Iten 5.1 A(
(0 Item # 5.1.
City of v MEMORANDUM
Elk River
TO: Planning Commission
FROM: Scott Harlicker, Senior Planne
DATE: November 28, 2000
SUBJECT: Case No. ZC 00-6 and LU 00-7
Request by Christopher Stokke for an Amendment to the Land Use
Plan and a Zone Change
Request
Consider a request by Christopher Stokke for an amendment to the land use plan
to change certain property from A (Agricultural) to HB (Highway Business) and a
zone change from Al (Agricultural) to C3 (Highway Commercial)
• Location
The property is located at the southeast corner of Highway 169 and 218th Avenue
Zoning/Land Use
Al (Agricultural Conservation) /A (Agricultural)
Attachments
• Location map
• Tax map showing the dimensions of property
• Letter from the applicant
• List of allowed uses in the C3 District
• List of allowed uses in the Al District
Overview
The applicant is requesting that a 2.9 acre parcel, located east of Highway 169
and south of 218th Avenue, be rezoned from agricultural to highway commercial.
The proposed rezoning also requires an amendment to the comprehensive land
• use plan to change the land use designation from agricultural to highway
business.
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone (763) 441-7420 • Fax (763) 441-7425
Memo to Planning Commission/ZC 00-6/LU 00-7
November 21,2000
Page 2
• Existing Conditions
The property is level, with frontage on both 218th Avenue and Highway 169. 218th
Avenue is a private drive that provides access to a farm, a single family home
and commercial kennel, and this property. The site has a small metal building on
it and is currently being used as a landscape business. There is no dwelling on
the site.
The surrounding land uses include a commercial kennel (Rin Tin Inn) and a
single family residence on the north side of 218th. To the south and east are
undeveloped properties. To the west is Highway 169 and the gravel mines. The
surrounding properties are all zoned agricultural and the properties to the east,
south and west are also included in the mining overlay district. This property and
the property to the north are not in the mining overlay district. The property is
outside the urban service area and is not served by municipal sewer or water.
The existing landscape business is not an allowed use in the Al district. The
applicant established the business at this location without contacting the City to
see if it was an allowed use. The agricultural district does allow some limited
commercial uses but not landscaping businesses. Landscaping businesses
would be classified in the same category as a garden center and are a permitted
use in the Highway Commercial District.
• Analysis
Access
The highway commercial district is intended to be the most intensive commercial
district. According to the Comprehensive Plan the purpose is to, "provide for high
impact commercial uses that typically require access onto the highway system."
This property does not have direct access to a public street. Access to Highway
169 is via a private gravel drive, which is not acceptable for highway commercial
property.
Uses
According to the Zoning Code, the Agricultural Conservation District was
established to preserve, promote, maintain and enhance the use of land for
agricultural purposes, to prevent leap-frog nonfarm development and protect
expenditures for public services. Establishing an isolated highway commercial
parcel in the middle of the Agricultural Conservation District would be contrary to
the purpose of the Agricultural Conservation District.
The highway commercial district allows a wide variety of intense commercial
• uses that would not be appropriate for this location (see attached list of uses
S:\PLANNING\SCOTT\ZC00-6.DOC
Memo to Planning Commission/ZC 00-6/LU 00-7
November 21,2000
Page 3
• allowed in the C3 district). Highway commercial uses in general are not
compatible with uses allowed in an agricultural district, which is what the
surrounding properties are zoned.
Compatibility with Comprehensive Plan
The Comprehensive Plan states that highway commercial uses should not be
extended north past 197th Avenue. Since the adoption of comprehensive plan
there have not been any changes significant enough to warrant extending the
highway commercial district north. This parcel is an isolated piece of property
almost 3 miles north of 197th Avenue.
Recommendation
Staff recommends the Planning Commission recommend denial of this request
for a zone change from Al (Agricultural Conservation) to C3 (Highway
Commercial) and a land use change from A (Agricultural) to HB (Highway
Business) based on the following findings:
1. The Comprehensive Plan outlined the extension of the Highway
Commercial District along Highway 169 up to, but not north of, 197th
Avenue. This property is almost 3 miles north of 197th Avenue. The
IIIconditions have not changed to warrant the proposed land use plan
amendment and zone change.
