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3.1 & 3.2 A(c Item# 3.1. & 3.2. ity of , MEMORANDUM T1k • Ryer TO: Planning Commission FROM: Stephen Wensman, Planner t, DATE: April 13, 1999 SUBJECT: Request by Richard and Dawn Schultz for a Zone Change and Land Use Map Amendment, Public Hearing Case No. LU 99-2, ZC 99-3 Request Consider a request by Richard and Dawn Schultz for an amendment to the land use plan and a rezoning. The land use amendment is a change from LI (Light Industrial) to CC (Community Commercial) and the zone change is from I1 (Light Industrial) to C4 (Neighborhood Commercial). Location II19277 Vernon Street NW, Elk River, Lot 1, Block 2, Meadowvale Commercial Park. Zoning/Land Use I1 (Light Industrial)/ LI (Light Industrial) Attachments • Location map • Letter from applicant • Neighborhood Commercial Uses Overview The property owner is requesting an amendment to the land use map for a change from change from LI (Light Industrial) to CC (Community Commercial) and the zone change is from I1 (Light Industrial) to C4 (Neighborhood Commercial). • 13065 Orono Parkway • P.O. Box 490 • Elk River,MN 55330 • TDD&Phone: (612)441-7420 • Fax: (612)441-7425 Memo to Planning Commission/ZC 99-3,LU 99-2 April 13, 1999 Page 2 1110 The property is located to the north of County Road No. 1 across the County Road from the Elk River Industrial Park. In 1994, R & D Sales Inc. constructed their existing 2,304 SF building on the roughly 1.5 acre parcel. The applicant is now proposing to expand the building to a total of 5,760 SF. The expansion is to contain R&D's growing business and to contain an additional tenant, a daycare facility. Daycare is prohibited in the II zoning district, but a conditional use in the C4 zoning district. R &D Sales Inc. is an embroidery shop with in-house art department and customer service staff and retail sales. The applicant feels that embroidery business is closely aligned to that of a print shop (considered a retail use), however with less waste (See the applicant's attached letter). Granting of Zone Change and Land Use Amendment In granting a zone change, one of the following must be found: 1. That times and conditions have changed so as to warrant a zone change for a described area and the rezoning for the described area would be in keeping with the spirit and intent of the zoning ordinance and zoning map. 2. That there was an error in the original zoning classification and the rezoning for that described area would be keeping with the spirit and intent of the zoning ordinance and zoning map. 3. The zoning is not in compliance with the City's Comprehensive Plan. In granting a land use amendment, one of the following must be found: 1. The consideration shall be given to existing conditions within the area directly and indirectly affected by the proposal. 2. Conservation of property values 3. The use to which the property affected is being devoted at the time. 4. Relevant provisions, if any, in the land use plan. Adjacent land uses and zoning Adjacent land use designations include Medium Density Residential to the north, Community Commercial to the east, and Light Industrial to the south • \\el kriver\sys\shrdoc\planning\stevewen\p cmmo\zc99-3 pc.doc Memo to Planning Commission/ZC 99-3,LU 99-2 April 13, 1999 Page 3 ID and west. The property is adjacent the Meadowvale Elementary School and the City Railroad Trail. When considering adjacent land use and zoning, the proposed zoning would be compatible with the adjacent land uses and zoning. Furthermore, none of the businesses in the Meadowvale Commerical Park are specifically industrial uses. The bulk of the light industrial businesses are contained across County Road No. 1 in the Elk River Industrial Park. Community Commercial Land Use The neighborhood commercial land use was identified as a transitional commercial land use intended to serve a neighborhood or sub-area of the community. It is more compatible with residential areas than highway commercial uses. These type of land uses should also be located adjacent to collector streets to minimize impacts on surrounding land uses. Staff believes the proposed land use amendment reflects the purpose of the community commercial land use district. Neighborhood Commercial District The Neighborhood Commercial zoning district is intended for businesses that • serve adjacent residential neighborhoods and businesses in the immediate area. They should also be located adjacent to collector or arterial streets. Staff believes the proposed rezoning fits in with the purpose of the neighborhood commercial district. A list of permitted and conditional uses has been attached. Dimensional Regulations The parcel conforms to the minimum lot size, and minimum lot frontage required in either the C4 or I1 zoning districts. Recommendation Staff recommends that the Planning Commission approve the request by Richard and Dawn Schultz for an amendment to the Land Use Plan based on the following findings: A. The area under consideration for Community Commercial land use designation is adjacent to County Road 1, which is classified as a minor arterial roadway and which can provide for the adequate transportation needs for community commercial development • \\elkriver\sys\shrdoc\planning\stevewen\pcmmo\zc99-3pc.doc Memo to Planning Commission/ZC 99.3,LU 99-2 April 13, 1999 Page 4 • B. The proposed amendment will encourage limited commercial development to serve the adjacent residential area and neighboring businesses. C. The proposed amendment will allow for a rezoning that will provide for land use opportunities to attracted convenience retail stores and personal service establishments. Staff recommends that the Planning Commission approve the request by Richard and Dawn Schultz a Zone Change from I1 (Light Industrial) to C4 (Neighborhood Commercial) based on the following findings: 1. The rezoning is consistent with the Comprehensive Land Use Plan designation of CC (Community Commercial). 