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6.2 & 6.3 r-Q Item# 6. 2 . &6 . 3 . ty of MEMORANDUM lkRiver TO: Planning Commission FROM: Scott Harlicker, Planning Assistant DATE: November 24, 1998 SUBJECT: Request by Lyle Talbot for Land Use Plan Amendment and Rezoning, Public Hearing Case No. LU 98-4 and ZC 98-10 Request Consider a request from Lyle Talbot for an amendment to the land use plan and a rezoning. The land use amendment is a change from MR (Medium Density Residential) to CC (Community Commercial) and the zone change is from Rlc (Single Family Residential) to C4 (Neighborhood Commercial). Location 411 The property is located north of County Road 1, south of 193rd Avenue and east of Upland Street. Zoning/Land Use Rlc (Single Family Residential) / MR (Medium Density Residential) Attachments • Location map • Survey of property • Letter from applicant • List of uses allowed in the Neighborhood Commercial district. • Resolution No.98- • Ordinance No.98- Overview The property owner is requesting an amendment to the land use map for a change from MR (Medium Density Residential) to CC (Community Commercial) and a zone change from Rlc (Single Family Residential) 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 November 24, 1998 Page 2 • The property is located at the northeast corner of County Road 1 and Upland Street. It is bordered on the north by 193rd Avenue and is directly south of an undeveloped portion of the Lafayette Woods plat. The site is wide and narrow, it is about 5.6 acres in area. It has about 690 feet of frontage on County Road 1 and is about 240 feet deep at it's narrowest point. The western end of the property is open with a low area in the middle, there is a wetland in the center of the property and a wooded area at the east end. Adjacent Land Uses and Zoning Dickenson Bus Company is located south of the site and the Elk River Industrial Park is located to the to the southwest; to the west is the city trail and a small office building; to the east is undeveloped property and to the north is an undeveloped portion of Lafayette Woods. Adjacent zoning districts include single family residential to the north and east and light industrial to the south and west. Access Access to the site is limited. Access from County Road 1 would be restricted in order to minimize access points on the county road; access from Upland Street would be limited because of the proximity to the County Road 1 intersection. The probable location for access would be from a reconstructed portion of 193rd. As part of the development of this site, it is possible that 193rd would be constructed as a cul de sac to provide access to the applicant's property and Mrs. Carton's property, which is the adjacent property to the east. Utilities Sewer and water are available to this site. Sewer service is available from the 15 inch line in the city trail right-of-way and water is available through Lafayette Woods. 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. s:\planning\scott\zc98-10.doc Memo to Planning Commission November 24, 1998 Page 3 • 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. 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 changed is warranted. Staff believes the second criteria has been met. Recommendation It is recommended the Planning Commission recommend approval of the attached Resolution No. 98- amending 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 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. D. The proposed amendment is compatible with the adjacent land uses. It is recommended the Planning Commission recommend approval of the attached Ordinance No. 98- rezoning certain property form Rlc (Single Family Residential) 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). s:\planning\scott\zc98-10.doc Memo to Planning Commission November 24, 1998 Page 4 III 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. Ill • s:\planning\scott\zc98-10.doc N U. r • TDP OF TME WORLD PARK i , 4.iEI ��i!:_ Dlax VIES ok G. .-p `..�i f•'J j-Awry feleal 4 , ® �� • SW'. fpV glIME1111ft VA se ativis.,,,-0-, L_,Aisal ;iiiiii 1 rpm, .;..hy4p . - .1111 4' -IMP 4pkiAlromo .':uw .,.... 04% INN _.,os or iiu.ma 0,,T anis gm. , at---r 4etour .,, ..:. • vs* A,..„ 7 . 4'�'ir'`'r LOCATION 4. jig ' ' :- ------- -- --,,,.. off"...„,w..4t...;• 4471,W1211411Firli kliPMPUll MN •-. 