2. Access to the site is restricted. Access to the site is via a gravel private
drive, which is not appropriate for highway commercial property.
3. The surrounding properties are all zoned agricultural and highway
commercial uses are not compatible with agricultural uses.
An option the applicant may want to consider is operating the business as a
home occupation or amending the Agricultural Conservation District to allow this
type of use. The applicant could apply for a conditional use permit to operate the
landscape business as a conditional home occupation if he lived on the property.
Property zoned agricultural or rural residential would be the most appropriate.
•
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13065 Orono Parkway •P.O.Box 490 CASE:Z C 00 1°66
Elk River,MN 55330
S 1/2 NW 1/4 SEC. 10 T. 33 N. R. 26 W.
If SHER3URNE COUNTY, MINNESOTA •
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a iGRAPHIC SCALE
SHERBURNE COUNTY SURVEYOR'S OFFICE
DATE REVISION BY CHECKED
SID9/1/94 CREATED D ND _200 0 100 200 400 ELK RI19959ER, MINNESOTA 55330
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NOTE: ALL WATER FEATURES
DIG111ZED FROM 1991 THIS IS NOT A SURVEY. TO BE USED FOR REFERENCE PURPOSES ONLY.
( IN FEET ) AERIAL PHOTOGRAPHS SHERBURNE COUNTY IS NOT RESPONSIBLE FOR ANY INACCURACIES.
• Letter Of Explanation
To Planning Commission and City Council
The reason I am applying for a zone change of the property xxx 219th ave. is
because I feel the property would be better suited for commercial use. Right now it
is zoned Residential/ Agriculture, but it is located right along hwy. 169 in the middle
of mining, sanitation, and other home based businesses. It's not the greatest area for
a residential home, but I feel it is an excellent location for a business of any kind. I
don't feel that it would affect any adjacent properties negatively if it were zoned
commercial.
Ideally, if I were able to get the property rezoned, I would like to run a small
landscaping business out of the property. I feel that it is especially fitted to that area
along hwy. 169 because it is very similar to other businesses in the area such as the
gravel pits, Ready mix Plants, Elk River Bituminous, and other service industries. I
envision a neatly kept landscape business that stocks landscape procucts such as
• decorative rock and mulch, trees and shrubs, and hardscape materials. Adjacent
properties are zoned mining and agriculture and a landscape business is actually part
of both, trees being agriculture and landscape rock similar to mining in the area.
After looking into this situation I hope that you also feel this property is more
suitable for a commercial use than for a residential use. Thank you for your
valuable time in this matter.
Christopher J. Stokke
Greenscape Landscaping
ID
• A. Permitted Uses
i . Governmental, business and professi. al offices
ii . Outpatient health care facilities
' i . Personal service establishment
i Public parks
B. Acce -ory Uses
i . gns as permitted in Se' ion 900 .22
ii . Of , street parking face ities
iii . Off- reet loading f ilities
iv. Teleph e booths
v. Private ecreati. al facilities
vi . Public sh- ter and essential services
C. Conditional Uses
• i . Licensed d- ca e facilities
ii . Institut' ,nal us
iii . Single amily Dwel ;rigs
iv. Fin- ial institutio
v. F eral parlor
vi . :oarding house
v' . Governmental buildings and ilities
iii . •- u-ssage and saun- establishments
12 . C-3 - Highway Com-ercial 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.
9.30
•
• • -'4*
• 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
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
110 ix. Shopping centers
9.31
• 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)
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
1 C4 - Neighborhood Commercial District
STATEMENT • - RPOSE: The purpose of the C4-Neighborhood
Commercial dist - ' s to provide land use oppor - - to
attract convenience r- stores, and per - - service
establishments. It is inte that district primarily
serves surrounding residential = -.1.orhoods and businesses
within the immediate area. ghbor Commercial districts
shall be located adjace. o collector or - erial streets so
that traffic does .- impact local streets . •rder for
development t. ur within this district, public -nitary sewer,
storm sew- - and municipal water must be available a J ooked up
in or.- to occupy the particular business .
