6.10. & 6.11. SR 03-20-2000qty of
River
MEMORANDUM
Item#6.10. & 6.11.
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Scott Harlicker, Senior Planner~
March 20, 2000
Request by Hoyt Partners for Land Use and Rezoning,
Public Hearing Case No.'s LU 00-2 and ZC 00-2
Request
Consider a request by Hoyt Partners for a land use plan amendment to HB
(Highway Business) and a rezoning to C3 (Highway CommerciaD
Location
The southeast corner of the future intersection of Waco Street & Highway 10
and north of the westerly extension of Business Center Drive
Zoning/Land Use
BP (Business Park) / CC (Community Commercial) & LI (Light Industrial)
Attachments
· Location map
· Land use map
· Survey of subject property
· Site plan showing proposed street layout
· Letter from applicant
· Memo from City Engineer
· List of allowed uses in the Highway Commercial District
· Resolution No. 00-
· Ordinance No. 00-
Overview
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/ZC00-2/LU00-2
March 20, 2000
Page 2
The applicant is requesting to change the land use designation of the subject
property from CC (Community Commercial) and LI (Light Industrial) to HB
(Highway Business) and the zoning from BP (Business Park) to C3 (Highway
Commercial). The area under consideration is about 19.5 acres. The property
is located on the south side of Highway 10, west of the Sherburne County
Government Center.
The property owners have petitioned the City to extend Business Center
Drive and municipal utilities across their property. Other improvements in
the area include realigning Waco Street and signalizing the Waco
Street/Highway 10 intersection. Realigning Waco Street to the east will
create Parcel 1. The extension of Business Center Drive to Waco Street will
create Parcel 2 (refer to attached survey).
The subject property is currently part of 125 acres owned by the applicant.
The subject property will be split into three parcels because of the road
alignments. Parcel I is 3.17 acres and is located at the southwest corner of
Waco Street and Highway 10. Parcel 2 is 12.98 acres and is located east of
Waco Street between Business Center Drive and Highway 10. Parcel 3 is 3.54
acres and is located south of Business Center Drive abutting the west side of
the Sherburne County Government Center.
The property to the south of Business Center Drive, with the exception of
Parcel 3, will remain zoned Business Park. The property to the east, which
contains the Sherburne County Government Center, is zoned Business Park.
The property on the north side of Highway 10 is zoned residential, and the
property to the west of Waco Street is also zoned residential.
The applicant is not requesting plat approval at this time. With the exception
of the south line of Parcel 3, the property lines shown on the survey represent
existing property lines and the center lines of the proposed roads. The
applicant will be before the Council at a future date for preliminary plat
approval.
Consistency with Comprehensive Plan
The Comprehensive Plan identified the intersection of Waco Street and
Highway 10 as a future commercial node because of accessibility and
visibility. The Comprehensive Plan identifies the subject property as CC
(Community Commercial).
Community commercial land uses, as discussed in the Comprehensive Plan,
are intended to serve the surrounding neighborhood and should be located at
the intersection of collector streets. Highway commercial land uses are
S:\PLANNING\SCOTT\ZC002CC.DOC
Memo to Mayor and City Council/ZC00-2/LU00-2
March 20, 2000
Page 3
intended to provide commercial opportunities that typically require highway
access and high visibility. The uses allowed under the Highway Business
land use designation tend to serve a broader area than those allowed under
Community Commercial. Given the nature of the development that is likely
to occur on adjacent business park property, the highway visibility and
highway access, and the signalized intersection, a more intense commercial
development intended to serve a broader area of the community is
appropriate for the subject property.
Two of the proposed parcels provide both highway access and high visibility.
Parcel 1 and parcel 2 have frontage on Highway 10, while parcel 3 does not.
Parcels 1 and 2 would provide commercial opportunities with minimal impact
on adjacent properties.
Access
Access to the parcels will be from Business Center Drive; there will be no
direct access from Highway 10 or Waco Street. The Waco Street/Highway 10
intersection is proposed to be signalized, providing a controlled access to
future developments.
Allowed Uses
The purpose of the Highway Commercial District is to allow commercial,
office and quasi-industrial uses in areas with access to major highways. It is
the most intensive commercial district. Uses associated with highway
commercial zoning usually generate a high level of traffic and could have
adverse impacts on adjacent properties. Business Center Drive would provide
a good buffer between future highway commercial uses and the adjacent
business park property. Attached is a copy of permitted and conditional uses
for the Highway Commercial District.
