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7.3. SR 03-21-2016City of Elk az — River Request for Action To Item Number Mayor and City Council 7.3 Agenda Section Meeting Date Prepared by Public Hearin March 21, 2016 Chris Leeseber , Senior Planner Item Description Reviewed by Fox Haven Commercial Addition Lots 1 & 2, Zack Carlton, Planning Manager Block 1, Rezone from C-4 Community Commercial Reviewed by to C-3 Highway Commercial Cal Portner, City Administrator Action Requested Adopt, by motion, an ordinance to rezone certain property from C4 Community Commercial to C3 Highway Commercial for the following reasons: 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. 2. Existing conditions in the area are commercial. Background/Discussion Case No. ZC 16-03 The subject properties are west of Westbound Liquor (Lots 1 & 2, Block 1, Fox Haven Commercial). The two properties were acquired by the Elk River Economic Development Authority in August of 2014 and are currently zoned C-4 (Community Commercial). These parcels, along with three other areas, are the only C-4 zones in the city. The attached exhibit shows these areas. Over the past few years, staff has received inquiries about uses for the parcels that are not allowed in the C-4 district but would have been allowed in the C-3 (Highway Commercial) district; for example, business and office uses. Rezoning these parcels would increase their marketability. The Comprehensive Plan guides the properties for highway business uses where commercial uses are allowed and encouraged. The purpose of the Comprehensive Plan is to establish a framework and expectations as to the future use of land. 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 existing conditions in the southwest and southeast corners of the Highway 10/Joplin intersection are zoned C-3. Staff does not foresee any negative impacts to the surrounding area with the rezoning of the subject properties to a commercial zoning district. The subject properties have an existing commercial use adjacent to them and the site is separated from a residential area to the north by 185th Avenue. P a w E R E U a r NaA f RE] In the review of the standards for a Zone Change as outlined, the request is consistent with all of these standards. Planning Commission meeting summary During the public hearing, a residential property owner to the north of the subject site asked what uses would be allowed with the rezoning. Staff provided them a copy of the proposed uses and stated that more uses would be allowed than currently are. He also indicated that the school bus picks up children directly across the street from the two properties and expressed concern with increased traffic. The Planning Commission had no concerns and unanimously recommended approval of the request. Financial Impact None Attachments ■ Ordinance iver Ordinance 16 - An Ordinance Amending the City of Elk River Zoning Map to Rezone Certain Property from C4 Community Commercial to C3 Highway Commercial 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 Lots 1 & 2, Block 1, Fox Haven Commercial Addition, and as described on attached Exhibit A to Highway Business (C3). 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. 2. Existing conditions in the area are commercial. 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 21 st day of March, 2016. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk p 0 W I R 1 0 0 NATURE Exhibit A p 0 1 E NATREO 01 ER City of Elk River Zone Change C4 to C3 ver Background ■ Currently zoned G4 (Community Commercial) ■ Several inquiries ■ Business and office uses Comprehensive Plan ■ Guided Highway Business ■ Commercial uses allowed & encouraged Applicable Regulation ■ consideration shall be given to existing conditions within the area directjand indirectly affected by the proposal Applicable Regulation ■ Staff & PC do not foresee any negative impacts ■ Rezoning from one commercial zoning to another commercial zoning Planning Commission ■ Property owner north ■ What uses? ■ Bus pickup ■ Increase traffic ■ PC had no concerns — unanimously recommended approval Action Requested ■ Adopt, by motion, an ordinance to rezone certain property from C4 to C3 for the following reasons: 1. The rezoning is consistent with comprehensive plan. 2. Existing conditions in the area are commercial. ON