5.4 & 5.5 PCSR 11-22-1994 • 17th, the City Council supported the Planning Commission's
recommendation and approved Ordinance No. 94- , rezoning the subject
property to Business Park.
At the same time the application to rezone the affected properties to Business
Park was being processed, Country Ridge Partnership was also requesting
that a portion of their property be considered as C3 (Highway Commercial).
At the City Council meeting on October 17th, the Council indicated that they
were not opposed to commercial, however, were concerned about where and
how big the commercial would be. It was further explained to the City
Council that under the Business Park Zoning Ordinance, a certain amount of
commercial is allowed which, to a certain extent may satisfy Country Ridge
Partnership's commercial needs for the area. However, Jay Johnson of
Country Ridge Partnership indicated that some of the standards and limiting
uses in the Business Park presented a concern.
Therefore, as a follow-up to the action just taken by the City Council,
Country Ridge Partnership is proceeding forward with a formal application
requested the City's consideration to rezone a portion of their property from
the current zoning designation of BP (Business Park) to C3 (Highway
Commercial). Along with that rezoning request comes a Comprehensive
• Land Use Plan amendment which would change the land use designation
from its current status of LI (Light Industrial) to HB (Highway Business).
ANALYSIS
As mentioned earlier, the existing zoning of Business Park does allow a
certain amount of commercial activity. The allowable commercial is intended
to complement the Business Park uses by providing service-type retail. This
retail development could also serve those same opportunities to the
surrounding residential area. Therefore, it has always been anticipated that
there will be a certain amount of commercial activity focused toward the
intersection of Highway 10 and Joplin to provide those intended services for
the area. Without question, the main issue regarding the retail element of
the Business Park zone is to allow enough retail to complement the Business
Park, yet remain secondary to the overall idea of the Business Park.
The rezoning request by Country Ridge Partnership involves approximately
13 acres of which a majority is fronting along Highway 10. The balance of
the property was included in the recent rezoning to Business Park and would
have the opportunity to be developed under those current standards. Some of
the concerns that staff has with the request to rezone to C3 (Highway
. Commercial) are:
• 1. The C3 is the most intensive commercial district and allows a wide
variety of commercial activity, some of which may not fit within the
concept of a business park. For example, the C3 permits uses such as
car and RV sales, auto repair shops, truck terminals, and equipment
rental.
2. The proposed area to be rezoned to commercial isolates the remaining
business park area from the balance of the business park further to the
west. The intention of the business park was to provide a contiguous
office park concept, whereby businesses would be able to interact and
not be physically separated from one another. Under the proposed
scenario it appears as though the 15 acres left for business park would
either have to access onto 183rd (which is not designed for industrial
traffic) or onto Joplin Street.
3. By encouraging traffic onto 183rd, it becomes more difficult to
establish an appropriate landscaped buffer between the residential
and the business park areas.
4. The amount of commercial may have to be reduced and/or reconfigured
Ili away from Highway 10 to allow the business park a contiguous flow to
the west.
5. Rather than rezoning a certain amount of property to C3 (Highway
Commercial), it would be recommended that the Planning Commission
and City Council consider accomplishing the commercial goals of the
property owner by implementing the business park standards. If the
business park standards need to be amended to accommodate more
flexibility in commercial development opportunities, an ordinance
amendment could be initiated to resolve these differences as opposed to
rezoning the property to C3.
In summary, it is likely that there will be some commercial activity in the
vicinity of the intersection of Highway 10 and Joplin, however, staff would
recommend that the commercial development be done in accordance with the
business park zoning standards.
•
• RECOMMENDATION
It is recommended that the Planning Commission support the business park
concept and encourage commercial development in accordance with the
business park standards. Furthermore, if there are certain sections of the
business park zoning ordinance which need to be amended, this action should
be considered in place of an actual rezoning of the property. Therefore, it is
recommended that the Planning Commission recommend to the City Council
denial of the following:
A. Amendment to the Comprehensive Land Use Plan
changing approximately 13 acres from LI (Light Industrial) to
HB (Highway Business) based on the following:
1. The current land use designation of LI (Light
Industrial) allows for the implementation of the current
zoning designation of BP (Business Park) which permits
as a Conditional Use Permit retail sales that would
complement the business park area. Therefore, rezoning
is not necessary to accomplish the commercial desires of
• the applicant.
