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5.1. SR 11-24-1997~,ty of ver MEMORANDUM Item # 5.1. TO: FROM: DATE: SUBJECT: Mayor and City Council Steve Ach, City Planner November 24, 1997 Request by Jerry Smith for Rezoning from C-2 to C-2, Public Hearing Case No. ZC 97-7 Request Consider a request by Jerry Smith to rezone property from C-2 (Office District), to C-1 (Central Commercial). Overview The rezoning from C-2 to C-1 involves property located at the southwest corner of Main Street and Lowell Avenue. The property has a dimension of 50 feet of frontage on Main Street and 165 feet of depth along Lowell Avenue. Directly to the south of the property is a residential home which is owned by Mr. Donais who spoke at the City Council meeting. On Wednesday of last week, I had a chance to meet Jerry and Tim Smith, along with Ralph Donais at the property to discuss the resident's concern with the use of the property as commercial. The elevation change between the residential and commercial property is close to 8 to 10 feet and is terraced down from the commercial property to the residential. There is currently a row of lilac bushes planted on the first tier which have grown up to a height of 3-4 feet above the parking lot, which probably provides an effective screen blocking vehicle headlights during the summertime. However, during the fall and winter months when the foliage has fallen off, the screening is non existent. Given the elevation change between the two properties, it appears the best way to accomplish any type of screening of the vehicle headlights onto the residential area would have to take place on the top of the hill adjacent to the parking area. It should be noted that the parking area that serves the subject property is also a joint parking area with the property immediately to the west which is a single family home converted to a law office. Therefore, 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 Memo to the Mayor and City Council/ZC 97-8 November 24, 1997 Page 2 any treatment that is done on this property in conjunction with the rezoning would not occur on the adjacent property where there would still be the direct impact of vehicles lights onto the residential area. The best way to address this issue would be to extend whatever buffering is necessary along the entire portion of the parking lot. Possible Land Uses Attached is a copy of sections of the zoning ordinance pertaining to the uses allowed in the C1 and C2 zoning districts. Permitted uses (those not reviewed by the City Council) allowed in the C1 that are not allowed in the C2 include retail stores and shops, hotels, Class I restaurants (sit-down), and sale of firearms. All of the other uses listed in the C1 district would require Planning Commission and City Council review prior to occupying the site. Recommendation Based on the grade change between the residential and commercial area, any type of buffer developed between these two land uses should probably occur at the top of the hill adjacent to the parking lot. Providing additional plantings within the terraced transition between the two uses would probably not be effective in deflecting the headlights from the vehicles from the parking lot. At the meeting Wednesday between the neighbors and Mr. Smith, there was no confirmed solution to the matter other than raising several issues that the resident would like addressed. I think the most legitimate issue which should be addressed has to do with the vehicle lights shining from the commercial area onto the residential. Again, this should be in the form of some opaque structure or wall at the top of the hill and extended along the entire length of the parking area to block the headlights on a year-round basis. s:\council\zc97-8.doc ORDINANCE 97- CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM C2 (OFFICE DISTRICT) TO C1 (CENTRAL COMMERCIAL) CASE NO. ZC 97-7 The City Council of the City of Elk River does hereby ordain as follows: Section 1. The duly adopted Zoning Map of the City of Elk River is hereby amended to rezone the property described as: See Attached Exhibit A Section 2. The rezoning is being approved based on the following findings: THE REZONING IS CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAND DESIGNATION OF CB (CENTRAL BUSINESS). THE REZONING IS CONSISTENT WITH THE ADJACENT LAND USE DESIGNATION AND ZONING DISTRICTS ON THE NORTH, EAST AND WEST. THE PROPOSED REZONING IS A LOGICAL EXTENSION OF THE EXISTING C1 ZONING DISTRICT TO THE EAST. THE TIMES AND CONDITIONS HAVE CHANGED IN THAT THE PROPERTY HAS BEEN FOR SALE FOR OVER 2 YEARS AND INTERESTED PARTIES HAVE INCLUDED USES THAT ARE ALLOWED IN THE C1 DISTRICT, BUT NOT IN THE C2 DISTRICT. Section 3. That this Ordinance shall take effect and be