Parcel 3
Parcel 3 is 3.54 acres located on the south side of Business Center Drive
adjacent to the Sherburne County Government Center. This area has not
been included in previous discussions regarding highway commercial zoning
in this area. Previous discussions included the areas fronting Highway 10
north of Business Center Drive. Parcel 3 was not included in previous
discussion because staff felt the appropriate zoning for this property is
Business Park.
Business Center Drive forms a physical as well as visual separation between
the parcels fronting Highway 10 and Parcel 3. Because the parcel abuts the
S:\PLANNING\SCOTT\ZC002CC.DOC
Memo to Mayor and City Council/ZC00-2fLU00-2
March 20, 2000
Page 4
Sherburne County Government Center, traffic generated by highway
commercial uses are likely to have an adverse impact on the Government
Center.
Because of the separation from Highway 10, the adjacent Sherburne County
Government Center and the abutting business park property, staff
recommends that the land use designation and zoning of Parcel 3 not be
changed from Light Industrial and Business Park to Highway Business and
Highway Commercial.
Planning Commission Meeting
At the February 29th Planning Commission meeting no one spoke at the
public hearing. The Commission discussed the different uses allowed in the
Highway Commercial, Community Commercial and Business Park zoning
districts. The applicant addressed the Commission and explained why he was
requesting the land use amendment and the rezoning.
Recommendation
The Planning Commission and staff recommend the City Council approve
Resolution No. 00-__ approving the request to amend the land use
designation of Parcel 1 and Parcel 2 from CC (Community Commercial)and
LI (Light Industrial) to HB (Highway Business) based on the following
findings:
1. PARCEL 1 AND PARCEL 2 WERE IDENTIFIED IN THE COMPREHENSIVE PLAN AS A
FUTURE AREA FOR HIGHWAY BUSINESS LAND USES.
2. THE ARE UNDER CONSIDERATION IS ADJACENT TO HIGHWAY 10
3. THE PROPOSED LAND USE PLAN AMENDMENT WILL ALLOW FOR HIGHWAY
COMMERCIAL DEVELOPMENT AT A SIGNALIZED INTERSECTION.
The Planning Commission and staff recommend the City Council approve
Ordinance No. 00- approving the proposed zone change of Parcel 1 and
Parcel 2 from BP (Business Park) to C3 (Highway Commercial) based on the
following findings:
1. THE REZONING IS CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN
DESIGNATION OF HB (HIGHWAY BUSINESS).
2. THE CONDITIONS HAVE CHANGED TO WARRANT THE DEVELOPMENT OF THIS
PROPERTY AS HIGHWAY COMMERCIAL.
3. THE PROPERTY IS ADJACENT TO HIGHWAY 10 AND IS LOCATED AT A SIGNALIZED
INTERSECTION THAT WILL MEET THE TRANSPORTATION NEEDS OF BUSINESSES
ALLOWED UNDER THE C3 ZONING DISTRICT.
4. THE C3 ZONING DISTRICT IS COMPATIBLE WITH THE ADJACENT ZONING DISTRICTS.
S:\PLANNING\SCOTT\ZC002CC.DOC
Memo to Mayor and City Council]ZCOO-2/LUO0-2
March 20, 2000
Page 5
5. THE PROPERTY IS WITHIN THE URBAN SERVICE AREA AND WILL BE SERVICED BY
MUNICIPAL SEWER AND WATER.
S:\PLANNING\SCOTT\ZC002CC.DOC
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Elk River, MN 55330
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SOUTH FRONTAGE ROAD
HOYT PARTNERS, LLP
P. O. BOX 277
ELK RIVER, MN 55330
January 27, 2000
Michele McPherson
Director of Planning
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: List of adjoining property owners
Dear Michele:
Enclosed is the list of adjoining property owners within 350 feet
of parcel numbers'75-131-3100 and 75-131-4200.
Parcel number 75-131-3100 is an 80 acre tract of land and parcel
#75-131-4200 is 58.49 acres. The property to be re-zoned is on the
north end of each of these parcels.
The affected property to be re-zoned is well in excess of 350 feet
from many of these people. Do they all have to be notified?
Maybe they won't be interested since they will see that the
affected property is a fair distance from their property. I am
just hoping not to stir up any unneeded controversy.
Please call me at 241-8527 and let me know your thoughts.
Thank you.
