5.6 PCSR 10-28-2014 Exisitng Uses by Zoning District Proposed Uses by Sub-Zones
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zones � � � `. a aW � 0y.., xN xM c, C � � xxg
Aboveground storage tanks. C C C C C
Accessory structure provided the materials are the same as those
of the existing principal structure. C C C C C
C r:
Accessory structures associated with single-family dwellings.
Agricultural uses in R-1 b, R-1 c, and R-ld districts (five-acre
C C C C
minimum lot size).
Agricultural uses in the R-la district (less than five-acre lot size). C _ C P C .—
size). P P P P
Apartments subordinate to the principal use. C C
Bed and breaktasts establishments shall be allowed as a permitted
use in an existing residential structure, subject to site plan review, p p ‘_ P
provided the use complies with the following criteria:
Boardinghouses. C C . C
Bottling and distribution. C C C
Broadcasting studios and facilities. C C +' C
Bus storage. Not to exceed ten buses, unless the property has
direct access to an arterial or collector street. C C C
Business and professional offices. P P P P C P P P C C P P P P P P
Car, RV and marine sales. C X X C . (
Carwash facilities. C C X X X C X r.
Cemeteries minimum lot size four acres. C C C
Class I restaurants. P P P P P X X P P P P
Class II restaurants. C P C P X X P P C
Commercial and residential parking lots and ramps. C C
Commercial kennels (indoor). C C? C
Commercial kennels in the R-la district. C C C
Commercial parking lots and ramps. C C
Commercial recreation facility. C C C C C C X C C C C _ C
Conditional home occupations. C C C C
Convenience retail sales of goods and services. P P 1
Convenience store. C P C : G, X P P C
Cooperative gardening in preserved open space. C _ - _ _ C
Day care centers. C C r C
Development of property within 50 feet of the wild and scenic river
district. C C C C C C
Dry cleaning and laundry establishments. C P C C '' X C C C C
Page 1
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Mayor Dietz,
We at Riverview Sports and Marine are submitting this letter to inform you of our
necessity to remain zoned conditional use in the newly formed pinnacle district. If there is any
reason this request cannot be met, please contact us at your earliest convenience to discuss
further. Otherwise,we look forward to seeing this designation assigned in the upcoming
meeting.
Thank you,
aLL f ( j,,(-4.f/ rn
Les Lundquist j
Riverview Sports and Marine
17445 Hwy 10, Elk River, 55330
612-236-8402
October 24, 2014
//lc/--)d 4-4--1
I0/2.s, y i4/
mi .
Owner Scott Powell's Statement in Opposition to
the Proposed Rezoning of
Lot 4, Block 1, Mississippi Ridge Second Addition
We are here this evening to speak on behalf of the owner of Lot 4, Block
1, Mississippi Ridge Second Addition, in opposition to the rezoning of the
property from commercial to residential.
1. The property is ready for commercial development. Lot 4, Block 1 is
a 1.45 acre, pad ready, commercial site, with city sewer, water, storm sewer and
street. It is ready to be developed as a commercial site.
2. The City has agreed that the site is to be commercial. In both the
Planned Unit Development Agreement and in the Developer Agreement made
by the City with regard to this property, the City has agreed that the lot is to be
commercial. Please refer to those agreements, both dated July 26, 2001, with
regard to the obligations placed on both the owner and the City with respect to
the use of the subject property.
3. The owner has expended substantial sums in reliance on the
agreements with the City. In reliance on the Planned Unit Development
Agreement and the Developer Agreement for this property, both of which
agreements require a commercial use for the lot in question, the owner spent at
least $530,000 fulfilling the requirements for improvements, as set forth in the
Developer Agreement. The owner also paid $60,900 in park dedication fees, as
well as other city fees and expenses, such as, by example, the cost of the City
mandated letter of credit.
4. The owner has been charged, taxed and assessed at the commercial
rate since 2001. The owner was charged the park dedication fee at the
commercial rate. The owner has paid the commercial rate for the city water
and sewer assessments, and the owner has paid real estate taxes at the
commercial tax rate since 2001.
5. The City has promoted this lot as a commercial lot. With prompting
from the City, the owner vigorously marketed this lot as a potential restaurant
site, and even had a former mayor of Elk River meet on site with a restaurant
owner.
