7.2 Q —\. ITEM 7.2.
O
ty of , / MEMORANDUM
J
River TO: Planning Commission
FROM: Steven B. Ach, City Planned____�
DATE: February 27, 1996
SUBJECT: Rezoning Request by Tom and Sara
Hartman/Guardian Angels of Elk River,
Inc., Public Hearing, Case No. ZC 94-15
Request
The applicants are requesting a rezoning from R1c (single family residential)
and R2b (two family residential) to C4 (neighborhood commercial).
Attachments
Location Map
• Zoning Map
Land Use Plan Map
Report to the Planning Commission dated December 27, 1994
Sketch Drawing of Proposed Frontage Road
Background
This request was originally part of a two part application made by the
Guardian Angels of Elk River, Inc., and Tom and Sara Hartman back in the
later part of 1994. As those two applications work their way through the
process, the Comprehensive Land Use Plan amendment moved forward,
changing an area generally described as that line between the proposed
frontage road and Highway 10 for a commercial land use designation. The
second part of the application regarding the rezoning was never acted upon
by the City Council. Rather, deferred until an exact legal description
defining where the frontage road would be and, hopefully, the creation of a
new commercial zoning district slightly less intense than the highway
business as originally proposed.
Since those two applications were submitted to the Planning Commission,
several actions have taken place. First of all, as part of the Comprehensive
Plan update, a new zoning designation was put into place by the Planning
•
Commission and City Council entitled Neighborhood Commercial. This new
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
• zoning district was designed for properties similar to the Hartman's and
Guardian Angels where commercial activity appeared to be reasonable, but
have some limitations to the types of uses given its overall size and proximity
to residential zoned areas. This new zoning district was made available to
Mr. and Mrs. Hartman as well as the Guardian Angels for their review as
this ordinance was being considered as we knew it would directly affect their
property. Now that the ordinance has been adopted along with the frontage
road alignment defined, the rezoning request is now brought back to the
Planning Commission for consideration. However, this time the request is to
consider rezoning the property to C4 (neighborhood commercial) rather than
the C3 that was originally proposed.
Analysis
Please refer to the attached staff report dated December 27, 1994, for further
information. Most of the information in this report is still applicable except
for any references made to having the property rezoned to C3 (Highway
Commercial).
Recommendation
• It is recommended the Planning Commission recommend approval of the
rezoning from R1c (single family residential) and R2b (two family residential)
to C4 (neighborhood commercial) based on the following findings.
1. The proposed frontage road creates a natural area that would be best
used as commercial.
2. Change to a neighborhood commercial zoning designation will not have
a detrimental effect on the surrounding properties.
3. With the construction of a frontage road, conditions will change to
warrant a change in zoning.
4. Establishing a commercial zoning at a signalized intersection is a
reasonable and logical land use determination.
5. Change in zoning is consistent with the Comprehensive Land Use Plan
map that was recently updated as part of the Comprehensive Plan
update.
•
s:\planning\pc\zc94-15.doc
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City of 1 .
River ZC 94-15
../t./11Zr ver . CASE
-- .
P.O. Eox. 490 • 11065 0
- •••• rono IP:Irk...way • =11:- T't'VP^ MN]. -'74,--1-", - /L.:1--,,, A A , 7,-n
r ITEMS 5.4. & 5.5.
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City of
.lk
River MEMORANDUM
TO: PLANNING COMMISSION
FROM: STEVEN B. ACH
DATE: DECEMBER 27, 1994
SUBJECT: COMPREHENSIVE LAND USE PLAN
AMENDMENT AND REZONING
REQUEST BY TOM AND SARA
HARTMAN/GUARDIAN ANGELS OF
ELK RIVER, INC.
REQUEST
The applicants are requesting:
• A. A Comprehensive Land Use Plan Amendment, changing the land use
from MR (Medium Density Residential) to HB (Highway Business);
and,
B. Rezoning from Rlc (Single Family Residential) and R2b (Two Family
Residential) /MR (Medium Density Residential).
ATTACHMENTS
Location Map, Zoning Map, Land Use Plan Map, map illustrating commercial
areas, sketch drawing of subject property.