2. The City has identified a need to preserve property
for industrial development and by amending the
Comprehensive Land Use Plan Map to Highway
Business, this would only eliminate industrial land use
from the City's inventory.
B. Rezoning of approximately 13 acres from BP (Business
Park) to C3 (Highway Commercial) based on the following:
1. The times and conditions have not changed enough
to warrant a rezoning at this point in time.
2. The current Business Park Zoning Ordinance
allows for a certain amount of commercial activity;
therefore, the rezoning would be inconsistent with the
standards and concept of a business park.
3. The Planning Commission and City Council have
both recommended approving a rezoning of the subject
property to a Business Park Zoning District which is
• consistent with the Comprehensive Land Use Plan Map;
• therefore, there are no errors or conflicts between any of
the identified maps.
4. The uses allowed in the C3 zoning district include a
wide variety in which some uses would not be compatible
•
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0 DRAFT CITY COUNCIL MINUTES
OCTOBER 17, 1994
7.9. Consider a Rezoning Request by the City of Elk River, Public Hearing, Case No. ZC
94-10
City Planner Steve Ach indicated that the City is requesting to rezone
approximately 150 acres from PUD (Planned Unit Development) and C2 (Office
District) to BP (Business Park). He explained that on September 19, the City
Council continued discussion on this item to allow Country Ridge Partnership an
opportunity to submit a plan to the City illustrating how they would like their
property developed. He indicated that their property is included in the City's
proposed rezoning to BP. Mr. Ach indicated that Country Ridge Partnership has
submitted a plan showing their preference in zoning the property. The Council
reviewed the plan which shows 13 acres along Highway 10 zoned as C-3
(Highway Commercial) and the remaining 15 acres zoned as Business Park. Steve
Ach indicated that following review of the plan, staff is recommending that the
entire area be rezoned to business park.
Mayor Duitsman opened the public hearing.
Jay Johnson of Country Ridge Partnership, indicated that Country Ridge
Partnership prefers that a portion of their property be zoned C-3. He indicated
• that there are differences between the BP and C-3 zoning. He stated that C-3
zoning would allow them more flexibility in uses. He explained that many uses
such as retail shops and convenience stores are allowed only by conditional use
permits in a BP zone. He also explained that the minimum lot size in a C-3 zone is
one-half acre less than in a BP zone. He requested the Council to act on the BP
zone change as proposed by Country Ridge Partnership or to table the issue until
the proposal is reviewed by the Planning Commission.
There being no further comments, Mayor Duitsman closed the public hearing.
Councilmember Dietz indicated that the design proposed by Country Ridge
Partnership leaves no access to the Business Park zone off of Highway 10.
Councilmember Dietz indicated that allowing Country Ridge Partnership to zone
part of the proposed BP land to another zoning could set a precedent. He
indicated that other land owners may have the same request and the City could
eventually lose most of its BP land.
Councilmember Scheel indicated she saw no difference between the request by
Country Ridge Partnership to rezone its property from a previous rezoning request
made by Riverside Development. She indicated that because the property was
owned by Country Ridge Partnership, they should be able to zone it as they felt
appropriate.
Discussion was held by the Council regarding the fact that if the Council rezones
the entire parcel to BP, the option to rezone a portion of the property to
• commercial at a later date would still be open to Country Ridge Partnership.
• City Planner Steve Ach indicated that another option to rezoning property to C-3
may be to review the BP standards and consider appropriate amendments to
allow the necessary flexibility.
Mayor Duitsman indicated that he had no problem with trying to change the
business park concept or the uses allowed in the zone.
Councilmember Holmgren indicated that it was the opinion of a professional
planner that there should be some commercial in the western area of the City.
He indicated that he feels the purpose of the Business Park zone is to prevent
large mall-type developments.
Steve Ach indicated that staff would consider looking at possible modifications to
the text of the Business park Zone to allow for the flexibility of commercial uses.
COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 94-16, AN ORDINANCE
AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY
FROM PUD (PLANNED UNIT DEVELOPMENT) AND C2 (OFFICE DISTRICT) TO BP
(BUSINESS PARK) - CASE NO. ZC 94-10. COUNCILMEMBER HOLMGREN SECONDED
THE MOTION. THE MOTION CARRIED 4-0-1. COUNCILMEMBER SCHEEL ABSTAINED.
