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5.8 & 5.9 --fir ( .4Item# 5.8- 5.9. ity of ,F1kRiver MEMORANDUM TO: Planning Commission I FROM: Scott Harlicker, Senior Plann: A DATE: February 29, 2000 SUBJECT: Request by Hoyt Partners for Land Use and Rezoning, Public Hearing Case No.'s LU 00-2 and ZC 00-2 Request Consider a request by Hoyt Partners for a land use plan amendment to HB (Highway Business) and a rezoning to C3 (Highway Commercial) Location • The southeast corner of the future intersection of Waco Street & Highway 10 and north of the westerly extension of Business Center Drive Zoning/Land Use BP (Business Park) / CC (Community Commercial) & LI (Light Industrial) Attachments • Location map • Survey of subject property • Site plan showing proposed street layout • Letter from applicant • Memo from City Engineer • List of allowed uses in the Highway Commercial District Overview The applicant is requesting to change the land use designation of the subject property from CC (Community Commercial) and LI (Light Industrial) to HB • (Highway Business) and the zoning from BP (Business Park) to C3 (Highway 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD &Phone: (612)441-7420 • Fax: (612) 441-7425 Memo to Planning Commission/ZC00-2/LU00-2 February 29,2000 Page 2 • Commercial). The area under consideration is about 19.5 acres. The property is located on the south side of Highway 10, west of the Sherburne County Government Center. The property owners have petitioned the City to extend Business Center Drive and municipal utilities across their property. Other improvements in the area include realigning Waco Street and signalizing the Waco Street/Highway 10 intersection. Realigning Waco Street to the east will create Parcel 1. The extension of Business Center Drive to Waco Street will create Parcel 2 (refer to attached survey). The subject property is currently part of 125 acres owned by the applicant. The subject property will be split into three parcels because of the road alignments. Parcel 1 is 3.17 acres and is located at the southwest corner of Waco Street and Highway 10. Parcel 2 is 12.98 acres and is located east of Waco Street between Business Center Drive and Highway 10. Parcel 3 is 3.54 acres and is located south of Business Center Drive abutting the west side of the Sherburne County Government Center. The property to the south of Business Center Drive, with the exception of Parcel 3, will remain zoned Business Park. The property to the east, which contains the Sherburne County Government Center, is zoned Business Park. III The property on the north side of Highway 10 is zoned residential, and the property to the west of Waco Street is also zoned residential. The applicant is not requesting plat approval at this time. With the exception of the south line of Parcel 3, the property lines shown on the survey represent existing property lines and the center lines of the proposed roads. The applicant will be before the Commission at a future date for preliminary plat approval. Consistency with Comprehensive Plan The Comprehensive Plan identified the intersection of Waco Street and Highway 10 as a future commercial node because of accessibility and visibility. The Comprehensive Plan identifies the subject property as CC (Community Commercial). Community commercial land uses, as discussed in the Comprehensive Plan, are intended to serve the surrounding neighborhood and should be located at the intersection of collector streets. Highway commercial land uses are intended to provide commercial opportunities that typically require highway access and high visibility. The uses allowed under the Highway Business IIIland use designation tend to serve a broader area than those allowed under S:\PLANNING\SCOTT\ZC002.DOC Memo to Planning Commission/ZC00-2/LU00-2 February 29,2000 Page 3 • Community Commercial. Given the nature of the development that is likely to occur on adjacent business park property, the highway visibility and highway access, and the signalized intersection, a more intense commercial development