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5.1a & 5.1b c rk? *K. Item#5.1.a. & 5.1.b. • •:"k. City of MEMORANDUM Elk ,. River TO: Planning Commissi•n FROM: Michele McPhers• Iirector of Planning DATE: January 23, 2001 SUBJECT: Case No.'s LU 01-01 and ZC 01-01 Request by Hoyt Partners to Change the Land Use from Medium Density Residential to Light Industrial, and to Change the Zoning from R1a, Single Family Residential to BP, Business Park for Certain Property Request Stewart Wilson, representing Hoyt Partners, L.L.P., requests that the following • applications be considered for Outlot F of the Elk Path Business Center: 1. A land use amendment to change the land use designation from Medium Density Residential to Light Industrial. 2. A zone change to change the zoning from R1 a, Single Family Residential to BP, Business Park. Sherburne County is interested in purchasing the property for future expansion purposes (see attached letter). Location The subject parcel is approximately 18 acres and is located south of the Sherburne County Government Center and west of Sandpiper Estates. Attachments • Location map • December 21, 2000 letter from Hoyt Partners • December 21, 2000 letter from Bruce Anderson and Brian Benson, Sherburne County • December 30, 2000 letter from Rick and Caroline Koch in opposition to the • request • Definitions — Government Buildings and Facilities and Government Offices 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 01-01 &ZC 01-01 January 23,2001 Page 2 • Conditional Uses - R1 Single Family Districts • Allowed Uses — Business Park District • May 18, 1998 Staff report regarding ordinance amendment to amend Definition of Government Offices to include jails • October 20, 1997 City Council minutes • October 20, 1997 staff report regarding land use and rezoning amendment for the change from Medium Density Residential to Light Industrial and from R1c Single Family Residential to BP Business Park • January 18, 1994 staff report establishing Business Park District • 1990 Focus Area A Study • 1988 Growth Management Plan History In order to understand the overall ramifications of this request, the following history is provided for the Commission's understanding: In 1988, the City completed a Growth Management Plan in order to plan the City's long-term growth. As part of this plan, areas were identified for residential, commercial, and industrial developments. As can be noted on the attached potential industrial site assessment map, the area encompassed by the Elk Path Business Center was identified as having high potential for industrial • development. As a follow-up to the 1988 Growth Management Plan, the City completed a Focus Area Study in 1990. Focus Area A, the analysis of which is attached, included the area identified as Elk Path Business Center. Focus Area A was approximately 582 acres in size and was bounded by the Elk River on the north, Lake Orono on the east, the Mississippi River on the south and the western City limits. Within Focus Area A, a large component included future industrial development, including the Elk Path Business Center and areas to the east including the parcel of the Softpak development. As a result of the 1990 Focus Area Study, a portion of what is now Elk Path Business Center was rezoned to Business Park with an underlying land use designation of Light Industrial. The portion adjacent to County Road No. 30 was zoned and guided for residential development. In order to set the stage for high quality development, the City established a new zoning district entitled, "Business Park" in 1994. The Business Park Zoning District was intended to provide opportunities for higher quality industrial development whose primary focus would be to increase job generation and to utilize higher quality building materials in construction. In 1997, the City initiated a land use amendment and zone change to change the • area that had previously been identified as residential to Business Park with a Light Industrial land use designation. This was in response to the City S:\PLANNING\MICHMC\PLREPRTS\LU01-01.DOC Memo to Planning Commission/LU 01-01 &ZC 01-01 January 23,2001 Page 3 • completing the Economic Strategic Plan. Attached for the Commission is the staff report and the City Council minutes for that request. As the Commission could anticipate, the single-family property owners located in Sandpiper Estates and Riverview Heights were strongly opposed to Business Park zoning adjacent to their development. As a result of neighborhood opposition and a desire of the property owner at that time to allow some residential development, an area (now Outlot F) was created which remained guided and zoned for residential development. In 1998, the City amended the definition of government offices to include jails in response to the County jail expansions. At the time the County Courthouse was originally constructed, the jail facility was truly an incidental function to the office and courthouse operations (government offices are a permitted