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94-011 ORD e e e ORDINANCE 94 - 11 CITY OF ELK RIVER AN ORDINANCE REZONING CERTAIN PROPERTY WITHIN THE CITY TO THE R-1B (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT WHEREAS, the City Council of the City of Elk River has initiated proceedings to amend the Zoning Ordinance of the City of Elk River to rezone the property legally described on attached Exhibit A hereto (the Property) to the R-1b, Single Family Residential zoning district; and WHEREAS, the Planning Commission of the City of Elk River has held a public hearing on the proposed rezoning and has recommended to the City Council that the Property be rezoned as proposed; and WHEREAS, the City Council of the City of Elk River has also held a public hearing on the proposal to rezone the Property and has taken testimony on the proposal from all persons desiring to be heard on the matter; and WHEREAS, the City Council has considered all of the materials, testimony and other evidence presented by City staff and the public with respect to the proposed rezoning; NOW, THEREFORE, the City Council of the City of Elk River, based on all of the materials, testimony and other evidence in the record before it, makes the following Findings of Fact and adopts the following Ordinance: A. FINDINGS OF FACT 1. The Property was originally zoned A-1, Agricultural Conservation District. 2. On November 3, 1978, a portion of the Property was rezoned from A-1 to I-2, Medium Industrial District, by the Elk River City Council. 3. The City Council also approved, on November 3, 1978, a Conditional Use Permit permitting use of the rezoned portion of the Property as a salvage yard, body shop, mechanical repair area and truck dealership, subject to certain conditions. e 4. Since 1978, various owners of the Property have failed to fully comply with the conditions of the Conditional Use Permit issued in 1978, including the specific requirement to screen the Property used as a junk yard from Highway 10 by landscaping or other effective means to screen operations from public view. 5. The City has attempted to bring the Property into compliance with this and other conditions of the Conditional Use Permit on several occasions since 1978. These efforts have been unsuccessful in achieving compliance with all of the requirements of the Conditional Use Permit. 6. The Property remains at this date in violation of the terms of the Conditional Use Permit. 7. In 1980, the City adopted a "Generalized Land Use Map" which designated the planned land uses for all land within the City. The Generalized Land Use Map designated the Property and surrounding land to the east, west and north for medium density residential uses. e 8. In 1988, the City adopted a Comprehensive Plan, entitled the Growth Management Plan. The Growth Management Plan included a Land Use Plan, which designate the planned land uses for all land within the City. The 1988 Land Use Plan designates the Property and the surrounding land to the east, west and north for medium density residential uses. 9. In 1990, the City did a series of Focus Area Studies analyzing various areas of the City. The Property is immediately adjacent to "Focus Area A." The Focus Area Study Report included a number of detailed recommendations for the improvement and development of Focus Area A. The existing industrial zoning and use of the Property is inconsistent with these recommendations. 10. The Property is surrounded on three sides, to the east, west and north, by several hundred acres of land zoned R-1b, and constitutes a spot zone within this residentially zoned area of the City. e 2 . e 11. The properties to the east, west and north of the Property, in addition to being designated for residential uses in the City's Land Use Plan and zoned for residential uses pursuant to the City's Zoning Ordinance and Zoning Map, are also used for residential purposes. 12. The existing industrial zoning and industrial use of the Property is inconsistent with the City's Comprehensive Plan and with the land use designation, zoning and use of surrounding properties. 13. In addition to the inconsistency of the existing land use on the Property with surrounding land uses and development, industrial use of this property presents a potential environmental threat to the surrounding residential area and the Elk River. The City has conducted a limited environmental investigation of the Property which has disclosed contaminated soils on portions of the Property and the potential for additional contamination. The proximity of the Property to surrounding residential uses and the Elk River makes it important that this contamination be addressed. Rezoning the Property will expedite the process of addressing these environmental concerns. e 14. Rezoning the Property to R-1b will bring the Property into compliance with the City's Comprehensive Plan and Land Use Plan Map. 15. Rezoning the Property to R-1b will make the zoning of the Property compatible with the existing R-1b zoning and residential uses of the properties