6.2. & 6.3. SR 12-21-1998',ity of
River
MEMORANDUM
Item# 6.2.&6.3
TO:
FROM:
DATE:
Mayor and City Council
Scott Harlicker, Planning Assistan~
December 21, 1998
SUBJECT:
Request by Lyle Talbot for Land Use
Amendment and Rezoning, Public
Hearing Case No.'s LU 98-4 and
ZC 98-10
Request
Consider a request from Lyle Talbot for an amendment to the land use plan
and a rezoning. The land use amendment is a change from MR (Medium
Density Residential) to CC (Community Commercial) and the zone change is
from Rlc (Single Family Residential) to C4 (Neighborhood Commercial).
Location
The property is located north of County Road 1, south of 193rd Avenue and
east of Upland Street.
Zoning/Land Use
Rlc (Single Family Residential) / MR (Medium Density Residential)
Attachments
Location map
· Survey of property
· Letter from applicant
· List of uses allowed in the Neighborhood Commercial district.
· Resolution No.98-
· Ordinance No.98-
Overview
The property owner is requesting an amendment to the land use map for a
change from MR (Medium Density Residential) to CC (Community
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/ZC 98-10
December 21, 1998
Page 2
Commercial) and a zone change from Rlc (Single Family Residential) to C4
(Neighborhood Commercial).
The property is located at the northeast corner of County Road I and Upland
Street. It is bordered on the north by 193rd Avenue and is directly south of an
undeveloped portion of the Lafayette Woods plat. The site is wide and
narrow, it is about 5.6 acres in area. It has about 690 feet of frontage on
County Road I and is about 240 feet deep at it's narrowest point. The
western end of the property is open with a low area in the middle, there is a
wetland in the center of the property and a wooded area at the east end.
Acljacent Land Uses and Zoning
Dickenson Bus Company is located south of the site and the Elk River
Industrial Park is located to the to the southwest; to the west is the city trail
and a small office building; to the east is undeveloped property and to the
north is an undeveloped portion of Lafayette Woods. Adjacent zoning districts
include single family residential to the north and east and light industrial to
the south and west.
Access
Access to the site is limited. Access from County Road I would be restricted
in order to minimize access points on the county road; access from Upland
Street would be limited because of the proximity to the County Road 1
intersection. The probable location for access would be from a reconstructed
portion of 193rd. As part of the development of this site, it is possible that
193r~ would be constructed as a cul de sac to provide access to the applicant's
property and Mrs. Carton's property, which is the adjacent property to the
east.
Utilities
Sewer and water are available to this site. Sewer service is available from the
15 inch line in the city trail right-of-way and water is available through
Lafayette Woods.
Community Commercial Land Use
The neighborhood commercial land use was identified as a transitional
commercial land use intended to serve a neighborhood or sub-area of the
community. It is more compatible with residential areas than highway
commercial uses. These type of land uses should also be located adjacent to
collector streets to minimize impacts on surrounding land uses. Staff believes
s:\planningXscottXzc9810cc.doc
Memo to Mayor and City Council/ZC 98-10
December 21, 1998
Page 3
the proposed land use amendment reflects the purpose of the community
commercial land use district.
Neighborhood Commercial District
The Neighborhood Commercial zoning district is intended for businesses that
serve adjacent residential neighborhoods and businesses in the immediate
area. They should also be located adjacent to collector or arterial streets.
Staff believes the proposed rezoning fits in with the purpose of the
neighborhood commercial district. A list of permitted and conditional uses
has been attached.
Planning Commission Meeting
At the Planning Commission meeting held on November 24th one person
spoke at the public hearing. Rich Schultz, owner of the adjacent property to
the east, spoke in favor of the proposed rezoning. The Commission discussed
the types of uses allowed in the C4 district and what types of uses would
compliment the adjacent residential developments. The Commission voted
6:1 to recommend approval of the proposed land use plan amendment and
rezoning. The dissenting Commissioner did not feel the proposed amendment
and rezoning were appropriate.
Recommendation
The Planning Commission and staff recommend the City Council approve
the attached Resolution No. 98- amending the Land Use Plan based on
the following findings:
Ao
The area under consideration for Community Commercial land use
designation is adjacent to County Road 1, which is classified as a minor
arterial roadway and which can provide for the adequate transportation
needs for community commercial development
B. The proposed amendment will encourage limited commercial development
to serve the adjacent residential area and neighboring businesses.
The proposed amendment will allow for a rezoning that will provide for
land use opportunities to attracted convenience retail stores and personal
service establishments.
