5.8 PCSR 06-28-1994 '-`( k) AGENDA ITEM 5.8
y of
't
tlk
River
MEMORANDUM
TO: PLANNING COMMISSION
FROM: GARY SCHMITZ, PLANNING ASSIST.GrA/
DATE: JUNE 28, 1994
SUBJECT: LAND USE AMENDMENT AND ZONE
CHANGE REQUEST BY DENNIS
ANDERSON, PUBLIC HEARING, CASE
NO. LUA 94-05 AND ZC 94-06
REQUEST
Dennis Anderson is requesting to amend the Comprehensive Land Use Plan
from MR (Medium Density Residential) to HB (Highway Business). The
request also involves rezoning from Rlc (Single Family Residential) to C3
II (Highway Commercial).
LO CATION
Outlot A, Brentwood Subdivision, Sherburne County, MN (southwest corner
of 197th and Highway 169)
ATTACHMENTS
Location Map, Zoning Map, Land Use Map, City Council minutes dated
March 3, 1980, page V13 of the existing Growth Management Plan
BACKGROUND
Outlot A of the Brentwood Subdivision, a vacant seventeen (17) acre outlot, is
currently zoned Rlc (Single Family Residential) with an underlying land use
of MR (Medium Density Residential). The Brentwood Subdivision was
platted in 1980 into 101 single family lots with an average lot size of
approximately 2 to 2 1/2 acres. The request involves a rezoning and land use
amendment from Rlc (Single Family Residential) and MR (Medium Density
Residential) to C3 (Highway Commercial) and HB (Highway Business).
III
P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Anderson, ZC & LUA Page 2
June 28, 1994
•
HISTORY OF OUTLOT A
Research into the Brentwood Subdivision shows that very few details on the
future use of Outlot A were recorded. The minutes of the March 3, 1980, City
Council meeting indicated that the future use of Outlot A was discussed. The
applicant indicated at this meeting that the plans for the use of the outlot
were dependent upon community plans and needs. However, the current
land use designation and zoning classifications indicate that the site was
planned for single family residential. Attached is a copy of these minutes.
Staff could not find any further recorded information on the future intended
use of the subject site.
OVERVIEW
The subject property is a relatively flat, treeless seventeen acre parcel. The
outlot is encompassed on all sides by residentially zoned property. To the
north and west, parcels are zoned R1a, which has a minimum lot size of 2 1/2
acres. To the east, parcels are zoned Rle with a minimum lot size of 20,000
square feet in size. To the south, Ric, which has a minimum lot size of
• 10,000 square feet. The nearest commercial property is the Hillside
Commercial PUD located on the east side of Highway 169, and south of the
Brentwood Subdivision. Current access to the site is limited to 197th Street
and Irving Avenue. Outlot A is the only portion of the Brentwood
Subdivision which is currently planned for City services. However, this site
does not have City services available at this time.
ZONING
The statement of purpose of the C3 (Highway Commercial) zoning district is
to recognize the need for commercial establishments on or serving with
immediate accesses to major highways. Permitted land uses should take
advantage of the highway access in a manner in which other business
districts are not afforded. It is important to note that this rezoning is not tied
to any specific development proposal and therefore, the Commission must
consider the entire spectrum of potential uses allowed in the C3 district. The
Elk Park Center and Hillside Commercial subdivision, although both are
zoned PUD, have an underlying land use of HB (Highway Business) and offer
a valid comparison of the type of development that could occur on this
particular site.
• Staff is concerned that rezoning this parcel to such an intensive commercial
district could disrupt the residential qualities of the adjacent area. The
anderson.pc
Anderson, ZC & LUA Page 3
June 28, 1994
•
subject property has been zoned single family residential and residents in the
area have purchased property with the understanding that it would develop
as residential. A C3 zoning designation may be too intense of a land use to
adequately blend with the surrounding low density residential.
TRAFFIC
Another major issue to consider before rezoning this site is traffic. It is
anticipated that the major access to this site will be from 197th Avenue,
which intersects with Highway 169. This intersection is currently not
signalized and is not planned to be signalized, which will make travel to and
from this site very difficult. It is also anticipated that the commercial traffic
generated from this site could impact neighboring residential streets. Lack of
direct access to Highway 169, coupled with the inability to utilize a frontage
road concept for this site, leads to serious questions as to how commercial and
residential traffic would integrate. The Elk Park Center and Hillside
Commercial subdivision both have a frontage road concept which will direct
traffic away from residential areas. However, the subject site without direct
access to Highway 169 will generate additional traffic to the residential
II
streets.