to the east, west and north of the Property, and establish continuity and consistency of the zoning in this area of the City. 16. Increased development interest in the western part of the City constitutes a change of circumstances and conditions requiring that properties in this area of the City be rezoned to the appropriate zoning district so that development will be compatible with surrounding development and consistent with the City's adopted Land Use Plan Map. 17. Rezoning the Property to eliminate the Industrial zoning and use of the Property will conserve and protect property values within this part of the City. 18. The City Council further finds that all procedural and other requirements of Section 900.44 of the City Code of Ordinances have been complied with in the consideration and action on this rezoning proposal. e 3 . e e e B. ADOPTION OF ORDINANCE The City Council of the City of Elk River, based upon the Findings of Fact set forth above and all of the materials, testimony and other evidence in the record before it, does hereby ordain as follows: 1. The Property described on Exhibit A attached hereto shall be rezoned to the R-lb, Single Family Residential, zoning district. 2. This Ordinance shall take effect upon publication as provided by law. 3. That staff is directed to initiate a text amendment to the Zoning Ordinance to change the amortization period from five years to ten years. 4. Staff is directed to explore the purchase of the property and all other options for assisting the Roys in relocating. Passed and adopted by the City Council of the City of Elk River, this 15thday of , 1994. ~ A. Duitsman, Mayor if' Attest: lerk 4. PKB:JBOs e e e EXHIBIT A The West one-half of the West one-half of the Northeast Quarter of Section 31, Township 33, Range 26, Sherburne County, Minnesota, lying East of the West 392.00 feet. -........-...-....- ..-.--...-.-....-.------ .......---.-.--..-.-.~..'..-;;r..-.. .-."..-...--..........-..-. ........... -.,.... - ./' C'.. /~./. . /.' ,,(,.' .I(!.' ,/.' ~.l'; /' .... ..- '3 ~ z. ---~-;> /(" -.:1- .,~ ././~ ",.1" ,/"' - " /' / ,'" .J'~ '.' / " .,~..,. . ,.:' r ", " ../ -----..----._....____ _-L....._ /.v ......__.~. ..__~.__...._.....__.__.._.. -----.-- - "-.-...--.-.......-...-....---"'-,.............,....-.- -.........- ....-,., "." ., -................J HYw /0 Mfidavit of Publication STATE OF MINNESOTA ) )ss. COUNTY OF SHERBURNE) t he/she is the publisher or authorized agent and employee 0 the publisher of the newspa- per known as The Elk River Star News, and has full knowledge ofthefacts which are stated below: (A) The newspaper has complied with all the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed () AJlJ1A( UMAi "J 9 '-/-/ / which is attached was cut from the columns of said newspaper, and was printed and published once each week, for-/-" suc- ceSl,;ve-lkS; it was first published on W edne.day, the 7.... day of bf4-:r.~A) , 19~, and was thereafter printed and published on every Wednesday to and including Wednesday, the _ day of ,19_; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice. a b c de fg hij k 1m n Q p q r stu v w xy z BY:~ TITLE: € .' fYl~i -wi , Notary Pu~c a-+:!J... 1 day of RATE INFORMATI (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter CINDY M. SCHIMINSKI NOTP.RY p; INNESOTA I I ~ " OUNTY MY CC'AMISSION EXPIRES 6-10-99 $ :SS'S-,Q 0 $ ~V'}(P.'55 $ ~VJ(P,5"<5 CITY OF ELK RIVER AN ORDINAN~E REZONING CERTAIN PROPERTY WITHIN THE CITY TO TlIE R~IB (SINGLE FAMILY RESIDENTIAL) ! ZONING DISTRICT WHEREAS, the Clty Cm,mcil of the City of Elk River has initiated proceedings to amend the Zo~g Ordinance of the City of Elk River to rezone the property legally described o~ attached Eihibit Ahereto(the Property) to the R-lb"Single :Family Residential izoningdistrict; and .' . . WHEREAS, the Pluming Comnlisi3ion of the City of Elk River has held a public hearing on the propp Sed rezoning and has recomrilended to the City Council that the Prope~ be rez\>ned as proposed; and .... WHEaEAS, the C~tyCouncilofthe Elk River has also held a p~blichearing on the propqlial to rezor:e the Propertylmdh~ tak,en testimPny on the propq8al from allperson,8 desirinl{tO be heard.ou the matterj and WliEREAS, the C~ty cpuucil has considered all of the materillls, testimony and other ~vidence presented by City stilfl".. ~d the public with respect to the propqsed rezomng' . I.... ..... NOW, TH;EREFQiw, the City Cpuncil ofthe City of Elk River, based on all rifthe materials, test.imo~yand other.. evidence in the. record before it, makes the following rmdinge gfFactand adopts the following Ordinance: , A.F1NDINGSO~FACT .' . 1. The Property W~s originally zoned A.l, Nrricultural Conservation District. 2. On November ~, 1978, a portion of the Property was rezoned from A-I to 1-2, Medium Industriall District, by the Elk River City Council. 