6.12. & 6.13. SR 08-15-2005
Items # 6.12ac 6.13.
MEMORANDUM
TO: Mayor and City Council
FROM: Michele McPherson, Director of Planning
DATE: August 15, 2005
SUBJECT: Case Nos. lU 05-03 and ZC 05-0 I
Request by the City of Elk River for land Use Amendment, Parcels
#6 and 8
Request by the City of Elk River for Zone Change, Parcels #6 & # 8
Request
The City Council is asked to consider a land use amendment and zone change for two parcels.
They are Parcels 6 and 8 from the zone change request, ZC 05-01. This zone change request
has been processed to bring the zoning map into conformance with the Land Use Map adopted
in 2004.
Attachments
. Resolution No. 05 -
. Ordinance No. 05 -
Analysis
Parcel 6 - Land Use Change from Light Industrial to High Density Residential
Parcel 6 is located adjacent to Bonine Excavating on Meadowvale Road and is comprised of two
parcels. The parcels include a single family home of the American Four Square archetype and
two multi-tenant residential buildings. The property is zoned multi-family. It has been guided
Light Industrial in the Comprehensive Plan. The two parcels total 5.4 acres, but a large portion
is wetland. There are townhomes to the east of the two parcels.
The Planning Commission, at its June workshop, indicated a preference to have these parcels be
high density residential. They recommended unanimously at their July 26, 2005 meeting that the
City Council approve the land use amendment from Light Industrial to High Density Residential
Planning Department Mission: the orderly development of a livable and sustainable Elk River community.
Mayor and City Council/LU 05-06 and ZC 05-0 I
August 15. 2005
Page 2
Parcel 6 - Zone Chan~e from R3. T ownhome District to II. Li~ht Industrial
If the parcel is re-guided to High Density Residential, the request to rezone the parcel can be
withdrawn. The Planning Commission voted unanimously to recommend that the zone change
for this parcel be withdrawn.
Parcel 8 - land Use Chan~e from Hi~h Density Residential to Community Commercial
ParcelS is that parcel located south of 193rd Avenue, north of Elk Lake Road (County Road 1)
and between Upland and Proctor Avenues. The intersection of Upland Avenue and County
Road 1 is not signalized and has a stop condition for the side street.
The property contains a large wetland complex in the middle. The NRI notes both areas of Oak
woodland-brushland and Altered/non-native deciduous woodland on the portion of the parcel
adjacent to Proctor Avenue. The Comprehensive Plan has this area guided for High Density
Residential. It is currendy zoned both Community Commercial near Upland, and Single Family
Residential near Proctor. There is significant space on the east side for residential development,
and given the site constraints of the wedand for the westerly parcel, it may be appropriate for
some type of multi-family housing to be located on this site versus commercial.
S:\PLANNING\Case Files\200S\LU 05-03 City ofER\81S 05 CC Memo.doc
Mayor and City Council/LU 05-06 and ZC 05-0 I
August 15. 2005
Page 3
The Planning Commission indicated a preference to re-guide the westerly portion of the parcel
Community Commercial and to maintain its current zoning of Community Commercial. The
Commission at its July 26, 2005 meeting, voted unanimously to recommend that the City
Council re-guide the westerly 1/3 to Community Commercial.
Parcel 8 - Zone Chan&e from Sin&le Family Residential to R4. Multiple Family
The Planning Commission voted unanimously to recommend approval of this zone change
request. This parcel is close to schools, is adjacent to townhomes and a daycare, and is relatively
close to retail services including groceries and general merchandise.
Recommendation
Staff and the Planning Commission recommend that the City Council approve the resolution
and ordinance for the land use amendment and zone change as presented.
S:\PLANNING\Case Files\200S\LU 05-03 City ofER\81S 05 CC Memo.doc
CITY OF ELK RIVER
RESOLUTION NO. 05 -
A RESOLUTION AMENDING THE COMPREHENSIVE PlAN
TO CHANGE THE lAND USE FOR:
PARCEL #6 FROM LIGHT INDUSTRIAL TO HIGH DENSITY RESIDENTIAL; AND
PARCEL #8 FROM HIGH DENSITY RESIDENTIAL TO COMMUNITY
COMMERCIAL
Case No. LU 05-03
WHEREAS, Minnesota Statutes, Chapter 462.355, Subdivision 2, prescribes the procedure
for amending the Comprehensive Plan, and
WHEREAS, the Planning Commission held a public hearing on Tuesday, July 26, 2005, and
unanimously recommended approval regarding the Comprehensive Plan amendments requested for
the property generally described as:
(See Attached Exhibit A for Parcel #6 and Parcel #8)
and,
WHEREAS, the City Council has reviewed the Comprehensive Plan amendment requests
for Parcel #6 and Parcel # 8 and finds the changes to be in general conformance to the adopted
Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River
that the Land Use Plan be amended to change the property as described as Parcel #6 from Light
Industrial to High Density Residential, and the property described as Parcel #8 from High Density
Residential to Community Commercial.
