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5.6. SR 06-21-2010REQUEST FOR ACTION To Item Number City Council 5.6. Agenda Section Meeting Date Prepared by Community Development June 21, 2010 Chris Leeseberg, Park Planner-Planner Item Description Reviewed by An Ordinance of the City of Elk River Zoning Certain Property Jeremy Barnhart, Planning Manager into the Mixed Use Elk River Plaza Zoning District, Public Reviewed by Hearing -Case No. ZC 10-03 Action Requested Staff and the Planning Commission recommend the City Council adopt an ordinance zoning certain property into Mixed Use Elk River Plaza Zoning District. Summary The Planning Commission, on April 13, 2010, reviewed an overlay district to the Planned Unit Development (I'UD) to codify the Elk River Plaza PUD. Since that meeting, the City Attorney believes the subject area should be rezoned to a new stand alone zoning district Mixed Use Elk River Plaza (MU- ERP) while dissolving the current Planned Unit Development agreement. Planning Commission Discussion It was questioned if the MU-ERP classification could be utilized in other parts of the City. Staff informed them that technically yes it could be, but would not make sense to use that name in other parts of the City given the Elk River Plaza (ERP) label. The Planning Commission unanimously. recommended approval of the request. Public Comment A commercial property owner stated he was more comfortable with the zoning when it was staying a Planned Unit Development with an overlay district. He was not comfortable with the newly proposed zoning as he felt it would give the county the ability to raise his taxes. Staff has indicated that the property taxes are not based on the zoning classification of the property, but a classification the County Assessors Department puts on the property. He questioned why the City could not get anything from Sherburne County indicating taxes would not be affected by the zone change. At the April 13, 2010 Planning Commission meeting, it was noted that Sherburne County's website states: Each property's share of taxes is determined according to its value, classification (use), and the property tax levies. In an email to Sherburne County on April 5, 2010, staff asked "We have always been under the impression that property taxes are based on the use of the property and not the honing classification. Is that correct?" The County's response was, "Property taxes are not based on the zoning classification of the property, but a classification the Assessors Dept. puts on for taxing purposes." A commissioner stated the City has no control over how the county assesses properties for tax purposes. N:\Departments\Community Development\Planning\Case Files\ZC\ZC 10-03 F,lk River Plaza\ZC 10-03_CC-3.doc Attachments • Staff Report to Planning Commission dated June 8, 2010 • Ordinance No. Action Motion by Second by Vote Follow Up N:\Departments\Community Development\Planning\Case Files\ZC\ZC 10-03 Flk Rivex Plaza\ZC 10-03_CC-3.doc ~/ Elk REQUEST FOR ACTION River - To Planning Commission Agenda Section Planning Items Item ®escription Meeting Date June 8, 2010 Request b~~ City of Elk River for Rezoning of Elk River Plaza PUD, Public Hearing -Case No. ZC 10-03 Item Number 5.4 Prepared by Chris Leeseberg, Park Planner-Planner Reviewed by (enemy Barnhart, Planning Manager Reviewed by Action Recauested Staff recommends that the Planning Commission recommend approval of the Zone Change request. Background/Discussion The Planning Commission, on April 13, 2010, reviewed an overlay district to the Planned Unit Development (PUD) to codify the Elk River Plaza. Since that meeting, the City Attorney believes the subject area should be rezoned to a new stand alone zoning district (Mixed Use Elk River Plaza) while dissolving the current Planned Unit Development agreement. The only difference from what was re~~iewed at that Planning Commission meeting is that there will not be an overlay district and the PUD zoning will be removed. The proposed uses and setbacks that were reviewed at that meeting will be the same with the proposed new zoning district. As the proposed uses are not changing from what is currently allowed, this zone change should not hate anv effect on the taxes. Attachments Paxtial Zoning Map • Current vs. Proposed Uses Action -Zotion by Second by Vote Follow Up Uses Currently Allowed Permitted Uses Bed and breakfasts establishments Business and professional offices Class I restaurants Nurseries, produce markets, and garden centers, which may include outdoor display Outpatient health care facilities Personal service establishments Retail shops and stores Sale of firearms Conditional Use Permit Accessory structures associated with single-family dwellings Apartments subordinate to the principal use Gar, RV and marine sales Carwashes Class II restaurants Commercial parking lots Commercial parking ramps Commercial recreation, outdoor Commercial recreational facilities, indoor Proposed Uses Pemitted Uses Business and professional offices Class I restaurants Nurseries, produce markets, and garden centers, which may include outdoor display Outpatient health care facilities Personal service establishments Public parks Retail shops and stores Sale of firearms Single family residential Accessory structures associated with single-family dwellings Zero lot line development. Conditional Use Permit Carwashes Class II restaurants Commercial recreation, outdoor Commercial recreational facilities, indoor Conditional Home Occupations Corivenience stores _ Development of property within 50 feet of the wild and scenic river district Dry cleaning establishment Dry cleaning establishment Enclosed light manufacturing with related retail sales Equipment rental businesses Financial institutions Funeral parlors Governmental buildings and facilities Motor vehicle specialty shops Multiple-family dwellings, provided that business/commercial uses occupy the ground floor