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5.5 Pk? { ITEM 5.5. ( tI'ty of � lkNRiver MEMORANDUM TO: Planning Commission • FROM: Steven B. Ach, City Planner DATE: January 23, 1996 SUBJECT: Rezoning for the City of Elk River, Public Hearing Case No. ZC 95-6 Request The City of Elk River is requesting a rezoning of approximately one acre from Ric (Single Family Residential) to C3 (Highway Commercial). Location The property is located at the northwest corner of Highway 169 and 193rd Avenue. Zoning/Land Use Ric (Single Family Residential) / MR (Medium Density Residential) • Attachments • Location Map • Zoning Map • Concept Plat • Planning Commission dated August 22, 1995 Overview The rezoning application involves approximately 1-1/2 acres of a 3 acre parcel at the northwest corner of Highway 169 and 193rd Avenue, and is also bordered on the west by Holt Avenue. The property extends north of 193rd along Highway 169 to approximately the 194th alignment. The property is a triangular-shaped parcel which is not conducive to full development, given the narrowness of the parcel at the north end along with the existing mature • pine trees and existing utilities. However, the site does have approximately 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 • 1-1/2 acres immediately at the corner of Highway 169 and 193rd for potential development opportunity. The subject property is surrounded by the following land uses: North - vacant/residential zoned property West - residential homes/vacant property East - Highway 169 and commercial development (Hillside Crossing) South - Jackson/193rd and commercial development (Elk Park Center) The area requested to be rezoned covers the southern half of the 3 acre parcel. This southern half is buffered on the north by a stand of mature pin trees. This natural buffer will provide a logical separation between the existing single family homes and any commercial development which may occur on the property. Comprehensive Plan Amendment and Rezoning The Steering Committee has recently discussed the extension of commercial development north along Highway 169. The Committee has recommended that commercial development be extended north along Highway 169 to • approximately 194th alignment which would include the City property at the northwest corner of 193rd and Highway 169. The proposed land use plan amendment and rezoning request would allow for commercial development under the C3 standards. The C3 zoning district is the City's most intensive commercial district and is consistent with the existing commercial found along Highway 169. Although the rezoning to C3 would allow for a variety of possible uses, some of which may not be fully compatible with the residential to the west, however, the City, as property owner, can control the type of use. This "control" can respect the needs of the neighborhood to the west and meet the community's needs for commercial opportunities. Recommendation It is recommended the Planning Commission recommend approval of the rezoning of approximately 1-1/2 acres at the northwest corner of Highway 169 and 193rd from Rlc (Single Family Residential) to C3 (Highway Commercial) based on the following findings: 1. The times and conditions have changed to warrant the new zoning designation to allow for commercial development at • the intersection of Highway 169 and 193rd. s:\planning\pc\zc95-6.doc • 2. The rezoning will be consistent with the recommendations from the Steering Committee to extend commercial development north along the west side of Highway 169. 3. The rezoning will be a logical and continuous extension of the existing commercial along the west side of Highway 169. 4. The rezoning to commercial can be supported by the availability of water and sewer to the south and the existing transportation system. 