intended to serve a broader area of the community is appropriate for the subject property. Two of the proposed parcels provide both highway access and high visibility. Parcel 1 and parcel 2 have frontage on Highway 10, while parcel 3 does not. Parcels 1 and 2 would provide commercial opportunities with minimal impact on adjacent properties. Access Access to the parcels will be from Business Center Drive; there will be no direct access from Highway 10 or Waco Street. The Waco Street/Highway 10 intersection is proposed to be signalized, providing a controlled access to future developments. Allowed Uses The purpose of the Highway Commercial District is to allow commercial, office and quasi-industrial uses in areas with access to major highways. It is III the most intensive commercial district. Uses associated with highway commercial zoning usually generate a high level of traffic and could have adverse impacts on adjacent properties. Business Center Drive would provide a good buffer between future highway commercial uses and the adjacent business park property. Attached is a copy of permitted and conditional uses for the Highway Commercial District. Parcel 3 Parcel 3 is 3.54 acres located on the south side of Business Center Drive adjacent to the Sherburne County Government Center. This area has not been included in previous discussions regarding highway commercial zoning in this area. Previous discussions included the areas fronting Highway 10 north of Business Center Drive. Parcel 3 was not included in previous discussion because staff felt the appropriate zoning for this property is Business Park. Business Center Drive forms a physical as well as visual separation between the parcels fronting Highway 10 and Parcel 3. Because the parcel abuts the Sherburne County Government Center, traffic generated by highway commercial uses are likely to have an adverse impact on the Government • Center. S:\PLANNING\SCOTT\ZC002.DOC Memo to Planning Commission/ZC00-2/LU00-2 February 29,2000 Page 4 • Because of the separation from Highway 10, the adjacent Sherburne County Government Center and the abutting business park property, staff recommends that the land use designation and zoning of Parcel 3 not be changed from Light Industrial and Business Park to Highway Business and Highway Commercial. Recommendation Staff recommends the Planning Commission recommend approval of the request to amend the land use designation of Parcel 1 and Parcel 2 from CC (Community Commercial) to HB (Highway Business) based on the following findings: 1. PARCEL 1 AND PARCEL 2 WERE IDENTIFIED IN THE COMPREHENSIVE PLAN AS A FUTURE AREA FOR HIGHWAY BUSINESS LAND USES. 2. THE ARE UNDER CONSIDERATION IS ADJACENT TO HIGHWAY 10 3. THE PROPOSED LAND USE PLAN AMENDMENT WILL ALLOW FOR HIGHWAY COMMERCIAL DEVELOPMENT AT A SIGNALIZED INTERSECTION. Staff recommends the Planning Commission recommend approval of the proposed zone change of Parcel 1 and Parcel 2 from BP (Business Park) to C3 • (Highway Commercial) based on the following findings: 1. THE REZONING IS CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN DESIGNATION OF HB (HIGHWAY BUSINESS). 2. THE CONDITIONS HAVE CHANGED TO WARRANT THE DEVELOPMENT OF THIS PROPERTY AS HIGHWAY COMMERCIAL. 3. THE PROPERTY IS ADJACENT TO HIGHWAY 10 AND IS LOCATED AT A SIGNALIZED INTERSECTION WHICH WILL MEET THE TRANSPORTATION NEEDS OF BUSINESSES ALLOWED UNDER THE C3 ZONING DISTRICT. 4. THE C3 ZONING DISTRICT IS COMPATIBLE WITH THE ADJACENT ZONING DISTRICTS. 5. THE PROPERTY IS WITHIN THE URBAN SERVICE AREA AND WILL BE SERVICED BY MUNICIPAL SEWER AND WATER. • S:\PLANNING\SCOTT\Z C002.D O C • 0 Noir Tleteni 1 89711 A tAli -• mul 1 - .telgT21,111111Jiligt# ..../.0filtie.11”P.1W-;" li . 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L-205.241 NSO'57'4vW 714.57 1� PR3.17 Ac, a> _ -- iA t yj (136251 ss.) 0. ; Parcel 2 i 4P,� �� .p. N 1 �t I N .......1., 12.98 Ac. to rZ 1 �"3 I j p 065.351 S.F.) t w7, Y7r�Y ;ti . .z.". Parcel 3 -,1; P.OB.-� ai ,ss: AO 3.54 Ac. a o c15.