in full force from and after the date of its publication. Passed and adopted this __ day of Council of the City of Elk River. ., 1997 by the City ATTEST: Henry A. Duitsman, Mayor Sandra A. Thackeray, City Clerk /zc96-14 z12 t3065 Orono P=kway · P.O. Box -190 Elk River. MN 55~!0 178TH CASE' zC q7-7 v. Model homes in compliance with Section 900.20, Subsection 13. vi. Licensed daycare facilities for 16 or fewer children vii. Public parks, playgrounds and open space B. Accessor~Uses i. Public shelters and essential services ii. Garages and sheds iii. Private recreational facilities C. Conditional Uses i. Outpatient health care facilities ii. Boarding houses iii. Institutional uses iv. Licensed daycare facilities for 17 or more children v. Governmental buildings and facilities vi. Mini Storage vii. Zero lot line development 10. C-1 - Central Business District STATEMENT OF PURPOSE: The Central Business District (CBD) is appropriate for retail, service, and commercial uses to serve the shopping and service needs of the residents and surrounding community as distinguished from highway service uses. The CBD is intended to encourage uses and designs that are consistent with the historic character of the CBD. Emphasis should be placed on pedestrian access and design standards with flexibility to preserve the historic character of the CBD. Uses should be designed to eliminate any nuisance or incompatibility with surrounding uses. A. Permitted Uses i. Governmental, business and professional offices ii. Financial institutions iii. Retail stores and shops 9.28 Be Co iv. vi. Hotels vii. Restaurants, viii. Public parks ix. Sale of firearms Accessor~Uses Personal service Establishments Outpatient health care facilities (Class I) i. Signs as permitted in Section 900.22 ii. Off-street parking facilities iii. Off-street loading facilities iv. Telephone booths v. Private recreational facilities vi. Public shelters and essential services Conditional Uses i. Nonprofit clubs, lodges or halls ii. Licensed daycare facilities iii. Institutional uses iv. Motor vehicle service stations v. Commercial parking lots and ramps vi. Residential dwellings (R-4 standards) vii. On-Sale liquor establishments viii.Commercial recreational facilities ix. Convenience store x. Funeral parlor xi. Restaurants, (Class II) xii. Governmental buildings and facilities xiii.Apartments subordinate to the principal use 9.29 xiv. Produce Markets xv. Therapeutic massage and sauna establishments 11. C-2 - Office District STATEMENT OF PURPOSE: The C-2 Office District is intended to buffer residential districts from arterial streets or from commercial districts and to provide a district which is compatible with and may reasonably adjoin residential districts. The Office District provides for the location and development of offices and other service and light commercial uses which are subject to more restrictive controls. A. Permitted Uses i. Governmental, business and professional offices ii. Outpatient health care facilities iii. Personal service establishments iv. Public parks B. Accessor~ Uses i. Signs as permitted in Section 900.22 ii. Off-street parking facilities iii. Off-street loading facilities iv. Telephone booths v. Private recreational facilities vi. Public shelters and essential services C. Conditional Uses i. Licensed daycare facilities ii. Institutional uses iii. Residential dwellings (R-4 standards) iv. Financial institutions v. Funeral parlor vi. Boarding house vii. Governmental buildings and facilities 9.30 viii. Therapeutic massage and sauna establishments 12. C-3 - Hi~hwa~ Commercial District STATEMENT OF PURPOSE: The purpose of the C-3 highway commercial district is to recognize the need for commercial establishments on or serving with immediate access to major highways. Permitted land uses should take advantage of the highway access in a manner which other business districts are not afforded. In addition to retail and commercial uses, quasi-industrial and wholesale enterprises that do not meet an industrial setting and have considerable customer contact are acceptable in the highway commercial district. A. Permitted Uses i. Governmental, business and professional offices ii. Retail shops and stores iii. Personal service establishments iv. Nurseries, produce markets, and garden centers which may include outdoor display v. Convenience stores vi. Public parks vii. Financial Institutions viii. Sale of firearms B. Accessor~ Uses i. Signs as are permitted in Section 900.22 ii. Off-street parking facilities iii. Off-street loading facilities iv. Telephone booths v. Private recreational facilities vi. Public shelters and essential services C. Conditional Uses i. Enclosed light manufacturing with related retail sales ii. Car, RV and marine sales 9.31