5.14 & 5.15 • `
Item #'s 5.14. & 5.15.
City of
Elk River MEMORANDUM
TO: Planning Commission
FROM: Scott Harlicker, Senior Plan
DATE: February 27, 2001
SUBJECT: Case No.'s LU 00-6 and ZC 00-7
Request by City of Elk River for Land Use Amendment and Rezoning
For Cargill Property
Request
Consider a request by the City of Elk River for an amendment to the land use
plan to change the land use designation of certain property from LR (Low Density
Residential) and LI (Light Industrial) to A (Agricultural) and to change the zoning
of the same property from R1a (Single Family Residential) and L1 (Light
• Industrial) to AR (Agricultural Research). The proposed land use plan
amendment also includes adjusting the urban service boundary so that the new
AR zoning district is not included in the urban service area.
Location
That portion of Cargill property located east of the Burlington Northern Railroad
tracks or south of 165tn Avenue and east of Highway 10/169.
Zoning/Land Use
R1a (Single Family Residential) and L1 (Light Industrial) / LR (Low Density
Residential) and LI (Light Industrial)
Attachments
• Location map
• Map of property showing existing and proposed zoning districts
• Map of property showing existing and proposed land use designations
• Copy of the proposed AR (Agricultural Research) District
• Map of urban service district to be relocated
•
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone (763)441-7420 • Fax (763) 441-7425
Memo to Planning Commission/LU 00-6&ZC 00-7
February 27, 2001
Page 2
• Overview
Background
The City of Elk River, in cooperation with Cargill, is proposing a land use plan
amendment and rezoning of Cargill's property that is located east of the
Burlington Northern Railroad tracks or south of 165th Avenue and east of
Highway 10/169. The proposal is to change the land use designation from LR
(Low Density Residential) and LI (Light Industrial) to A (Agricultural) and rezone
the property from RI (Single Family Residential) and 11 (Light Industrial) to AR
(Agricultural Research). Cargill's property west of the railroad tracks and north of
165th Avenue is not part of this request.
The urban service boundary will also be adjusted so that the area to be rezoned
is not part of the urban service area. The urban service boundary currently
corresponds with the existing boundary between the 11 district and the R1a
district east of the railroad tracks. The City is proposing to move the boundary to
the west so that Cargill property east of the railroad tracks is not part of the urban
service area. The property south of 165th Avenue is not currently part of the
urban service area.
The City and Cargill have been negotiating the status of Cargill's property for
several years. Those discussions have also included the zoning of their property,
and how to best define, for zoning purposes, the animal nutrition center, and
whether any or all of it should be within the urban service district. As a result of
those negotiations, the City is proposing a new zoning district AR (Agricultural
Research) and new definition for animal, nutrition and agricultural research that
would apply to Cargill's property identified previously, The establishment of the
AR district and definition for animal, nutrition and agricultural research are the
subject of a separate, but related, request.
Analysis
The subject of this particular request is the land use plan amendment and zone
change to implement the new AR zoning district. Cargill owns approximately 980
acres in southern Elk River (see attached map). Of those 980 acres, about 820
acres are the subject of the proposed rezoning and land use plan amendment.
The urban service boundary will also be adjusted so that the property zoned AR
is not within the urban service district. The remaining 160 acres are not included
in this request and their current zoning and land use designation will not be
changed.
The Cargill property included as part of this request consists of crop fields, the
nutrition center and 2 single family dwellings. Most of the property is used as
crop fields; the two single family homes are occupied by Cargill employees and
• also function as caretaker residences.
S:\PLANNING\SCOTT\ZC007.DOC
Memo to Planning Commission/LU 00-6&ZC 00-7
February 27,2001
Page 3
• The proposed A (Agricultural Conservation) land use designation seems most
appropriate because it fits best with Cargill's and the City's long range plans for
this area. The long range plans are for continued agricultural use in the form of
the animal, nutrition and agricultural research center. The proposed land use
designation is consistent with the Comprehensive Plan in that it will help preserve
agricultural uses in the City, it will promote orderly development consistent with
the semi-rural character of the City and it reflects the long range plans of the
property.
The proposed change to the urban service boundary is also consistent with the
Comprehensive Plan in that it will encourage the extension of sewer lines on a
cost effective basis without undue burden on the taxpayers. It will also reflect the
new Agricultural land use designation.
The proposed AR zoning would allow Cargill to continue the current operation as
an allowed conditional use. It will be consistent with the proposed land use
designation of Agricultural and will also reflect the changing conditions affecting
the Cargill property. The proposed zone change is compatible with the adjacent
zoning districts.
Recommendation
Staff recommends the Planning Commission recommend approval of the
• following:
• Proposed amendment to the Comprehensive Land Use Plan changing the
land use designation from LI (Light Industrial) and LR (Low Density
Residential) to A (Agricultural Conservation);
• Proposed amendment to the Comprehensive Land Use Plan changing
the urban service boundary so that the property with the land use
designation of A (Agricultural Conservation) is not included in the urban
service area;
• Proposed zone change from 11 (Light Industrial) and R1 a (Single Family
Residential) to AR (Agricultural Research).
The proposed amendments to the Land Use Plan are based on the following
finding:
• The proposed changes to the land use map are consistent with the
Comprehensive Plan because:
1. The proposed amendments promote an orderly development pattern
consistent with the semi-rural character of the community.
2. The proposed amendments will help preserve agricultural uses in the
City.