•230 > SHERBURNE Point A i (- n ' 607.54 ' V.13, 9e 773.37 899.52'46'E/ 1470.91 I ''e r COUNTY C� Jeer `'-Line 1 Point 8-� I e / �� I N _f/ GOVERNMENT „89•,8' 1 CENTER 1 1111 n N 1 � I 1 1 n w di N y 4. '2 t- I sI N 1 . . $ I c5,1 1469.0417'E 660.00 W = ' 107.58 Ac. 1` 1 ! I ..; A., I 1 \ I 1 I 1,7 I I I I __ — J I L -- -- -- -- ---• -CerTY-- ROAD---�30-- N69'4517/rE 1325.46 ea N88'45'36'E 1325.35 a N, '-S.W. CORNER OF THE EAST 1/2 . i OF THE S.W. I/4,SEC. 31. / S a i N Zw '1 ' oP a U In y W D ,,, GRAPHIC SCALE 200 0 100 zoo 400 w g ( SCALE IN FEET ) O cz - - - - - -- PARCEL I 0 0 That part of the East Half of the Southwest Quarter of Section 31, Township 33, Range 26. ', o Sherburne County, Minnesota which lies South of the South line of U.S- Highways No. 10 and to p N 52;North of line I described as follows: \ _ CO Commencing at the Southwest corner of said East Half of the Southwest Quarter of ran CO p Section 31; thence North 0 degrees 51 minutes 02 seconds West, assumed bearing, along I the west line of said East Half of the Southwest Quarter• distance of 2174.22 feet to the Point of Beginning of the line to be described- thence South 62 degrees 13 minutes 47 a 3 O seconds East a distance of 221.35 feet to a point to be referred to as Point A; thence w t continue South 62 degrees 13 minutes 47 seconds East a distance of 55.89 fest; thence ¢ y t 2 3 (3 ester! a distance of 217.16 feet alongth CO O 0 o r- ° y a tangential curve concave to the north hating a central angle of 27 degrees 38 minutes 59 seconds and a radius of 460.00 feel; thence o," South 89 degrees 52 minutes 46 seconds East tangent to the last described curve, a o v o t` distance of 697.64 feet to a point to be referred to as Point B; thence northeasterly a .�2•� '� distance of 379.96 feet alonga tangential >,o o tutus concave to the north wss!having • central � v o n angle of 48 degrees 22 minutes 40 seconds and a radius of 450.00 feet; thence North 41 Z° '0 p "' degrees 44 minutes 34 seconds East, tangent to the last described curve, a distance of E 0 w p 120.00 feet; thence northeasterly a distance of 982.74 feet along atangential curve c Z concave to the southeast, having a central angle of 48 degrees 43 utes 58 seconds and Y c o 0 a radius of 450.00 feet; thence South 89 degrees 31 minutes 30 seconds East, tangent to - thr last described curve, a distance of 10.92 feet to the West line of the East 726.00 feet a Z^ of the West Hal!of the Southeast Quarter of said Section 31 and there terminating- .`6«N u And lying West of the following described line; Beginning at the above referenced Point A; thence ,u' o 0 North 27 degrees 48 minutes 13 seconds East a distance of 262.21 feet; thence northeasterly a r E.3' W distance of 103.97 feet along a tnngentlnl curve concave the northwest hewing a central angle of �,p u 13 degrees 14 minutes 18 seconds and a radius of 450.00 feet; thence North 14 degrees 31 2' t minutes 57 seconds East, tangent to the last described curve, a distance of 109.64 feet to said >-..0',7,j' a - t South line of U.S. Highways No. 10 end 52 and there terminating. o Z-�o .,:reg,' C V r, ,.* p Q PARCII,2 _ o��o � o That part of the East Halt of the Southwest Quarter of Section 31, Township 33, Range 26, Sherburne County, Minnesota and that part of the West Half of the Southeast Quarter of said Section 31 which lie South of the South line of U.S. Highways No. 10 and 62:North of Line I o described as follows. o odN Commencing et the Southwest corner of said East Half of the Southwest Quarter of �'i cn u w 4. Section 31; thence North 0 degrees 51 minutee 02 seconds West, assumed bearing, al o d -..:7,0 the wrst line of said Bast Half of the Southwest Quarter a distance of 2174.22feet to the q�j y°'�q Point of Beginning of the line to be described;thence South 62 degrees 13 minutes 47 y b^ b`+ seconds East a distance of 221.35 feet to a point to be referred to as Point A'thence d^ 0) continua South 62 degrees 13 minutes 47 seconds East a distance of 55.89 feet; thence easterly• distance of 217.16 feet along• tangential curve concave to the north having• n g a centrel angle of 27 degrees 38 minutes 59 