4.1 PCSR 06-12-2012REQUEST FOR ACTION
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 in 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 axe not allowed as they axe in other similarly
located commercially zoned properties.
LAND USE
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.
APPLICABLE REGULATIONS
l~e~ Hang
In reviewing a proposed amendment, consideration shall be given to existing conditions within the area directly and indirectly
affected by the p~posal, the conservation of property values, the use to which the propery affected is being devoted at the time,
and relevant provisions, if any, in the land use plan.
P 6~ E fl E '~ ~ '1
N:\Departments\Commiuuty 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 Motion by Second by Vote
Follow Up
N:\Departments\Community Development\Planning\Case Files\ZC\ZC 12-02 ER Retail retail center to C-3\ZC 12-02_PC.docx
PUD uses
A_ Permitted IIses
i. Governmental, business and professional offices
ii. Outpatient health care facilities.
iii. Personal service establishments
iv. Public parks
B. Accessory IIses
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 IIses
i. Licensed daycare. facilities
ii. Institutional uses
iii. Residential dwellings iR-4 standards)
iv. Financial institutions
v- Funeral par'_or
vi. Boarding house
vii. Governmental buildings and facilities
viii. Therapeutic massage and. sauna establishments
y.~s
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)