GROWTH MANAGEMENT PLAN
The Growth Management Plan (adopted in 1988) identified the area on the
east side of Highway 169 between 193rd and 197th as having the potential
for commercial uses, however, the subject property was identified for medium
density residential. One of the goals of the Growth Management Plan was to
limit strip or scattered commercial operations along the City's major
roadways. The subject site is physically separated from any planned or
developed commercial property and would conflict with that goal.
The Growth Management Plan is currently in the process of being updated by
the City. One of the components of this review will be to analyze the need for
future highway commercial growth areas and determine if the existing
supply of highway commercial property is adequate to serve the City's future
needs. A second component of the study will deal with the possibility of
creating a neighborhood commercial zoning district designed to provide
convenience and service establishments for the residential neighborhoods.
Attached is a copy of page V13 of the existing Growth Management Plan in
which the neighborhood commercial zoning district concept and the possible
future need for this type of zoning designation is discussed.
IP
anderson.pc
Anderson, ZC & LUA Page 4
June 28, 1994
•
Until these two components are fully studied, staff feels it is premature to
consider amending the land use plan map and rezoning of this parcel without
the benefit of this comprehensive study.
RECOMMENDATION
Before any rezoning or land use amendment is approved, one of two findings
must be made:
1. There was an error in the original zoning designation, or
2. The times and conditions have changed such that the original
designation is no longer valid.
It is premature to argue either finding until the study of the Growth
Management Plan is completed. Therefore, staff is recommending the land
use plan amendment and rezoning request by Dennis Anderson be denied
based on the following reasons:
1. The Growth Management Plan Goals and Policies state that
commercial development should be located to strengthen the
downtown area and strip or scattered commercial site along
major roadways be avoided.
2. The proposed rezoning would allow potential intensive
commercial activities immediately adjacent to existing
residential areas. Without a natural buffer or physical
separation, the compatibility of highway business and low
density residential is questionable in this location.
3. The need for additional highway commercial within the
Highway 169 corridor, as well as the possibility of a
neighborhood commercial designation are currently being
studied with the updating of the City's Growth Management
Plan. Therefore, a decision on the appropriateness of
commercial in the subject area should be delayed until the
updated comprehensive study is completed.
4. The traffic issues, such as the lack of a signalized intersection at
the corner of 197th and Highway 169, and the lack of direct
access to Highway 169, along with the inability to utilize a
frontage road concept for this site led to concerns as to how
• commercial traffic will integrate with the residential
neighborhood.
anderson.pc
REGULAR SEMI-MONTHLY MEETING OF THE
CITY COUNCIL OF ELK RIVER
HELD IN THE ELK RIVER PUBLIC LIBRARY
March 3, 1980
Members Present: Mayor Madsen, Councilmembers, Otto, Engstrom, Toth.
Members Absent: Councilman Duitsman.
1. The meeting was called to order at 7:30 p.m. by Mayor Madsen.
2. Agenda
Item 7D, Rail Corridor Study, and Item 7E, the affairs of the Sewer Plant, were
added to the agenda. COUNCILMAN TOTH MOVED APPROVAL OF THE MARCH 3, 1980, CITY
COUNCIL AGENDA. COUNCILMAN ENGSTROM SECONDED THE MOTION. MOTION PASSED 3-0.
3. Minutes
COUNCILMAN ENGSTROM MOVED. APPROVAL OF THE MINUTES OF THE FEBRUARY 25, 1980, CITY
COUNCIL MEETING. COUNCILMAN OTTO SECONDED THE MOTION. MOTION PASSED 3-0.
4. Open Mike
No one appeared for this item.
5. Brentwood Subdivision Final Plat approval
Mr. Dennis Anderson was present to answer any questions regarding his Brentwood
,t. ''
final plat. The City Administrator indicated a developer's agreement has been
-1
drawn with the stipulation that if the City cannot sell bonds on the bond market
A for the street improvements the developer will put the streets into the develop-
ment in a 2 phase project. The City Administrator further indicated the developer
was in the process of obtaining an easement for the north half of 201st Street.
Councilman Engstrom questioned the use and the size of the outlot. Mr. Dennis
Anderson indicated the outlot was 17 acres and that the plans for the use of the
outlot were dependent on community demands and needs. The City Administrator
indicated that City staff recommended approval of the final plat on the condi-
tion of the developer's agreement and the developer obtaining the easement for
the north half of 201st Street. COUNCILMAN OTTO MOVED APPROVAL OF THE BRENTWOOD
SUBDIVISION FINAL PLAT WITH THE CONDITION OF THE EXECUTION OF A DEVELOPER'S
AGREEMENT AND THE OBTAINING OF THE NORTH HALF OF 201st STREET. COUNCILMAN TOTH
SECONDED THE MOTION. MOTION PASSED 3-0.
