6.5. & 6.6. SR 01-20-1998~:ty of
iver
TO:
FROM:
DATE:
MEMORANDUM
Item# fi_5_ g fi.6.
Mayor and City Council
Scott Harlicker, Planning Assistan~
January 20, 1998
SUBJECT:
Request by City of Elk River for
Land Use Plan Amendment and
Rezoning, Public Hearing Case
No.'s LU 97-6 and ZC 97-8
Request
The City of Elk River is initiating this land use plan amendment from LR
(Low Density Residential) to MR (Medium Density Residential) and rezoning
from Rla (Single Family Residential) to Rle (Single Family Residential).
Location
Approximately 480 acres bounded County Road 12 on the north, Tyler Street
alignment on the west, 175th Avenue on the south and Fillmore Street on the
east.
Attachments
· Land use map
· Zoning Map
· Resolution No. 98-
· Ordinance No. 98-
Background
This land use plan amendment and rezoning request are being presented as a
result of recent changes to the Comprehensive Plan. On October 20th the City
Council approved an amendment to the Comprehensive Plan which expanded
the boundary of the urban service area to include approximately 480 acres
bounded County Road 12 on the north, Tyler Street alignment on the west,
175th Avenue on the south and Fillmore Street on the east. The proposed Rle
zoning allows for a minimum lot size of 12,000 square feet with municipal
services and 10 acres without. The property is currently zoned Rla which
allows for a minimum lot size of 2.5 acres.
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/LU 97-6/ZC 97-8
January 20, 1998
Page 2
Evaluation
The proposed land use amendment is consistent with the recent expansion of
the urban service boundary to include this area. The proposed amendment
does not change the residential land use, it is still single family residential.
However, the MR designation reflects the lot sizes and the residential
densities typically found in development of property with municipal services.
The proposed amendment would also be compatible with the existing land
uses, directly to the north and west, which are residential.
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. This rezoning is being considered in order that this area
will be consistent with the land use plan. The recent amendment to the
Comprehensive Plan designated this area as MR (Medium Density
Residential). The proposed rezoning to Rle (Single Family Residential) is
consistent with that revised land use designation, and therefore, the finding
is met.
This proposed rezoning should not have an adverse impact on the adjacent
properties. This rezoning would be consistent with other residential areas
that are within the urban service area and would be compatible~with
adjacent zoning and land uses to the north and west.
If the rezoning is not approved, the Rla zoning classification will still allow
2.5 acre lots to be developed. This type of development pattern will not allow
for the efficient extension of utilities and will be in conflict with the goals of
the Comprehensive Plan.
Planning Commission Meeting
At the December 23rd Planning Commission meeting public comment
centered on assessments and how the proposed rezoning would effect
property tax assessments. The Planning Commission voted 3:2 to recommend
approval of the proposed land use amendment and rezoning. The two
Commissioners who voted to deny the land use amendment and rezoning felt
there is a need to plan ahead for schools and traffic prior to changing the land
use and zoning. They also voiced some concern that the increased density
might be to intense because of the hills and Klievers marsh.
\\elkriver\sys\shrdoc\planning\scott\zc97-Scc.doc
Memo to Mayor and City CounciFLU 97-6/ZC 97-8
January 20, 1998
Page 3
Recommendation
The Planning Commission and staff,recommend the City Council approve
Resolution 98-__, amending the land use designation of certain properties
from RL (Low Density Residential) to MR (Medium Density Residential)
based on the following findings:
THE URBAN SERVICE AREA WAS RECENTLY EXPANDED TO INCLUDED THIS AREA, AND THE
MINIMUM LOT SIZES ASSOCIATED WITH THE MR LAND USE DESIGNATION ARE TYPICAL OF
LOT SIZES FOUND WITHIN THE URBAN SERVICE AREA.
2. THE MR LAND USE DESIGNATION WILL ENCOURAGE THE WELL DESIGNED RESIDENTIAL
DEVELOPMENT OF THIS AREA ONCE URBAN SERVICES BECOME AVAILABLE.
and approve Ordinance No. 98-__ rezoning certain properties from Rla
(Single Family Residential) to Rle (Single Family Residential) based on the
following findings:
THE PROPOSED REZONING WILL BE CONSISTENT WITH THE COMPREHENSIVE LAND
USE PLAN DESIGNATION OF MR (MEDIUM DENSITY RESIDENTIAL).
THE PROPOSED REZONING IS COMPATIBLE WITH THE ADJACENT LAND USES AND
ZONING.
THE PROPOSED REZONING WILL BE CONSISTENT WITH THE RECENT EXPANSION OF THE
URBAN SERVICE AREA AND IS REFLECTIVE OF THE RESIDENTIAL DENSITY USUALLY
ASSOCIATED WITH MUNICIPAL SERVICES.
\\elkriver\sys\shrdoc\planning\scott\zc97-8cc.doc
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CITY OF ELK RIVER
RESOLUTION NO. 98 -
A RESOLUTION AMENDING THE COMPREHENSIVE PLAN
TO CHANGE THE LAND USE OF CERTAIN PROPERTIES FROM
LR (LOW DENSITY RESIDENTIAL) TO
MR (MEDIUM DENSITY RESIDENTIAL),
CASE NO. LU 97-6
WHEREAS, Minnesota Statutes, Chapter 462.355, Subdivision 2,
prescribes the procedure for amending the Comprehensive Plan, and
WHEREAS, the Planning Commission held a public hearing, December
23, 1997, and recommended approval regarding the Comprehensive Plan
amendment request for the property generally described as:
See Attached Exhibit A
and,
WHEREAS, the City Council has reviewed the Comprehensive Plan
amendment request and finds the change to be in general conformance to the
adopted Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Elk River that the Land Use Plan be amended to change the property as
described above from LR (Low Density Residential) to MR (Medium Density
Residential).
PASSED by the City Council of the City of Elk River this
,1998.
day of
Henry A Duitsman, Mayor
ATTEST:
Sandra A. Thackeray, City Clerk
\\elkriver\sys\shrdoc\document\resoluti\lu97-6.doc
EXHIBIT A
187TH
~ 185TH
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185RD
182ND
180TH
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178TH
ORDINANCE 98-
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN
PROPERTY FROM RIA TO RIE
CASE NO. ZC 97-8
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 PROPOSED REZONING WILL BE CONSISTENT WITH THE COMPREHENSIVE
LAND USE PLAN DESIGNATION OF MR (MEDIUM DENSITY RESIDENTIAL)
THE PROPOSED REZONING IS COMPATIBLE WITH THE ADJACENT LAND USES
AND ZONING.
THE PROPOSED REZONING WILL BE CONSISTENT WITH THE RECENT
EXPANSION OF THE URBAN SERVICE AREA AND IS REFLECTIVE OF THE
RESIDENTIAL DENSITY USUALLY ASSOCIATED WITH MUNICIPAL SERVICES.
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.
,1998 by the City
ATTEST:
Henry A. Duitsman, Mayor
Sandra A. Thackeray, City Clerk
\\elkriver\sys\shrdoc\document\ordinanc\zc97-8.doc
EXHIBIT A
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175TH
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