below the residential use Nonprofit clubs, lodges or halls On-sale liquor establishments Pawnshops (250-foot setback from any residential zone and 500-foot setback from schools, parks, day care centers, churches and other pawnshops, measured from the property line) Physical recreation or training Produce markets Sauna establishments Shopping centers Single-family dwellings Veterinary clinics Enclosed light manufacturing with related retail sales Equipment rental businesses (no outdoor storage) Financial institutions Funeral parlors Governmental buildings and facilities Governmental offices Licensed day care facilities Motor vehicle specialty shops Multiple-family residential Nonprofit clubs, lodges or halls On-sale liquor establishments Pawnshops (250-foot setback from any residential zone and 500-foot setback from schools, parks, day care centers, churches and other pawnshops, measured from the property line) Produce markets Sauna establishments Shopping centers Single-family dwellings Veterinary clinics Current uses being recommended to be removed ~ Uses currently not allowed, recommended to be allowed -- _ --i ~'S' CLk L~ N I ~, ~ ~ s .. ~ ~ ~ ~ ~ ~~. ~ ~ DEERFIELD 4 ~ ~~.~ ~ ,~ _ ,~ „~. _,~ F ,_ , , ,~. 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L - ~) `' ~ ', z ,~'~ ~ _ A~ dt - \ ~, \ i _ ~- - - T ~ - 0 ~ ~ ~ ~ y ~ dC ~ 3r S I PROPOSED ZONING ~ ' =~~ E°` ELK RIVER PLAZA 1 .._. itlt7er NOT APPROVED - __ Uses Currently Allowed Permitted Uses Bed and breakfasts establishments Business and professional offices Class I restaurants Nurseries, produce markets, and garden centers, which may include outdoor display Outpatient health care facilities Personal service establishments Retail shops and stores Sale of firearms Conditional Use Permit Accessory structures associated with single-family dwellings Apartments subordinate to the principal use Car, RV and marine sales Carwashes Class II restaurants Commercial parking lots Commercial parking ramps Commercial recreation, outdoor Commercial recreational facilities, indoor Proposed Uses Pemitted Uses Business and professional offices Class I restaurants Nurseries, produce markets, and garden centers, which may include outdoor display Outpatient health care facilities Personal service establishments Public parks Retail shops and stores Sale of firearms Single family residential Accessory structures associated with single-family dwellings Zero lo{ line development. Conditional Use Permit ~ Carwashes Class II restaurants Commercial recreation, outdoor Commercial recreational facilities, indoor Conditional Home Occupations Convenience stores _ Development of property within 50 feet of the wild and scenic river district Dry cleaning establishment Dry cleaning establishment Enclosed light manufacturing with related retail sales E~tuipment rental businesses Financia~ institutions Funeral parlors Governmental buildings and facilities Motor vehicle specialty shops Multiple-family dwellings, provided that business/commercial uses occupy the ground floor below the residential use Nonprofit clubs, lodges or halls On-sale liquor establishments Pawnshops (250-foot setback from any residential zone and 500-foot setback from schools, parks, day care centers, churches and other pawnshops, measured from the property line) Physical recreation or training Produce markets Sauna establishments Shopping centers Sir)~Je-family dwellings Veterinary clinics Enclosed light manufacturing with related retail sales Equipment rental businesses (no outdoor storage) Financial institutions Funeral parlors Governmental buildings and facilities Governmental offices Licensed day care facilities Motor vehicle specialty shops Multiple-family residential Nonprofit clubs, lodges or halls On-sale liquor establishments Pawnshops (250-foot setback from any residential zone and 500-foot setback from schools, parks, day care centers, churches and other pawnshops, measured from the property line) Produce markets Sauna establishments Shopping centers Single-family dwellings Veterinary clinics Current uses being recommended to be removed ~ ~ Uses currently not allowed, recommended to be allowed ORDINANCE NO. 10- CITY OF ELK RIVER An Ordinance of the City of Elk River zoning certain property into the Mixed Use Elk River Plaza Zoning District. FINDINGS OF FACT The City Council of the City of Elk River makes the following Findings of Fact: 1. The City of Elk River Mixed Use Elk River Plaza (NIU-ERP) Ordinance was adopted on June 21, 2010. 2. The rezoning is consistent with the City of Elk River Land Use Plan adopted as part of the City of Elk River Comprehensive Plan. ORDINANCE The City Council of the City of Elk River does hereby ordain as follows: Section 1. That the duly adopted Zoning Map of the City of Elk River is hereby amended to rezone the properties described on attached Exhibit A from PUD (Planned Unit Development) to MU-ERP (Mixed Use Elk River Plaza). Section 2. That this Ordinance shall take effect upon publication as provided by law. Passed and adopted this 21S` day of June, 2010 by the City Council of the City of Elk River. CITY OF ELK RIVER By: Stephanie Klinzing Its: Mayor By: Tina Allard Its: City Clerk Exhibit A Lot 1, Block 1, Elk River Plaza Lot 1, Block 2, Elk River Plaza Lot 2, Block 2, Elk River Plaza Lot 3, Block 2, Elk River Plaza Lot 1, Block 1, Elk River Plaza 2nd Addition Lot 2, Block 1, Elk River Plaza 2nd Addition Lot 4, Block 1, Elk River Plaza 2nd Addition Lot 5, Block 1, Elk River Plaza 2nd Addition Lot 1, Block 1, Elk River Plaza 3rd Addition Lot 2, Block 1, Elk River Plaza 3rd Addition Lot 3, Block 1, Elk River Plaza 3rd Addition Lot 1, Block 1, Elk River Plaza Forth Addition Lot 2, Block 1, Elk River Plaza Fourth Addition Lot 3, Block 1, Elk River Plaza Fourth Addition Lots 1 - 16, Block 1, Presidential Estates Lots 1 - 29, Block 2, Presidential Estates S:\Public Bodies\Council\Ordinances\2010\10- Mixed Use Elk Rider Plazadoc