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5.9 p-Q A ITEM 5.9. 'ty of 11Z/ MEMORANDUM River TO: Planning Commission FROM: Scott Harlicker, Planning Assistan0 DATE: January 23, 1996 SUBJECT: Rezoning for the City of Elk River, Public Hearing Case No. ZC 96-4 Request The City of Elk River is initiating this rezoning from R3 (Townhouse/Multi- Family) to C3 (Highway Commercial). Location The property under consideration for rezoning is located at the southwest corner • of highway 169 and Main Street. The property is rectangular shaped and part of a larger approximately 10 acre parcel. The area under consideration for rezoning is bounded by Highway 169 to the east, County Ditch#10 to the west, the United Power Association access drive from Highway 169 to the south and Main Street approximately 200 feet to the north. Zoning/Land Use R3 (Townhouse/Multi-Family) / HB (Highway Business) Attachments • Zoning Map • Land Use Map Existing Conditions The approximately four acre parcel is currently zoned R3 ( Townhouse/Multi- Family) and the land use is HB (Highway Business). The adjacent zoning and land use designations are as follows: North - C3 (Highway Commercial); HB (Highway Business) • South - I1 (Light Industrial); L1 (Light Industrial) 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 City of Elk River Zone Change Page 2 January 23, 1996 • East - C3 (Highway Commercial; HB (Highway Business) West - R3 ( Townhouse/Multi-Family); HR (High Density Residential) The property to the north is currently vacant; however, there is a billboard located at the corner of Main Street and Highway 169. The property to the south is part of the United Power Association facility. To the east is Highway 169 and a mobile home park. To the west is a mix of land uses; the remaining portion of the property west of the ditch is vacant and adjacent to that is residential with a mix of duplexes and single family residences. The property has approximately 1000 feet of frontage on Highway 169. The physical characteristics of the site include a wooded berm along the highway. Behind the berm the property drops off sharply to the ditch. Development of this area will require large quantities of fill. There appears to have been some filling of the area behind the berm. Except for the pine trees on the berm, there is little vegetation on the site. Background The property is owned by Earl Hohlen. It was the subject of discussion by the Steering Committee during the recent Comprehensive Plan update. At their • August 17,1995 meeting the Steering Committee recommended the zoning be changed from R3 (Townhouse/ Multi-Family) to C3 (Highway Commercial). The property was also included in the recent revisions to the Land Use Map. The land use designation was changed from HR (High Density Residential) to HB (Highway Business). The City initiated this rezoning request so that the zoning would be consistent with the recent change in the land use designation from HR (High Density Residential) to HB (Highway Business). This rezoning request is part of a larger process that the City is undertaking to rezone certain properties so that they are consistent with the recent revisions to the land use map. Evaluation of Request In order to approve a rezoning request there must be a finding that a) the plan was in error when it was adopted and therefore should be changed, or b) the times and circumstances have changed since the plan was adopted, and a change is warranted. This rezoning is being considered in order so that this area will be consistent with recent changes to the land use plan, and therefore, the second finding is • met. s:\planning\scott\zc96-4.doc City of Elk River Zone Change Page 3 January 23, 1996 • Consideration should also be given to the existing conditions within the area directly and indirectly affected by the proposal, the conservation of property values, the use to which the property affected is being devoted at the time and the relevant portions of the land use plan. The proposed rezoning should not have an adverse affect on the adjacent properties to the north, south and east. The proposed C3 zone would be compatible with the other commercially zoned property to the north and on the east side of Highway 169 as well as the light industrial zone to the south. The proposed rezoning is also a logical extension of the existing C3 zone to the north. The property to the west could be impacted by the proposed rezoning; it is currently zoned R3. The C3 zone is the City's most intense commercial zone and many of the uses allowed may not be compatible with residential uses. The remainder of the lot west of the ditch could be utilized to provide a buffer between the proposed C3 zone and the existing residences on 1st Street and 2nd Street. Recommendation Staff can recommend approval of the proposed rezoning from R3 III (Townhouse/Multi-Family) to C3 (Highway Commercial) based on the following: 1. The proposed rezoning will be consistent with the Comprehensive Land Use Plan designation of HB (Highway Business). 2. The north part of this property is currently zoned C3 and this would be a logical extension of the zone. 3. The rezoning will not have an adverse impact on the properties to the east, north and south. The ditch, which comprises the west boundary of the area to be rezoned, will provide a natural point of separation between the intense commercial uses along Highway 169 and the remainder of the property. The area west of the ditch could be utilized to provide a buffer between the commercial uses of the C3 zone and the existing residential neighborhood. • s:\planning\scott\zc96-4.doc • .•_. 1 '°/.1, \‘‘.`‘i .':illiill al • O • -4 ..'-• ‘, ,r•in 111:.11M11.111 .1), -%•,:,ipe. VII is • li..., is .:.•.:,,,imat. ; i is CAN :, ., . • -:711111 %P fl 79 2 -.... \,\ ., -,masi • .0,,,, re. ; :)., •;...vaical ...:...._,„. \ 1- 1111 \ \litta , It.•:. /0 4 .:1 Wit-9•':'• 01 •P= . • ,•r•':••• -7k. ."4 44 A. , ... 411111 pv; : ,,,y, •e• illibi;"!.. i1ll67 ‘,k • I-: 1-141 aidelltItu . . ii , '; . 1 a .Ilk . t 6 ; . g ,.... ..„.. ...„,,........ : • • . \ ....::1,11M11111/00•elleillig A I ._iiC::. .NO '.:. . . \ 1 , ! .\.....:VII.011anlirdir'el ' a :::::::.:::::. ', s‘ \‘ ' 's 1 grifilliftli. \ \\ .......,%......., . , ks.::.:.::.:.::: . , . .., ' . — , _,.... ; ,N • ..,‘ t • , \\,,, ..• . , ,•., LOCATION ,k/ ---\. LAND USE N City of ' MAP • Elk River 13065 Orono Parkway • P.O. Box 490 CASE: ZC 96 - 4 Elk River, MN 55330