D. The proposed amendment is compatible with the adjacent land uses.
s:XplanningkscottXzc9810cc.doc
Memo to Mayor and City Council/ZC 98-10
December 21, 1998
Page 4
The Planning Commission and staff recommend the City Council approve the
attached Ordinance No. 98- rezoning certain property from Rlc (Single
Family Residential) to C4 (Neighborhood Commercial) based on the following
findings:
1. The rezoning is consistent with the Comprehensive Land Use Plan
designation of CC (Community Commercial).
2. Times and conditions have changed to warrant the development of this
property as neighborhood commercial.
3. The property is adjacent to a minor arterial which can meet the
transportation needs of businesses allowed under the C4 zoning district.
4. The proposed C4 zoning district is compatible with the adjacent zoning
districts.
5. The property is within the urban service area and is within close
proximity to existing services.
s:Xplanning\scott\zc9810cc.doc
TO~° 0~' ~'~' W~:~ LI~ PARK
LOCATION
City of
13065 Orono Parkway · P.O. Box 490
Elk River, MN 55330
ZONING
MAP
CASE: LU 98-4
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We hereby cettffy .l~at ~'is is a tzue &hd c.o. rrect re~ese~t~n of a su~ey ..... . ...
o{ ~e ~r~s of all ~.~t ~ ~e Na~tast .~u~er of ~e So~west
Qu~ et S~ian 28, Te~ns~ip 33,. R~ 26, Sheathe Co~y,
Minneso~ ly~ ~~ ~e ~ly line of ~e ri~t of way of
Co~y S~e Aid Hig~ f'~ ~d tytq Em~t~ly of ~e East~ly li~
OF ~e rig~ Of way o[ ~e ~li~b, N~em, ~. Railm~.
~o~ini~ 5.69 meres, mm m ~ss. Subj~t ~ ~ ~K ~Kf
~en ~r To~Ip Rom~. ~is ceKif~a~ ~es ~t ~A ~'~w
~vemen~ or em~me~s, if ~y. As s~eyed by me or under
~y dir~[ su~ision ~is '18~ dray Gl July, 1977.
. Oliver, ~nd Su~ey~r
Minneso~ R~ls~t~n No. 8194 ,
FF, OM GKAY PLANT MOOTY MOOTY & BENNETT (~;3) (SAT) 10. 24' 98 12:05/ST. 12:02,N0. 42612!8571
3,4'00 CITY CENTER
33 SOUTH SIXTH STREET
MINNEAPOLIS, MN $54[}2-3796
612 343-2800
FAX: 612 333-0066
WEB SITE: www.gpmlaw, com
(_,ONSUL';IN6 0.~l:lCI:, I~£1JIN6
Malcolm D. Reid
612 343-5378
October 23, 1998
Planning Commission
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Dear Planning Commission,
Our fu'm represents Lyle Talbot, who is seeking a change in zoning for his property in
Elk River. Mr. Talbot's property is currently zoned Rlc residential. He seeks to change
the zoning to C-t-/commercial. This letter of explanation outlines the reasons why he is
seeking the zoning change.
Mr. Talbot's property, located south of the Lafayette Woods project, has been negatively
impacted by recent city and developer projects. Encroachment onto the north portion of
his property occurred in connection with the new trail in the 193rd Avenue right-of-way.
Two means of ingress and egress on the north side of his property were elLminated as a
result of the closing of 193rd Avenue. The street to the west of his property has been
moved in an easterly direction so that it now appears to be encroaching on the westerly
boundary of Mr. Talbot's property. Additionally, a substantial mount of soil was
removed from Mr. Talbot's property.
We request a change in the zoning of Mr. Talbot's property from Rlc residential to C- q
commercial with m'o accesses provided on the northside, one on the eastside of his
property adjacent to the boundary between Mr. Talbot's property and the adjoining
owner's property and one at the westside of the northern boundary.
Mr. Talbot requests that the zoning be changed due to the changed circumstances in the
vicinity of the site, the size of the site, and the compromised access to the site. The site is
City of Elk River
Page 2
October 23, 1998
approximately 5.6 acres along a busy highway; the lot is small in size and particularly
narrow from north to south. The location and dimensions of the land are not compatible
with residential use. Furthermore, the surrounding developments are medium density
housing and industrial, both of which will require the services offered by a commercially
developed site.
Mr. Talbot also requests the City of Elk River to state its agreement, in writing, that Mr.
Talbot's property may be accessed on the north side by two accesses.
Sincerely,
GRAY, PLANT, MOOTY,
MOOTY & BENNETT, P.A.
