5.8 PCSR 12-01-1994 PQ --` :NDA ITEM 5.8
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MEMORANDUM
TO: PLANNING COMMISSION
FROM: GARY SCHMITZ, PLANNING ASSIST. Ge-4,1
DATE: JUNE 28, 1994
SUBJECT: LAND USE AMENDMENT AND ZONE
CHANGE REQUEST BY DENNIS
ANDERSON, PUBLIC HEARING, CASE
NO. LUA 94-05 AND ZC 94-06
REQUEST
Dennis Anderson is requesting to amend the Comprehensive Land Use Plan
from MR (Medium Density Residential) to HB (Highway Business). The
request also involves rezoning from Ric (Single Family Residential) to C3
• (Highway Commercial).
LO CATION
Outlot A, Brentwood Subdivision, Sherburne County, MN (southwest corner
of 197th and Highway 169)
ATTACHMENTS
Location Map, Zoning Map, Land Use Map, City Council minutes dated
March 3, 1980, page V13 of the existing Growth Management Plan
BACKGROUND
Outlot A of the Brentwood Subdivision, a vacant seventeen (17) acre outlot, is
currently zoned Rlc (Single Family Residential) with an underlying land use
of MR (Medium Density Residential). The Brentwood Subdivision was
platted in 1980 into 101 single family lots with an average lot size of
approximately 2 to 2 1/2 acres. The request involves a rezoning and land use
amendment from Ric (Single Family Residential) and MR (Medium Density
Residential) to C3 (Highway Commercial) and HB (Highway Business).
III
P.O. Box 490 • 13065 Orono Parkway • Elk River. MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Anderson, ZC & LUA Page 2
June 28, 1994
•
1.1
HISTORY OF OUTLOT A
Research into the Brentwood Subdivision shows that very few details on the
future use of Outlot A were recorded. The minutes of the March 3, 1980, City
Council meeting indicated that the future use of Outlot A. was discussed. The
applicant indicated at this meeting that the plans for the use of the outlot
were dependent upon community plans and needs. However, the current
land use designation and zoning classifications indicate that the site was
planned for single family residential. Attached is a copy of these minutes.
Staff could not find any further recorded information on the future intended
use of the subject site.
OVERVIEW
The subject property is a relatively flat, treeless seventeen acre parcel. The
outlot is encompassed on all sides by residentially zoned property. To the
north and west, parcels are zoned Rla, which has a minimum lot size of 2 1/2
acres. To the east, parcels are zoned Rle with a minimum lot size of 20,000
square feet in size. To the south, Ric, which has a minimum lot size of •
10,000 square feet. The nearest commercial property is the Hillside
Commercial PUD located on the east side of Highway 169, and south of the
Brentwood Subdivision. Current access to the site is limited to 197th Street
and Irving Avenue. Outlot A is the only portion of the Brentwood
Subdivision which is currently planned for City services. However, this site
does not have City services available at this time.
ZONING
The statement of purpose of the C3 (Highway Commercial) zoning district is
to recognize the need for commercial establishments on or serving with
immediate accesses to major highways. Permitted land uses should take
advantage of the highway access in a manner in which other business
districts are not afforded. It is important to note that this rezoning is not tied
to any specific development proposal and therefore, the Commission must
consider the entire spectrum of potential uses allowed in the C3 district. The
Elk Park Center and Hillside Commercial subdivision, although both are
zoned PUD, have an underlying land use of HB (Highway Business) and offer
a valid comparison of the type of development that could occur on this
particular site.
Staff is concerned that rezoning this parcel to such an intensive commercial •
district could disrupt the residential qualities of the adjacent area. The
anderson.pc
Anderson, ZC & LUi Page 3
June 28, 1994
• subject property has been zoned single family residential and residents in the
area have purchased property with the understanding that it would develop
as residential. A C3 zoning designation may be too intense of a land use to
adequately blend with the surrounding low density residential.
TRAFFIC
Another major issue to consider before rezoning this site is traffic. It is
anticipated that the major access to this site will be from 197th Avenue,
which intersects with Highway 169. This intersection is currently not
signalized and is not planned to be signalized, which will make travel to and
from this site very difficult. It is also anticipated that the commercial traffic
generated from this site could impact neighboring residential streets. Lack of
direct access to Highway 169, coupled with the inability to utilize a frontage
road concept for this site, leads to serious questions as to how commercial and
residential traffic would integrate. The Elk Park Center and Hillside
Commercial subdivision both have a frontage road concept which will direct
traffic away from residential areas. However, the subject site without direct
access to Highway 169 will generate additional traffic to the residential
streets.
• GROWTH MANAGEMENT PLAN
The Growth Management Plan (adopted in 1988) identified the area on the
east side of Highway 169 between 193rd and 197th as having the potential
for commercial uses, however, the subject property was identified for medium
density residential. One of the goals of the Growth Management Plan was to
limit strip or scattered commercial operations along the City's major
roadways. The subject site is physically separated from any planned or
developed commercial property and would conflict with that goal.
