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4.1. SR 12-01-1997,_.,ty of River MEMORANDUM Item #4.1. TO: FROM: DATE: SUBJECT: Mayor and City Council Steve Ach, City Planner~r~ December 1, 1997 Request by Jerry Smith for Rezoning from C2 to C1, Public Hearing Case No. ZC 97-7 Request Consider a request by Jerry Smith to rezone property from C2 (Office District) to C 1 (Central Commercial). Overview This rezoning was presented to the City Council last week and after discussion, was tabled to the December 1st Council meeting. Attached are the previous reports presented to the City Council, along with a zoning map exhibit of the downtown area and highlighting the subject property. Included as part of the November 24th City Council report are excerpts from the Zoning Ordinance regarding C 1 and C2. In reviewing this list of permitted and conditional uses a majority of the uses allowed in the C2 are also allowed in the C 1. The most obvious uses included in the C 1 which are not in the C2 and are considered permitted (would not be reviewed by the City Council) are hotels, retail shops and Class I restaurant. The office uses listed as permitted in the C 1 district are also allowed in the C2 district. Traffic The city engineer, police chief and public works director were all contacted regarding the parking issue on Lowell Avenue. A review of this situation will be done prior to the Council meeting with comments being provided at the meeting. As discussed at the last Council meeting, no parking signs currently exist on the east side of Lowell. According to the residents in the neighborhood, there appears to be a parking problem on the street when the business is operating at its full capacity. Recommendation 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 December 1, 1997 Page 2 Attached is Ordinance No. 97-__, granting approval of the rezoning request by Jerry Smith. As discussed at previous meetings, the Council may place a condition for rezoning approval. If the Council would hke to do this, staff would recommend the following condition to address the concern of vehicle headlights shining from the commercial area into the residential: AN OPAQUE WALL, FENCE OR STRUCTURE BE PLACED ALONG THE EDGE OF THE PARKING LOT TO SCREEN VEHICLE HEADLIGHTS FROM THE COMMERCIAL PROPERTY. A PLAN REPRESENTING THE TYPE OF STRUCTURE SHALL BE SUBMITTED FOR APPROVAL BY THE CITY. \\elkriver\sys\shrdoc\council\zc97-8 lx.doc ORDINANCE 97-... CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING NLiP TO REZONE CERT.&IN 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 PI. AND DESIGNATION OF CB (CENTRAL BUSINESS). THE REZONING IS CONSISTENT WITH THE ADJACENT LAND USE DESIGNATION AND ZONING DISTRICTS ON THE NORTH, EAST AND WEST. o 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 pubhcation. Passed and adopted this __ day of Council of the City of Elk River. ,1997 by the City ATTEST: Henry A. Duitsman, .~{ayor Sandra A. Thackeray, City Clerk /zc96-14 EXHIBIT A The East 50 feet of Lot 5, Block 7, Village of Elk River F~c LION'SI PARK PLACE LOCATION c..y of River MEMORANDUM TO: FROM: DATE: SUBJECT: Item # 5.1. 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 accomphsh any type of screening of the vehicle headhghts 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 hsted 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 headhghts 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 headhghts on a year-round basis. s:\council\zc97-8.doc 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 Ce iv. Personal service Establishments v. Outpatient health care facilities vi. Hotels vii. Restaurants, (Class I) viii. Public parks ix. Sale of firearms Accessory, 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 Conditional Use~ i. Nonprofit clubs, lodges or halls ii. Licensed daycare facilities iii. Institutfonal 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 C-2 - Office Distric~ 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 c~ v. Private recreational facilities vi. Public shelters and essential services 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. -3 Hie STAT] distri on or land us which retail ar enterprls~ conside commercial Commercial District OF PURPOSE: The purpose of the C-3 h hway commercial is to recognize the need for commercl establishments rving with immediate access to major ghways. Permitted should take advantage of the highw~ access in a manner business districts are not affo] .ed. In addition to commercial uses, quasi-industri~ and wholesale that do not meet an industrial setting and have customer contact are acceptal .e in the highway .strict. ~' Pc: Uses i. Governmental, busines d professional offices ii. .