6.8 ,fir
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Item# 6.8.
Iry of / MEMORANDUM
1kRiver TO: Planning Commission
r
FROM: Scott Harlicker, Planning Assistan We
Aw
DATE: November 24, 1998
SUBJECT: Request by Riverside Development
for Rezoning from Rlc to R3, Public
Hearing Case No. ZC 98-11
Request
Consider a request by Riverside Companies to rezone certain property from
Ric (Single Family Residential) district to R3 (Townhouses and Multiple
Residential) district.
Location
IllThe property is located northwest of County Road 13, east of Barrington
Place Planned Unit Development
Zoning/Land use
Rlc (Single Family Residential) / MR (Medium Density Residential)
Attachments
• Ordinance No. 98-
• Location map
• Map of property boundaries
• Legal description
• Letter from applicant
• List of allowed uses
Overview
The property is located at the northeast corner of County Road 13 and 5th
street. It is about 24 acres in size and is currently zoned Ric. The applicant is
proposing to rezone the property to R3 to allow for future development as
. townhouses. The current land use designation is MR (Medium Density
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 98-11
November 24, 1998
Page 2
Residential) which allows for property to be developed at R3 density. The
applicant has not submitted plans for the townhouse development at this
time.
The property is rolling hills. The south portion of the property is wooded with
a small pond and associated wetland. The northern portion of the site is
cultivated cropland and the eastern portion of the site is mostly wooded with
some lowlands. There is a drainage ditch which cut diagonally across the
northeast corner of the site. The property is horseshoe shaped and it
surrounds 2 wooded single family lots. The single family lots are about 2
acres in size.
Adjacent land uses and zoning
Adjacent land use designations include Medium Density Residential and
Light Industrial. The property to the west is Medium Density Residential, as
are the 2 single family lots. To the east and south is Light Industrial and
Medium Density Residential and to the north is Medium Density Residential.
Adjacent zoning districts include PUD on the west, Rlc on the north and I1
and Rlc on the east.
• Adjacent land uses include Barrington Place townhouses and single family
residences to the west, cropland to the north, Industrial Hardfacing and
farmland to the east. As part of the recently approved Trott Brook Farms
PUD, townhouses proposed along County Road 13 to the east of this site.
The proposed zoning would be compatible with the adjacent land uses and
zoning.
Access
Possible access to the site could be from County Road 13 on the east, the cul
de sac from Line Avenue on the north and from 6th Street on the west. The
proposed east Elk River collector (Tyler Street) is proposed to intersect with
County Road 13 near the eastern boundary of the property.
Utilities
The property is within the urban service area. Municipal sewer and water are
likely to be available through the Trott Brook Farms development. Once
services has been extended through that project up to County Road 13 they
will become available to this property.
•
\\elkriver\sys\shrdoc\planning\scott\zc98-11.doc
Memo to Planning Commission/ZC 98-11
November 24, 1998
Page 3
• R3 zoning district
The R3 - Townhouse and Multiple Residential Zoning District is intended to
provide a residential area which allows a wide range of housing at a medium
density. Residential housing options include single family, two family,
townhouses and multiple family dwellings. Given the adjacent land uses and
zoning districts, staff feels the proposed rezoning fits in with the purpose of
the R3 zoning district. A list of allowed 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 Ordinance No. 98- rezoning certain property form Rlc (Single
Family Residential) to R3 (Townhouses and Multiple Residential) district.
• based on the following findings:
1. The rezoning is consistent with the Comprehensive Land Use Plan
designation of MR (Medium Density Residential).
2. Times and conditions have changed to warrant the development of this
property as R3 residential.
3. The property is adjacent to a minor arterial which can meet the
transportation needs of development allowed under the R3 zoning district.
4. The proposed R3 zoning district is compatible with the adjacent zoning
districts.
5. The property is within the urban service area.
•
\\elkriver\sys\shrdoc\planning\scott\zc98-11.doc
• 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 R3 (TOWNHOUSE/MULTIPLE FAMILY RESIDENTIAL)
CASE NO. ZC 98-11
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 MR(MEDIUM DENSITY RESIDENTIAL).
i2. TIMES AND CONDITIONS HAVE CHANGED TO WARRANT THE DEVELOPMENT OF
THIS PROPERTY AS R3 RESIDENTIAL.
3. THE PROPERTY IS ADJACENT TO A MINOR ARTERIAL WHICH CAN MEET THE
TRANSPORTATION NEEDS OF DEVELOPMENT ALLOWED UNDER THE R3 ZONING
DISTRICT.
4. THE PROPOSED R3 ZONING DISTRICT IS COMPATIBLE WITH THE ADJACENT
ZONING DISTRICTS.
5. THE PROPERTY IS WITHIN THE URBAN SERVICE AREA.
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 , 1998 by the City
Council of the City of Elk River.
