5.2 52.
City of ,6
M1kRiver MEMORANDUM
TO: Planning Commission
FROM: Scott Harlicker, Planning Assistant
DATE: April 23, 199
SUBJECT: Rezoning Request by the City of Elk
River, Public Hearing Case No. ZC 96-10
Request
Consider a request by the City of Elk River to rezone approximately 60 acres of
the east half of the northeast quarter of Section 14 lying north of Highway 10
and south of 165th Avenue from Rla (Single Family Residential) to I1 (Light
Industrial).
Attachments
• • Map showing property lines and proposed zone boundary adjustment
• Copy of air photo with approximate property lines and proposed zone
boundary
• Copy February 27,1996 Planning Commission memo
Background
At the February 27,1996 Planning Commission meeting, this item was tabled
after it was determined that rezoning this property from R1a to I1 would make
the existing Cargill Animal Nutrition Center a non-conforming use. In May
1995, Cargill was granted a Conditional Use Permit for a feedlot so that they
could upgrade and expand the existing facility. Feedlots are a conditional use in
the Al and R1a districts but are not allowed in the I1 district.
Issues
In response to the issue of making the Cargill Animal Nutrition Center a non-
conforming use, staff is presenting the following as four alternatives regarding
the proposed rezoning:
• Continue with the rezoning to I1 as proposed;
•
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Memo to Planning Commission Page 2
April 23, 1996
• Continue with the proposed rezoning to I1 but adjust the boundary so that it
• does not include the structures associated with the Cargill Nutrition Center;
• Maintain the existing Rla zoning;
• Continue with the rezoning to I1 as proposed and amend the zoning
ordinance so that feedlots are a conditional use in the I1 zoning district.
Analysis
Continue with Rezoning as Proposed
The City initiated this rezoning request so that the zoning of the property would
be consistent with recent changes to the land use map and expansion of the
urban service area. The proposed rezoning would reflect the light industrial land
use designation and the fact that the property is now included in the urban
service area. The rezoning would also be consistent with Comprehensive Plan,
Section V. Industrial plan. The goals and policies of this section include
providing and encouraging industrial development opportunities in areas of the
City that are within the urban service area and considering industrial
development opportunities in the southeast sector of the City.
However, proceeding with this rezoning as proposed will make the Cargill
Nutrition Center a non-conforming use. Cargill was recently granted a
• conditional use permit to operate a feedlot on this property and feedlots are not
an allowed use in the I1 district. The conditional use permit included the area
under consideration for rezoning along with other Cargill property to the east.
Adjust the Boundary of the Proposed Rezoning
Under this alternative the area would be rezoned to light industrial; thereby,
maintaining consistency with elements of the Comprehensive Plan and land
use map as well as allowing uses appropriate for property located within the
urban service area. Instead of having the boundary of the proposed I1 zone
follow a quarter section line that runs through the center of the Cargill facility,
the east boundary of the proposed light industrial zone would be adjusted so that
it is about 1000 feet east of the adjacent parcel to the west. (see attached map)
This adjustment would maintain the existing R1a zone over most of the Cargill
Nutrition Center facility, including all of the structures, and the facility would
not become a non-conforming use.
However, the conditional use permit issued for the feedlot includes the entire 60
acres currently under consideration for rezoning. Even if the zone boundary is
adjusted so that the buildings are not included as part of the rezoning request,
part of the Cargill property will be made non-conforming under this alternative.
• Cargill has indicated that they do not view their facility as two separate
s:\planning\scott\zc96-10b.doc
Memo to Planning Commission Page 3
April 23, 1996
operations; the feedlot operation includes all the supporting farmland as well as
• the structures.
Amend the Zoning Ordinance so that Feedlots are a Conditional Use in the I1
Zone
This alternative involves proceeding with the rezoning request as proposed, but
also amending the zoning ordinance to include feedlots as a conditional use in
the light industrial zone. This alternative would allow the rezoning to proceed as
proposed, ensuring that the zoning of the parcel is consistent with the land use
designation of light industrial and reflecting the type of development that is
often associated with land located within the urban service area. It would also be
consistent with the goals and policies of the Comprehensive Plan and maintain
the Cargill Nutrition Center as a conforming use.
Since this alternative involves amending the zoning ordinance so that feedlots
are a conditional use in the light industrial zone, a determination should be
made regarding whether a feedlot, which many would consider an agricultural
use, is an appropriate use for the light industrial zone.
Maintain Existing Rla Zoning
• This alternative consists of keeping the existing Rla zoning in place. The entire
Cargill facility would stay a conforming use. Maintaining the existing Rla
zoning would reflect the existing use of the property and, in light of the recent
conditional use permit issued to upgrade the facility, the future long range use of
the parcel and most of uses allowed under the Rla zone are compatible with the
adjacent Kelly Farm property.