5. The rezoning will be consistent with the Comprehensive Land Use Plan designation of HB (Highway Business). • • s:\planning\pc\zc95-6.doc . . • • • 1 .-:T'. .:;:-.1'.---/_7,._ r-\--,' -. OCATION ..,„\7-, ----;-1,-4-1" -/,'.:.., . n°r . PUD al .--/----.;- is,. Ilk isi" ' W NLtlis...._ Rte iz 1 4110/'o eitilAalliall ilr- lb* !' :, z' ii° VA LI z 4a,*. ' , 701 MU cc! arrigashipi, x , 5 ®; • ;Ii > •P„ al;; a;AIRS oscIN h EV■`4� �0o SIMS '3 a ��i,t; fa ram # -- - , __. _. IntdonnFwry Ilo ?oo---\f ,; R2�I 1 �L �� 0' gis gip ,, , 'A_V Cf DE. 22 1 22 a 5 �� 1. uNoR � � -luAtz ' �r :i�, 2 Sp 1TF�EpFN,q >1 �iIt�, limp o 110...A 111/011111 1 „ %2 1, li. IS ;. 4 111111 z • L.-..,': on% P.P*45-;- sv,*,- 44 VIRWRINIni 0 -------"• ---1-i la \\''.\I* Mika l'&*44 kiev*!. ii IZEMEIM �� 1,7cir. PARA ivta 10�, AVS �,, \,\\a�+� do ��lir ? � IC J � II�,� ..2c:: �N �►�; m®IIA . 'ilt• c iIgi Donor A .41 igq lirdm 1 2b P_��LL77r141551,• LTJ i T • �, \\ 5 AlliM.. FAEROE ELK FINER AREA LJFFCOLN ' t \',\`1,, E ���� SOSOOL mot mica_ f1E]Q(T C .. `1`� F g . _ PARKER A \,. NW Sao FH NI C] 1;1`1,'11 Aio gall © scHoo, STREET e u s I S t Ff�ti. is v i ;aaiL LION,S� I I _ m a wimaa 183 7P' Rl l'Z.R \'p '1 itt L' rill) N. \�' 7.91110."7-..- : •• 471Y iZ ZONING MAP ._ • . -,( ),/ cryo f �a • ---z'- ZC 95-6 Elkrizi ><Cr•,Sc�%e - • �- r •_ P.O. 3ox 4.0 • I��!, , nom.,.,,. �..-•-- -•• -- • 0 • 4 a Allipr . ..4. ,,,), / tr �-L /' ..... am aT - s ' I. . 4111 w 3 , � .lLOCATION�, 1 �:. ; . • ..., 0 pr <?, _ fair... • s ...,r , �.� e I MINIM" 1 • lC1 .c411 C WA% take ". dialog al 11141411. ..-.1...........:.:,:,.,-i:. :Awl isr sm woo lia ... .................• .,, s:� ‘$11 ,e5116'0,die _ 41 ..: I!leIX 1-1-"--' -int. • asst.:4 z fir.. '61-1.:41116. 11 b*% tIII: Fr "�� S .lit- _A .: 1 I ek/ -'"\-K 0 / LANDUSE Ncicy Of ' MAPEl.k River 13065 Orono Parkway • P.O. Box 490 CASE: ZC 95-6 Elk River. MN 55330 r • Si. ANultt0 I . .- • CEMETERYI _ I .L_ 0) 1 I I 17 I • 1 75-431-0434 \ PP N ?l'Sj.l ' 46 \ HO(T 4 ` _ `41,4)1 F I R ?b O � _ _)9,6 0.,1.., 23. to 10 I 75 0 GRAIN r �F'Y T 1 1 Ve — EASEM D .op i 11p — � / — _- R )/. J y�f X .1N., 1 ,t- s - ` I i 94 J)1'0�)1• ` I 0 5QQV WI -,-t .• S.• 10 `1 1 \ —Q ,, V Z 1 )1'471/\ `�`�\ 1 1 L 15FT. UTIUT' . ibF ENT ` �� C��.� it 1 1 I .� ` )- — ``-`-`� kl J Q (J. / . \ '' ` Q1 LOT \---(1 - ' ` - • �s' ' .BLc.K 1 (�r \ • `' I D u rr LINE 2 ` • 2 __ _ _ _ - � _ . — _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _%_ 1. - _ ) . I LINE 2 —� HYW NO. 169 -- DRAINAGE AND UTIL I LINE 3 . 41\___ — — — I CENTER OF EAST LINE OF THE SE SECTION 27 OF THE NW 1/4 OF S I • . 4'" I 1 I I , I ' i 1 75-431-0320 I t3 I I th / I _ I -/ 75-431-0426 Z / I r' . '-431-0432 / I �` I fit/ / 15 / I I GE AND UTILITY / 75_431-0430 / -/ Q I NT l 75-431-0330 / / � / / / 14 f t 1 / k/3 RE -r — � \ __ 75-431-042© / � ( I l'1' -_ 1 - _ R _ ^ 5679 5 / (�/ 75-431-0340 _ / C ,`;t.rt(_ 32.40 a m o9 24.? N• W I , ,=``_ L (o q 75-431-0340 1056.69 ` - - • � 1 1. p [ [1 TY 'IREVISED-PLAT _ _ LINE 1 1/4 c�/�Sl��- -CTION 27 POINI ' .i 01 IINI Planning Commission Minutes Page 5 August 22, 1995 • 3. THE VARIANCE WILL HAVE NO IMPACT OR ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF THE COMMUNITY AND WILL BE KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. AND ALSO, THE FACT THAT THE SUBJECT PROPERTY WAS ORIGINALLY PART OF A 40 ACRE PARCEL WHICH WAS REDUCED BY THE ROAD RIGHT OF WAY. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 7-0. Chair Kuester requested staff to research similar variances to determine if a code amendment could be considered to address these situations. 6.2. City Purchase of Tax Forfeited Land Staff report by Steve Rohlf. The following tax forfeited parcels are recommended for purchase by the city: 1. Parcel located at Ogden Street and 196th Avenue. Tax forfeit price is $1,250, which is special assessments owed to the city. The parcel would be used for drainage. 