use in the Business Park Zoning District). Since that time, as the Commission is well aware, the jail has become a distinct operation from the normal County Courthouse activities. Analysis When considering the land use amendment and the rezoning from residential to industrial/business park, the City must give consideration to existing conditions within the area directly and indirectly affected by the proposal, the conservation of property values, the use to which the property affected is being devoted at the time, and relevant provisions, if any, in the land use plan (Comprehensive Plan). Comprehensive Plan Impacts Since 1988, the City has identified the area of Elk Path Business Center as an area that it wished to develop for industrial/business park purposes. In 1997, as a result of the concern on the part of adjacent residents, this desire did not come entirely to fruition. The letter submitted by the applicant, as well Sherburne County representatives, indicate that their desire at this time is to allow the land to remain vacant but to have the ability to hold the land for future County development needs. Changing the land use designation and the zoning at this time is not mandatory, based on the desired use indicated by the County. Under the current land use designation and zoning, government facilities would be allowed as a conditional use within the R1c Zoning District. Affect on Adjacent Properties Based on information provided by the applicant and County representatives, impact to adjacent properties would be minimal at this time. However, a change in land use and zoning to industrial and business park would allow a variety of uses, including manufacturing and an expansion of the government offices, including the jail at some point in the future. Minnesota Statute does not require • future plans or site plans for consideration of a rezoning request. If the land were S:\PLANNING\M ICHMC\PLREPRTS\LU01-01.DOC Memo to Planning Commission/LU 01-01 &ZC 01-01 January 23,2001 Page 4 to be guided industrial and zoned for business park uses, the County could elect to sell the property for industrial uses in the future, if it determines that the land is unnecessary. While the adjacent residents may fear that the County is purchasing this property for additional jail expansions, the jail as a use has fewer impacts than a manufacturing facility, which may have delivery trucks or run third shifts creating noise or other impacts. At this time, it is unknown what the County may build on the property. Recommendation The Commission is being asked to consider a request that may have unknown future impacts. The recommendation to change the land use and zoning designations of the property are consistent with the City's stated goals since 1988. The County, however, could operate a "park-like" setting under the current zoning designation and request a land use and zone change when it decides the exact use for this property. If the Commission finds that amending the land use plan to light industrial and the zoning to Business Park is consistent with the City's goals of increasing job creation opportunities, strengthening its industrial base, and that this zoning is compatible with the adjacent residential zoning, then a recommendation of approval of the request is important. • S:\PLANNING\MICHMC\PLREPRTS\LU01-01.DOC Aw=wlr41 aunor a �Qi i IFIR � �`!�'�' 11 !'f"'i /ilrzi/,1Y1a:Crilles ' f:�R� �� 40.4112113 r W����6 .1:414;q14::: 4 O iR1 ,�,� Far •. 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I — U i9"wT..� ;r4#M 11P itlil0 l ill ' .vvMO � IrEgi '�t,',",,1 1,.F;I°t!INZIMIc 1Nla 180TH ��� * �j �� `* '� a41 , �g� �,�'�. 1 o� '11 Alai ra IMO airy �4I.S Ell " �� • i p _i .ism tr CODE ' �► aim /" mp 1797H O Q �` II PllttIr a. _ z a mi^ `_ i WT •eeelie impuol -,...,.._ ow Egg p YZ a WO O XV O O Z W W ; O W ZY cJ O O L- 03 � CL a Q W S 6 Q Q O U d Z J wm = rk/ A.( (i LOCATION N City of ' n PElk River LU01-01 13065 Orono Parkway •P.O. Box 490 CASE: ZCO1-01 Elk River, MN 55330 * w • IIIHOYT PARTNERS, LLP P.O. BOX 277 ELK RIVER, MN 55330 December 21, 2000 Michele McPherson, Director of Planning City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: Zone Change Application Dear Michele: Enclosed is an application to change the zoning for Outlot F, Elk Path Business Center. We are requesting to change the zoning from Rla - Single Family to Business Park. This request is driven by the fact that Sherburne County wishes to purchase this property. Please see the enclosed letter from Sherburne County signed by Bruce Anderson, Sheriff and Brian Bensen, County Administrator. 