6. Street Light Request - 7th and Irving
Mr. Larry Larson, 510 7th Street, submitted a petition signed by 23 residents
of the area requesting a street light at the corner of 7th and Irving. Mayor
Madsen asked if there were street lights at every other intersection and further
indicated it was a state aid street and could see no problem with the installa-
tion of a street light. COUNCILMAN ENGSTROM MOVED APPROVAL OF THE INSTALLATION
OF A STREET LIGHT AT THE CORNER OF 7th AND IRVING. COUNCILMAN TOTH SECONDED THE
MOTION. MOTION PASSED 3-0. 4*rg�',
9 7. Administrator's Update
A. Riverside Bar and Lounge taxes ,� d
The City Administrator indicated he had discussed the situati:„? 'S
payable for 1980 with Mr. Barney Gustafson and Mr. Gustafson ..1 k'`- . ,,:
v-13
• 3. Highway 10 Southeast Sector
The plan calls for highway commercial development along portions of Highway 10 in
the southeast sector of the City (Figure 5-F). This is consistent with the existing C3
zoning designation for these commercial lands.
Sewer and water utilities are not intended for this area. Therefore, all development
will be subject to state and local regulations pertaining to on-site waste disposal. -
The Transportation Plan calls for a frontage along both sides of Highway 10. This will
provide access to and from Highway 10 at a limited number of intersections.
4. Highway 169 North of School Street
The plan calls for commercial development north of Elk Hills Drive along Highway
169 to 197th Avenue. It is the City's objective that such development occurs under the
guidance and control of a Planned Unit Development.
5. Timing
It is the City's position that the marketplace will play a significant role in determining
the timing of development in the designated commercial areas.
• 6. Neighborhood Commercial
The City recognizes a possible need for future neighborhood commercial (small
convenience store) development within outlying areas of the urban service district.
However, exact location for such activity has not been determined.
E. NECESSARY ACTIONS
1. Designation of commercial areas on the City Land Use Plan.
2. Designation of commercial areas on the City's Zoning Map,including Planned Unit
Development where appropriate.
3. Extension of sewer and water utilities to the Waco Street and Highway 10 area.
4. Promotion of the City's commercial areas by the Economic Development Authority.
5. Eliminate unnecessary zones.
6. Extend sewer and water, as needed, to the area east of Highway 169 between Elk
Hills Road and 197th Avenue.
1-71em .54
We, Citizens of Eik River, do hereby petition the Planning
Commission of the City of Elk River to deny the request by
Dennis Anderson to rezone 16.9 acres of Brentwood Development
• property from Ric (Single Family Residential) to C3 (Highway
Commercial-
/ ,
ommercialJt
/ Na -• Address
1////t/ /7 Q,a--- 190/3 Lo&LZ C 5--r- '--) .
.I / ;/ /9029364-&-e_El-t0,4 e---iz.
4:1_, / u -1/-94# , . /ci'o /hfrcr.' �, c
-72_
.i ce c //ct / / r i-i >- f'e
VV(0),((f)y(C-r // ?/ / 9(1(k'a/b • (,O?.
t . r, /x/7'7 / y ��,�e . /-e.
` i -a-.ei //7t 7 - / 9 q it /lit() - L'. e.
• aiit:) 1 i tr '>ce„ U,i r//1/6 i h ;Li,' Nu) e k'.
N (-2,6"-tae-z______ t (G. ( c/ / t Y U 42 .c-- c.-c-, /<,
4.._,,4,...1,... - , L.�+ t - // (,;6, 1( /�r l r� /`_,- ,ti4; Y ' 7.
i // Q StrA-76ielv?- ts r/.
A .ec.� /a 7 / - t .-.-12 .
i A\. 1170 EFE-N n,000 LANE Eg.
i (J-yl 1lam ,t'z q .c. .Cf C., e
i/dcztitoleo 19 ,h ./e
P, 4icitis ter,,:� C,..,at C .
o
y
•
We, Citizens of Elk River, do hereby petition the Planning
Commission of the City of Elk River to deny the request by
Dennis Anderson to rezone 16.9 acres of Brentwood Development
• property from R 1 c (Single Family Residential) to C3 (Highway
Commercial).