7''"'• VONIIIV•'rig 3.4141,71 -.ilipivirra Bow,411111 011011.,„,1NIMO Ifiryi ' •---<<-4,E desINA • YY•• s.-�,I L!! i IK 41724 USW ��O ,.o 31(11016' m it:t __i,gigarAgodilk.Plirsviar 0,1 O :: moi --mmimpoi.:::71 taw , Av , .7* 7.-77 •;.c s;°f,• 11111 1111riiWW ,11. 7 Itilitzwer.3.* 14, lif,. _es mormit , ... _ ___..:__ -.A," mmal!! Vag iati up -.%miumumr.k MUM ,vii rel . " limpq .''":r311.. \-1111111111111 'w 11:11 CAI=inrigi 0:11.01 lite.li alai- LII PZ LaW Ric I 41.�y Ri i IN -.� a. • tar INI likkallibil rgin 12 � .... � G - -.111 ;_ ;TcK tuotis :Y.S �7sNsCi> ClFf , .:::",.,„,-;---2 -ittiVii, : -i:i'c, •' ..r, h �1 �� �� CO" FP•,[� � � ' J� '� PARK � w- ��,a�.'•.� /� Athuggi -c; -47, ..,,EL7.1 im .-- 1,--, . f� ♦ _ P. / -'..\.( - 1V E1i$hjver MAPZONING 13065 Orono Parkway • P.O.Box 490 CASE: LU 98-4 Elk River,MN 55330 • j �' ,V f'�f �! ,. • rK V I J�rip- /' .jNw r; r • . . . 1 ,....„.1•' It, 4, ; '44 -Y n,Chat ....-•-.... �aI .� 4....... _2 a -,,,i/L1 : y fir.. -,Abo/ s /v tR 1 f . 't .'s rl vY a L iii. .1" . i a ..-.'/•K"L'T"A+�• +'kew?' � A s i e1•+;' • l • � � ' 1":.'1,0' ,. N t Qr� l• • ^ • • t t U ft • :) 1' j . (I' • {; • i t !! cc l • <i f 4 • i l) iitliimm. IZ) NI n f 11 f. �. { f.' .� r 1 ,; 1f G �. • i • ,�.• •k rl ry fff ;L�� t �: `n' R sit ti f V (� _ jug• •A I h. rte\ • • .a al . t . • I wX}�1 L • I 1 •1. V TTT..(t1i I. Ff j. r 1,-1. a: f t c„ • • .4 .r • 479-5;EM#,V �1 ,1 u 1 ```,,, + 4 ik. µl441E4'• w if f f!+° 1r; r "' 1. • rG _ tg *i / l, .M`r r c rr•. s , -Is A.- d. 4.%+ l fl S We hereby certify that this is a true and correct representation of a survey -... of the boundaries of all that part of the Northeast Quarter of the Southwest Quarter of Section 28, Township 33, Range 26, Sherburne County, Minnesota lying Northerly Of the Northerly line of the right of way of County State Aid Highway f 1 and lying Easterly of the Easterly line of the right of way of the Burlington Northern, inc. Railroad. Containing 5.69 acres, more or less. Subject to that part thereof taken for Township Roads. This certificate does not purport to'sfrow improvements or encroachments, if any. As surveyed by me or under any direct supervision this 18th day of July, 197 7. (.1, f 9 . John 0. Oliver, Land Surveyor • Minnesota Registration No. 8194 FROM GRAY PLANT MOOTY MOOTY & BENNETT (#3) (SAT) 10. 224' 92 12 : 05/ST. 12:02/NO. 42612216E71 P 3 3400 CITY CENTER CONSULTING OFFICE,BEIJING CHINA 33 SOUTH SIXTH STREET MINNEAPOLIS, MN 55402-3796 • _ • 612 343-2800 FAx 612 333-0066 WEB SITE: www.gpmlaw.com Malcolm D.Reid 612 343-5378 October 23, 1998 Planning Commission City of Elk River 13065 Orono Parkway Elk River, MN 55330 • Dear Planning Commission, Our firm represents Lyle Talbot, who is seeking a change in zoning for his property in Elk River. Mr. Talbot's property is currently zoned Rlc residential. He seeks to change the zoning to C-`{commercial. This letter of explanation outlines the reasons why he is seeking the zoning change. Mr. Talbot's property, located south of the Lafayette Woods project, has been negatively impacted by recent city and developer projects. Encroachment onto the north portion of his property occurred in connection with the new trail in the 193rd Avenue right-of-way. Two means of ingress and egress on the north side of his property were eliminated as a result of the closing of 193rd Avenue. The street to the west of his property has been moved in an easterly direction so that it now appears to be encroaching on the westerly boundary of Mr. Talbot's property. Additionally,a substantial amount of soil was removed from Mr. Talbot's property. We request a change in the zoning of Mr. Talbot's property from R1 c residential to C- commercial with two accesses provided on the northside, one on the eastside of his property adjacent to the boundary between Mr. Talbot's property and the adjoining owner's property and one at the westside of the northern boundary. • Mr. Talbot requests that the zoning be changed due to the changed circumstances in the vicinity of the site, the size of the site, and the compromised access to the site. The site is GRA), PLANT, MOOTY, MOOTY & BENNETT, PA. 1TTOTINEls .IT L lry City of Elk River • Page 2 October 23, 1998 approximately 5.6 acres along a busy highway; the lot is small in size and particularly narrow from north to south. The location and