7.10. Consider Applications as a follow up to rezoning to business park
COUNCILMEMBER FARBER MOVED THE FOLLOWING:
• 1. AMEND THE LAND USE PLAN FROM HB (HIGHWAY BUSINESS TO LI (LIGHT
INDUSTRIAL) TO BE CONSISTENT WITH THE BP (BUSINESS PARK) ZONING
DESIGNATION.
2. AMEND THE LAND USE PLAN FROM LI (LIGHT INDUSTRIAL) TO MR (MEDIUM
DENSITY RESIDENTIAL)TO BE CONSISTENT WITH THE ZONING MAP.
3. AMEND THE LAND USE PLAN DESIGNATION FROM P (PUBLIC) TO LI (LIGHT
INDUSTRIAL) TO BE CONSISTENT WITH THE BP (BUSINESS PARK) ZONING
DESIGNATION.
4. AMEND THE LAND USE PLAN MAP TO A MR (MEDIUM DENSITY RESIDENTIAL)
LAND USE DESIGNATION TO BE CONSISTENT WITH THE BP (BUSINESS PARK)
ZONING DESIGNATION AND COUNTRY RIDGE PARTNERSHIP'S PROPOSAL FOR
TOWNHOMES.
5. REZONE AREA FROM PUD (PLANNED UNIT DEVELOPMENT) TO R1C (SINGLE
FAMILY RESIDENTIAL) TO BE CONSISTENT WITH THE COMPREHENSIVE LAND
USE PLAN MAP.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
•
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River
ITEMS 5.4 & 5.5.
TO: PLANNING COMMISSION
FROM: STEVEN B. ACH, CITY PLANNER -
ZZ -
DATE: NOVEMBER 22, 1994
SUBJECT: COUNTRY RIDGE PARTNERSHIP'S
LAND USE PLAN AMENDMENT AND
REZONING APPLICATION
Staff has met with Country Ridge Partnership on a couple occasions to
discuss land use options and development scenarios for their property at the
southwest corner of Joplin and Highway 10. The discussions have included
development scenarios under the business park zoning district and not
including any C3 (Highway Business) zoning. As of Thursday of last week, it
appeared as though Country Ridge Partnership was satisfied with some
concepts prepared by staff that allowed approximately 7 to 9 acres of
commercial under the business park zoning district standards.
As a result of these discussions and, hopefully, an agreeable plan with the
developers, the applications for the comprehensive land use plan amendment
and rezoning may be withdrawn. Therefore, don't be surprised at Tuesday's
night's meeting if I inform the Commission that these applications have been
withdrawn.
In closing, the last few meetings we've had with Country Ridge Partnership
have been very positive and promising for the concept of the business park.
All of this has been possible with the support of the Planning Commission's
vision and desire to see a quality business park developed in the western part
of the community.
P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 55330 9 (612) 441-7420 • Fax: (612) 441-7425
'ity of
ilk River T
FROM:
DATE:
ITEMS 5.4. & 5.5.
MEMORANDUM
PLANNING COMMISSION
STEVEN B. ACH
NOVEMBER 22, 1994
SUBJECT: A. COMPREHENSIVE LAND USE
PLAN AMENDMENT REQUEST BY
COUNTRY RIDGE PARTNERSHIP -
PUBLIC HEARING, CASE NO. LUA 94-8
B. REZONING REQUEST BY
COUNTRY RIDGE PARTNERSHIP -
PUBLIC HEARING, CASE NO. ZC 94-13
REQUESTED ACTION
A. Comprehensive Land Use Plan Amendment changing approximately 13
acres from LI (Light Industrial) to HB (Highway Business).
B. Rezoning of approximately 13 acres from BP (Business Park) to C3
(Highway Commercial).
LOCATION
The southwest corner of U.S. Highway 10 and the proposed Joplin Street
alignment.
Zoning Map, Land Use Plan Map, map illustrating proposed zoning and land
use boundary, minutes from the October 17th City Council meeting.
BACKGROUND
Two months ago the Planning Commission reviewed an application which
was initiated by the City of Elk River to rezone approximately 150 acres
along U.S. Highway 10 to Business Park. The Planning Commission at that
time forwarded a recommendation to the City Council to approve the
Business Park zone over the entire 150+ acres. Subsequently, on October
P.O. Box 490 0 13065 Orono Parkway • Elk River, MN 55330 0 (612) 441-7420 • Fax: (612) 441-7425