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5.4 e-r --\ ITEM 5.4. tlk y of RiverMEMORANDUM TO: Planning Commission FROM: Steven B. Ach, City Planner .---- DATE: January 23, 1996 SUBJECT: A Rezoning Request by the City of Elk River, Public Hearing Case No. ZC 95-2 Request Rezone the fairgrounds property from R3 (Townhouse/Multiple Family Residential and Rlc (Single Family Residential) to BP (Business Park). Location Northeast corner of the intersection of Joplin and Orono Parkway, Section 32, Township 33, Range 26. Ill Zoning/Land Use R3 (Townhouse/Multiple Family Residential) and Rlc (Single Family Residential) / OS (Open Space). Attachments • Location Map • Zoning Map • Land Use Map • Letter from County Board • Planning Commission Minutes dated 3/28/95 • City Council Minutes dated 2/27/95 • Steering Committee Minutes dated 10/27/94 Background In 1990, a Focus Area Study was completed by B.R.W., Inc. which identified circulation patterns and land use opportunities in four (4) primary areas of Elk River, including the western area of the community. One of the major • land use elements discussed centered on creating a business park, providing 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 0 for development of light manufacturing, office and limited commercial land uses. Curing the latter part of 1993, the Business Park Task Force participated in drafting a business park zoning ordinance, which was presented to the Planning Commission and City Council for consideration. Subsequently, on January 19, 1994, the City Council adopted a Business Park Zoning Ordinance which sets forth the allowable uses and development standards for a business park. This ordinance was a follow-up to the Focus Area Study which recommended the City create a business park ordinance to be implemented in those areas intended for business park. On March 28th, 1995, the Planning Commission tabled a rezoning and land use plan amendment to change the designations on those maps to implement the Business Park zone. The Planning Commission made this recommendation to allow the Steering Committee an opportunity to review the applications as part of the Comprehensive Plan update. Finally, on December 18, 1995, the City Council adopted the revised Comprehensive Land Use Plan. This revised plan included a land use change for the County Fairgrounds property to a LI (Light Industrial) and OS (Open • Space) designation. Analysis The property is being used for the County Fair during the summer months and remains primarily vacant during the remainder of the year. The eastern half of the property is used for parking during softball and other recreational events. The rezoning of the property to Business Park (BP) will not discourage or prevent the property from being used for the purpose of a county fair or parking by those playing softball or other recreational events. According to State Statutes, Section 38.16, page 988, "when lands are owned by a county and used for agricultural fair purposes, the lands and buildings are exempt from the zoning, building, and other ordinances of the municipality." At the current time, there are no plans for future development of this site and the rezoning of this site will be consistent with the property west of Joplin. In order for a rezoning of a parcel of property to be approved, two items must be discovered: • s:\planning\pc\zc95-2.doc • 1) There has been an error in the determination of the current zoning designation. 