0 Also, the recent response of residents of Elk River Crossing to the business park development has caused me to re-think our zoning. Even though the residents of Elk River Crossing, a multi-family development, knew the property across the street was zoned business park, they still opposed this type of development . I don' t want to see the City face that same issue again with a single family neighborhood when Elk Path Business Center begins to develop. It also seems that a governmental use of Outlot F would provide a compatible buffer between the existing single family neighborhood to the east and the future business park to the west. Please contact me if you have any questions or need any further information. Sincerely yours, r_;.,M /14',41,-...._---y 1 ` ^/'fir—�� tewart Ti Wilso` Enclosures • December 21, 2000 Sherburne County SHERIFF -,- . BRUCE M. ANDERSON City Council Planning and Zoning Commission City of Elk River City Hall P.O. Box 490 Elk River, MN 55330 TO WHOM IT MAY CONCERN RE: APPLICATION FOR ZONING CHANGE FROM RESIDENTIAL TO BUSINESS PARK On December 19, 2000, we approached the Sherburne County Board of Commissioners regarding the purchase of 18 acres of land owned by Stewart Wilson. This land is located • immediately behind the Sherburne County Government Center. The board approved development of a purchase agreement for this land and a zoning change. No bonding would be necessary for this purchase, as funding will be through the Sheriff's Department. As you know, for some years Sherburne County has been the fastest growing county in the State of Minnesota. This fast rate of growth is expected to continue for at least the next seven years. When our county government was offering services from two different locations, Sherburne citizens were very frustrated and confused. Without adequate land available adjacent to the government center for future growth, county services could again be split, possibly even as far as the Becker area. As background, when Mr. Wilson was approached a few years ago about the possibility of this purchase, he was not expecting to sell in the immediate future. As the area has become built up around the government center, he made the decision to sell all the land he owns surrounding this complex. This land will be sold to someone, and purchase by county government will ensure we will not be locked in without adequate space for future needs. As we do not foresee building in the immediate future, our plans are to landscape this land and provide an asphalt walkway and fence around the entire 18 acres. We will provide a beautiful park setting with picnic tables to accommodate government center employees and the public. SHERIFF'S DEPARTMENT illikUNTY GOVERNMENT CENTER 80 Highway 10 Elk River, MN 55330-4609 Area Toll Free Numbers: Elk River- (763) 241-2500 MEMBER Fax - (763) 441-7303 a.getzs Other- 1-800-433-5245 .11011, • City Council, Planning and Zoning Commission page two It is our vision to provide a government center complex that will make the citizens of the city of Elk River proud and at the same time provide for county government services into the future. We would be happy to meet with your staff to answer any further questions. Sincerely, Sherif rice M. Anderson County Administrator Brian Bensen • • • December 30, 2000 VIA US MAIL AND HAND DELIVERY City HalIl /EIk River Planning Commission 13065 Orono Parkway Elk River, MN 55330 Dear Planning Commission: • The purpose of this letter is to ask that you do not recommend the rezoning of the property directly behind the Sherburne County Government Center from single-family residential to business park. The residents of Elk River in that area had voiced their opinion against the rezoning of that property previously approximately 1 1/2 to 2 years ago and were successful in leaving it single-family residential. The most important opinion was that business park does not belong that close to a residential area. That is still the case and should not be recommended for a rezoning. We respectfully ask you to consider this request when this issue comes up before the Commission in January. Sincerely, Rick and Caroline Koch 18176 Ogden Street NW cc: all homeowners • Elk River City Council/City Hall Definitions • FENCE: A partition, structure, wall, or gate erected as a dividing marker, visual or physical barrier or enclos GARAGE, PRIVATE: An accessory building f. orage of self-propelled vehicles and tools a•- •uipment maintained as incidental to a conforming us- the premises. GARAGE, PUBLIC: - .remises except those defined as a private garage use. the storage or care of self-propelled vehicles or wher- •such vehicles are equipped for operation or repair or ept for remuneration, hire, or sale. GOVERNMENTAL BUILDINGS AND FACILITIES: Any building, structure, or facility for the purpose of a facility serving certain governmental functions. These uses are intended to include uses that are supportive of governmental functions such as public works facilities, correctional facilities, and waste handling or processing facilities. These uses are intended to be distinguished from "governmental offices ' and "essential services. " GOVERNMENTAL OFFICES: Any facility, building, and structure for the purpose of providing governmental services to the general public. Uses intended are generally compatible with office and residential uses and include city offices, county offices, • courthouses, jails operated on the