5.5, 5.6 PCSR 05-23-1995 ��r *�
( ITEM 5.5. 5.6.
Oity of
Elk/
MEMORANDUM
River
TO: Planning Commission
6-4FROM: Gary Schmitz, Planning Assistant
DATE: May 23, 1995
SUBJECT: Land Use Amendment and Zone Change
Request by Elk River Order of Eagles
and River Valley Lumber, Inc., Public
Hearing Case No. LUA 95-5 and ZC 95-5
Request
The Elk River Order of Eagles and River Valley Lumber, Inc. area requesting
a land use amendment from L-I (Light Industrial) to HB (Highway Business),
and a zone change from I-1 (Light Industrial) to C3 (Highway Commercial).
IILocation
The triangular-shaped subject property is generally described as bounded on
the north by 4th Street, on the east by Jackson Avenue, and the south by the
Burlington Northern Railroad tracks.
Zoning/Land Use
I-1 (Light Industrial) / L-I (Light Industrial) and CB (Central Business)
Attachments
• Location Map
• Zoning Map
• Land Use Map
• Site Plan
Background
The Elk River Order of Eagles and River Valley Lumber, Inc. are requesting
a land use amendment from L-I (Light Industrial) to HB (Highway Business)
• and a zone change from I-1 (Light Industrial) to C3 (Highway Commercial)
for a 4 acre land area comprised of the two previously mentioned businesses.
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
• In addition, the City is proposing to rezone approximately 1 acre consisting of
a few smaller users in an effort to have a commercial zoning designation for
the overall area. The application is triggered by the Eagles Club proposed
expansion plans. Fraternal organizations are currently a nonconforming use
in the light industrial zoning district. In order for the Eagles Club to expand,
a rezoning was required. If the proposal is approved, the Eagles Club and
River Valley Lumber have plans to expand their property and redevelop a
portion of the site.
Existing Zoning/Land Use
The area being considered for the rezoning and land use amendment is a
triangular-shaped parcel approximately 5 acres in size and consists of the
following uses: Fraternal club, lumber yard, feed store, cabinet shop, paint
store, book store and two single family homes. With the exception of the
lumber yard and the cabinet shop, all of the uses are nonconforming in the I-
1 (Light Industrial) zoning district.
The area surrounding the subject site consists of a wide variety of uses.
North of the area along 4th Street, uses consist of the Elk River Fire Station,
Adam's Furniture Store, a bus garage and Elk River Machine. To the south,
• the property is bordered by the railroad tracks and the City parking lot which
borders Highway 10. To east along Jackson Avenue, the area consists of
general office uses and a convenience store.
Proposed Land Use/Zoning
The property is proposed to be rezoned to C3 (Highway Commercial). The
statement of purpose for the C3 zoning district is as follows:
"The purpose of the C3 (Highway Commercial) district is to recognize
the need for commercial establishments on or serving with immediate
access to major highways. Permitted land uses should take advantage
of the highway access in a manner which other business districts are
not afforded. In addition to retail and commercial uses, quasi-
industrial and wholesale enterprises that do not meet an industrial
setting and have considerable customer contact are acceptable in the
Highway Commercial district."
Although these properties do not have direct access to Highway 10, the only
separation between the property and the highway is the Burlington Northern
Railroad. Therefore, the property does enjoy visibility from this major
• arterial, but the access is limited to Jackson Avenue. The proposal would
allow an extension of the current C3 zoning south of the railroad tracks and
s:planning:pc:1ua95-5
• it would ease the transition between the current C3 property along Highway
10 and the C-1 (Central Commercial) property near 4th Street and Jackson
Avenue. The comprehensive land use map does show that a portion of this
site near Jackson Avenue is guided for a Central Business. Therefore, the
zone change and land us amendment would be a reflection of this proposed
land use and be consistent with the comprehensive plan.
Zone Change
In order to approve a rezoning or land use amendment, one of two findings
must be made:
1. There is an error in the original zoning and land use map.
2. Times and conditions have changed to warrant the rezoning.
Staff believes that both findings can be met. All of the uses with the
exception of the lumber yard and cabinet shop would be conforming uses in
the C3 (Highway Commercial) zoning district, either as a conditional use or
permitted use. It should be noted that an ordinance amendment allowing
lumber yards as a conditional use in the C3 zoning district is also scheduled
for this agenda. The current industrial zoning and land use is not as
• appropriate as a commercial zoning designation and land use in this
particular area for a number of reasons. Typically, industrial users are not
reliant on good highway visibility; rather, access to transportation routes is
important. Although this site has good access to Highway 10 which meets
industrial needs, the benefits of this property's visibility from Highway 10
may be better utilized for commercial uses.
Another benefit to the City in rezoning this property to C3 (Highway
Commercial) is that the uses in a C3 zoning district are generally cleaner,
with less outdoor storage and thus would aid in providing a positive image for
the community at the major intersection of Jackson Avenue and Highway 10.
If the rezoning and land use amendment are approved, the Eagles Club and
River Valley Lumber are proposing to expand. The expansion plans would
require a conditional use permit, and at that time the City would be allowed
to examine ways to bring this site into greater compliance with the City's
standards in terms of landscaping, screening, parking, etc.
Highway Business Land Use
The applicants are proposing that the land use for this area be changed from
LI (Light Industrial) and CB (Central Business) to HB (Highway Business).
