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6.7. & 6.8. SR 04-19-1999 rll ---'\) ( )j lli< Item # 6 . 7. & 6. 8 . MEMORANDUM The Mayor and City Council FROM: Stephen Wensman, Planner 7J DATE: April 19, 1999 SUBJECT: Request by Richard and Dawn Schultz for a Zone Change and Land Use Map Amendment, Public Hearing Case No. LU 99-2, ZC 99-3 Request Consider a request by Richard and Dawn Schultz for: A) Land use map amendment from LI (Light Industrial) to CC (Community Commercial) B) Zone change is from II (Light Industrial) to C4 (Neighborhood Commercial) . . Location 19277 Vernon Street NW, Elk River, Lot 1, Block 2, Meadowvale Commercial Park. Zonin!!/Land Use II (Light Industrial)/ LI (Light Industrial) Attachments . Location map . Letter from applicant . Neighborhood Commercial Uses . Ordinance 99-_ . Resolution 99-_ Overview The property is located in the Meadowvale Commerical Park bound by the . City Trail and County Road 1 and Vernon Street. The applicant is 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330. TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 Memo to the Mayor and City Council! ZC 99-3, LU 99-2 April 19, 1999 Page 2 . requesting the land use map amendment and zone change to allow First Step Preschool as a tenant in a proposed addition to his building. In 1994, R & D Sales Inc. constructed their existing 2,304 SF building on the roughly 1.5 acre parcel. The applicant is now proposing to expand the building to a total of 5,760 SF. The expansion is to contain R&D's growing business which will utilize the existing structure and the rear of the proposed addition. The proposed new tenant is First Step Preschool which would like to operate a preschool, daycare facility at the site. At present, daycare is prohibited in the II zoning district, but a conditional use in the C4 zoning district. R &D Sales Inc. is an embroidery shop with in-house art department and customer service staff and retail sales. The applicant feels that embroidery business is closely aligned to that of a print shop (considered a retail use), however with less waste (See the applicant's attached letter). Staff agrees with the applicant's interpretation of his business, that the embroidery shop is similar to a print shop, and is a conditional use in the C4 zoning district. Granting of Zone Change and Land Use Amendment . In granting a zone change, one of the following must be found: 1. That times and conditions have changed so as to warrant a zone change for a described area and the rezoning for the described area would be in keeping with the spirit and intent of the zoning ordinance and zoning map. 2. That there was an error in the original zoning classification and the rezoning for that described area would be keeping with the spirit and intent of the zoning ordinance and zoning map. 3. The zoning is not in compliance with the City's Comprehensive Plan. In granting a land use amendment, one of the following must be found: 1. The consideration shall be given to existing conditions within the area directly and indirectly affected by the proposal. 2. Conservation of property values . 3. The use to which the property affected is being devoted at the time. f: \shrdoc\planning\stevewen \pcmmo \zc99- 3 cc. doc Memo to the Mayor and City Council! ZC 99-3, LU 99-2 April 19, 1999 Page 3 . 4. Relevant provisions, if any, in the land use plan. Adiacent land uses and zoninI! Adjacent land use designations include Medium Density Residential to the north, Community Commercial to the east, and Light Industrial to the south and west. The property is adjacent the Meadowvale Elementary School and the City Railroad Trail. When considering adjacent land use and zoning, the proposed zoning would be compatible with the adjacent land uses and zoning. Furthermore, none of the businesses in the Meadowvale Commerical Park are specifically industrial uses. The bulk of the light industrial businesses are contained across County Road No.1 in the Elk River Industrial Park. Communitv 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. Recently, an adjacent property was zoned to C4. Staff believes the proposed land use amendment reflects the purpose of the community commercial land use district. NeiI!hborhood 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. Dimensional and Architectural Standards The parcel conforms to the minimum lot size, and minimum lot frontage required in either the C4 or II zoning districts. The existing building conforms to the standards of either the C4 or II districts. . f:\shrdoc\planning\stevewen\pcmmo\zc99- 3cc.doc Memo to the Mayor and City Council / ZC 99-3, LV 99-2 April 19, 1999 Page 4 . Planning Commission The planning commission unanimously moved to recommend approval of the applicant's request. Only the applicant spoke at the public hearing. Recommendation A) Staff recommends that the Planning Commission approve the request by Richard and Dawn Schultz for an amendment to the Land Use Plan (LU 99- 2) based on the following findings: 1. 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 2. The proposed amendment will encourage limited commercial development to serve the adjacent residential area and neighboring businesses. . 