6.3. SR 12-12-2011Item # 6.3.
MEMORANDUM
1V~~
TO: Mayor and City Council
FROM: Jeremy Barnhart, Planning Manager
DATE: December 12, 201 I
SUBJECT: Commercial Reserve Transitional Zoning District
Mayor Dietz requested an update and background regarding the Commercial Reserve Transition (CRT)
zoning district.
History
The 2004 Comprehensive Plan (pg 5-11) identified two areas of the city to be "held in reserve for
future commercial development."
The Comprehensive Plan continues: "The only areas designated for this use lie adjacent to Highway
169 and Highway 10 outside the Urban Service Area. These locations are well suited to support
immediate development in this area. Also, the Comprehensive Plan seeks to guide development in
vacant land already serviced by utilities before opening new areas for growth. The reserve status
allows planning to facilitate the desired form of development in the future."
It appears that the Comprehensive Plan recognized the potential these areas afforded for the future
growth of the city, and that further, more detailed planning needed to occur prior to development.
In 2007, (OA 07-01) the City Council approved an ordinance creating the Commercial Reserve Transition
(CRT) zoning district. That ordinance established the purpose, permitted, accessory, interim uses, lot size,
and setback requirements. Later that year, the City Council approved an amendment to the ordinance
(OA 07-13). This amendment established a consistent term for the interim use permits (IUP) (five years
or platting), escrows to ensure adherence to the conditions of the IUP, and outdoor storage as an interim
use. The existing ordinance is attached.
Purpose
The purpose of the zoning district is to allow those uses in existence at the time to remain, while
preserving the area from intensive development until a land use plan can be developed. Piecemeal
development, including lot subdivision, will make implementation of an approved plan difficult and costly.
Land uses within the study are permitted to continue indefinitely. The ordinance did not "zone anybody
off of their property". Uses existing are permitted to continue. A majority of properties are single family
residential. Single family homes are a permitted use, so that in the event of a disaster, a new home may be
rebuilt. It does restrict the subdivision of parcels to the 20-acre minimum lot size.
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N:\Public Bodies\City Council\Council RCA\Agenda Packet\12-12-2011\CRT.docx ~~~
The CRT zone was not intended to be a perpetual zone. Once a land use plan is developed, it is expected
that appropriate comprehensive and zoning ordinance amendments will be adopted, the area will be
rezoned, and the transitional nature of the zoning district will be lifted.
Development
To date, the only project that has been approved under the CRT zoning district is the Elk River Extreme
Motor Cross facility in 2008. The IUP for the motor cross site is set to expire July 2013.
Ownership
There are 30 parcels in the CRT zones; 29 in the north and one in the south. The attached spreadsheet
outlines ownership and acreage.
Staff willbe available to answer any questions the Council may have.
Attachments
^ Location Map
^ Elk River City Code Section 30-1583, CRT Commercial ReserUe Transitional District
^ Ownership List
^ Original Planning Commission Staff Report November 26, 2006 Granting Authorization
N:\Public Bodies\City Council\Council RCA\Agenda Packet\12-12-2011\CRT.docx
City of
El
River
Location Map N
Case Number: ZC 07-06 COMMERCIAL RESERVE
Municode
Sec. 30-1583. - T commercial reserve transitional district.
Page 1 of 1
(a) Purpose.
(1) To allow existing uses to remain conforming until such time as redevelopment is consistent with the comprehensive guide
plan, at which time the city will consider changing the zoning designation.
(2) To provide for orderly redevelopment of contiguous parcels of land.
(3) To discourage piecemeal, lot-by-lot development or leapfrog development that would result in the isolation or inefficient re-
use of existing parcels of land.
(4) To ensure that contiguous parcels of land are served with adequate access and public infrastructure and that appropriate
right-of--way width is established.
(b) Permitted uses.
(1) Agriculture horticulture uses (ten-acre lots or more).
(2) Public parks, playgrounds and open space.
(3) Facilities for flood and erosion control.
(4) Single-family dwellings.
(c) Accessory uses.
(1) Accessory farm structures.
(2) Public shelters and essential services.
(3) Garages and sheds including metal skinned buildings.
(4) Signs as permitted in section 30-851 et seq.
(d) Interim uses. Interim uses shall be permitted for no more than five years, or when the property is platted, which ever occurs first.
The city may require a[n] escrow to ensure the conditions of the interim use are adhered to.
(1) Roadside sales stands.
(2) Wind generators.
(3) Cooperative gardening in preserved open space.
(4) Gravel. mining.
(5) Asphalt and concrete plant.
(6) Other uses existing as of the date of this article.
(7) Commercial recreations facilities.
(8) Veterinary clinics commercial kennels.
(9) Conditional home occupation.
(10) Business and professional offices with a maximum gross floor area of 10,000 square feet.