~tail shops and sto~s iii. P~ iv. Nuz which may v. Conw service es~blishments :ties, produc~'~markets, and garden centers .nclude outd~r display ence stor~ vi. Public ~rks ~ vii. Financi nstitutions viii. Sale of fi: B. Accessory Uses i. Signs as a~ in Section 900.22 ii. Off-stree~parki~ facilities iii. 0ff-stree~ loading 'acilities iv. Telephone booths v. Privat~ recreational :ilities vi. ?ubl~¢ shelters and ess~ al services C. Condition&~l Uses i. Enclosed light manufactur with related retail sales ~ ii. Car, RV and marine sales 9.31 y of River Item Ct 6.3. MEMORANDUM TO: Mayor and City Council FROM: Scott Harlicker, Planning Assistant DATE: November 17, 1997 SUBJECT: Request by Jerry Smith for Rezoning from C2 to C1, Public Hearing Case No. ZC 97-7 Request Consider a request by Jerry Smith to rezone certain property from C2 (Office District) to C1 (Central Commercial) Location 907 Main Street Zoning/Land Use C2 (Office District) / CB (Central Business) Attachments · Ordinance No. 97- · Location map · Plat showing location of the lot · Letter from applicant Overview Jerry Smith is requesting a zone change from C2 to C1 for property located at 907 Main Street. The property is 50' X 165' and is located on the southeast corner of Main Street and Lowell Avenue. The property contains a converted single family house that was last used as an office for an abstract company. There is an off-street parking area located behind the structure with access from Lowell Avenue. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 Memo to Mayor and City Council November 17, 1997 Page 2 The area has a mix of land uses and zoning. The properties to the south are zoned Rlc and contains a single family residence. The properties to the north are zoned C2 and Rlc, the uses include the Cretex office, Guardian Angels office and single family residences. The properties to the east are zoned C1 and are used as an office and retail. The property to the west is zoned C2 and is used as a law office. In his letter the applicant indicates that the property has been for sale since January 1995. Inquiries on the property have included a soup and sandwich shop, consignment shop and similar retail sales. He currently has a party interested in opening up a craft shop. None of the uses listed previously are allowed in the C2 district, all are allowed in the C1 district. Evaluation of Request In order to approve a rezoning request there must be a finding that a) the plan was in error when it was adopted, and therefore, should be changed or, b) the times and circumstances have changed since the plan was adopted, and a change is warranted. Staff believes that the second finding can be met. The times and circumstances have changed in that the downtown area is becoming better defined and this property would be a natural extension of the existing C1 zoning district. 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 the C2 district. Staff beheves that this is a good indication that the times and conditions have changed since the property was initially zoned C2. The proposed zone change is consistent with the comprehensive plan land use designation of central business and would be consistent with the land use and zoning classifications of properties to the east, west and north. The proposed change would not be any more intrusive on the residential property to the south than is the current zoning. Planning Commission Meetin~ At the Planning Commission meeting held October 28th, no one spoke at the public hearing. Staff received a phone call from Ralph Donais, the neighboring property owner to the rear. He voiced concerns about litter on his property, sidewalk not getting shoveled, the street light in back and people parking on the street. After hearing the comments from the neighboring property owner and listening to Jerry Smith, the applicant, explain why he is requesting the rezoning, the Commission voted to recommend to the Council the rezoning be approved. \\elkriver\sys\shrdoc\planning\scott\zc97-7cc.doc White Dove Realty 403 Main St. Elk River, Minnesota 55330 Business (612) 441-2248 Fax 441-4699 September 28, 1997 zoning office city of Elk River 13065 Orono Parkway Elk River, MN. 55330 Dear Sirs: Z am writing this letter requesting a zoning change from a current zoning of C-2 to C-l, 9f my property located at 907 Main Street, Elk River, MN. I have had the property for sale since January 1995, and have been unable to secure a buyer. During this time, I have had several inquiries for light retail such as Soup 'N Sandwich Shop, Consignment Sales, etc. I currently have a party that weuld be interested in a purchase or lease for a Craft Store, which would involve retailing craft items, craft materials and conducting informational classes and demonstrations in crafting. I feel that this is the type of business that would fit well into the changing downtown atmosphere. We have ample off-street parking that should accommodate a business of this type. Thank you for your serious consideration to this request. Sincerely,