Henry A. Duitsman, Mayor
ATTEST:
II Sandra A. Peine, City Clerk
s:\document\ordinanc\frm-zc.doc
•
EXHIBIT A
That part of the Southwest Quarter of the Northwest -
Quarter lying North of County Road No. 13 in Section 35,
Township 33, Range 26, except the following described
part thereof: Commencing at the intersection of the West
line of said Section 35 and the extension Southwesterly
of the tangent to the center line of County State Aid
Highway No. 13, which point is 58.33 feet South of the
Southwest corner of said Southwest Quarter of the
Northwest Quarter; thence North 54 degrees 09 minutes
East along said extension and center line 704 . 79 feet to
the actual point of beginning of the tract to be
described; thence continue North 54 degrees 09 minutes
East along said center line 550 . 0 feet; thence North 35
degrees 51 minutes West a distance of 396 feet to an iron
pipe as set for property corner; thence South 54 degrees
09 minutes West parallel with said center line 550 . 0 feet
more or less to an iron pin set as property corner;
thence South 54 degrees 09 minutes East to the point of
beginning. Subject to road easement over the
Southeasterly 33 feet thereof.
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13065 Orono Parkway •P.O. Box 490 CASE: ZC 98-11
Elk River, MN 55330
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EXHIBIT A
That part of the Southwest Quarter of the Northwest -
Quarter lying North of County Road No. 13 in Section 35,
Township 33, Range 26, except the following described
part thereof: Commencing at the intersection of the West
line of said Section 35 and the extension Southwesterly
of the tangent to the center line of County State Aid
Highway No. 13, which point is 58 .33 feet South of the
Southwest corner of said Southwest Quarter of the
Northwest Quarter; thence North 54 degrees 09 minutes
East along said extension and center line 704 . 79 feet to
the actual point of beginning of the tract to be
described; thence continue North 54 degrees 09 minutes
East along said center line 550 . 0 feet; thence North 35
degrees 51 minutes West a distance of 396 feet to an iron
pipe as set for property corner; thence South 54 degrees
09 minutes West parallel with said center line 550 . 0 feet
more or less to an iron pin set as property corner;
thence South 54 degrees 09 minutes East to the point of
beginning. Subject to road easement over the
Southeasterly 33 feet thereof.
•
•
11/20/1998 11:00 2411399 RIVERSIDE COMPANIES PAGE 01
RIVERSIDE COMPANIES
November 19, 1998
Scott Harlicker
City of Elk River
P.O. Box 490
Elk River, MN 55330
RE; Property description: North of County Road 13, south of the 187th Avenue alignment,
and East of the Zane Street alignment.
Dear Scott:
I would like to request the rezoning of the above referenced property from R1C (single family
residential)to R3 (a medium density residential). Our plan is to develop two 4 unit attached
• townhouses over the next 3 years. I feel this use will blend well with thetownhouse development
to the west and the proposed townhouse development to the east. The R3 zoning does fit the
"medium density residential" land use.
Thanks •r your consideration of this proposal!
Si - ly,
1' 'chard C. Foster
Phoenix Enterprises, Chief Manager
•
IP
19230 Evans Street Elk River, MN 55330
(612)241-1801 Fax (612)241-1399
vi. Public parks, playgrounds and en space
• vii . Permitted home occupationin single family
dwellings ys'"
B. esso Uses
i . •ublic shelters afid essential services
ii . Ga '' •es and sheds
iii . Privat recreational facilities
C. Conditional .Vse'
i . ConOitional he:,,e occupations in single family
dwellir} s
ii. etal skinned buil.;' gs
i. Institutional uses
. iv. Governmental buildings an. acilities
v. Licensed daycare facilities with 13 or more
children in institutional buildings
. vi . Zero lot line development
4E4 R-3 - Townhouses and Multiple Residential District
STATEMENT OF PURPOSE: This District is intended to provide a
residential area which allows a broad range of housing types
(townhouses, apartments, etc. ) of medium density multifamily
units in areas served by public sanitary sewer, storm sewer, and
municipal water. PUD recommended.
A. Permitted Uses
i . Single family dwelling
ii . Two family dwellings
iii . Townhouses and multiple family dwellings (12
units per structure maximum)
iv. Model homes in compliance with Section 900 .20,
Subsection 13
v. Licensed daycare facilities for 16 or fewer
children
• vi . Public parks, playgrounds and open space
9.26
III vii . Permitted home occupations in single family
dwellings
B. Accessory Uses
i . Public shelters and essential services
ii. Garages and sheds
iii. Private recreational facilities
C. Conditional Uses
i . Mobile home parks
ii. Metal skinned buildings
iii. Licensed daycare facilities for 17 or more
children
iv. Governmental buildings and facilities
v. Institutional uses
vi. Boarding house
vii . Mini Storage
• viii .Conditional home occupations in single family
dwellings
ix. Zero lot line development
9. --4 - General Multi.le Famil Residential Dist
STATEMENT ' ' PURPOSE: This District is inte , to create,
preserve, an. enhance areas for multifamil,,}p^u
..se of higher
densities for iv h permanent and transignt families, in areas
served by public ' . ;nitary sewer, storm sewer, and municipal
water, with good acs•.-, sibility to thoroughfares, public community
centers, libraries, s >'.ping centers and employment centers, and
where such development ::,s� 15e Growth Management Plan. PUD
Recommended. ..
A. Permitted Utes
i . ., angle family dwel ..gs
Two family dwellings
iii. Townhouse dwelling (12 unit - -r structure
maximum)
//
• iv. Multiple family dwellings
9.27