2. Times and conditions have changed to warrant the development of this property as neighborhood commercial. 3. The property is adjacent to a minor arterial which can meet the transportation needs of businesses allowed under the C4 zoning district. 4. The proposed C4 zoning district is compatible with the adjacent zoning • districts. 5. The property is within the urban service area and is within close proximity to existing services. • \\elkriver\sys\shrdoc\planning\stevewen\pcmmo\zc99-3pc.doc 0110 iik.15.1111. 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Elk , River 13065 Orono Parkway •P.O.Box 490 CASE: CU 99-13, ZC 99-3 Elk River,MN 55330 • R & D Sales, Inc. 19277 Vernon St NW Elk River, MN 55330 February 22,1999 Re: Zone change request from Light Industrial (I-1 ) to Neighborhood Commercial (C-4). R & D Sales Inc. has operated at the existing location for the past 5 years. The existing building is 2,304 square feet. The new proposed addition is not to exceed 5,760 square feet. This final expansion would complete the development of this property. R & D Sales Inc. currently has a retail store front with many wearable items ready for retail sale. Complete with in-house art department and customer service staff we can assist any retail residential area customers. An example of retail customers would be: bowling teams, softball teams, basketball teams, teachers and anybody looking to purchase clothing. ® R & D Sales Inc. also services many of the nearby local business in the City of Elk River. An example would be: Chuba Co., Country Lumber, UPA, Meadowvale School, ISD 728, Neary Mfg, Bilmar Bus Co., Alltool, Timron, E & 0 Tool, but their are so many more, these are the few that are right in our "backyard". R & D Sales Inc. primarily handles many types of clothing and wearables. Many items would be comparable to the clothing that a Dry Cleaning business would handle on a daily basis. In fact one of the local Dry Cleaning business is a long standing current retail customer of ours. R & D Sales Inc. also finds a common comparison in the nature of its business operation to that of a Printing shop. R & D Sales Inc. uses thread instead of ink to create and decorate wearables. A printing shop can produce both large and small orders. Embroidery can also produce orders large or small. R & D Sales never has a minimum quantity on any order. The waste generated with embroidery is only with the thread and light weight backing material used during the decorating process. The printing shops • do have toxic inks and solvents to dispose of properly. • R & D Sales, Inc. in summary feels that the times and conditions have changed to request a zone change. We have been at the current location for 5 years. The current building was designed and positioned on the lot to allow for this expansion. At that time it was our business plan to complete the lot development within a 4 to 6 year time frame. If the zone change is approved this was a good plan. We also feel it is very important to compliment the neighboring area, with a single level building design, many trees and overall appeal to keep with the spirit of the City of Elk River. Sincerely, //(ti `11)-AL-/- • Richard W. Schulz Dawn M. Schulz S S 13 . C4 - Neighborhood Commercial STATEMENT OF PURPOSE: The purpose of the C4-Neighborhood Commercial district is to provide land use opportunities to attract convenience retail stores, and personal service • establishments. It is intended that this district primarily serves surrounding residential neighborhoods and businesses within the immediate area. Neighborhood Commercial districts shall be located adjacent to collector or arterial streets so that traffic does not impact local streets . In order for development to occur within this district, public sanitary sewer, storm sewer, and municipal water must be available and hooked up in order to occupy the particular business. A. Permitted Uses i . Convenience retail sales of goods and services ii. Dry cleaning and laundry establishments iii. Personal service and repair establishments such as barber and beauty shops, shoe repair, etc. iv. . Printing shops and publishing shops B. Accessory Uses i. Uses customarily incidental to the permitted or conditional uses allowed in this district ii. Off-street parking areas • iii. Signs as regulated in the Elk River zoning ordinance C. Conditional Uses • i . Retail sale of gasoline ii. Car wash facilities iii. Daycare centers iv. Educational/institutional uses v. Off-sale liquor stores vi. Class 1 and Class 2 restaurants vii . Financial institution viii. Mortuaries, funeral homes D. Lot Standards i. Minimum lot area - one (1) acre. 411 ii . Minimum frontage - 150 feet. iii. Minimum depth - 150 feet. iv. Maximum building height shall not exceed 2 stories or 30 feet, whichever is less.