7, 2015, at Lake Elmo State Park, 2300 Lake Elmo Road. Tax ID: D05362.
 

The Planning Division is recommending denial based on the findings of 10 criteria for zone changes.

OWNER: First Free Will Baptist Church - Wesley Prouse
AGENT: Jens Selvig, Construction by Design
LEGAL DESCRIPTION: Lot 11, Block 1, of Caleb Park Subdivision
ADDRESS: 1545 Hawthorne Lane
CURRENT ZONING: R-50
EXISTING LAND USE: Church and accessory buildings
PROPOSED USE: Four 12-plex apartments (48 dwelling units)
SIZE OF PARCEL: 2.137 acres

None.

The property was annexed to the city in 1984 and zoned R-70. The property received a zone change in 2005 from R-70 to R-50 prior to the subdivision of the property. The R-50 zoning allows single or two-family dwellings on lots of either 5,000 square feet or 8,000 square feet respectively. The R-50 zone also allows up to 40% lot coverage when most residential zones only allow 30% lot coverage. Most of the surrounding neighborhood is R-70 and has remained R-70 since zoning was adopted by the County in 1973. The property directly north, the 3Gs Convenience Store as well as the retirement home, received a zone change from R-70 to Neighborhood Commercial (NC) in 1978 and 1979. Further west at the intersection of Bench Boulevard and Wicks Lane, King Place Subdivision received a zone change from R-70 to NC and RMF-R in 2005.

NORTH:	Zoning: NC Land Use: 3G's Convenience and a retirement home
SOUTH:	Zoning: R-70 Land Use: Undeveloped land
EAST:	Zoning: R-50 Land Use: Caleb Court Neighborhood - single family homes
WEST:	Zoning: R-70 Land Use: Single family homes

In 2006, the City adopted the Billings Heights Neighborhood Plan and this area was designated for "medium to low" density housing development. The plan states that "arterial corridors" may have opportunities for the development of higher density or multi-family housing that is compatible with the surrounding neighborhoods and zoning. The property is located on the southeast corner of the intersection of Wicks Lane and Hawthorne Lane. Wicks Lane is an arterial street and Hawthorne Lane is a collector street. Property to the north is zoned NC and was developed in the late 1970s for a convenience store and gas station. To the east of the convenience store, the zoning is also NC and has been developed as a retirement home. All the other surrounding development is zoned R-70, a zoning designation for medium density residential uses including single family and 2-family dwellings.

Wicks Lane carries about 5,530 vehicles per day at this location and Hawthorne Lane about 2,630 vehicles per day. A 2 or 3 lane arterial street can carry up to 25,000 vehicles per day depending on the surrounding development. This segment of Wicks Lane serves as an arterial street primarily for the residential neighborhood east of Bench Boulevard. A 48-unit multi-family development could add up to 384 additional vehicle trips per day to Wicks Lane or Hawthorne Lane depending on how the property is developed. The existing church has a drive approach on to Wicks Lane but not on Hawthorne Lane. Development of the property would likely trigger additional street and public improvements on Hawthorne Lane and Wicks Lane. The Subdivision Improvement Agreement (SIA) for Caleb Park Subdivision may require a Special Improvement District to be formed to install any necessary improvements on Hawthorne Lane. The subject property is allowed 2 driveways from Hawthorne Lane into the property and 1 driveway from Wicks Lane. The driveways from Hawthorne Lane would need approval from the City Engineering Division prior to construction.

The owner and agent conducted three pre-application meetings. The first two meetings were not conducted according to the requirements of the city zoning requirements. The third meeting on April 7, 2015, met the requirements for a pre-application meeting. The attendance list and meeting notes are attached. The Planning Division has been contacted by several surrounding property owners and has received a protest petition against the zone change and a letter in opposition to the zone change. Planning staff has determined a valid protest has been filed. A valid protest of a zone change triggers a 2/3 majority vote of the City Council to approve the zone change. The protest letter and petition are also included as an attachment.

The Planning Division has reviewed the request and is recommending denial of the zone change based on the proposed findings of the 10 criteria for zone changes. The application is not supported by the adopted goals of the 2008 Growth Policy and the Billings Heights Neighborhood Plan. The applicant intends to develop 48 dwelling units (four, 12-plex apartment buildings) on a 2-acre property. The proposed density is not compatible with the surrounding zoning of R-70 and the existing development on Caleb Court to the east, Denway Place, and Victory Avenue to the west. The existing R-50 could allow 10-11 duplex dwellings (20-22 dwelling units) on this 2-acre site. This is compatible with the existing development in the area. Wicks Lane is an arterial street and could accommodate additional traffic or higher density housing if it was compatible with the adjacent development.

The Planning Division recommends denial based on the findings of the 10 criteria for Zone Change 936.