7.2B SR 01-04-2016Template Updated 4/14
Request for Action
To
Mayor and City Council
Item Number
7.2b
Agenda Section
Public Hearings
Meeting Date
January 4, 2016
Prepared by
Chris Leeseberg, Senior Planner
Item Description
ERX Properties, LLC
b. Amending City of Elk River Zoning
Map to Rezone Certain Property
from Commercial Reserve
Transition and Single Family
Residential to Extreme Commercial
Recreation
Reviewed by
Zack Carlton, Planning Manager
Reviewed by
Cal Portner, City Administrator
Action Requested
Adopt, by motion, an ordinance to rezone certain property from Commercial Reserve Transition to
Extreme Commercial Recreation with the following condition:
1. Approval of a land use amendment to guide the property for Highway Business uses
Background/Discussion
Case No. ZC 15-11 (continued from December 21, 2015)
The subject property has been part of the applicants overall plan for the area but they were not in
ownership of it when they first requested a rezoning to Extreme Commercial Recreation (XCR). They
now own the property and are requesting to rezone the subject property in the Commercial Reserve
Transition (CRT) district to Extreme Commercial Recreation (XCR).
The property is adjacent to two areas already zoned XCR and this request will make the current XCR
district one contiguous area.
N:\Public Bodies\Agenda Packets\01-04-2016\Final\x7.2b sr ERX Zone Change.docx
Applicable Regulation
In reviewing a proposed amendment, consideration shall be given to existing conditions within the area directly and indirectly
affected by the proposal, the conservation of property values, the use to which the property affected is being devoted at the time,
and relevant provisions, if any, in the land use plan.
The property is surrounded by XCR, CRT, Mineral Excavation, and a residential zoning district east of
the subject site.
The proposed Zone Change appears to be consistent with the above standards for approval, provided
the Land Use Amendment is adopted.
Analysis
Comprehensive Plan
The property currently has a land use designation of Development Reserve/Mining/Residential and the
applicant has also applied for a Comprehensive Plan Amendment (LU 15-08) to change the land use
designation to Highway Business/Mining.
In order for the properties to be rezoned the underlying land use needs to support the proposed zoning
district, which it currently does not. The Gravel Mining Area Land Use, Transportation, and Utility Plan
identifies the subject property as Highway Business and Low Density Residential.
Planning Commission meeting summary
The Planning Commission felt the request was consistent with recently approved zone changes for other
properties in the area.
No one spoke for or against the request, and the Planning Commission unanimously recommended
approval.
Financial Impact
None
Attachments
Ordinance Amendment
Last Updated March 2014
Ordinance 16 - ____
An Ordinance Amending the City of Elk River Zoning Map to Rezone Certain
Property from Commercial Reserve Transition and Single Family Residential to
Extreme Commercial Recreation
The City Council of the City 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 to Extreme Commercial Recreation (XCR).
SECTION 2. That the rezoning approved by this Ordinance is based on the following findings:
1. The rezoning is consistent with 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 by the City Council of the City of Elk River this 4th day of January, 2016.
______________________________
John J. Dietz, Mayor
ATTEST:
_______________________________
Tina Allard, City Clerk
Last Updated March 2014
Exhibit A
e ,w.iw.s
Land Use Amendment
Zone Change
ERX
City of
Elk
River
75-110,2400
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. 7530-0115 -
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Applicants Name
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ERX Case No-. LU 1 River
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Background
■ Land Use Amendment
■ Zone Change
■ Expand XCR activities
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Land Use
City of
Elk
River
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Land U s e
■ Development Reserve/Mining/Residential
■ Highway Business/Mining
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Land U s e
■ Gravel Mining Area Land Use, Transportation, and
Utility Plan show the subject property as Highway
Business
■ ROW will be reviewed when platted
C
Planning Commission
■ Consistent with recently approved LU amendments
■ No one spoke for or against the request
■ Unanimously recommended approval
•
Zone Change
City of
Elk
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River
C
Zone Change
■ CRT to XCR
■ Part of their overall plan
■ Did not own property
C
Y
Zone Change
■ Adjacent to two areas already zoned XCR
■ Make the XCR zoning district one larger cohesive district
■ Surrounded mostly by XCR, CRT, and Mineral
Excavation
■ Residential zoning to the east of the subject site
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Zoning
■ Gravel Mining Area Land Use, Transportation, and
Utility Plan show the subject property as Highway
Business
■ ROW will be reviewed when platted
C
Planning Commission
■ Consistent with recently approved zone changes
■ No one spoke for or against the request
■ Unanimously recommended approval
Action Requested
■ Adopt, by motion, a resolution amending the
Comprehensive Plan to change the land use from
Development Reserve/Mining/Residential to Highway
Business/Mining
■ Adopt, by motion, an ordinance to rezone certain
property from CRT to XCR