7.1. SR 06-18-2012REQUEST FOR ACTION
TO ITEM NUMBER
Ma or and Ci Council 7.1
AGENDA SECTION MEETING DATE PREPARED BY
Public Hearin s June 18, 2012 erem Barnhart, Plannin Mana er
ITEM DESCRIPTION REVIEWED B)/
Ordinance Amendment to Rezone the Elk River Retail PUD to Cal Portner, City Administrator
C3 Highway Commercial, Case No. ZC 12-02 REVIEWED BY
ACTION REQUESTED
Mayor and Council approve the zone change request and adopt ordinance amendment to rezone the Elk
River Retail PUD to C3 Highway Commercial.
BACKGROUND/DISCUSSION
Dean Johnson, property owner, approached the city to rezone his parcel, part of the Elk River Retail
Center to C-3 from Planned Unit Development. The applicant is proposing the zone change as the
property has developed into a Highway Commercial shopping center. The PUD has hampered his ability
to lease space and has resulted in two amendments in the past three years.
In the review of the application, staff recommends rezoning the entire shopping center. This would
apply to the entire five lot Elk River Retail Center, including the Perkins Restaurant lot and the hotel lot.
These uses are permitted in the C-3 zoning district; the hotel via conditional use. Staff has sent direct
letters to the owners of Perkins and the hotel informing them of the possible zone change and no
comments have been received.
Planning Commission Comments
The Planning Commission had no concerns with the proposal, citing the recent zone change of the Elk
River Plaza Shopping Center.
Public Comment
No comments for or against the proposal have been received.
ATTACHMENTS
^ Ordinance
^ Planning Commission packet dated June 12, 2012
Action Motion by Second by Vote
Follow Up
PBWEREO BT
N:AP~iblic Bodies\Ciry Council\Council RCA\,1gcn~a I'ad:ct\IK,-18-301?V'/.C 12-02.docs
ORDINANCE 12 -
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY
FROM PLANNED UNIT DEVELOPMENT (PUD) TO C3 HIGHWAY
COMMERCIAL
CASE NO. ZC 12-02
The City Council of the Ciry 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 property described on attached Exhibit A from Planned Unit
Development (PUD) to C3 Highway Commercial
Section 2. That the rezoning approved by this Ordinance is based on the following
findings:
1. THE REZONING IS CONSISTENT WTH THE CITY OF ELK RIVER
LAND USE PLAN ADOPTED AS PART OF THE CITY OF ELK RIVER
COMPREHENSIVE PLAN.
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 18`'' day of June, 2012, by the Ciry Council of the City of Elk
River.
ATTEST:
Tina Allard, City Clerk
John J. Dietz, Mayor
n:\public bodies\city council\council rca\agenda packet\06-18-2012\ordinance.docx
Exhibit A
Lot 1, Block 1, ELK RIVER RETAIL CENTER, Sherburne County, Minnesota;
And,
Lots 1 and 2, Block 1, ELK RIVER RETAIL CENTER TWO, Sherburne County,
Minnesota
n:\public bodies\city council\council rca\agenda packet\06-18-2012\ordinance.docx
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ilk --..-~ REQUEST FOR ACTION
River
TO ITEM NUMBER
Plannin Commission 4.1
AGENDA SECTION MEETING DATE PREPARED BY
Plannin une 12, 2012 Chris Leeseber ,Park Planner-Planner
ITEM DESCRIPTION REVIEWED By
Request by Dean and Barbara Johnson for a Zone Change of erem Barnhart, Plannin Mana er
the Elk River Retail PUD to C3 Highway Commercial, Case No. REVIEWED BY
ZC 12-02
ACTION REQUESTED
Staff is recommending the Planning Commission recommend approval of the zone change request as
Highway Commercial zoning is consistent with the comprehensive plan and underlying land use.
BACKGROUND/DISCUSSION
The subject property is currently zoned PUD. The Elk River Retail Center PUD agreement was created
in 1995 and several commercial uses are not allowed by the PUD agreement.
The applicant is proposing the zone change as the property has developed into a highway commercial
shopping center. The PUD has hampered his ability to lease space and has resulted in two amendments
in the past three years. "The proposed rezoning would apply to the entire five lot Elk River Retail center,
including the Perkins restaurant lot and the the hotel lot. These uses are permitted u7 the C-3 zoning
district, the hotel via conditional use.
The PUD agreement is no longer consistent with the needs of the commercial market, as the few uses are
narrowly defined. For example, dry cleaning establishment are not allowed as they are in other similarly
located commercially zoned properties.
LAND 115E
The subject property has an underlying land use of Highway Business which is the most intensive form of
commercial development in Elk River. Businesses in this category may be the largest both in terms of
size and traffic generation. Market orientation tends to be regional in nature. The uses range from
commercial areas that are occupied by professional trades to more intense commercial activities requiring
highway orientation for access and visibility. The correlating zonings are highway business and C-3
zoning.