The Growth Management Plan is currently in the process of being updated by
the City. One of the components of this review will be to analyze the need for
future highway commercial growth areas and determine if the existing
supply of highway commercial property is adequate to serve the City's future
needs. A second component of the study will deal with the possibility of
creating a neighborhood commercial zoning district designed to provide
convenience and service establishments for the residential neighborhoods.
Attached is a copy of page V13 of the existing Growth Management Plan in
which the neighborhood commercial zoning district concept and the possible
future need for this type of zoning designation is discussed.
•
anderson.pc
Anderson, ZC & LUA Page 4
June 28, 1994
•
Until these two components are fully studied, staff feels it is premature to
consider amending the land use plan map and rezoning of this parcel without
the benefit of this comprehensive study.
RECOMMENDATION
Before any rezoning or land use amendment is approved, one of two findings
must be made:
1. There was an error in the original zoning designation, or
2. The times and conditions have changed such that the original
designation is no longer valid.
It is premature to argue either finding until the study of the Growth
Management Plan is completed. Therefore, staff is recommending the land
use plan amendment and rezoning request by Dennis Anderson be denied
based on the following reasons:
1. The Growth Management Plan Goals and Policies state that
commercial development should be located to strengthen the •
downtown area and strip or scattered commercial site along
major roadways be avoided.
2. The proposed rezoning would allow potential intensive
commercial activities immediately adjacent to existing
residential areas. Without a natural buffer or physical
separation, the compatibility of highway business and low
density residential is questionable in this location.
3. The need for additional highway commercial within the
Highway 169 corridor, as well as the possibility of a
neighborhood commercial designation are currently being
studied with the updating of the City's Growth Management
Plan. Therefore, a decision on the appropriateness of
commercial in the subject area should be delayed until the
updated comprehensive study is completed.
4. The traffic issues, such as the lack of a signalized intersection at
the corner of 197th and Highway 169, and the lack of direct
access to Highway 169, along with the inability to utilize a
frontage road concept for this site led to concerns as to how .
commercial traffic will integrate with the residential
neighborhood.
anderson.pc
Planning Commission Minutes n .n Page 9
June 28, 1994 'LAI' i�` '�
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• 4. POND BE NO DEEPER THAN FOUR (4) TO FIVE (5) FEET IN DEPTH, EXCEPT IN
CURRENT POND AREAS, WHERE POND DEPTH IS ESTIMATED AT SIX (6) FEET
DEEP.
5. ALL EXCAVATION OR FILLING SHALL NOT DISRUPT THE OVERALL DRAINAGE
PATTERNS FOR THE AREA.
6. CONTRACTOR AND PROPERTY OWNER WORK WITH THE DEPARTMENT OF
NATURAL RESOURCES TO CONSTRUCT A POND THAT IS BENEFICIAL TO
WILDLIFE.
7. APPROVAL OF THIS RECOMMENDATION BE CONTINGENT UPON APPROVAL
BY THE U.S. ARMY CORPS OF ENGINEERS AND THE MINNESOTA DEPARTMENT
OF NATURAL RESOURCES.
8. PROJECT BE COMPLETED IN ONE(1) CONSTRUCTION SEASON.
9. HOURS OF OPERATION BE WITHIN CITY CODE REQUIREMENTS.
10. FENCING BE PLACED AROUND EXISTING OAK TREES TO PREVENT DAMAGE
WHEN EXCAVATED SOIL IS SPREAD THROUGHOUT THE APPLICANTS
PROPERTY.
11. PROPOSED ISLAND REMAIN UNEXCAVATED AREA.
• COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 6-0.
Commissioner Kreger stated that due to a conflict of interest, he would abstain from
discussion and voting on the next item, Agenda Item 5.8.
5.8 Consider a Land Use Amendment and Zone Change request by Dennis Anderson,
Pubic Hearing, Case No. LUA 94-5 and ZC 94-6
Staff report presented by Gary Schmitz. Dennis Anderson requested to amend
the Comprehensive Land Use Plan from MR (Medium Density Residential) to HB
(Highway Business). The request also involves rezoning from R 1 c (Single Family
Residential) to C3 (Highway Commercial).
Dennis Anderson addressed the Planning Commission regarding traffic concerns,
the southern parcel he owns, and access to the subject parcel.
Chairman Tveite opened the public hearing.
Jeff Peltier, 11965-195 Circle, Brentwood, Elk River, stated that the proposed outlot
was originally designated residential and he is opposed to this type of proposal.
Mike Fox, 11747-197 Avenue, Elk River, asked staff to define the term
"Neighborhood Commercial." Gary Schmitz explained.
• Bob Sturgis, 11789-197 Avenue, Elk River, expressed his concerns regarding traffic;
opposed to this proposal.
AppgyeEl
Planning Commission Minutes Page 10
June 28, 1994
Gary •
Kleis, 19815 IrvingAvenue, Elk River, iteratedprevious concerns; opposed to
this proposal.
Paul Ostmoe, 19644 Irving Avenue, Elk River, stated he is opposed to commercial
development in that area and he is opposed to this project.
Dale Miller, 11795-196 Avenue, Elk River, iterated previous concerns; opposed to
this proposal.