Sincerely yours~
Stewart T. Wilson
Howard R, Green.Company
CONSULTING ENGINEERS
January 31, 2000
File: 809410J-0325
Ms. Michele McPherson
Director of Planning
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330-0490
RE: HOYT PARTNERS ZONE CHANGE REQIJEST
Dear Ms. McPherson:
As requested, we have reviewed the exhibit prepared by John Oliver and Associates for the
Hoyt Partners zone change request. The exhibit was signed by Lynn Caswell of John Oliver
and Associates and had a revision date of January 21, 2000. Based on our review we find that
the description of line 1 on the exhibit mirrors the centerline of Business Center Drive in the
plans we are currently working on from the County Government Center property to point A
where the description heading to the north mirrors the centerline of the re-alignment of Waco
Street. We have also reviewed the descriptions on the exhibit and find them to be accurate.
Therefore, I believe this exhibit accurately reflects the property requested for re-zoning
consideration.
If you have any questions regarding any of this information please call.
Sinckrely,
Howard R. Green Company
TerrY J. Maurer, P.E.
\\SPNWFS\VOL1\DATA\PRCJ',809410J\0325~tr ! -3~-00 mcpherscn.doc
1326 Energy Park Ddve · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 8881368-4389
Licensed daycare faci
[es
.stitutional,use:
iii. S:
iv. Finan¢
v. Funeral
Family
'tutions ..... ~.
vi.:.Bo, house
· :. vii ~1
facilities
Therapeutic massage
'establishments
12. C-3 - Highway C_~-~ercial District
STATEMENT OF PURPOSE:. The purpose of the C-3 highway commercial
district is to recognize the need for commercial establishments
on or serving with immediateaccess 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 commercial uses, quasi-industrial and wholesale ..
enterprises that do not meet an industrial setting and have
considerable customer contact are acceptablein the highway
commercial district.
Permitted Uses
i. Governmental, business and professional offices
ii. Retail shops and stores
iii. Personal service establishments
iv. Nurseries, produce markets, and garden centers
whichmay include outdoor display
v. Convenience stores
vi. Public parks
vii. Financial Institutions
viii. sale of firearms
B. Accessory Uses
i. Signs as are permitted in Section 900.22
ii. Off-street parking facilities
iii. Off-street loading facilities
9.30
.... :: ': 'iv. Telep o ths' :"' ' '-' ' '~!:':' :'?' "[ .
v. Private recreational facilities
'.". ,. · ;'. ' " :.5 . .
.. vi. Public shelters and essential services
C. Con~itional Uses'~' ~::' · ~ '-:"-:~;:' :-.~"
i. Enclosed light manufacturing' ~it~!'~elated retail
sales
~"~'~;~",., ~.-~- ~". ..... ,, " ~:'~ 0 ~"~.~'.i"~ ~'.'." '~'.~: .'~ C'~ ~'~' ~', ?? ~ '" '?"
"ii.;"f Car, RV and-ma~ine shies .. ........... _..x ..... ,'
'iii;Nonprofit clubs,' lodges, or halls
:":""'i~.:::L~censed daycare facilities -.. . .
'~. "'Institutional uses
· ' .... vi' EqUipment rental businesses
vii. Commercial recreational facilities
viii.Auto repair shops
ix. Shopping centers
x. On-sale liquor establishments
xi. Governmental buildings and facilities
xii. Veterinary clinics
xiii. Car Washes
xiv. Restaurants (Class II)
xv. Motor vehicle service stations
xvi. Motor vehicle specialty shops
xvii.Therapeutic massage and sauna establishments
xviii.Lumber Yard
xix. Pawnshops (250 fo'6t setback from any residential
zone and 500 foot setback from schools, parks, daycare
centers, churches and other pawnshops, measured from
the property line)
xx. Hotels and motels
xxi. Restaurants (Class I)
9.31
13
Comm~
attrac'
establi~
serves
within the
shall be loc
that traffic
development to
storm sewer, and
in order to occup~
A. Permitted
xxii. Development of property within fifth (50) feet of
the Wild and Scenic River District
xxiii. Mini-st age, provided:
' ' :a'~]" .... That -t~e:?'~'s6 :'is '~-unPlatted iand Outside
the urban service district
~.~.h~.' i:.',: 7,!:.,'%,
[ C4 .~- Neighborhood Co~uaercial
OF PURPOSE: The purpose of the C4-Nel
district is to provide land use opportuni ~ to
· retail stores, and personal se~
It~is intended that this districi y
residential neighborhoOds Lsinesses
area. Neighborhood 1 districts
adjacent to collector o~ art~ ~1 streets so
not impact local., streets, order for
within this district, sanitary sewer,
~icipal water must be lable and hooked up
particular busine:
i. Convenl :e retail .ts Of ·goods and services
ii. Dry clean establishments
iii. Personal se:
as barber and
uud repair establishments such
~hops, shoe repair, etc.