6. The character of the neighborhood is commercial. In addition to
the requirements of the City's agreements, and the history of this lot being a
commercial site, the neighboring uses are commercial as well. In view of the
proximity to Highway 10, with a Super America gas station and a bank as
neighbors, logical planning would dictate that the use be as agreed to by the
City, namely, commercial. (Property located diagonally to the south of the
subject property is residential, but it is separated from the subject property by
streets and different traffic patterns. See Exhibit A hereto.)
7. Prior City maps show the property as commercial. The map the
owner received during the 2010 Focus Area Study shows the subject property as
commercial. See Exhibit B hereto.
8. Section 30-575 of the Zoning Code sets forth the considerations for
a zoning amendment, which have not been met here. Section 30-575 of the
2
City's Code of Ordinances states in part: "...consideration shall be given to
existing conditions within the area directly and indirectly affected by the
proposal, the conservation of property values...." Rezoning this lot to
residential is contrary to the existing commercial nature of the neighborhood.
Further, such rezoning will have an adverse effect on the value of the property.
9. The proposed downzoning is in conflict with prior discussions with
the City and is tantamount to an inverse condemnation of the property. There
is another factor that should be considered. The City has initiated continuing
discussions with the owner concerning the City's acquisition of this lot by
condemnation or a sale in lieu of condemnation. The City and the owner have
had discussions as to how a price might be determined through the selection of
a mutually acceptable appraiser. Those discussions have been to determine
whether the City could acquire the property by a voluntary deed given in lieu of
condemnation. That the City now proposes to down zone this lot, following
those discussions, causes us great concern. We are concerned that the city is
setting itself up to take the property at a lesser price than it would have to pay
for a commercially zoned property. This concern is increased by the various City
maps and plans we have seen that show a city street running right through the
middle of the subject property.
10. The owner has its own plans for the property. This is the last lot
available for the owner's sale to a developer for a commercial development, or
for the owner's own development for a commercial use. Having paid all the
fees, costs, taxes and assessments for this commercial property, now, finally,
the developer may be able to profit from the commercial development or sale
of this property. The City's proposal to rezone the property will cause damage
to the owner, and will deprive him of the opportunity to be paid for the
business risk and expense he has undertaken and incurred since the agreements
with the City were made in 2001.
3
For these and other reasons, the owner opposes the City's proposed
rezoning of the property. Thank you.
4
Beacon- Sherburne Cr-----'-- 'ir+T Page 1 of 4
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.:V 1A ti , -�, 821-0 i051e _ N.
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1 �_ �75-821-0010 — K
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Parcel ID 75-7840120 Alternate ID n/a Owner Address n/a
Sec/Twp/Rng 11-32-26 Class 233-Commercial Preferred
Property Address Acreage 1.450
District ELK RIVER CITY
Brief Tax Description n/a
(Note:Not to be used on legal documents)
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to make additions,changes,or corrections at any time and without notice.Additionally,Sherburne County disclaims any and all liability for damages incurred directly or
indirectly as a result of errors,omissions or discrepancies and is not responsible for misuse or misinterpretation.Data is updated periodically.For the most current information
contact the appropriate county department.
Last Data Upload:10/27/2014 5:25:34 AM
http://beacon.schneidercorp.com/Appiication.aspx?AppID=133&LayerID=1600&PageTy... 10/27/2014
•
EXHIBIT B
DEVELOPMENT FRAMEWORK
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Legend: aria � PctPnkaf
2020 lobs
aExisting Residential 56 AO s \`t •� `.,o I Ares ,
. Higher Density s , 4.
Residential 155 AC # t;?1
111 Transit Center 120 AC \ , l
•
II Service Commercial 35 AC L'r•'T I
r
III , ,
0.41,101,0o Retail 45 AC ,�
III Temporary Deshnatron 25 AC K 0 R ,
Retail h�
1111 ' _ ti.
Jobs Area 245 AC 'M ri ,i4µ .
�.•..,.,�. r
Il Open Space 250 AC \\ ^ { ,- ;.
I "t'
I TOTAL: 930 AC J i
1 Gateway Property , i_- ' ,.
V
ieNorlhatar Commuter : � ,e"'� '° l y
Rail Station `� a _.lk Future Interchange < .... . ...._
location liar lillar Ali
Figure 5.2:Future Development Framework Plan
171St' ri c_ A,. I- 37