• Currently the land use is CB (Central Business) over the area east of King
Avenue which would include the lumber yard, feed store, book store and
s:planning:pc:1ua95-5
• paint store. The area west of King Avenue which consists of the Eagles Club
and the cabinet shop has an underlying land use of LI (Light Industrial).
Staff is proposing that the land use amendment only consist of changing the
area west of King Avenue from LI (Light Industrial) to CB (Central Business)
and leave the area east of King Avenue as CB (Central Business). The
reason for this request is as follows:
• By changing only the area with an underlying land use of Light
Industrial will provide for a consistent land use over the entire
downtown area without any pockets of Highway Business land use.
• The actual use of the property is guided by the zoning district
which is proposed to be C-3 (Highway Commercial). The zoning of
the property is what will facilitate the expansion and improvements
of this area, not the land use.
• The underlying land use is still proposed to be commercial;
therefore, the proposed zoning of C-3 (Highway Commercial) is
consistent with that designation.
Recommendation
IIIIt is recommended that the Planning Commission recommend the following:
A. Approval of the land use plan amendment from L-I (Light Industrial)
to CB (Central Business) and approving the rezoning from I-1 (Light
Industrial) to C3 (Highway Commercial) based on the following:
1. The change in land use and zoning will not have a detrimental
affect on surrounding properties since it is not anticipated the
existing businesses will be leaving.
2. The proposed rezoning and land use amendment would provide
a smooth transition of land use from the Highway 10 corridor to
the PUD and Cl zoning designation along Jackson Avenue.
3. Approximately half of the parcel is guided for a commercial use;
therefore, this proposal is not inconsistent with the
comprehensive plan.
4. Times and conditions have changed to warrant a change in the
land use and zoning from industrial to commercial.
•
s:planning:pc:1ua95-5
• 5. The rezoning will allow the existing businesses to expand and
make improvements to their property which will contribute to
the aesthetic and economic vitality to downtown.
•
•
s:planning:pc:1ua95-5
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CASE: ZC 95-05 "\-______
LUA 95-05 ` -
•
CITY OF ELK 3EZ7VER
NOTICE OF PUBLIC HEARING-
The Elk River Planning Commission will conduct a public hearing on Tuesday, May
23, 1995, at 7 p.m., at the Elk River City Hall, 13065 Orono Parkway, to consider a
request by Elk River Order of Eagles/River Valley Lumber, Inc. for the following:
(1) An amendment to the Land Use Map from LI (Light Industrial) to HB
(Highway Business). (Case No. LUA 95-5)
(2) A Zone Change from I-1 (Light Industrial) to C3 (Highway Commercial)
(Case No. ZC 95-05)
The Elk River City Council will also conduct a public hearing concerning this matter
Monday, June 19, 1995, at 7 p.m., at City Hall.
Legal description of the subject property is:
1110
All or portions of Lots 1, 2, 5, 8, Block 10; and Lots 2 and 3, Block 9, Village
of Elk River, Sherburne County, MN. (A complete legal description is
available at City Hall). The subject property is generally described as
bounded on the north by 5th Street, on the east by Jackson Avenue, and on
the south by the Burlington Railroad tracks.
As part of the review process for requests of this nature, we attempt to notify all
property owners at least 350 feet in distance from the subject property. The tax
records from the Sherburne County Auditor's Office indicate that you own property
within or near the 350 foot requirement.
All interested persons are invited to attend the public hearing to express their
questions and/or comments. Hearing impaired persons planning to attend who need
an interpreter or other persons with disabilities who require auxiliary aids should
contact Sandy Thackeray, City Clerk, at 441-7420 by May 18, 1995. If you would
like information regarding the above-described public hearing notice, please call Elk
River City Hall at 441-4902.
Steven B. Ach
City Planner •
s:planning:phnlua-5
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DATE: MAY 12, 1995
TO: ELK RIVER PLANNING COMMISSION
ELK RIVER CITY COUNCIL
FROM: RIVER VALLEY LUMBER CO. , INC.
CASE NO. 0A92-2 PROPOSED AMENDMENT TO CHANGE ZONING ORDINANCE SECTION
900-12-(12) (C) TO ADD LUMBER YARDS AS CONDITIONAL USES IN THE C-3 1
ZONING DISTRICT.
RIVER VALLEY LUMBER CO. HAS OPERATED A WHOLESALE RETAIL LUMBER AND
BUILDING SUPPLY FOR 75 YEARS.
;• WE SUPPORT THE CHANGE FOR OUR BUSINESS TO THE CLASSIFICATION OF A
COMMERCIAL C-3 ZONING.
RIVER VALLEY LUMBER CO.
728 RAILROAD DRIVE
ELK RIVER, MN
DATE 57)37 15 SIG
MAY-08-95 MON 11 43 BRET OLSETH & CIRCLE C FAX NO, 6129300949 P. 01
05/05/1995 17:03 16124410795 uur ru i cm aM«.A ......-...-
10
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)ArE: tsAY 3. 1995
10; I^l !< ':VER PLANNING CG'r1MIS5i()4 FAX "Ivo is I T Y COUNCIL
1.RUM: RTV R VALLEY LUMBER, INC.
ELK R,[VER EAGLES CLUB
RE: 8EZONE PROPERTY 1:ROM INDUSTRIAL TO COMMERCIAL C-3
THE FOLLOWING PROPERTIES LOCATED WHIN A 350' AFFA OF PETITIW RS
APPROVE HE 7 TIIO J C °< 2C F TO CCME`'CIA'_ C-3• ;') ?etil
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