iv.. Printing s
publishing shops
B. Accessory Use
i. Uses :omarily in¢
condit ses allowed
to the permitted or
district
ii. O~ -~reet parking area
iii
as regulated in th(
k River zoning
ce
=ional Uses
Retail sale of gasoline
i. Car wash facilities
iii. Daycare centers
iv. Educational/institutional uses
9.32
CITY OF ELK RIVER
RESOLUTION NO. 00 -
A RESOLUTION AMENDING THE COMPREHENSIVE PLAN
TO CHANGE THE LAND USE FROM LI (LIGHT INDUSTRIAL) AND CC
(COMMUNITY COMMERCIAL) TO HB (HIGHWAY BUSINESS)
CASE NO. LU 00-2
WHEREAS, Minnesota Statutes, Chapter 462.355, Subdivision 2, prescribes
the procedure for amending the Comprehensive Plan, and
WHEREAS, the Planning Commission held a pubhc hearing February 29,
2000, 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 following:
1. Parcel 1 and Parcel 2 were identified in the comprehensive plan as a future
area for highway business land uses; and
2. the area under consideration is adjacent to Highway 10; and
3. the proposed land use plan amendment will allow for highway commercial
development at a signalized intersection; and
4. the proposed 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 LI (Light Industrial) and CC (Community Commercial) to HB (Highway
Business).
PASSED by the City Council of the City of Elk River this day of
,2000.
ATTEST:
Stephanie Klinzing, Mayor
Sandra A. Peine, City Clerk
EXHIBIT A
P~CF~ 1
That part o~ the East Half of the Southwest Quarter of Section 31, Township 33, RanEe 26,
Eherbu~e County, Minnesota which lies Eou~b of the South line o[ U.S. H~bwa~ No. lO and
6~; Nor~ of ~ne I described as follow$::
CommencJnE at the Southwest corner o~ said East Half of the Southwest Quarter
Point of Be~innl~ of ~e ~ne to ~ described; ~ence South 62 degrees 13 minutes 47
seoondx East a distance of 221.36 feet to a poJnt ~o be referred to as Point A: ~ence
cont~ue South 62 de&ree$ 13 mlnutez 47 seconds East a d~stance of 50.83 feet; ~ence
easterly a dJs~ce og 2I?.16 ~ ~o~ a tan&en~ cu~e concave ~o ~e north hawnE
cen~ a~le oI 27 de, tees 38 minutes 6~ seconds end a radlus of 450.00 leer; ~ence
So~ 89 de&~e$ 62 mJnute$ 46 ~conds East. ta~en~ ~o the last de$crlbed cu~e.
~stance og 697.~ feet to a poJnt ~o be reIerred to as Point B; thence northeasterly a
dls~ce og 37~.9~ fee~ alonE ~ tangential c~e concave ~o the not, west ha~ng ~ cen~ai
anEle o~ 48 de, tees ~ ~nutes 40 seconds and a rad~us of 450.00 feet; ~ence North
deErees 44 m~nu~ez 34 secon~ East. talent ~o the last desc~bed cu~. a dixtance
120.00 fee~; thence nor~easterIy a distance of 382.?4 feet alon& a tangential cu~e
concave to ~e xoutheast, havi~ a cen~ an~ie o~ ~ degreex 43 ~inuges 5G seconds and
· a radi~z of ~0.00 feet; ~enee South 89 degrees 31 minutes 30 seconds East. ~an~ent to
~e last desc~bed cu~e. a distance o~ 10.92 feet to the Fes~ llne of the East 726.00 feet
of the West H~f of t~e Sou~east Quar~er og xaid Sec~on 31 and ~ere termlnat~ng.