3. The proposed amendments reflect the long range plans for the
property.
S:\PLANNING\SCOTT\ZC007.DOC
Memo to Planning Commission/LU 00-6&ZC 00-7
February 27, 2001
Page 4
• 4. The proposed amendments will encourage the extension of sewer
lines on a cost effective basis without undue burden on taxpayers.
The proposed zone change is based on the following findings:
1. The proposed rezoning is consistent with the Comprehensive Land Use
Plan designation of A (Agricultural).
2. The conditions have changed to warrant the preservation of this property
as agricultural.
3. The proposed rezoning is compatible with the adjacent zoning districts.
4. The property is outside the urban service area and will not be serviced by
municipal sewer and water.
11111
•
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• Agricultural Research District
Statement of Purpose: The Agricultural Research District is established for the
purpose of preserving and maintaining the use of land for agricultural research.
A. Permitted Uses
1. Single Family Dwellings
2. Roadside sales stands — in connection with approved agricultural research
facilities
3. Public parks, playgrounds and open space
B. Accessory Uses
1. Garages and sheds as accessory to a single family dwelling
2. Public shelters and essential services
3. Private recreational facilities
C. Conditional Uses
1. Agricultural research facilities and uses
• Standards
A. Minimum lot size — forty (40) acres
B. Building Setbacks (minimum)
Front Yard — 50 feet
ii. Side Yard — 50 feet
iii. Rear Yard — 50 feet
C. Maximum Building Height — 40 feet
D. Parking Lot Setbacks
Front Yard — 50 feet
ii. Side Yard — 50 feet
iii. Rear Yard — 50 feet
E. Landscaping
Landscaping shall be provided in accordance with Section 900.30
• of the Zoning Code.
• F. Signage
i. In addition to complying with Section 900.22 of the Zoning Code,
the following requirements shall be met:
a. One freestanding monument style sign shall be allowed not to
exceed 10 feet in height and 64 square feet in sign area.
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SPEICE BOUNDARY RVN imp am as
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13065 Orono Parkway • P.O. Box 490
Elk River, MN 55330
02/23/01 FRI 16:00 FAX FAX LC7000 [ 002
DORSEY & WHITNEY LLP
MINNEAPOLIS PILLSBURY CENTER SOUTH BILLINGS
NEW YORK 220 SOUTH SIXTH STREET GREAT FALLS
SEATTLE MINNEAPOLIS,MINNESOTA 55402-1498 MISSOULA
DENVER TELEPHONE: (612) 340-2600 BRUSSELS
WASHINGTON,D.C. FAX: (612) 340-2868 .. FARGO
DBS MOINES HONG KONG
ANCHORAGE ROCHESTER
LONDON GREGORY A. FONTAINE SALT LAKE CITY
COSTA MESA (612)340-8729 VANCOUVER.
FAX(612)340-2807
fo ntaine.gregna"d o rseylaw.c o m
February 23, 2001
Peter Beck, Esq.
Gray, Plant, Mooty, Mooty & Bennett
3400 City Center
33 South Sixth Street
Minneapolis, MN 55402
• Dear Peter:
As we discussed, Cargill, Incorporated envisions amendments to the City of Elk River
zoning code that would create a fair amount of certainty with respect to the nature of the
regulatory review applicable to company's activities at the Animal Nutrition Center (ANC). The
company is open to a number of different approaches, but believes essentially that only those
activities with significant potential impacts should be regulated as conditional uses. Moreover,
most of Cargill's ANC activities should be regulated as permitted uses in an agricultural research
district, in our view, because these uses are consistent with long-term practices and do not
significantly impact any neighboring properties. We also recognize that there may be some
activities that fall between these two broad use categories.
With those concepts in mind, the lists below provide some specifics with respect to the
nature of regulation that the company believes appropriate in the context of the current
settlement discussions. We look forward to feedback from you and the City.
Permitted Uses
1. R& D facilities
2. Laboratory
3. Product and process development facilities(a/k/a pilot plant)
4. Greenhouse
• 5. Nutrient Management
6. Crop Production
02/23/01 FRI 16:00 FAX FAX LC7000 2003
s '
DORSEY & WHITNEY LLP
• February 23, 2001
Page 2
7. Non-commercial feedmill
8. Office (below agreed-upon treshhhold)
9. Pilot production plant (below agreed-upon threshold)
•
10. Renovation of existing buildings
11. Storage (research, ingredients, crop production)
12. Shop/maintenance structure-activities related to agricultural research
13. Fuel storage related to agricultural research(below 50,000 gallons)
14. Animal housing structures (non-CAFO/feedlot)
15. Existing residential houses
Conditional Uses
1. Feedlots
2. Medical waste/ incinerator
3. Fuel storage (over 50,000 gallons)
4. Commercial production facilities
5. Major source facility (air pollutant emissions)
• 6. Regulated waste treatment, storage and disposal facility
Third-Tier (less restrictive than CUP, but more restrictive than permitted)
1. Office complex
2. Commercial production faciliites
3. Commercial feedmill
4. Product and process development facilities (above-agreed upon threshold)
Finally, at your request, I am forwarding a copy of this letter directly to Scott Harlicker at
the City. Please call me if you have any questions or comments.
V i t ly yours,
7401
• - •ry A. Fontaine
Enc o ure
cc: Karin Nelsen, Esq.
Mr. Scott Harlicker