PASSED by the City Council of the City of Elk River this 15th day of August, 2005.
Stephanie Klinzing, Mayor
ATTEST:
Joan Schmidt, City Clerk
Exhibit A
Parcel #6
That part of the Southwest Quarter of Section 28, Township 33, Range 26, Sherburne
County, Minnesota, and that part of the Northwest Quarter of Section 33 said Township,
said Range, described as follows:
Commencing at the Southwest comer of said Section 28, thence North 88 degrees 20
minutes 29 seconds East, an assumed bearing along the South line of said Section 28 a
distance of945.83 feet to the point of beginning of the land to be described, thence North
32 degrees 50 minutes 46 seconds East a distance of2l7.4l feet; thence North 00 degrees
19 minutes 51 seconds West a distance of 567.37 feet to the Southerly right-of-way line
of Burlington Northern Inc. Railway; thence Southeasterly a distance of282.65 feet
along said Southerly right-of-way, being a curve concave to the Southwest and not
tangent to the last described line, said curve has a radius of 2799.78 feet, a central angle
of 05 degrees 47 minutes 04 seconds and the chord of said curve bears South 68 degrees
10 minutes 33 seconds East; thence South 00 degrees 29 minutes 58 seconds West, not
tangent to the last described curve, a distance of 634.25 feet, thence South 88 degrees 20
minutes 29 seconds West a distance of 55.13 feet; thence South 30 degrees 02 minutes 22
seconds West a distance of234.88 feet to the Northeasterly right-of-way line of
Meadowvale Road (also known as County Road No. 44); thence North 59 degrees 14
minutes 14 seconds West along said Northeasterly right-of-way line a distance of 141.88
feet; thence North 61 degrees 59 minutes 08 Seconds West, continuing along said
Northeasterly right-of-way line, a distance of 130.94 feet; thence North 32 degrees 50
minutes 46 seconds East a distance of 71.54 feet to the point of beginning.
Parcel #8
That part of the following tracts of land lying Northerly of the Northerly right-of-way line
ofCSAH. No.1 according to Doc. No. 114066 on file and of record in the office the
County Recorder, Sherburne County, Minnesota, and lying Easterly of the Easterly right-
of-way line of Burlington Northern Railroad, Inc. the aforementioned tracts are described
as follows:
The Northeast Quarter of the Southwest Quarter of Section 28,
Township 33, Range 26, Sherburne County, Minnesota,
And also:
The Northwest Quarter of the Southeast Quarter of said Section 28.
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ORDINANCE 05 -
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE PROPERTY DESCRIBED
AS PARCEL #8 FROM SINGLE FAMILY RESIDENTIAL TO MULTIPLE
FAMILY RESIDENTIAL
CASE NO. ZC 05- 01
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. The duly adopted Zoning Map of the City of Elk River is hereby
amended to rezone the properties described as:
See Attached Exhibit A
Section 2.
The rezoning is being approved based on the following fIndings:
1. THE REQUEST IS CONSISTENT WTH ADJACENT ZONING AND
EXISTING USES.
2. THE ZONING IS CONSISTENT WITH THE LAND USE.
Section 3. That this Ordinance shall take effect and be in full force from and
after the date of its publication.
Passed and adopted this 15th day of August, 2005, by the City Council of the City of Elk
River.
Stephanie A. Klinzing, Mayor
ArrEST:
Joan Schmidt, City Clerk
Exhibit A
Parcel #8
PID # 75-128-4200
The East Half of the Northwest Quarter of the Southeast Quarter of Section 28,
Township 33, Range 26, Sherburne County, Minnesota.
PID # 75-128-4502
That part of the West Half of the Northwest Quarter of the Southeast Quarter lying
northerly of the northerly line of the right-of-way of CSAH No.1, Section 28,
Township 33, Range 26, Sherburne County, Minnesota.
S:\PLANNING\Case Files\2005\ZC 05-01 City of ER\Ordinance #S.doc