7A77 A~PPLICABLE REGULATIONS
l~e`>~nZYlg
In revieaanng a proposed amendment, consideration shall be given to existing conditions avithin the area directly and indirectly
a~ected by the proposal, the conservation of propery values, the use to which the property a~fected is being devoted at the time,
and relevant provisions, if any, in the land use plan.
P D t E R E® 8 1
N:\Departments\Communitp Development\Planning\Case Files\ZC\ZC 12-02 ER Retail retail center to C-3\ZC 12-
02 PC.docx
Rezoning the proposed property to commercial will not have a negative impact on the area.
ATTACHMENTS
^ Location Map
^ Applicants Narrative
^ PUD Uses
^ Highway Commercial (C3) Uses
Action ~iohon b~- Second bj• Vote _
Fol{ow lJp
N:\Departrnents\Communiry Development\Planning\Case Files\ZC\ZC 12-02 ER Retail retail center to C-3\ZC 12-02_PC.docx
lone Change _SPPlieatiori
Pale 2
Description of Project Narrative
1/4/2UlU Last Modified
The narrati~-e is `-our opportunity= to describe, promote and sell jour proposal to the Planning
Coizunission and/or Cit,= Council before the meeting(s). A type«n-itten narrative e~plauiing jow-
request in detail should include, but not limited to, all the follotx-ing applicable information:
o :Detailed description/scope of project. -What is being proposed?
o ~~;1hat are the reasons/purposes for the .proposed Zone Change?
o What has changed to warrant the Zone Change?
^ How is the request consistent with CitS- of Elk River Comprehensive Plan?
^ How compatible is it tenth surrounding properties?
^ ~117at are the benefits to the CitS~?
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PUD uses
A. Permitted Uses
i. Governmental, business and professional offices
ii. Outpatient health care facilities
iii. Personal service establishments
iv. Public parks
B. 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
C. Conditional Uses
i_ Licensed daycare facilities
ii. Institutional uses
iii. Residential dwellings (R-a standards)
iv. Financial institutions
v. Funeral parlor
vi. Boarding house
vii. Governmental buildings and facilities
viii. Therapeutic massage and sauna establishments
9.28
Sec. 30-1024. C-3 highway commercial dis-
trict.
(a) 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 com-
mercial uses, quasi-industrial and wholesale en-
terprises that do not meet an industrial setting
and have considerable customer contact are ac-
ceptable in the highway commercial district.
(b) Permitted uses. Permitted uses in the C-3
district are as follows:
(1) Business and professional offices.
(2) Retail shops and stores.
(3) Personal service establishments.
(4) Nurseries, produce markets, and garden
centers, which may include outdoor dis-
play.
(5) Convenience stores.
(6) Public parks.
(7) Financial Institutions.
(8) Sale of firearms.
(9) Class I restaurants.
(10) Class II restaurants.
(c) Accessory uses. Accessory uses in the C-3
district are as follows:
(1) Signs as permitted in section 30-851 et
seq.
(2) Off-street parking facilities.
(3) Off-street loading facilities.
(4) Telephone booths.
(5) Private recreational facilities.
(6) Public shelters and essential services.
(d) Conditional uses. Conditional uses in the
C-3 district are as follows:
(1) Enclosed light manufacturing with re-
lated retail sales.
(2) Car, RV and marine sales.
(3) Nonprofit clubs, lodges, or halls.
(4) Licensed day care facilities.
(5) Institutional uses.
(6) Equipment rental businesses.
(7) Commercial recreational, indoor.
(8) Commercial recreational facilities, indoor.
(9) Shopping centers.
(10) On-sale liquor establishments.
(11) Governmental buildings and facilities.
(12) Veterinary clinics.
(13) Carwashes.
(14) Reserved.
(15) Motor vehicle service stations.
(16) Motor vehicle specialty shops.
(17) Sauna establishments.
(18) Physical recreation or training greater
than 5,000 square feet in size.
(19) 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).
(20) Hotels and motels.
(21) Reserved.
(22): Development of property within 50 feet of
the wild and scenic river district.
(23) Ministorage, provided that the use is on
unplatted land outside the urban service
district.
(24) Dry cleaning establishment.
(25) Governmental offices.
(26) Commercial recreation, outdoor.
(27) Physical recreation or training.
(e) Architectural standards. No provision of
section 30-938 except subsection 30-938(2) per-
taining to building finish and subsection 30-
938(3) pertaining to roofs applies to this district.
(Code 1982, § 900.12(12); Ord. No. 02-04, § 2,
4-15-2002; Ord. No. 05-07,, § 2, 4-4-2005; Ord. No.
05-08, § 1, 4-4-2005; Ord. No. 07-07, § 3, 7-16-
2007; Ord. No. 09-06; § 3, 7-20-2009; Ord. No.
09-07, §§ 1, 2, 8-17-2009)