seconds and a radius of 450.00 feet.' thence C;C Ems. $�. South e9 degrees 52 minutes 46 seconds East, tangent to the last described ourve, a b G N I,- ea] h o.' n distance of 697.54 feet to a point to be referred to as Point B thence northeasterly a >Y t" a distance of 379.96 feet alonga tangential curve concave to the northwest having -. o P,o V ag a central N angle of 48 degrees 22 minutes 40 seconds and a radius of 4.50.00 feet; thence North 41 e, rj _-.3 degrees 44 minutes 34 seconds East, tangent to the last described curve, a distance of a '8 " v a 120.00 feet; thence northeasterly a distance of 38274 feet along a tangential curve ; c' concave to the southeast, having a central angle of 48 degrees 43 minutes 66 seconds and ^ N a radius of 450.00 feet; thence South 89 degrees 31 minutes 30 seconds East, tangent to the last described curve, a distance of 10.92 feet to the West line of the Eu! 726.00 feet O' bk1� N55� eiof the !lest Half of the Southeast Quarter of said Section 91 and there terminating. te FAnd lying East of the following described line;Beginning at the above referenced Point A,' thence O LSC North 27 degrees 46 minutes 13 seconds East a distance of 26221 feet; thence northeasterly a 7 Si distance of 103.97 feet along a tangential curve concave the northwest having a central angle of 13 degrees 14 minutes 16 seconds and a radius of 450.00 feet; thence North 14 degrees 31 minutes 57 seconds East, tangent to the last described curve, a distance of 109.94 feet to said eSt South line ofU.S. Highways No. 10 and 52 and there terminating. �1 '‘n ^� 3 PAR[[Ef,3 1""4 , ` F That part of the East Half of the Southwest Quarter of Section 31, Township 33, Range 26, F-- N Sherburne County, Minnesota and that part of the West Half of the Southeast Quarter of meld 8 Section 31 which lie South of Line I described as follows: CI) CO Commencing at the Southwest corner of said East Half of the Southwest Quarter of I Laig fl `�1 Section 31; thence North 0 degrees 61 minutes 02 seconds West, assumed bearing, along X > 1 `4 N the west line of said East Half of the Southwest Quarter• distance of 2174.22 feet to the lr Point of Beginning of the line to be described,- thence South 62 degrees 19 minutes 47 W44 "Sseconds East a distance of 221.35 feet to a point to be referred to es Point A; thence I continue South 62 degrees 13 minutes 47 seconds East a distance of 55.83 feet; thence ff1 I easterly a distance of 217.16 feet along a tangential curve concave to the north having a C7 C / central angle of 27 degrees 38 minutes 59 seconds and a radius of 450.00 feet; thence Z Ce.1 / South 89 degrees 52 minutes 46 seconds Eeat, tangent to the lest described curve, a O �.r f distance of 897.54 feet to a point to be referred to as Point B;thence northeasterly a Z '�) distance of 379.96 feet along a tangential curve concave to the northwest having a central angle of 48 degrees 22 minutes 40 seconds and a radius of 450.00 feet: thence North 41 0 degrees 44 minutes 34 seconds East, tangent to the last described curve, a distance of I-_ `- 1 t _ _ _ _ 120.00 feet; thence northeasterly a distance of 382.74 feet along a tangential curve I V concave to the southeast, having a central angle of 48 degrees 43 minutes 56 seconds end a radius of 450.00 feet; thence South 89 degrees 31 minutes 90 seconds East, tangent to W the last described curve, a distance of 10.92 feet to the West line of the East 728.00 feet 61 of the West Half of the Southeast Quarter of said Section 31 and there terminating. ld-. And lying North of the following described Bne.'Beginning at the above referenced Point B; O thence South 89 degrees 52 minutes 46 seconds East a distance of 773.37 feet to said West line of the East 726.00 feet of the West Half of the Southeast Quarter of said Section 31 and there terminating. SHEET NO. / • ..... ..II Stillill .... -. i4 id V o _mo - I,•� - '_ i . • ,,tel, '111, , 0 $ al P �11�, 2•it /lc dil PARCEL 2 / PARCEL 1 �° /� ca o o co q II rn 0 • \+\ a a_— �� \x`_16 00 15 00 14 00 1310 12100 1 11100 1 10100 } 9+i00_ � SOUTH FRONTAGE ROAD • / pT ho/� , s8 ? x J 6, 0 0 v +- . 