(11) Horticulture and floriculture uses in preserved open space.
(12) Private stables in preserved open space.
(13) Wayside stands in preserved open space.
(14) Outdoor storage, provided accessory to a permitted, conditional, or interim use.
I'Ord. No, 07-119, § ?: 7-96-211117; Ord. No. tJ7-21, § 1, 32-37-211117; Ord. No. Q8-15, § 1, 11-17-213(18; Ord. No. Q9-f?8, § 3, 7-21?-213Q9J
http://library.municode.com/print.aspx?clientID=13427&HTMRequest=http%3 a%2f%2flibrary.municode.... 12/06/2011
PID Acres Owner
1 103-1101 44.32 3080 Lexington Ave LP
2 103-1300 55.3 Schulze Family fFarm LTD
3 103-1400 70.31 North family farm LP
4 782-0105 17.37 3080 Lexington Ave LP
5 103-1401 10 Lawson
6 103-4201 100 Toth, Richard-Trustee
7 103-4200 23.49 Toth, Ernie
8 103-4202 19.52 Toth, Richard-Trustee
9 110-2100 15 Ladd
10 110-1105 59.67 Stearns Bank National
11 110-1100 20 Stearns Bank National
12 789-0030 73.09 BWB Holdings, LLC
13 110-2400 2.9 Stokke
14 789-0010 10 BWB Holdings, LLC
15 789-0020 10 Envision Company, LLC
16 110-2405 13.29 ERX Properties, LLC
17 110-4102 79.66 BWB Holdings, LLC
18 110-3100 5.3 Nemeth, Julius-Trustee
19 110-3105 5.2 Palmquist
20 110-3410 0.48 Haugland
21 110-3405 1.35 Anderson
22 110-4400 80 Ziegler
23 115-1000 93.36 Lemmon Trust
24 115-1405 3 BeckerTrust
25 115-1400 5.07 Berglund
26 115-1415 12.14 Lemmon
27 115-1412 2.77 Cazett
28 115-1411 2.62 Thibodeau
29 115-1410 3 Hall
30 013-3000 152.67 Baldwin Properties, LLC
990.88
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City of Elk River Item Number
REQUEST FOR PLANNING COMMISSION s
ACTION
Agenda Section Meeting Date Prepared by
Worksho November 28, 2006 erem Barnhart, Plannin Mana er
Item Description Reviewed by
Commercial Reserve
Attachments
• Map of area
Overview
Included in the Elk River Comprehensive Plan are two Commercial Reserve areas, one along Hwy
169, and the other along Highway 10 in the southeastern portion of the city. These areas are guided
to be
"held in reserve for future commercial development. The only areas designated for this use
lie adjacent to Highway 169 and Highway 10 outside the Urban Service Area. These
locations are well suited to support immediate development in this area. Also, the
Comprehensive Plan seeks to guide development in vacant land already served by utilities
before opening new areas for growth. The reserve status allows planning to facilitate the
desired. form of development in the future."
The apparent intent is to hold off development in the area until a master plan has been developed.
(Staff is currently working on the beginning stages of that planning process, including some fiscal
modeling to understand the impacts of land use decisions leading up to the study area).
In recent months, Staff has been approached by various property owners wishing to develop their
property, or to subdivide their parcels for possible sale or transfer. Neither the Comprehensive Plan
nor the Zoning Ordinance suggests a policy for treatment of development applications in these
areas, which may be inconsistent with the future land use or create unnecessary hardship for the
eventual development of the area. Based on Planning Commission direction, staff has prepared a
brief example of potential ordinance language. With Planning Commission support, a full
amendment will be prepared for action at an upcoming meeting.
Purpose
The Commercial Reserve transitional zoning district is intended to preserve areas for commercial
development with the future goal of a commercial complex of high design quality, ample and diverse
employment options, with a positive influence on the tax base of the community. In order to
preserve this opportunity, the transitional zone shall influence private and public investment and lot
size until such time as appropriate, focused land use plans are approved and property rezoned.
N:\Departments\Community Development\Plamiing\Case Files\OA\OA 07-01 Commercial Reserve\Staff report 1T-
28-06.doc
Case File: XX
Page 2
Milumum lot size 20 acres
Minimum frontage 500 feet
Permitted Uses
Agricultural uses
Public Parks, playgrounds, and open spaces
Horticulture and floriculture
Conditional Uses
Minuig, within ME overlay district
Accessory Uses
Accessory agriculture, horticulture, and/or floricultural structures, including garages
and sheds, including metal panel buildings.
Respectfully Submitted
Jeremy Barnhart, AICP
Planning Manager
N:\Departments\Community Development\Planning\Case Files\OA\OA 07-O1 Commercial Reserve\Staff report 11-28-O6.doc