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&1 I FOSTER & BREVER, PLLC ATTORNEYS AT LAW THOMAS E. BREYER R0IiEin J. FUSHt< ERIC BREVER, LAW CLERK "' DATE: TO: FROM: RE: MONDAY, JUNE 28, 2004 ROBERT FOSTER LUCIANA ZAMITH CITY OF HASTINGS - R-3 ZONING APT COMPLEX -' 1. Should a Condominium Building, such as Lawrence Condos, be built in Block 1, Lot 2 of Williams First Addition? FACTUAL BACKGROUND Block 1, Lot 2 of Williams First Addition is located in a R-3 zone, otherwise known as a Medium- Density Residence Zone. The. intent of this zone is to recognize "the growing demand for rental housing in Hastings" and to allow "increased 'design flexibility' and a more compatible land use development pattern." . Art. 10.14, subd.!. However, as with any zoning area, subdivision ofland, otherwise known as platting, must comply With "good overall design." As Mr. T9m Harmening, City Planner, recognized in his memorandum of January 24, 1986, it is important for city development to use "transition uses," thereby creating "good overall design" that "could blend. . . well with the existing land use in the area." Building a Condominium Building in Block I Lot 2 does-not comply with the requirement of a "good overall design." At the time Schumacher Realty first moved for a rezoning of the area known as Williams First Addition, from AG land use, to R-3 zone, city council rejected its initial proposal, due to a "need to re-organize the site plan to provide high quality design which is required by the P.R.D. Procedure." Memorandum From Tom Loucks to City Council (Dec. 30, 1985). Among the reasons for its denial, Mr. Tom. Loucks recommended that "a row of duplexes be located east of proposed Whispering Lane [Block 3, Lots 2-7] in order to serve as a transition between the multi-family housing units and proposed single family units on the westem part of the site." Concerned with the "good overall design" of the Williams First Addition, and the need for the use ofland that "could blend. . . well with the existing land in the area," Mr. Tom Harmening stated in his Memorandum of January 24, 1986 that "[i]fthe city approves the rezoning and preliminary plat the developer will still be . required to receive site and building plan approval at the time of an actual construction proposal. Therefore, approval at this time is by no means approval of a final site plan." Concern for final approval is echoed in Ch. II Subdivision Regulation (Platting). A further illustration of the city's concern for the need of "transition uses"Ts contained under the recommendation of Mr. Harmening, which states, "[i]t is recommended that approval be subject to the following conditions or understandings being implemented: I. That the park land, single family homes, duplexes, townhouses, and apartment units be located on their respective lots as proposed -.- Suite 200 . 28SS Anthony Lane South. St. Anthony, MN 55418 Telephone: (612) 789-1331 www.fosterbrever.com >l0:u/ tlXif/a-l oJ pc. }/rf?