0 0 + `' PC = 1+60.45 I— + W o W . o I— o U) + • 0 0 • A o o Y � Vi cn •E) o CL CLOSE U.S. HIGHW 1+00 -0+00 00 i IqC � - "� a CL JA 0 Ax O i h �A 00 PARCEL 3 1x0° s+p0 • HOYT PARTNERS , LLP P. 0. BOX 277 ELK RIVER, MN 55330 January 24, 2000 Michele McPherson Director of Planning City of Elk River 13065 Orono Parkway Elk River , MN 55330 RE : Zone Change and Land Use Amendment Dear Michele : This letter is to support the request for a zone change and land use amendment for property owned by Hoyt Partners . I am the managing partner of Hoyt Partners . As you are aware, the property being requested for a zone change and land use amendment is now zoned Business Park with a land use • of Community Commercial and Light Industrial . We wish to change the area shown on the re-zoning exhibit to a zone of Highway Commercial with a land use of Highway Business . The City of Elk River has been petitioned by Hoyt Partners to extend Business Center Drive along with the accompanying utilities across our property. The extension of this road along with the utilities , the proposed re-alignment of Waco Street and the signalizing of the Waco Street intersection with Highway 10 creates an area parallel to Highway 10 that would be available for highway commercial development . The western area of Elk River at this point does not have an abundance of Highway Commercial zoned land. In addition, as you are aware, a land broker representing a medical clinic has shown some interest in purchasing some of this property. A zone change to Highway Commercial would be required to accommodate this potential use . However, this request is not principally being driven by the interest of the medical clinic. A sale to them may or may not happen. Instead, Highway Commercial seems the best use for this property and the area in which it is located. As you can see by the exhibit, we are requesting a rectangular 411 shaped portion of the property be considered for the zone change. This would include approximately three acres (Parcel 1 ) , thirteen • acres (Parcel 2 ) and three and one-half acres (Parcel 3 ) for a total of approximately nineteen and one-half acres . The roads when extended and re-aligned will reduce this total . In previous discussions with the City, Parcel 1 is created by the re-alignment of Waco Street and Business Center Drive . I wish to avoid this property becoming an outlot only. Lynn Caswell believes there would be room for at least one acre of development on this property considering property taken for the road. Parcel 2 is the area that has previously has been discussed with the City for re-zoning. Parcel 3 is a new area that I am asking to be considered for re- zoning. This parcel still has good highway visibility and access from Business Center Drive and seems better situated for that type of development rather than for Business Park. If all of these changes are granted, there is still an approximate inventory of ninety acres of Business Park land remaining that is still owned by Hoyt Partners . I will be going to the county to get the names of the adjacent land owners and hope to supply you with the list by the end of this week. • Please contact me at 241-8527 if you have any questions . Thank you. Sincerely yours, Start T. Wilson • • f - Howarc R. Green CoToany CONSULTING ENGINEERS January 31, 2000 File: 809410J-0325 Ms. Michele McPherson Director of Planning City of Elk River 13065 Orono Parkway P.O. Box 490 Elk River, MN 55330-0490 RE: HOYT PARTNERS ZONE CHANGE REQUEST Dear Ms. McPherson: As requested, we have reviewed the exhibit prepared by John Oliver and Associates for the Hoyt Partners zone change request. The exhibit was signed by Lynn Caswell of John Oliver and Associates and had a revision date of January 21, 2000. Based on our review we find that • the description of line 1 on the exhibit mirrors the centerline of Business Center Drive in the plans we are currently working on from the County Government Center property to point A where the description heading to the north mirrors the