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7.13 -Q ti- ITEM 7. 13. ay of lk� � • River MEMORANDUM TO: Planning Commission FROM: Scott Harlicker, Planning Assista ,7 -14 DATE: February 27, 1996 SUBJECT: City of Elk River Request for Rezoning, (Area #11), Public Hearing Case No. ZC 96-9 Request The City of Elk River is initiating this rezoning from R1a (Single Family Residential) and C3 (Highway Commercial) to BP (Business Park). Location • The property under consideration for rezoning consists of about 35 acres, bounded by 167th Avenue on the north, the Oliver Kelly Farm on the south, Highway 10 on the east and a line approximately 300 feet west of Highway 10 on the west. Attachments • Zoning Map • Land Use Map • Steering Committee Minutes dated June 15, 1995 Existing Conditions The approximately 35 acres are currently zoned C3 (Highway Commercial) and R1a (Single Family Residential). The northern half of the area under consideration is zoned C3 and the southern half is zoned Rla. The land use designation is also mixed. The northern one-third and southern one-third are LI (Light Industrial) and the middle third is CC (Community Business). The adjoining zoning and land use designations are as follows: North - C3 (Highway Commercial); HB (Highway Business) South - Rla (Single Family Residential); OS (Open Space) • 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Memo to Planning Commission Page 2 Case No. ZC 96-9 February 27, 1996 • East - C3 (Highway Commercial), I1 (Light Industrial) and Rla (Single Family Residential); HB (Highway Business) and LI (Light Industrial) West - R1a (Single Family Residential); MR (Medium Density Residential) The surrounding land uses are mainly undeveloped land and farm land. To the north is a RV sales business; to the south is the Oliver Kelly Farm; to the west is farm land and to the east is Highway 10 and undeveloped land. The Elk River Resource Recycling Center is at the intersection of Highway 10 and 165th Avenue. The area under consideration for rezoning is a level, undeveloped stretch of land extending 300 west of Highway 10 between the Kelly Farm and 167th Avenue. There is little vegetation on the property; it is mostly farm land with scattered groupings of mature pine trees. There are several billboards located on the property adjacent to Highway 10. Background This area was the subject of discussion by the Steering Committee during the recent Comprehensive Plan update. At their June 15, 1995 meeting, the Steering Committee recommended the zoning be changed from C3 (Highway • Commercial) and Rla (Single Family Residential) to BP (Business Park). This area was also included in the recent revisions to the Land Use Map. The land use designation was changed from LR (Low Density Residential) to LI (Light Industrial) and CC (Community Commercial). The City initiated this rezoning request so that the zoning would be consistent with the land use designation of LI (Light Industrial) and CC (Community Commercial). This rezoning request is part of a larger process that the City is undertaking to rezone certain areas so that they are consistent with the recent revisions to the Land Use Map. The City recently expanded the boundaries of the urban service area to include this area that is being considered for rezoning. The type of uses allowed under the proposed BP zoning district reflects the type of development made possible in areas that have municipal sewer and water. 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. s:\planning\scott\zc96-9.doc Memo to Planning Commission Page 3 Case No. ZC 96-9 February 27, 1996 • This rezoning is being considered in order that this area will be consistent with the land use plan. The updated land use plan designated this area as LI (Light Industrial) and CC (Community Commercial). The proposed rezoning to BP (Business Park) is consistent with that revised land use designation, and therefore, the second finding is met. Consideration should also be given to the existing conditions within the area directly and indirectly affected by the proposal, the use to which the property affected is being devoted to at the time and the relevant portions of the land use plan. This proposed rezoning should not have an adverse impact on the adjacent properties. The rezoning is also consistent with the concept of providing business park land within the urban service area. Recommendation Staff can recommend approval of the proposed rezoning from C3 (Highway Commercial) and Rla (Single Family Residential) to BP (Business Park) based on the following: • 1. The proposed rezoning is consistent with the Comprehensive Land Use Plan designation of LI (Light Industrial) and CC (Community Commercial). 2. The proposed rezoning is compatible with the adjacent land uses and zoning. 3. The proposed rezoning is consistent with the recent expansion of the urban service area and the concept of providing business park land within the urban service area. • s:\planning\scott\zc96-9.doc Steering Committee Minutes Page 3 June 15, 1995 • rezone Southwest corner of Highway 169 and Main Street (Earl Hohlen property) - to C3; amend land use to HB Exhibit L East Highway 10 frontage -Specht property- presently zone Ria -rezone to I-1 CHRIS KREGER MOVED THAT THE STEERING COMMITTEE RECOMMEND AMENDING THE LAND USE FOR THE PARCELS OUTLINED ON EXHIBIT "M"BY CHANGING IT TO LIGHT INDUSTRIAL. ON EACH END AND HIGHWAY BUSINESS IN THE CENTER, CITING THAT THE 165TH AVENUE INTERSECTION MAY BE SIGNALIZED IN THE FUTURE AND IT WOULD BE LOGICAL TO LOCATE COMMERCIAL ACTIVITY CLOSEST TO THE INTERSECTION; AND, THAT THE ENTIRE AREA BE REZONED TO BUSINESS PARK. MARY EBERLEY SECONDED THE MOTION. Discussion followed regarding preservation of open land next to the Kelley Farm and not allow development right next to the entrance. MARLY GLINES MOVED THAT THE MOTION BE AMENDED TO INCLUDE A MINIMUM OF 300' OF OPEN SPACE ADJACENT TO THE KELLEY FARM ENTRANCE. DAVE ANDERSON SECONDED THE MOTION TO AMEND. THE MOTION CARRIED 11-1. CHRIS KREGER OPPOSED. THE MOTION AS AMENDED CARRIED 12-0. 6. Consider the Central Business District (Downtown) IIII Chair Minton commented on the Letter to the Editor written by Bill Rubin and Jackie Schuelein, which listed ten ideas to keep Elk River's downtown as a focal point. The following is a summary of comments made by members of the Steering Committee and the public: Arne Engstrom - suggested a specific area be designated as the "downtown", possibly a 3 - 4 square block area. - Buildings be remodeled or restored to reflect an era of history such as the 1890's to 1920's. - City's parking requirements be relaxed in downtown Pat Dwyer -suggested the possibility of easing off the building code requirements in older buildings. Chair Minton - downtown is a valuable asset to community that could be lost if steps are not taken to preserve it. Bill Birrenkott - requiring businesses to incorporate a theme may be an encumbrance. IDMary Eberley WPB City ofjrlRi ver 13065 Orono Parkway - P.O. Box 490 Elk River, MN 55330 ZONING MAP CASE: ZC 96 - 9 WA L� I A v Eg DTH LljmjF Kiver 13065 Orono Parkway • P.O. Box 490 Elk River, MN 55330 --b 7lq 1,13 LAND USE MAP CASE: ZC 96 - 9