7.2.b. SR 10-02-2017Request for Action
To Item Number
Mayor and City Council 7.2.b
Agenda Section Meeting Date Prepared by
Public Hearings October 2, 2017 Chris Leeseberg, Senior Planner
Item Description Reviewed by
Zone Change: Rezone from I-1( Light Industrial) to Zack Carlton, Planning Manager
C-3 (Office District), Cheryl Freeburg, 12580 192nd
Reviewed by
Court NW
Cal Portner, City Administrator
Action Requested
Adopt, by motion, an ordinance to rezone certain property from I-1 (Light Industrial) to C-3 (Highway
Commercial) because the rezoning is consistent with the City of Elk River Land Use Plan adopted as part
of the City of Elk River Comprehensive Plan.
Background/Discussion
The applicant is seeking a zone change to make several of their illegal non-conforming tenants become
legal conforming.
The property, located in the Elk River Industrial Park, is zoned I-1 (Light Industrial) and the applicant is
seeking to rezone the subject property to C-3 (Highway Commercial). The property has been an
industrially zoned property since before 1980.
During Open Forum at the August 7, 2017, City Council meeting, Dr. Michelle Eddy, a chiropractor and
owner of Focused Health and Wellness Center spoke on behalf of Dr. Nicole Dotson, owner of Intrinsic
Wellness Center. Ms. Eddy indicated they leased space at 12580 192nd Court with the understanding
from the realtor that massage services were allowed. She recently found out zoning prohibits massage
therapy (Personal Service Establishments).
Medical, optical, and dental labs were identified as a permitted use in the I1 zoning district prior to the
recodification in 2002 and are still permitted. Staff interprets this use as industrial/manufacturing in
nature and not an office space, such as an outpatient clinic.
Massage is considered a Personal Service Establishment and is not listed as a permitted or conditional use
in the I1 District. Several of the uses in the multi-tenant building function as outpatient facilities which
are not allowed in the I-1 zoning district and are illegal non-conforming uses. There currently is no
mechanism for city staff to review new businesses going into existing structures.
The City Council reviewed this during their August 21, 2017, Work Session and supported a zone
change.
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
The building, which is designed more like commercial condos than a tradition industrial structure, was
constructed in 2005 and meets the I-1 setbacks. The C-3 setbacks are less restrictive so the structure will
meet those setbacks if the property is rezoned.
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.
Spot zoning is always a consideration when looking at a small rezoning application. Standards define spot
zoning as “the process of singling out a small parcel of land for a use classification totally different from
that of the surrounding area for the benefit of the owner of such property and to the detriment of other
owners.”
As commercial and industrial uses can be compatible, rezoning the subject parcel will not be totally
different than the surrounding area. The structure on the subject site was built in 2005 and has operated
as a commercial building in the industrial park with no issues or concerns.
In the review of the standards for a Zone Change as outlined, it appears that the request is consistent
with all of these standards.
Planning Commission Meeting
The Planning Commission had no questions, comments, or concerns. No one spoke for or against the
request and staff has not received any comments since the Planning Commission meeting.
The Planning Commission unanimously recommended approval of the request.
Financial Impact
None
Statutory Review Period
Per State Statute §15.99 the required 60-day review period ends on October 29, 2017.
Attachments
Location Map
Applicants Narrative
Proposed Zoning Exhibit
Ordinance
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Freeburg
Zone Change
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Case No: LU 17-02 & ZC 17-07 pRiver
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Case No: LU 17-02 & ZC 17-07 pRiver
August 30, 2017
DESCRIPTION OF PROJECT NARRATIVE
PURPOSE: CHANGE OUR 11 PROPERTY TO C3 PROPERTY
REASON: WE CURRENTLY HAVE A CHIROPRACTOR, ACUPUNTURE IN OUR BUILDING AND
THEY WOULD LIKE TO HAVE A MESSAGE THERAPIC JOIN THEIR TEAM.
WE HAVE HAD OUR BUILDING SINCE 2005 AND HAVE HAD SEVERAL COMPANIES LOOK
TO RENT FROM US. WE HAVE TURNED AWAY MORE POTENTIAL RENTERS THAT THOSE
THAT HAVE RENTED. THESE RENTERS WOULD BE A NICE ADDITION TO BOTH OUR BUILDING
AND THE CITY. BY CHANGING TO C3 IT WOULD ALLOW ADDITIONAL BUSINESSES TO RENT
FROM US. WE HAVE NEVER BEEN AT FULL CAPACITY AND STILL HAVE 2400SF THAT HAS
NEVER BEEN FINISHED IN 12 YEARS OF OWING THE BUILDING.
THE BENEFIT TO THE CITY IS TO BRING ADDITIONAL BUSINESSES TO THE AREA.
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Ordinance 17 - ____
An Ordinance Amending the City of Elk River Zoning Map to Rezone Certain
Property from I-1 to C-3
Case No. ZC 17-07
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 C-3 Highway Commercial.
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 upon adoption and be published as provided by
law.
nd
Passed and adopted by the City Council of the City of Elk River this 2 day of October, 2017.
______________________________
John J. Dietz, Mayor
ATTEST:
_______________________________
Tina Allard, City Clerk
Exhibit A