centerline of the re-alignment of Waco Street. We have also reviewed the descriptions on the exhibit and find them to be accurate. Therefore, I believe this exhibit accurately reflects the property requested for re-zoning consideration. If you have any questions regarding any of this information please call. Sincerely, Howard R. Green Company Terry J. Maurer, P.E. • \\SPNWFS\VOL1\DATA\PRCJ',309.10J\C'325\Itr 1-31-00 rncpherscn.hoc 1326 Energy Park Drive • St. Paul, MN 55108 • 651/644-4389 fax 651/644-9446 toll free 888/368-4389 Licensed daycare faci ies . ii. .stitutional use iii. Si Family r lings iv. Financi. itutions v. Funera vi. Bo- g house vii ernmental buildi -nd facilities i. Therapeutic massage an. -una establishments 12 . C-3 - Highway Commercial District STATEMENT OF PURPOSE: The purpose of the C-3 highway commercial district is to recognize the need for commercial establishments on or serving with immediate access to major highways . Permitted land uses should take advantage of the highway access in a manner which other business districts are not afforded. In addition to retail and commercial uses, quasi-industrial and wholesale enterprises that do not meet an industrial setting and have considerable customer contact are acceptable in the highway commercial district. 111 A. Permitted Uses i. Governmental, business and professional offices ii. Retail shops and stores iii . Personal service establishments iv. Nurseries, produce markets, and garden centers which may include outdoor display v. Convenience stores vi . Public parks vii . Financial Institutions viii . Sale of firearms B. Accessory Uses i. Signs as are permitted in Section 900 .22 ii. Off-street parking facilities • iii . Off-street loading facilities 9.30 • iv. Telephone booths v. Private recreational facilities vi. Public shelters and essential services C. Conditional Uses i. Enclosed light manufacturing with related retail sales ii. Car, RV and marine sales iii. Nonprofit clubs, lodges, or halls iv. Licensed daycare facilities v. Institutional uses vi. Equipment rental businesses vii. Commercial recreational facilities viii.Auto repair shops 111 ix. Shopping centers x. On-sale liquor establishments xi . Governmental buildings and facilities xii. Veterinary clinics xiii. Car Washes xiv. Restaurants (Class II) xv. Motor vehicle service stations xvi. Motor vehicle specialty shops xvii.Therapeutic massage and sauna establishments xviii .Lumber Yard xix. Pawnshops (250 foot setback from any residential zone and 500 foot setback from schools, parks, daycare centers, churches and other pawnshops, measured from the property line) xx. Hotels and motels xxi. Restaurants (Class I) 9.31 • xxii. Development of property within fifth (50) feet of the Wild and Scenic River District xxiii. Mini-storage, provided: a. That the use is on unplatted land outside the urban service district 13 C4 - Neighborhood Commercial STA • .34 OF PURPOSE: The purpose of the C4-Neighbor Comme -1 district is to provide land use opportune, -s to attract .nvenience retail stores, and personal se ce establis'. ts. It is intended that this distric► 'rimarily serves surding residential neighborhoods and sinesses within the 'ediate area. Neighborhood Commer -1 districts shall be loca • adjacent to collector or art= ;al streets so that traffic d• not impact local streets. order for development to • ur within this district, , •lic sanitary sewer, storm sewer, and icipal water must be - ilable and hooked up in order to occupy .e particular busine A. Permitted .s i . Conveni. e retail es of goods and services • ii. Dry clean . and /indry establishments iii. Personal se and repair establishments such as barber and beau 'shops, shoe repair, etc. iv. . Printing s, ,as publishing shops B. Accessory Use, i. Uses • tomarily in `ental to the permitted or condition. / ses allowed i his district ii. 0 ./treet parking area , „/•ns as regulated in the k River zoning ord. Ice C. C. '�tional Uses Retail sale of gasoline ii. Car wash facilities iii . Daycare centers iv. Educational/institutional uses 9.32