~d I~n& We~J og ~e fOHo~ descrlbed ~ne; BeEinni~ ~ the above re~erenced Polnt A. thence
North 27 degrees 4G ~nutem I3 seeondm Eax~ a dlsgance of 262.21 feet; thence northearterly
distance of 103.97 feet a]on~ a tanEentlal cu~e concave ~e northwest havin~ a centrai angle
13 de&reex 14 m~ute~ 16 seconds and a radJux of 450.00 ~ee~; thence North 14 degrees 31
mlnules 57 x~onds East. ~engent to the Iast descrJbed cu~e. a distance of 109.94 feet to
3ou~ llne of U.S. H1&hwa~ No. 10 and ~2 and ~ere
P~C~ 2
That part o~ ~e Eas~ Half of ~e Sou~ex~ ~ua~er of Set,on 31, To,ship 33, ~nEe
3herbu~e County. Minnesota and ~at part of the ~est Haig of the Southeast Quarter of said
$ec~on 31 which lle South of t~e South iine og US. Hi~hwa~ No. I0 and 52; Yorth of ~ne
deso~bed as foEows:
Com~encJng aL the SouthwesL co, er of sa~d East Half o~ ~e Eou~west ~uarter
Set,on 31; ~ence North 0 degrees 51 ~nuLes 02 seconds FesL, assumed bearJng, along
~e we~t lJne of s~d East Half of ~e Southwest ~uarLer a d~$tanoe of 2~74.22 [eet ~o the
PoJnt of Beg~nnJn& of ~e l~ne ~o be described; thence South 62 degrees ~3 m~nutes
seconds East a d~xtance of 221.36 feet ~o a poJnL Lo be re~erred ~o as PoJnt A; thence
con~Jnue $ou~ 62 de, tees 13 mJnutes 47 seconds EasLa dJxLance of 65.83 feet; thence
easteriy a ~s~an~ of BI?.16 feet aion& a ~a~ent~al cu~e concave ~o the north hewnE a
central an~Je of B7 degrees 38 m~nutes 5~ ~econdx and a radJus of 450.00 feet; ~hence
South 89 deErees 62 mJnutes 4G seconds EasL. tan&enL ~o ~e lasL desorJbed cu~e. a
distance of 697.~ feet to a point ~o be ~fer~d ~o as PoJnt B; t~ence not,easterly
~s~noe of 379.96 feel alon~ a t~en~Jal cu~e concave ~o Lhe northwest ha~n~ a central
anEle of 48 degrees ~ m~n~tes 40 seconds and a radZus of 4~0.00 feet; thence North
de&tees ~4 ~Jnutes 34 seconds Ees~. ~an&enL ~o the las~ described cu~e, a distance
150.00 JeeL; thence nor~easterly a d~x~ance oJ 385.74 feet a]on~ a ~anEentzai cu~e
concave ~o the xouL~east, ha~ · central angle of 48 degreex ~3 mJnutes 56 secondx ~nd
a radius of 460.00 feet; thence South 89 deErees 3l minuLes 30 secondx Eas~. tangent
the last described cu~e. a dJstanoe of 10.95 [ee~ ~o the Ee~L iine of the Eas~ 7B6.00 [eeJ
of the Fes~ MeI~ o~ ~e Sou~eaxt OuarJer of said SecLJon 3~ and ~here
~d l~E EasJ of ~e foUo~nK descrJbed lJne; BeEJnn~n~ a~ the above referenced PoJn~ A; thence
North 27 degrees 46 mJnute$ 13 secondx East a d~stanoe of 262.2~ feet; thence northeaxLerly a
d~sLance of 103.97 feet along a Lan~enLJai cu~e concave ~he northwe~L havJn~ a cenLral an&le
13 de, tees ~4 ~nute~ 16 seconds and a radJus o~ 460.00 ~eet; Lhence North 14 degrees 31
m~nuLe$ 67 m~ond$ Ea$L. Lenient ~o ~he las~ described cu~e. a d~stance of 109.94 feel ~o sa~d
South lJne of US. M~wa~ No. ~0 and 65 and there terminating.
ORDINANCE 00 -
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN
PROPERTY FROM BP (BUSINESS PARK)
TO C3 (HIGHWAY COMMERCIAL)
CASE NO. ZC 00-2
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:
THE REZONING IS CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN
DESIGNATION OF HB {HIGHWAY BUSINESS).
THE CONDITIONS HAVE CHANGED TO WARRANT THE DEVELOPMENT OF THIS
PROPERTY AS HIGHWAY COMMERCIAL.
THE PROPERTY IS ADJACENT TO HIGHWAY 10 AND IS LOCATED AT A
SIGNALIZED INTERSECTION THAT WILL MEET THE TRANSPORTATION NEEDS OF
BUSINESSES ALLOWED UNDER THE C3 ZONING DISTRICT.
THE C3 ZONING DISTRICT IS COMPATIBLE WITH THE ADJACENT ZONING
DISTRICTS.
THE PROPERTY IS WITHIN THE URBAN SERVICE AREA AND WILL BE SERVICED
BY MUNICIPAL SEWER AND WATER.
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
City Council of the City of Elk River.
,2000, by the
ATTEST:
Stephanie A. Klinzing, Mayor
Sandra A. Peine, City Clerk
s:\document\ordinanc\zc00-2.doc