3. The City Co~npu also approved, ou November 3, 1978, a Conditional Use Permj.t permitting~seoftbe rezon~ portiQu oUhe Prope~as a salvage y~d, body shop, mecbamca1 re~air ~ audtl'lick de@l.ership,subject to certain conditions. "', ':" 4. Since .1978, varipus owners of the property have failed to fully comply wit)lthe conditions of the CbIlditional U~ Pe~tissuedin 1978, including the specific reqIlirement to ~~ theProperty~sedasajunk yard from Highway 10 by landl'CapUl(pll' ptht;!r e<<ective'~an8to screen operations from the public view. 5. The City has ~~teInpted.tobring the Property intoccimpliance with this and other conditions of ~e Conditional Use Permit. . ' 6. The Property ~mains at this date in violation of the terms ofthe Conditional Use Permit.. . . ! 7, In 1980, the City adl>pted a "Generalized Land Use Map. which designed the plllIlDed land uses '01' all land within the City. The Generalized Land Use Map designated the Property and surroun!ling land to the east, west and north for medium density Nllidential uses. ' 8. In 1988. the City adopted a QOmpreheusive PIaIl,entitled the Growth Management Plan; TJie Growth Management Plan iDcluded a Land Use Plan, which designatedtl;l.e plllIlDedlanduses for all land within the City. The 1988 Land Use Plan designll~the Property and the surrounding land to the east, west and north for medium=ensity.residentiall1seS. 9. In 19.90, the Ci dicJ. a serie8..0.fF. ~cus Area Studies .an., alyzing various areas of the City. The Pro is hnmediatelyadjacent to "Focus Area A.. The Focus Area Study Report incl1J!ded a number of detaile4 recommendations for the improve- ment and develop11ient of:Focu8Are~ A.. The eJdsting iDdu8trial zoning and use of the ~roperty is1i:Q.cQJ1siStentwith these recommendations. 10. The Property is surrounded on three sides, to the east, west and north, by several hundred ~ of land zoned R-lb, and constitutes a spot zone within this residentially zoued area of the City. 11. Properties to the: east, west and north of the Property, in addition to being designated for resi~utial uses in the City's Land Use Plan and. zoned for residential uses pursuant to the City's ZoningOrdinan<re and Zoning Map, are also used for residential p~rposes. . 12. The existing indu!ltrial zoning and industrial use of the Property is inconsisteut with the City's CompreJ>.ensive Plan and with the land use designa- tion, zoning andl1se ohl1rrouudingproperties. ' 13. In addition to the inconsistency of the existing land use on the Property with surroun. .' ding land l1ses and .development, industrial use of this property presents a potential environmental threat to the surrounding residential area and the Elk River. The City has conducted a limited environmental investigation of the property which has disclosedcontllIninated soils on portions of the Property and the poteutial for A4dj.ti,onal coutllQli.nation. The proximity of the Property to surroundingresi~ntial uses and, the Elk River makes it important that this contllIniuAtion. be ~dressed, Rezoning the Property will expedite the process of ad4res!lingthese etJ,vironmeutal concerns. 14. ~oning the ~~ ~jR,-lb will bring thePtoperty into compliance,~th the City's ComllrehePBlYe PJanlmd'I:.and Use Plan Map. 15.. RezoniDg the :property to R~ lb will make the zoniDg of the Property compat. ible with the exisAAg :R.-lb zouing and residential uses of the properties to the east, west anduort;h onhe Property, and esta,blish coutinuity and consistency of the zoning m this area of the City. . , 16.Increased development interest in the western part of the City1constitutes a change of circumstances and conditions requiriDg that properties iu this area of the City be rezoned to the appropriate zoning district so that development will be compatible with surrounding development fud consistent with the City's adopted Land Use Plan Mall. ,h'llvh1A r ifi ;it, .~ l!L ..,_..., '. _'~_~j.M_mtlli~-rt81zoPmg'andl1~oJ'the "'1'Operty WlM,pq: "JPm~\PmJlerty values withinthis~artofthe City. 18. The Qit)'Co1;l'ft rther ,finds that all p~duraland other requirements of SectiQ~ 900.44 of t)le City Code of otdinances have been complied with in the consideration and ,ctiou on this rezoniDg proposal. B. ADOPl'ION OF ORDINANCE The City Council of the City ofElk River, based upon the Findings ofFact set forth ilboveand all of the materials, testimony andothi;lr evidence in the record before it, does hereby ordain &iii follows: 1. The property described on Exhibit A attached hereto shall be rezoned to the R- Ib, Single family Residential, zoniDg .district. 2. This Ordinance !lhalltake effect upon publication as provided by law. . 3. That staffis directedto'iDitiate'll text amendment to the Zoning Ordinance to cl1lluge the amorti2;Atiouperiod from five y~ to ten years. 4. Staff is.directell to ~IQl'e the pu~ase of the property and all other options , for assisting the RQYllm relocating. I' Pa!lsed and adop~by the City Council of the City of Elk River, this 15th day of AUB11st, 1994. Henry A. DuitsmaIl, Mayor j ~... . HYUJ fD (Sp7) ATl'EST:. . Sandra Thackeray, City Clerk I"' , , j" EXliIBITA . The West one-hal( of the West one-half of ~he NQrtheast Quarter of Section 31, Township 33, Ra e 26, Sherburne County, Minneilota, lying East of the West 392.00 feet.