Ocdi245)-, -/-17;feei
Name Address
/1775 1964Q,rl-/V �/ eL.kR,,,;-, fN
- -,-;-: -/--;:-TA ---Afuco._ 19 7 C 2- 'FRU(ik)cS t-10 v.) _kkO\ )-12..A.
4111 -11P%- -- /.4, _r / , '9.0-c--- _ L.L.--_—. i .4 EPOCGO-at--
/I if 7 • � l�Q�,--.— 11 5 /� �r� �/�
3e.A__0 ,____ c)4_,tfoLoc„,„ I' /'• 4 .rI g/kX.(j' e"-
. Com, ..- /f740. J 50L/14) i ( Alit(
. / o2L,v.L____ /9'7a3 6 _Ili'v c-F/- 3741 9,A-40-e-i )1-Liki
it •
• 1. _ , 1 I'r A , r, • I ma .. .4>• / ;/l' i'. «'/ ///
1 //14/9 /94/ /L4 ) aAj.
r
mom- 0.1/171/1.0t-e l q 6 c/'( tYi-Le moi,;. , -; �V z 1J1 I
ka I 61 (09�i � 21vi IN'(1- S N�� 21 v
I �
We, Citizens of Elk River, do hereby petition the Planning
Commission of the City of Elk River to deny the request by
Dennis Anderson to rezone 16_9 acres of Brentwood Development
• property from Ric (Single Family Residential) to C3 (Highway
Commercial)_
Name Address
- �►r* '.�
/91/2i e.% / _ ,
I��
ash . ./1 . I 1���' A t r 1 1� t"-=== l cele_
.. . 1 a. - L•
LILL a JCL gq - /2il- ,
1 11 b 2 19x} �-� �, 6tAdzi n4
Ic (/ GSC? - PA/ AVV L) 11 ll
fies-t2.7)-ey&g t/X2) /74' N 404
V'oNei (.A v\
Lt 1q)141 T-cote_,\<
•
We, Citizens of Elk River, do hereby petition the Planning
Commission of the City of Elk River to deny the request by
Dennis Anderson to rezone 16.9 acres of Brentwood Development
•
property from R 1 c (Single Family Residential) to C3 (Highway
Commercial)_
Name Address
frja r.--q7TIA/ / 7147 / �7 /1" kJ.t'd
)Z_(7 . ./ .
, z ./;%f)2 /, ; //-'a //‘,c)
4.-tw
•
ID
We, Citizens of Elk River, do hereby petition the Planning
Commission of the City of Elk River to deny the request by
Dennis Anderson to rezone 16_9 acres of Brentwood Development
• property from R 1 c (Single Family Residential) to C3 (Highway
Commercial)_
Name Address
\M t t ctoS - 198' 14ct-r
//z
•
•
raK I
r Ilk
\Y
LOCATION MAP
LUA 94.05
cry of CASE ZC 94-06
V 11 7-
r •
1Yer P.O. Box 490.13065 Orono Par',:xay • Eik Rver, biN 55330 • (612) 441-7120
LOCATION
r I' ,` --
i
MR i
Mf
b
1�
_All 11-_ —
a t-
zCTr
K
P
MR
FIR
MI
COMPREHENSIVE LAND USE MAP
HR High Density Residential p public
` CB Central Business OS Open Space
HB Highway Business A Agricultural
1 Light Industriai LR Low Density Residential
AI Medium Industrial MR Medium Density Residential
CASE i cd A
verP.O. BON -490 • 13065 Orono Parkway • Elk River, MN 55330 9 (612) 441-7420
of
AgWbakFet Cau.atbn
® Sbglw Fa dt9 ItaatCanUtl
® SkgW F. y R*&Ww W
® SkpM F.WWy MatE.k1Y
T mm F.WWy H.ltln
\/ ® sbaW F.W ty rraW.wW
61z,/s V
ZONING MAP
A2 Two Fanky a efftW
® Etat. tl.atl.wW
® TwW.oaa/MWU* FmkayPwaklenlW
H4 M.4" F.Wy N.aWm
® Na Wt Owabynwnl
CT c. Can.nWdN
RE ottba owbl
Q Mo., COmmrttat
911 uam kWCuakW
22' McN.n bWata41
fR�� SOW W Fo t,
WTI MbWw Tway
0 Ytnanl Ejovsibn
"WM 9y -vs
CASE Z e yy-off
L
•
ver P.O. Box 490.13065 Orono Parkway • Elk River, MN 55330 9 (612) 441-7420