Malcolm D. Reid
MI)R/jcd
OP:~27200 ~1
i~i' Car, RV and marine sales
· Nonprofit clubs, lodges, O~ halls
iv~ Licensed daycare facilities
v. ~,,Institutional uses
vi. ~Equipment rental businesses
vii. C6mmercial recreati6nal facilities
viii.Auto repair shops(
ix. ShopPing cente~'
x. On- sa~,~l iqu/~,~ establishments
xi. Governmer~ta! buildings and facilities
xii. clinics
xiii Car s
xiv. Restau (C~ass II)
xv. Mo' [cle se'rvice stations
xvi. Mot( vehicle specialty shops
xvii.Th( ~ic massage and sauna establishments
xviii Yard
xix. bps (250 foot setback from any residential
zone and 500 foot setback from'Schools, parks, daycare
cen ~rs, churches and other pawnshops, measured from
th~ property line)
x Hotels and motels
Restaurants (Class I)
13. C4 - Nei~b_borhood Commercial
STATEPIENT OF PURPOSE: The purpose of the C4-Neighborhood
Commercial district is to provide land use opportunities to
attract convenience retail stores, and personal service
establishments. It is intended that this district primarily
serves surrounding residential neighborhoods and businesses
within the immediate area. Neighborhood Commercial districts
shall be located adjacent to collector or arterial streets so
that traffic does not impact local streets. In order for
development to occur within this district, public sanitary sewer,
9.32
storm sewer, and municipal water must be available and hooked up
in order to occupy the particular business.
A. Permitted Uses
i. Convenience retail sales of goods and services
ii. Dry cleaning and laundry establishments
iii. Personal service and repair establishments such
as barber and beauty shops, shoe repair, etc.
iv.. Printing shops and publishing shops
B. Accessor~ Uses
i. Uses customarily incidental to the permitted or
conditional uses allowed in this district
ii. Off-street parking areas
iii. Signs as regulated in the Elk River zoning
ordinance
Conditional Uses
ii.
iii.
iv.
v.
vi.
vii.
Retail sale of gasoline .o
Car wash facilities
Daycare centers
Educational/institutional uses
Off-sale liquor stores
Class 1 and Class 2 restaurants
Financial institution
viii. Mortuaries, funeral homes
Lot Standards
i. Minimum lot area - one (1) acre.
ii. Minimum frontage - 150 feet.
iii. Minimum depth - 150 feet.
iv. Maximum building height shall not exceed 2
stories or 30 feet, whichever is less.
9.33
CITY OF ELK RIVER
RESOLUTION NO. 98 -
A RESOLUTION AMENDING THE COMPREHENSIVE PLAN
TO CHANGE THE LAND USE FROM MR (MEDIUM DENSITY
RESIDENTIAL) TO CC (COMMUNITY COMMERCIAL)
CASE NO. LU 98-4
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 November
21, 1998, 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 MR (Medium Density Residential) to CC (Community
Commercial).
PASSED by the City Council of the City of Elk River this
,1998.
day of
ATTEST:
Henry A Duitsman, Mayor
Sandra A. Peine, City Clerk
s:\document\resoluti\lu98-4.doc
Exhibit A
That part of the Northeast Quarter of the Southwest Quarter of Section 28,
Township 33, Range 26, Sherburne County, Minnesota lying Northerly of the
Northerly line of the right of way of County State Aid Highway #1 and lying
Easterly of the Easterly line of the right of way of the Burlington Northern,
Inc. Railroad. Contain 5.69 acres, more less. Subject to that part thereof
taken for Township Roads.
ORDINANCE 98-
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP
TO REZONE CERTAIN PROPERTY FROM RIC (SINGLE FAMILY
RESIDENTIAL) TO C4 (COMMUNITY COMMERCIAL)
CASE NO. ZC 98-10
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:
1. The rezoning is consistent with the Comprehensive Land Use Plan
designation of CC (Community Commercial).
2. Times and conditions have changed to warrant the development of this
property as neighborhood commercial.
3. The property is adjacent to a minor arterial which can meet the
transportation needs of businesses allowed under the C4 zoning district.
4. The proposed C4 zoning district is compatible with the adjacent zoning
districts.
5. The property is within the urban service area and is within close proximity to
existing 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.
., 19 by the City
ATTEST:
Henry A. Duitsman, Mayor
Sandra A. Peine, City Clerk
s:\documentXordinanckoa98-10.doc
Exhibit A
That part of the Northeast Quarter of the Southwest Quarter of Section 28,
Township 33, Range 26, Sherburne County, Minnesota lying Northerly of the
Northerly line of the right of way of County State Aid Highway #1 and lying
Easterly of the Easterly line of the right of way of the Burlington Northern,
Inc. Railroad. Contain 5.69 acres, more less. Subject to that part thereof
taken for Township Roads.