2) The times and conditions have changed to warrant a new zoning designation. The following are reasons to consider this rezoning application at this time: • To implement the business park concept discussed in the 1990 Focus Area Study and adopted by the City Council. • Amend the zoning map to be consistent with the comprehensive land use plan map. • Establish appropriate zoning designations within the western area in anticipation of development activity as a result of the recent extension of city water and sewer into the western area. • It has been determined that the City has a high percentage of multiple family residential units and by rezoning this property a more balanced land use mix will be achieved. • Recommendation It is recommended that the Planning Commission approve the rezoning request for the fairgrounds property based upon the following conditions: 1. THE BP (BUSINESS PARK) ZONING DESIGNATION AND LI (LIGHT INDUSTRIAL) LAND USE DESIGNATION WILL IMPLEMENT THE CONCEPT OF A BUSINESS PARK AS DISCUSSED IN THE 1990 FOCUS AREA STUDY AND ADOPTED BY THE CITY COUNCIL IN SEPTEMBER OF 1990. 2. THE REZONING TO BP (BUSINESS PARK) WILL PROVIDE FOR CONTINUITY IN THE ZONING MAP AS WELL AS PROVIDE COMPATIBLE DEVELOPMENT UNDER THE BP (BUSINESS PARK) ZONING STANDARDS WITH THE ADJACENT LAND USES. 3. INCREASED DEVELOPMENT INTEREST IN THE WESTERN PART OF THE CITY CONSTITUTES A CHANGE OF CIRCUMSTANCES AND CONDITIONS REQUIRING THAT PROPERTIES IN THIS AREA OF THE CITY BE REZONED TO THE APPROPRIATE ZONING DISTRICTS SO THAT DEVELOPMENT WILL BE COMPATIBLE WITH SURROUNDING DEVELOPMENT. 0 s:\planning\pc\zc95-2.doc • 4. THE REZONING WILL BE CONSISTENT WITH THE COMPREHENSIVE LAND USE DESIGNATION OF LI (LIGHT INDUSTRIAL). 0 0 s:\planning\pc\zc95-2.doc Ve°44.4 ONNikele ••• 00000.0.00.0. *000 04.0.000000.04.0:7TITIWMWMMIIIMMW ...................... 4000.•••:: 5 4 • ••••••• •••••••••••••••••••••. ................. 0400.•. .•..4•.0••.•4••4••.00.••. *O. •••4 •.,...00000 :000 1 • •.••••..•...••.••...aw 0,44 n• s•.4040•.•. • 40.00••• • •• 404.0• .• •40• • j40.••..•.•••• •..••4•••40•••• •••. • • • •4.44••••.••••••••••••44• . ..... . � . ✓ ... •.•4 .4 ••..A•• • •••••.. •44•.•....••• •• 4• ..•4... 0000 ..4 • .4.•.44• .4..•.•4 44. • 000000 0004 .. •. .• _ • 0041••. • • 0400 0040 440 • j .....,... • 4404 4100• .•• r. 000,0.. . ..... ....4 4.... .. . .. ... 0000•.. �.� / •4• ••4.. ....• s! 4000 •..•.....• ;. , //i :� • 44. ••••.4•.•• 4040 - • / . ••• • • •••• •••••.. • •••• ••0•• •0 .40•• i i • •• •• •• ••••• • •+ rRrA400 .0600 •• 6011610111111111111111111111 : % =•�;: Juiiuuu ' •,r• • • • •• ••• •• • • •i .•111111=1.11011111111111111.11.6 • •,.... i • ::•.::; ' • • • •• •• • 4040 • 4040 • • • :: • • 4 • TB _ •• •• 4040 •• ••• ; ' SOFTBALL • • • •• • • • •. .....:::.:1: 441#::::./: S: PAW cm•• • •• •• • r„ 4040 0000 0000 II, ENF) ''4 '...:.:. :::.:':.:'::::::::::•:•::: :::::::::::: tn ::::•::•1 •C°C"ii;IPS:::.: •:•:•:•:•:•. r • ••••••......... ...... ••• ••••••••...... ............ ...::f:*::::: :.*: :::::::::::.':.: :::.:.•. . • . . WILL • GIP :'• {.;.:•:•:;'•:;::•::':':'400'0 }:!:':;:}::00:0'4:•:••:.:•:& • ' .:.•.':- • • PUD ■ INV- :MOMS Wilt'lard 1114111 6 I.." .01, ik Asi midis grzwarzin wr-...-- UV In _ � : rami �� .. MEIii ;iIt -' _ 115 MI 1 iii 11011116___ illtm III mu sin talivi lei ,.. OP a arwiepoWwil0it11e11iria ill - _ .tet _......., 4..? ----\.( LOCATION (-1 ZONING 4 City of , � • MAP11 • Elk River 13065 Orono Parkway • P.O. Box 490 CASE:ZC 9sw...2. Elk River, MN 55330 • LOCATION /,,,,,,:,--, i . ,, • . . . •.. I•,�T $ • PARK w j 40,4arr irH '�� •c4. .: • i LAKE ! Id► I — 1 ..:..,:..............-.i.. •!...