same site and as part of a city or county courthouse, libraries, and past offices . These uses are intended for the direct provision of governmental services to the public as distinguished from governmental buildings and facilities. GROUP HOME, RESIDENTIAL: A building or structure where persons reside for purposes of rehabilitation, treatment, or specia care. Such persons may be orphaned, suffer chemical or - ional impairment, or suffer social maladjustment or depende• • . GROUP HOME, RESIDENT: A person residing in a . .up home for the purpose of receiving rehabilitation, treat = , or special care . HOME OCCUPATION: Any gainful occupa ' .n or profession customarily conducted entirely w' n a dwelling principally by members of a family residing -rein which use is clearly incidental and secondary t. e use of the dwelling for residential purposes an. .oes not change the character thereof. There are two ty•- of home occupations; "Permitted Home Occupations", ich are processed administratively following a certain s- of criteria and "Conditional Home Occupations", which do not - -et the specific criteria for a permitted home occupation • and -quire a public hearing pursuant to the procedures and -ndards of a conditional use permit. 9. 6 Conditional Uses - R -1 Districts • iv. Private recreational facilities C. Conditional Uses i . Conditional home occupations ii . Fairground facilities iii. Golf courses and Country Clubs iv. Governmental buildings and facilities v. Temporary mobile homes consistent with Section 900.20 vi. Institutional uses vii. Licensed daycare facilities in institutional buildings viii.Agricultural uses in R-la (less than 5 acre lot size) ix. Agricultural uses in R-lb, R-lc, R-ld, and R-le (5 acre minimum lot size) • x. Feedlots in R-la xii. Commercial kennels in R-la xiii. Private kennels in R-la 6. R-2a - Townhouse STATEMENT OF PURPOSE: This District is intended to create "townhouse" low density housing areas as a transition betwe- . single family housing and higher density residential . A. Permitted Uses i . Single family dwellin./ / ii. Two family dw- ng iii. Lic -d day-care facilities for 12 or fewer child iii. Model homes in compliance with Section 900 . 20, Subsection 13 411 iv. Public parks playgrounds and open space 9.24 Permitted Uses - Business Park • be unique to the principal use of the propert and the ownership of the property and the principal use . Any conditional use per•• ' s granted under this Section shall th- ore automatically expire if the prin ' •al use of the property changes or the owne ip of either the property or the principa =" e of the property changes. xiii. Temporary stru •res xix. Governm- - buildings and facilities xx. w ' i storage xi . All uses allowed as a conditional use in the I1 zone 16. B-P Business Park STATEMENT OF PURPOSE: The Business Park District is established to encourage a planned, integrated environment for certain industrial, office, and commercial uses which are compatible with, and compliment each other as well as the surrounding land uses. The underlying land use designation within the district • may vary, either light industrial or highway business . Development within the Business Park district will correspond with the land use designation. Industrial and office uses allowed where the land use designation is light industrial, and commercial uses allowed where the land use designation is highway business. It is the intent of this ordinance that development reflects common themes using compatible architectural design and consistency in signage, landscaping, and lighting. It is also the intent to encourage businesses which generate a high number of jobs per square foot rather than predominately warehouse type uses . A. Permitted Uses i. Permitted uses allowed when the underlying land use is light industrial : a. Light Manufacturing b. Research and development laboratories c. Government, business, and professional offices • d. Mail order operations 9.40 Conditional Uses - Business Park • e. Telecommunication operations ii. Permitted uses allowed when the underlying land use is highway business: a. Health athletic clubs b. Personal service establishments c. Financial institutions B. Accessory Uses: i. Off-street parking lots or facilities ii. Private recreational facilities iii. Public shelters and essential services C. Conditional Uses: i. Conditional uses allowed when the underlying land use is light industrial: a . Any permitted use which involves more than • 30o warehouse space b. Vocational, technical and trade schools c. Multiple buildings on a lot e. Above ground storage tanks ii . Conditional uses allowed when the underlying land use is highway business : a. eaµAWr,A,4«, co,Ac-..4.94.c,.a a. Hotels and motels b. Licensed day care facilities c. Retail shops and stores which compliment and serve the Business Park subject to the standards set forth in 2 (j ) below. d. Motor vehicle specialty service stations e. Multiple buildings on a lot f. Multiple tenant buildings • g. Restaurants (Class I) 9.41