However, maintaining the existing zoning would not be consistent with the land
use map, which designates this parcel as light industrial not low density
residential. When property is within the urban service area, as this parcel is,
development of the parcel is generally more intense than that normally
associated with low density residential development. This alternative is also
inconsistent with the Comprehensive Plan's section on industrial development.
The plan calls for expansion of industrial opportunities in the southeast sector
and in areas that are within the urban service area; this is one of the few parcels
that qualify. If this parcel is left as Rla, other potential industrial property, that
meets the goals and policies found in the Comprehensive Plan, should be
identified and the boundary of the urban service area may have to be adjusted so
that this parcel in not included.
s:\planning\scott\zc96-10b.doc
Memo to Planning Commission Page 4
April 23, 1996
Recommendation
• Staff is recommending approval of the rezoning from Rla to I1 and that the east
boundary of the proposed light industrial zone be adjusted so that it is
approximately 1000 feet east of the adjacent parcel to the west. Cargill has
expressed an interest in tabling this request to allow them time to review the
proposed options. Staff does not have any objections to tabling this request.
•
0
s:\planning\scott\zc96-10b.doc
'( \ ITEM 7.14.
•;y of ��
ElkRiver MEMORANDUM
TO: Planning Commission
.4014
FROM: Scott Harlicker, Planning Assistan -
DATE: February 27, 1996
SUBJECT: City of Elk River Request for Rezoning
(Area #12), Public Hearing Case No.
ZC 96-10
Request
The City of Elk River is initiating this rezoning from Rla (Single Family
Residential) to I1 (Light Industrial).
Location
11) The property under consideration for rezoning consists of about 60 acres,
bounded on the north by 165th Avenue, on the south by Highway 10, on the east
by Monroe Street alignment and on the west by Polk Street alignment.
Attachments
• Zoning Map
• Land Use Map
Existing Conditions
The approximately 60 acres are currently zoned Rla (Single Family Residential)
and the land use designation is LI (Light Industrial). The adjoining land uses
are as follows:
North - I1 (Light Industrial); LI (Light Industrial)
South - Rla (Single Family Residential); LI (Light Industrial) and OS (Open
Space)
East - R1a (Single Family Residential); LR (Low Density Residential)
West - I1 (Light Industrial); LI (Light Industrial)
•
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 96-10
February 27, 1996
• The surrounding land uses are mainly undeveloped land and farm land. The Elk
River Resource Recycling Center is located just to the northwest on 165th
Avenue.
The area under consideration for rezoning is currently utilized by Cargill for
their animal nutrition center. The area is flat with little vegetation. The portion
of the property not utilized by the nutrition center is undeveloped.
Background
The property is owned by Cargill and is utilized for their animal nutrition
center. In May 1995, a Conditional Use Permit was granted for the existing and
proposed feedlot operation. The feedlot operation is an allowed conditional use in
the existing Rla zone. However, feedlots are not an allowed use in the I1 zone;
therefore, rezoning this parcel to I1 would make the existing Cargill feedlot a
non-conforming use.
In the near future, staff will be proposing to the Planning Commission an
amendment to the zoning ordinance whereby properties that are zoned
commercial or industrial, but are not served by municipal sewer and water, will
• be allowed uses consistent with those allowed in the Rla and Al zoning districts.
When commercial and industrial properties are serviced by municipal sewer
and water, they will be allowed uses consistent with those listed under their
respective industrial or commercial zoning district.
This area was included in recent revisions to the Land Use Map. The land use
designation was changed from LR (Low Density Residential) to LI (Light
Industrial)
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 that are allowed
under the proposed I1 zoning district reflect the type of industrial development
made possible in areas that have municipal sewer and water.
The City initiated this rezoning request so that the zoning would be consistent
with the recent change in the land use designation to LI (Light Industrial). This
rezoning 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.
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
s:\planning\scott\zc96-10.doc
Memo to Planning Commission Page 3
Case No. ZC 96-10
February 27, 1996
times and circumstances have changed since the plan was adopted, and a change
is warranted.
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). The proposed rezoning to I1 (light Industrial) 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 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 consistent with the concept of providing industrial
land within the urban service area.
Recommendation
Staff can recommend approval of the proposed rezoning from Rla (Single Family
Residential) to I1 (Light Industrial) based on the following:
110 1. The proposed rezoning is consistent with the Comprehensive Land Use
Plan designation of LI (Light Industrial).
2. The proposed rezoning is compatible with the adjacent land uses and
zoning.
3. The proposed rezoning is consistent with the concept of providing
industrial land within the urban service area.
•
s:\planning\scott\zc96-10.doc
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13065 Orono Parkway •P.O. Box 490 CASE: ZC 96 10
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