A. Permitted Uses
• i . Convenience retail sales of goods and services
9.32
pe 1 . tted, conditional or accessory) for a use not expressly
• list as permitted, conditional or accessory or which invol - a
combi ion of uses . An application for a determination be
submitt_ ' to the Zoning and Building Administrator an• -ferred
to the P1- , ing Commission for recommendation and Council for
decision. e determinations shall be based on •stantial
similarity to isting use classifications, b- •me of future
binding force a effect and be maintained file by the City
Clerk.
900.12 PERMITTED, ACC4 ORY, AND Cs - TIONAL USES BY DISTRICT
1 . FP - Floodplain Ove -y strict
Special standards and cri i- or the Floodplain Overlay
District shall be as se orth Section 902 of the Code.
2 . SL - Shorelan. • erlay Distric.
Special standa and criteria for the •reland Overlay District
shall be as forth in Section 904 of t' - Code.
3 . WSR Wild and Scenic River Overlay Distr
Spec' - standards and criteria for the Wild and Sce - River
Ov- ay District shall be as set forth in Section 906 of the
• P •de
4. A-1 - Agricultural Conservation District
STATEMENT OF PURPOSE: The Agricultural Conservation District is
established for the purpose of preserving, promoting,
maintaining, and enhancing the use of land for commercial
agricultural purposes, to prevent scattered and leap-frog nonfarm
growth, to protect expenditures for such public services as roads
and road maintenance, and police and fire protection.
A. Permitted Uses
i . Agricultural uses (5 acre minimum lot size)
ii . Public parks, playgrounds and open space
iii. Facilities for flood and erosion control
iv. Horticultural uses
v. Golf courses and Country Clubs
vi. Single family dwellings
vii. Model homes in compliance with Section 900 .20, - -
Subsection 13
9.19
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•
i
• viii .Licensed day-care facilities for 12 or fewer
children
ix. Permitted home occupations
x. Truck tractor and/or trailer parking (non-platted
parcels five (5) acres in size or greater)
xi. Open space preservation development plats
(residential clustering)
B. Accessory Uses
i. Accessory farm structures
ii . Public shelters and essential services
iii. Garages and sheds including metal skin buildings
iv. Private recreational facilities
v. Private kennels
C. Conditional Uses
i . Commercial recreational facilities
• ii . Campground
iii . Reserved
iv. Feed lots
v. Institutional Uses
vi . Roadside sales stands
vii . Veterinary clinics and commercial kennels
viii. Cemeteries and memorial gardens
ix. Conditional home occupations
x. Airports
xi. Governmental buildings and facilities
xii. Temporary mobile homes consistent with Section
900 .20
xiii .Reserved
• xiv. Licensed day-care facilities for 13 or more
children in institutional buildings
9.20
xv. Agricultural uses (less than 5 acre lot size)
xvi. Truck tractor and/or trailer parking (platted
parcels or parcels less than five (5) acres in
size)
xvii . Wind generators
xviii . Cooperative gardening in preserved open space
xix. Horticulture and floriculture services in
preserved open space
xx. Private stables in preserved open space
xxi . Wayside stand in preserved open space
5 . --1 - Single Family Residential District
STAT I PURPOSE: The Residential Districts are es - ished
to accomplis he general purposes of this Ordinance d for the
following spec ' c purposes :
A. To prese - living qualities of r- dential
110 neighborhoods.
B. To ensure futur igh quali amenities including, but
not limited to, the pr• ision o " adequate light, air,
privacy, and convenience 'f - ' ess to property.
C. To increase convenie• e -nd comfort by providing usable
open space and recreati• spa on or near the housing units
they serve.
D. To prevent ad. ' ions or altera .ns of structures which
would damage the • aracter or desirab ' ty of existing
residential are- .
E. To Prot= residential areas, to the e ent possible
and appropr' =te in each area, against unduly -avy motor
vehicle t• ffic.
F. T. encourage a variety and range of dwelling 4.es and
a wi.- range of population densities with emphasis • home
own= ship.
R-la - •ingle Family Rural Residential
STA ' dlNT OF PURPOSE: The Rural Residential District is intende•
• to -flow for a "rural life-style" by permitting low-density
r• -idential development in areas that are marginal or nonfeasible
for agriculture. The R-la district is intended to be primarily a
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