*-.1,r ..iiii 11111 i \\ SOFTBAU. °oa _ PARlC t arr .1 MAL S • 'i, ::•:: :•:-:•:•:•:•'-'•:-:::: :•:-:.. .5:•:•:•:•:•:•:•:•:. ' ....0 2 •� j i •'• PAR wAY II •. iii\, ►M.0 t 111 "al s. IN15/6 gy Q 7� iii a J� ��� ' ; v •, A w � %?/72.21- i ;:i r:• al• 41� A P.'.4)� _'74:44 eitiiieritMeirilill9k.k� deft h. r-rt-.... " 11,.. 141.1*.111g3 / �� T LAND USE N City of ,' MAP Elk River 13065 Orono Parkway • P.O. Box 490 CASE: 2C 960-- Elk River. MN 55330 20 MAY l 6 1995 • •L Sherburne County BOARD ©F' May 9, 1995 COMMISSIONERS 13880 Highway 10 P.O. Box 311 Elk River City Council Elk River, MN 55330 P.O. Box 490 241-2700 J 1-800-433-5229 13065 Orono Parkway (Within 612 Area Code) Elk River, MN 55330 Re: Request for Rezoning of the Fairgrounds land and Reimbursement for Mr. Amo's Appraisal. Dear Mayor and Council Members: On April 18, 1995 in the joint meeting between the Sherburne County Board of Commissioners, the Council had asked for the County's input on the rezoning of the lands from R-3 to Business Park. A.second issue on the Fairgrounds is the payment of Mr. Amo's bill for the appraisal on the • Fairgrounds. The County of Sherburne has no objection to the City rezoning this area from R-3 to Business Park. Our only concern is that if the Fair continues to operate in this area that the zone will allow the usage of the same. Further, if the Fair does remain in this area and seeks to upgrade the facilities and usage on the land, that the zone provides for the same. -Second, the County has approved payment for Mr. Amo's appraisal and requests from the City its one-half share (in the sum off11111111111). We appreciate your prompt attention to this matter. Cordially, on Friedl Chairperson Sherburne County Board of Commissioners 11111 11:'.270I CO W L\WPDATA\CORRESPO\0595.W PD District 1 District 2 District 3 District 4 District ;RNE ENG TRO M TERRY NAGOR5i•;1 RAY, 'c_`_ YR ON t.7. JOHNSON 20800 tyleac .'aie FT _1333 - 186th C - 7 _ .._ 020 Couct''R002' . `tree! Ok River. MN 55330 Big Lake. MN 553,: . Planning Commission Minutes Page 6 March 28, 1995 F. THE WELLS LOCATED AT THE JULIUS NEMETH RESIDENCE, THE SCALE HOUSE • AND THE WASH OPERATION, SHALL BE MONITORED ONCE A YEAR FOR DIESEL RANGE ORGANICS (DRO). IF MINING IS TO OCCUR BELOW THE WATER TABLE, THE ABOVE WELLS MUST BE MONITORED FOR DRO PRIOR TO EXCAVATION ACTIVITIES COMMENCING AND AFTER THEIR CESSATION. FURTHER, IN THE EVENT OF A SPILL, APPROPRIATE WATER TESTS WILL BE TAKEN UNTIL THE SPILL IS DEEMED CLEAN. G. GROUNDWATER LEVELS SHALL BE MONITORED IN THE WELLS LOCATED AT THE JULIUS NEMETH RESIDENCE, THE SCALE HOUSE, AND THE WASH OPERATION, PRIOR TO THE START OF WASH OPERATIONS AND AN ADDITIONAL 3 TIMES DURING THE FIRST WEEK OF SAID OPERATION TO PREDICT THE LONG TERM EFFECTS OF THE PUMP OPERATION. THEREAFTER, THE AFOREMENTIONED WELLS SHALL BE TESTED A MINIMUM OF TWICE PER MONTH, SAID FREQUENCY TO BE INCREASED DURING DRY PERIODS. THIS ROUTINE TESTING SHALL ALSO BE DONE FOR THE WATER RECYCLING POND. H. WATER USAGE BY MINING ACTIVITY SHALL NOT ADVERSELY AFFECT ADJACENT RESIDENTIAL WELLS. MITAGATIVE MEASURES MAY INCLUDE, BUT ARE NOT LIMITED TO, CURTAILING OF PUMPING ACTIVITIES UNTIL WATER LEVELS RETURN. I. THE APPROPRIATE STORM WATER PERMIT SHALL BE OBTAINED BY THE OPERATOR FROM MPCA. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 6-0. ID5.2. City of Elk River request for Cornorehensive Land Use Plan Amendment, Public Hearing Case No.:LUA 95-02 (Fairgrounds) COMMISSIONER MINTON MOVED TO TABLE THIS REQUEST UNTIL A RECOMMENDATION HAS BEEN RECEIVED FROM THE STEERING COMMITTEE TO UPDATE THE COMPREHENSIVE PLAN REGARDING INDUSTRIAL ZONED PROPERTY IN THE CITY. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.3. City of Elk River Request for Zone Change, PublicHearing Case''No. ZC 95-02'' _(Fairgrounds) COMMISSIONER MINTON MOVED TO TABLE THIS REQUEST UNTIL A RECOMMENDATION HAS BEEN RECEIVED FROM THE STEERING COMMITTEE TO UPDATE THE COMPREHENSIVE PLAN. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 6-0. ............. .................................. . 5.4. City of Elk River Request for Code Amendment, Public Hearing Case No. OA 95-03 jZero'Lot Line Development) COMMISSIONER TACHENY MOVED THAT THIS ITEM BE CONTINUED TO THE APRIL 25TH PLANNING COMMISSION MEETING. COMMISSIONER SULLIVAN-SLOCUM SECONDED THE MOTION. THE MOTION CARRIED 6-0. i Elk River City Council Minutes Page 3 February 27, 1995 • on 1/30/95. At this time, the Park and Recreation Commission is recommending no development of youth athletic fields in Lion's Park. COUNCILMEMBER SCHEEL MOVED TO ACCEPT THE PARK AND RECREATION COMMISSION RECOMMENDATION THAT NO YOUTH FIELDS BE DEVELOPED IN LION'S PARK AT THIS TIME AND TO REQUEST A SCHEDULE FOR IMPROVEMENTS IN LION'S PARK FROM THE LION'S CLUB. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Dietz opposed. 5.10. Consider Meeting Date for Continued CIP Worksession COUNCILMEMBER HOLMGREN MOVED TO CALL A SPECIAL CITY COUNCIL MEETING - WORKSESSION FOR MARCH 13, 1995, FOLLOWING THE EDA MEETING TO REVIEW THE CITY COMPARABLE WORTH PLAN. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO CALL A SPECIAL CITY COUNCIL MEETING FOR TUESDAY, APRIL 18, 1995, AT 6:00 P.M., AT THE ELK RIVER CITY HALL, FOR THE PURPOSE OF MEETING WITH THE COUNTY BOARD. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER SCHEEL MOVED TO CALL A SPECIAL CITY COUNCIL MEETING - WORKSESSION FOR APRIL 10, 1995, AT 7:30 P.M., FOLLOWING THE EDA MEETING, FOR THE PURPOSE OF MEETING WITH THE PARK AND RECREATION COMMISSION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. • It was also noted that on April 3, 1995, the City Council will be meeting in joint session with the School Board. This meeting is at 6:00 p.m., at City Hall. It was noted that Councilmember Farber and, most likely, Ccuncilmember Dietz will not be available for the March 27, 1995, City Council meeting. The City Administrator indicated that if possible, he would try to schedule agenda items so that the meeting may be canceled. The Council requested to use the April 24, 1995, meeting as a CIP Worksession. 8. Other Business 8.1. Boy Scout Proiect Update The Mayor acknowledged the "Thank You" from the Boy Scouts for the City's help in the recent storage shed project. 8.2. CIP Worksession Update The Mayor shared with the Council his ideas on how the City may want to spend TIF money from Districts No. 1 and No. 3 and No. 4. 8.3. Update on Fairgrounds Rezoning • The Mayor indicated that based on discussions with some County representatives and the comments from the Steering Committee, he believes that the Planning Elk River City Council Minutes Page 4 February 27, 1995 Commission should consider rezoning the section of the fairgrounds that is R3 to Business Park. COUNCILMEMBER FARBER MOVED TO HAVE THE PLANNING COMMISSION REVIEW A REQUEST TO HAVE THE FAIRGROUNDS PROPERTY THAT IS CURRENTLY ZONED R3 CHANGED TO A B-P ZONING DISTRICT AND AMEND THE LAND USE PLAN FROM HR TO LI. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The City Council recessed at 6:52 p.m. and reconvened 7:02 p.m. 6. Open Mike Pastor Matthews, Solid Rock Church, explained to the City Council the church's desire to hold a tent revival meeting in Elk River. Currently, the City ordinance does not allow this activity. It was the consensus of the City Council to have the Planning Commission review the City ordinance regarding this issue. 7.1. Greenhouse Request by Plant Place, Inc. Planning Assistant Gary Schmitz provided the background information on this request to have a temporary green house in the Fresh Value Foods parking lot. COUNCILMEMBER FARBER MOVED TO APPROVE THE REQUEST FROM PLANT PLACE, • INC., TO HAVE A TEMPORARY GREEN HOUSE IN THE FRESH VALUE FOODS PARKING LOT WITH THE FOLLOWING CONDITIONS: 1. IF TRAFFIC BECOMES A PROBLEM AROUND THE SITE, THE SALES AREA SHOULD BE DELINEATED WITH SOME TYPE OF BARRIER TO RESTRICT PEDESTRIAN TRAFFIC. 2. THE GREENHOUSE MUST BE KEPT IN GOOD CONDITION THROUGHOUT THE TIME IT IS ERECTED. 3. LOCATION OF THE GREENHOUSE BE CONSISTENT WITH THE SITE PLAN. 4. AN ANNUAL REVIEW BE CONDUCTED BY THE CITY COUNCIL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.2. Consider Conditional Use Permit Request by Anthony Froland, Public Hearing, Case No. CU 94-38 7.3. Consider Variance Request by Anthony Froland, Public Hearing, Case No. V 94-17 Planning Intern Troy Langer provided the background information on this request. The request related to a variance from the size requirement of an accessory structure and a CUP to construct an accessory structure within the floodway district of a river or stream. . Mayor Duitsman opened the public hearing. There being on one for or against the matter, Mayor Duitsman closed the public hearing. Steering Committee Minutes Page 5 October 27, 1994 • Area #2 � ,. . _ This property is currently occupied by the County Fairgrounds and is zoned R3 (townhouse-multi-family). Discussion followed regarding the possibility of rezoning the property, since there already is an adequate amount of multi-family property in the City. Options discussed included business park and low density townhouse type zone. Mike Heinecke suggested that the Committee consider a separate zone for twin omes, separate from the multi-family zoning. Area #4 This property is located in the extreme west Highway 10 area, presently zoned commercial. Dick Hinkle stated that it was his opinion that the commercial zoning designation is the best use for the property. Sheldon Vie, resident of Otsego, stated that he was the owner of the property in question. He explained that the property is primarily a sand hill, with an elevation approximately 10 feet higher than Highway 10. He stated that he is in favor of leaving the property with its present commercial zoning. Steve Ach suggested that if this area remains commercial the frontage road from • the east should be coordinated with a frontage road to the west of Waco. Marty Clines stated that he felt the area where Mary McDivitt's home is located (south of Highway 10, near the Dairy Queen) would be a prime commercial area. 8. Other Business Hank Duitsman explained that the City is in the process of obtaining a use permit from Mn/DOT to place a veteran's memorial on the triangular piece of property across from the Dairy Queen. 9. Next Meeting The next meeting of the Steering Committee will be Thursday, December 1, 1994 at 6:30 p.m. to discuss the Central Planning Area. 10. There being no further business, PAT DWYER MOVED TO ADJOURN THE MEETING. HANK DUITSMAN SECONDED THE MOTION. THE MOTION CARRIED 11-0. The meeting of the Elk River Steering Committee adjourned at approximately 8:30 p.m.zRes ectfully submitted, SAA) • Debbie Kleckner Recording Secretary