OVERVIEW
As Phase II of the Western Area improvement project continues to move west
towards the County Courthouse and north of Highway 10, development
interest has begun to emerge. In anticipation of the upcoming year's
development activity in this area, planning efforts including land use
decisions, storm water management, sewer and water alignments and
transportation routes have begun to be examined.
•
13065 Orono Parkway • P.O. Box 490 • Elk River. MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
One of the critical components in planning be the future transportation •
routes. In this western area, streets such as Joplin, Waco and a frontage
road on both the north and south side of U.S. Highway will be critical routes
that will have to be properly located and designed. The location and design
will need to take into consideration traffic which may be generated from
future development in the western area. There are certain engineering
design criteria that will have a strong influence on both the street design and
location to accommodate the necessary improvements to these future
intersections.
The application before the Planning Commission happens to be a result of the
frontage road alignment north of Highway 10. This particular frontage road
aligns with Joplin Street to the south, provides proper intersection
geometrics and ties into the existing frontage road towards the west adjacent
to Highway 10. The chosen frontage road alignment naturally creates an
area approximately 3 - 4 acres in size between the frontage road and
Highway 10 that is no longer conducive for single family residential
development. Therefore, an application by the affected property owners is
coming forward to request consideration for a commercial land use and
zoning designation.
ANALYSIS •
As mentioned earlier, there are two property owners that are directly affected
by the frontage road design and as a result, have a " partnership interest" in
a change in land use. The property on the east which is currently zoned R2b
is owned by Guardian Angels of Elk River. Guardian Angels have an interest
in developing that portion of their property lying north of the frontage road
as a medium densi v senior housing project. The project will most likely have
a single family influence to provide some compatibility with the single family
zoning to the west. The property is currently vacant at this time and may
require further zoning considerations, depending upon the actual project.
The property on the west is owned by Tom and Sara Hartman. The
Hartman's have been working with a single family residential developer to
develop the remaining portion of their property lying north of the future
frontage road. The Hartman's have two dwelling units on their property, one
of which is their residence and the other closest too Highway 10 is considered
rental property.
In reviewing the land use and zoning issues within this western area along
Highway 10, the implementation of commercial is best utilized at the major
intersections (see attached map). The Joplin/Highway 10 and Waco/Highway •
10 intersections are planned to be signalized and capable of handling
commercial and business park traffic.
s:pc:1ua94-13
• By concentrating the commercial at these identified intersections, there is
less of a chance that the residential areas, both north and south of U.S.
Highway 10, will notice much of a traffic impact associated with the
commercial development. The frontage road itself also assists in creating a
strong physical separation between the commercial and residential land uses.
Lastly, buffering with landscaping/fencing or other treatment can add the
final touches in transitioning from a commercial to a single family land use.
C3 ZONING DISTRICT
The request by the applicants is a reasonable request which can be supported
by staff. However, the C3 zoning district is the most intense commercial
district and allows a wide variety of uses. Given the location and overall size
of this commercial area (3 - 4 acres), the ideal commercial zoning would be of
a neighborhood or community-type commercial. Under this scenario, the
allowable uses may not be as wide ranging as they are in the C3, yet allow a
full range of service and limited-type retail activity to serve the immediate
area. The creation of this type of zoning district may be a recommendation
that comes out of the Steering Committee as part of the Comprehensive Plan
update.
• AREA TO BE REZONED
The precise legal description of the area to be rezoned has not been
determined because the exact alignment of the frontage road has not been
finalized. However, it is anticipated that the frontage road will not deviate
significantly from the alignment shown on the attached illustration.
RECOMMENDATION
It is recommended that the Planning Commission recommend the following:
A. Approval of the Land Use Plan Amendment from MR (Medium Density
Residential) to HB (Highway Business), and approving the rezoning
from Ric (Single Family Residential) and R2b (Two Family
Residential) to C3 (Highway Commercial), based on the following:
1. The proposed frontage road creates a natural area that would be
best used as commercial.
2. The change in land use and zoning will not have a detrimental
affect on surrounding properties.
s:pc:1ua94-13
3. With the construction of a frontage road, conditions will change •
to warrant a change in land use and zoning.
4. Establishing commercial land use and zoning at a signalized
intersection is a reasonable and logical land use determination.
•
•
s:pc:1ua94-13
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LAND USE
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LAND USE
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