dimensions of the land are not compatible with residential use. Furthermore, the surrounding developments are medium density housing and industrial, both of which will require the services offered by a commercially developed site. Mr. Talbot also requests the City of Elk River to state its agreement, in writing,that Mr. Talbot's property may be accessed on the north side by two accesses. Sincerely, GRAY, PLANT, MOOTY, MOOTY & BENNETT, P.A. r OBy #P,,( ��l Malcolm D. Reid MDR/jcd GP:527200 v l • i . Car, RV and marine sales i i . Nonprofit clubs, lodges, or halls ivLicensed daycare facilities v. `Institutional uses vi. Equipment rental businesses vii. Commercial recreational facilities viii .Auto repair shops ix. Shopping centers • x. On-sal liquor establishments xi . Governmental buildings and facilities xii. Veterinar ` clinics xiii. Car Was s xiv. Restau/ants (Class II) IIIxv. Moto vehicle service stations xvi . Mot r vehicle specialty shops xvii.Thrapeutic massage and sauna establishments xviii .it umber Yard xix. Pawnshops (250 foot setback from any residential zone and 500 foot setback from schools, parks, daycare cen ers, churches and other pawnshops, measured from th property line) \ x . Hotels and motels xi . Restaurants (Class I) 13 . C4 - Neighborhood Commercial :*1 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 III that traffic does not impact local streets . In order for development to occur within this district, public sanitary sewer, 9.32 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 . 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. • 933 • CITY OF ELK RIVER RESOLUTION NO. 98 - A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM MR (MEDIUM DENSITY RESIDENTIAL) TO CC (COMMUNITY COMMERCIAL) CASE NO. LU 98-4 WHEREAS, Minnesota Statutes, Chapter 462.355, Subdivision 2, prescribes the procedure for amending the Comprehensive Plan, and WHEREAS, the Planning Commission held a public hearing November 21, 1998, and recommended approval regarding the Comprehensive Plan amendment request for the property generally described as: See Attached Exhibit A and, • WHEREAS, the City Council has reviewed the Comprehensive Plan amendment request and finds the change to be in general conformance to the adopted Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River that the Land Use Plan be amended to change the property as described above from MR (Medium Density Residential) to CC (Community Commercial). PASSED by the City Council of the City of Elk River this day of , 1998. Henry A Duitsman, Mayor ATTEST: Sandra A. Peine, City Clerk III s:\document\resoluti\1u98-4.doc Exhibit A • That part of the Northeast Quarter of the Southwest Quarter of Section 28, Township 33, Range 26, Sherburne County, Minnesota lying Northerly of the Northerly line of the right of way of County State Aid Highway#1 and lying Easterly of the Easterly line of the right of way of the Burlington Northern, Inc. Railroad. Contain 5.69 acres, more less. Subject to that part thereof taken for Township Roads. • • ill, ORDINANCE 98 - CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R1C (SINGLE FAMILY RESIDENTIAL) TO C4 (COMMUNITY COMMERCIAL) CASE NO. ZC 98-10 The City Council of the City of Elk River does hereby ordain as follows: Section 1. The duly adopted Zoning Map of the City of Elk River is hereby amended to rezone the property described as: See Attached Exhibit A Section 2. The rezoning is being approved based on the following findings: 1. The rezoning is consistent with the Comprehensive Land Use Plan designation of CC (Community Commercial). ID 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. Section 3. That this Ordinance shall take effect and be in full force from and after the date of its publication. Passed and adopted this day of , 19 by the City Council of the City of Elk River. Henry A. Duitsman, Mayor ATTEST: • Sandra A. Peine, City Clerk s:\document\ordinanc\oa98-10.doc • Exhibit A That part of the Northeast Quarter of the Southwest Quarter of Section 28, Township 33, Range 26, Sherburne County, Minnesota lying Northerly of the Northerly line of the right of way of County State Aid Highway#1 and lying Easterly of the Easterly line of the right of way of the Burlington Northern, Inc. Railroad. Contain 5.69 acres, more less. Subject to that part thereof taken for Township Roads. Ill