2. Outlot A, Ridgewood East, is located at Highland Road and Proctor Avenue. The parcel presently serves as a drainage easement in the area. Purchase price is $581.95. $42.41 of this price is forr a sanitary . sewer interceptor assessment levied by the city. 3. Lot 13, Block 1, Meadow Park is located in a park service area that has has no current park. Purchase price is $16,500. Steve Rohlf noted that there is no other suitable property in this area for a park. Steve reported that State Statute requires that the Planning Commission review purchases of tax forfeit land by cities to ensure the proposed use is in conformance with the comprehensive plan. COMMISSIONER MINTON MOVED THAT ACCORDING TO THE PLANNING COMMISSION'S INTERPRETATION, THE THREE TAX FORFEITED PARCELS PROPOSED FOR PURCHASE BY THE CITY ARE IN KEEPING WITH THE CITY OF ELK RIVER'S COMPREHENSIVE PLAN. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 5.5_ Citv>of Elk River Request for Land Use Amendment (MR to HB). Public Hearing Case No. WA 95-6 5.6. City of Elk River Request for Zone Change (Ric to C31, Public Hearing Case No. ZC 95-6 5.7. Cityof Elk River Request for Preliminary Plot Approval, Public-Hearing Case No. P;' 95-4 • Staff report by Steve Ach. The City of Elk River is requesting the following applications for a parcel owned by the City of Elk River located at the northwest corner of Highway 169 and 193rd Avenue: Planning Commission Minutes Page 6 August 22, 1995 1 • A. A comprehensive land use plan amendment changing the land use designation from MR (Medium Density Residential) to HB (Highway Business). B. Rezoning from Rlc (Single Family Residential) to C3 (Highway Commercial). C. Preliminary plat to plat a 3 acre parcel into one commercial lot. Discussion was carried on regarding possible uses for the site. Members of the Planning Commission expressed concern for preservation of the tree line to buffer the neighboring residences from the commercial development. it Discussion followed regarding the possibility of splitting the property into two parcels to prevent a future property owner from developing the site beyond the { trees. COMMISSIONER KREGER MOVED TO TABLE CONSIDERATION AND THE PUBLIC HEARING FOR THE FOLLOWING ITEMS, TO ALLOW STAFF TIME TO RESEARCH A SECONDARY PROPOSAL TO SPLIT THE PARCEL INTO TWO LOTS; REZONING THE SOUTHERN LOT FROM R1C TO C3, AND LEAVING THE NORTHERN LOT AT ITS PRESENT R1C ZONING: 5.5. CITY OF ELK RIVER REQUEST FOR LAND USE AMENDMENT (MR TO HB), PUBLIC HEARING CASE NO. LUA 95-6, • 5.6. CITY OF ELK RIVER REQUEST FOR ZONE CHANGE (R1C TO C3), PUBLIC HEARING CASE NO. ZC 95-6, 5.7. CITY OF ELK RIVER REQUEST FOR PRELIMINARY PLAT APPROVAL, PUBLIC HEARING CASE NO. P 95-4, AND, THAT THE PUBLIC HEARING ON THESE ITEMS BE RE-ADVERTISED AND RESIDENTS WITHIN 350 FEET BE RE-NOTIFIED OF THE PUBLIC HEARING BY LETTER. COMMISSIONER DILLON SECONDED THE MOTION. THE MOTION CARRIED 7-0. A letter was received from Jeff Gongoll of Phoenix Enterprises, stating his support for the City's request to establish the plat, land use and zoning designations for the subject property. 5.8. City of Elk River request to Amend Ordinance Section 900.18-Rear Yard Setbacks for Structures in Residential, Public Hearing Case No. OA 95-13 Staff report by Gary Schmitz. The City of Elk River is requesting an amendment which would change the rear yard setbacks for principal structures in the R 1 c and R 1 b zoning districts to 25 feet. Staff felt the existing 10 - 15 foot rear yard setback would not provide an adequate buffer if a parcel were fully developed to the rear setback line. Gary noted that in surveying other cities, Elk River had • the smallest rear yard setback.