3. The proposed amendment will allow for a rezoning that will provide for land use opportunities to attracted convenience retail stores and personal service establishments. B) Staff recommends that the Planning Commission approve the request by Richard and Dawn Schultz for a Zone Change (ZC 99-3) from II (Light Industrial) 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. . \ \elkriver\sys\shrdoc\planning\stevewen \pcmmo \zc99- 3 cc. doc .c:h \ \" : '\. -. ~0Jl ~ ~........... -' '~.U~ '--Czlj AD . " " ~ 7 T~. ^~, \ . ; I\~t ~ \-~ / _. I ~/.(&r~ Jj:'J-- ..-;; >if · ~ 'I- 7/ . -. ". .fJj;- '~~r-' . . ~, . \~ . It-- -. ~ . 11'1 , ~.. ~ ~,.. I , . . I ...; LOCATION ,1'11'1. . -~ '" rAm. ~ _I .. ~~ __.~~~O '-:.;~ . ~ I r,l~WA>. ~ iI~ · '!l..I.J" - -:0..: .~ I.{' I _. ~~ J~ 'h . -.--- _I I=-' ~_ ~.t ~ n ~ ~~ ~~ J ~ ' '- =-1(~/l:.. , ~ ~ - ':JJJ"" =-. -.,. -I. ,. I ~ - ..... I Iii.' RIb n . ~ -- .' .' ~ ~ ,\ --~ . ~~ 1 \' \',,\ -AI If I r~I":'c · .~ I:"' "': \ ~ RIc I~~ ~ ~, It. 1\.7 ~ -. "ro' ~\-i=Il - · R1c' C . t . I ~ ~'"\ ~ . . ~ I2c_~~ '4'O-'iO:i It 'U ~A. 1111-. ~utJrrQY;;> II UCl( ~L I . . ~ \t ~I~'",n~ ~.".... R2b c PARK I ~ , . II:&UJ H ~ \:-\ ORONO 'I:I.J 0 ~..~ t- . , ",~ - '" f Y -~ . I ~ ( """"11 I ij A ~1~?7 - """- City of !!! II{ LOCA TION MAP N 13065 Orono Parkway · P.O. Box 490 Elk River. MN 55330 LU 99.2 CASE:' CU 99-13,ZC 99-3 . R & D Sales, Inc. 19277 Vernon St NW Elk River, MN 55330 February 22,1999 Re: Zone change request from Light Industrial (1-1) to Neighborhood Commercial (C-4). R & 0 Sales Inc. has' operated at the existing location for the past 5 years. The existing building is 2,304 square feet. The new proposed addition is not to exceed 5,760 square feet. This final expansion would complete the development of this property. R & D S~les Inc. currently has a retail store front with many wearable items ready for retail sale. Complete with in-house art department and customer service staff we can assist any retail residential area customers. An example of retail. customers would be: bowling teams, softball teams, basketball teams, teachers and anybody looking to purchase clothing. . R & D Sales Inc. also services many of the nearby local business in the City of Elk River. An example would be: Chuba Co., Country Lumber, UPA, Meadowvale School, ISO 728, Neary Mfg, Bilmar Bus Co., Alltool, Timron, E & 0 Tool, but their are so many more, these are the few that are right in our "backyard". R & D Sales Inc. primarily handles many types of clothing and wearables. Many items would be comparable to the clothing that a Dry Cleaning business would handle on a daily basis. In fact one of the local Dry Cleaning business is a long standing current retail customer of ours. R & D Sales Inc. also finds a common comparison in the nature of its business operation to that of a Printing shop. R & D Sales Inc. uses thread instead of ink to create and decorate wearables. A printing shop can produce both large and small orders. Embroidery can also produce orders large or small. R & D Sales never has a minimum quantity on any order. The waste generated with embroidery is only with the thread and light weight backing material used during the decorating process. The printing shops do have toxic inks and solvents to dispose of properly. . . I .. R & D Sales, Inc. in summary feels that the times and conditions have changed to request a zone change. We have been at the current location for 5 years. The current building was designed and positioned on the lot to allow for this expansion. At that time it was our business plan to complete the lot development within a 4 to 6 year time frame. If the zone change is approved this was a good plan. We also feel it is very important to compliment the neighboring area, with a single level building design, many trees and overall appeal to keep with the spirit of the City of Elk River. . . /2au-n '1J7.~~ Dawn M. Schulz . . . 13. C4 - Neighborhood Commercial STATEMENT 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, 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 ~~~. Personal service and repair establishments such as barber and beauty shops, shoe repair, etc. iv.. Printing shops and publishing shops B. Accessory 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 C. Conditional Uses i. Retail sale of gasoline , ii. Car wash facilities iii. Daycare centers iv. Educational/institutional uses v. Off-sale lLquor stores vi. Class 1 and Class 2 restaurants vii. Financial institution viii. Mortuaries, funeral homes D. 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. . ORDINANCE 99-_ CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM 11 (LIGHT INDUSTRIAL) TO C4 (COMMUNITY COMMERICAL) CASE NO. ZC 99-3 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. 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 March, 1999 by the City Council of the City of Elk River. Stephanie Klinzing, Mayor ATTEST: . Sandra A. Peine, City Clerk \ \elkriver \sys \shrdoc \document \ordinanc \zc99-3. doc . EXHIBIT A Lot 1, Block 2, Meadowvale Commercial Park, Elk River, MN . . \ \elkriver \sys \shrdoc \document \ordinanc \zc99-3.doc . CITY OF ELK RIVER RESOLUTION NO. 99 - A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM LI (LIGHT INDUSTRIAL) TO CC (COMMUNITY COMMERCIAL) CASE NO. LU 99-2 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 LI (Light Industrial) to CC (Community Commercial). PASSED by the City Council of the City of Elk River this _ day of , 1999. Stephanie Klinzing, Mayor ATTEST: Sandra A. Peine, City Clerk . \ \elkriver \sys \shrdoc \document \resoluti\lu99-2.doc . EXHIBIT A Lot 1, Block 2, Meadowvale Commercial Park, Elk River, MN . .