Ken Williams, 19762 Brentwood Lane, Elk River, commended Dennis Anderson for
the quality of previous projects, however, he is opposed to this type of project in a
residential neighborhood.
Dan Schwark, 19785 Irving Avenue, Elk River, opposed to this proposal.
Phil Johnson, 19400 Holt Street, Elk River, presented the Planning Commission with
signatures of area residents stating they were opposed to this proposal. Mr.
Johnson stated he is opposed to this proposal.
Doug Waletzko, 19688 Ulysses St., Elk River, stated he is opposed to this project.
Rolf Anderson, 19411 Irving Circle, Elk River, iterated previous concerns and
asked the Planning Commission to take into consideration that this is a residential
neighborhood. Mr. Anderson continued that this is an outlot in a residential •
neighborhood and the surrounding residents do not wont commercial
development in this location. Mr. Anderson is opposed to this proposal.
Sue Weiser, 11696-197 Avenue, Elk River, stated she is opposed to this project.
Dennis Anderson explained his request and reason for the zone change and land
use amendment.
Jeff Peltier, 11965-195 Circle, Elk River, questioned staff regarding the notice to
surrounding residents. Mr. Peltier did not feel the 350 foot radius is sufficient in all
cases. Peter Beck explained the notification radius is mandated by the State.
Ken Lueck, 11388-198 Avenue, Elk River, iterated previous concerns; opposed to
this project.
Jenny Stone, 19783 Lowell Street, Elk River, iterated previous concerns; opposed to
this project.
There being no further comments from the public, Chairman Tveite closed the
public hearing.
COMMISSIONER MINTON RECOMMENDED DENIAL OF THE LAND USE AMENDMENT
AND ZONE CHANGE REQUEST BY DENNIS ANDERSON, PUBLIC HEARING, CASE NO.
LUA 94-5 AND IC 94-6, CITING STAFF'S MEMO AS FINDING OF FACT. DENIAL IS
RECOMMENDED BASED ON CONSIDERABLE PUBLIC OPPOSITION WITH THE •
FOLLOWING REASONS:
Planning Commission Minutes Page 11
June 28, 1994 .
1. THE GROWTH MANAGEMENT PLAN GOALS AND POLICIES STATE THAT
COMMERCIAL DEVELOPMENT SHOULD BE LOCATED TO STRENGTHEN THE
DOWNTOWN AREA AND STRIP OR SCATTERED COMMERCIAL SITE ALONG
MAJOR ROADWAYS BE AVOIDED.
2. THE PROPOSED REZONING WOULD ALLOW POTENTIAL INTENSIVE
COMMERCIAL ACTIVITIES IMMEDIATELY ADJACENT TO EXISTING RESIDENTIAL
AREAS. WITHOUT A NATURAL BUFFER OR PHYSICAL SEPARATION, THE
COMPATIBILITY OF HIGHWAY BUSINESS AND LOW DENSITY RESIDENTIAL IS
QUESTIONABLE IN THIS LOCATION.
3. THE NEED FOR ADDITIONAL HIGHWAY COMMERCIAL WITHIN THE HIGHWAY
169 CORRIDOR, AS WELL AS THE POSSIBILITY OF A NEIGHBORHOOD
COMMERCIAL DESIGNATION ARE CURRENTLY BEING STUDIED WITH THE
UPDATING OF THE CITY'S GROWTH MANAGEMENT PLAN. THEREFORE, A
DECISION ON THE APPROPRIATENESS OF COMMERCIAL IN THE SUBJECT
AREA SHOULD BE DELAYED UNTIL THE UPDATED COMPREHENSIVE STUDY IS
COMPLETED.
4. THE TRAFFIC ISSUES, SUCH AS THE LACK OF A SIGNALIZED INTERSECTION AT
THE CORNER OF 197TH AND HIGHWAY 169, AND THE LACK OF DIRECT
ACCESS TO HIGHWAY 169, ALONG WITH THE INABILITY TO UTILIZE A
FRONTAGE ROAD CONCEPT FOR THIS SITE LED TO CONCERNS AS TO HOW
COMMERCIAL TRAFFIC WILL INTEGRATE WITH THE RESIDENTIAL
411
NEIGHBORHOOD.
COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 5-1,
Commissioner Kreger abstained.
5.9 Consider a Zone Change Request by Riverside Development, Public Hearing,
Case No. ZC 94-07
Staff report presented by Steve Ach. Riverside Development requested a
rezoning of approximately forty (40) acres from Rle (Single Family Residential) to
PUD (Planned Unit Development).
Chairman Tveite opened the public hearing.
Doug Waletzko, 19688 Ulysses Street, Elk River, asked staff to explain the term PUD
(Planned Unit Development).
Ken Lueck, 11388-198 Avenue, Elk River, does not feel the rezoning request
should be approved just for density purposes.
Matt Timinski, 11260-198 Avenue, Elk River, expressed concerns regarding traffic
and density issues.
Sharon Waletzko, 19688 Ulysses Street, Elk River, asked staff for further details
regarding the back of the proposal.
• There being no further comments from the public, Chairman Tveite closed the
public hearing.
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