6.11.-6.12. SR 10-17-2005
Item # 6 _ 11 _ & 6. 12. .
MEMORANDUM
TO:
FROM:
Mayor and City Council
Scott Harlicker, Senior Plannt:
October 17, 2005
DATE:
SUBJECT:
Case No. LU 05-06 & ZC 05-04
Request by the City of Elk River for Land Use Plan Amendment
and Zone Change
Request
Consider a request by the City of Elk River for a Land Use Plan amendment from CC
(Community Commercial) to HB (Highway Business) and a zone change for from BP
(Business Park) to C3 (Highway Commercial).
Location
Lots 1 and 2 Country Crossing Business Park; southwest corner of Joplin Street and
Highway 10
Zoning/Land Use
BP (Business Park) / CC (Community Commercial)
Attachments
· Location Map
· Resolution No. 05-_
· Ordinance No. 05-_
Overview
On August 15th the zoning code was amended to eliminate the reference of HB (Highway
Business) land use in the BP district, since there were no BP districts with the underlaying
land use of HB. Prior to August 15th, there were different uses allowed in the BP district if
Land Use and Zone Change/LU 05-06 & ZC 05-04
October 17,2005
Page 2
the underlaying land use was HB. These 2 lots have a land use designation of CC and are
zoned BP
In order to bring consistency between zoning and land use, the city initiated this zone
change and land use amendment.
Adjacent Zoning and Uses
East
South
West
North
C3 (Highway Commercial)
BP (Business Park)
BP (Business Park)
C4 (Community Commercial)
Cenex Convenience Store
Orluck Industry building, F airbault Foods
Vacant
Highway 10 and City Liquor Store
The property is fully developed with two multi-tenant buildings. Current tenants include a
Holiday convenience store, pizza restaurant, hair stylist and bail bondsmen. There are several
vacant tenant spaces. Since the property is along Highway 10 at a busy signalized
intersection, staff feels it makes sense to change the zoning to C3 (Highway Commercial)
and land use to HB (Highway Business).
Planning Commission Meeting
At the Planning Commission meeting held on September 27th one resident spoke at the
public hearing. The Commission and the resident both asked what impact the request would
have on the existing businesses. The request will not affect the existing businesses.
Recommendation
The Planning Commission and staff recommend approval of the proposed land use
amendment from CC to HB and zone change from BP to C3.
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CITY OF ELK RIVER
CITY OF ELK RIVER
RESOLUTION NO. 05-_
A RESOLUTION AMENDING THE COMPREHENSIVE PLAN
TO CHANGE THE LAND USE FROM CC (COMMUNITY COMMERCIAL) TO HB
(HIGHWAY BUSINESS)
Case No. LU 05-06
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, September 27,
2005 and recommended approval regarding the Comprehensive Plan amendment request for the
property generally described as:
Lots 1 and 2, Block 1, Country Crossing Business Center,
Sherburne County, Minnesota
and,
WHEREAS, the City Council has reviewed the Comprehensive Plan amendment request
and Ends the following:
1. The proposed amendment is appropriate for this site because the Zoning Code has
been revised to eliminate the commercial land use designation from the BP zoning
district.
2. The proposed amendment would eliminate a situation where a parcel has
inconsistency between land use and zoning.
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 above from CC
(Community Commercial) to HB (Highway Business).
PASSED by the City Council of the City of Elk River this 17th day of October, 2005.
John Dietz, Acting Mayor
ATTEST:
Joan Schmidt, City Clerk
ORDINANCE 05 -
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY
FROM BP (BUSINESS PARK) TO C3 (HIGHWAY COMMERCIAL)
CASE NO. ZC 05- 04
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:
Lots 1 and 2, Block 1, Country Crossing Business Center
Section 2.
The rezoning is being approved based on the following [mdings:
1. The proposed C3 zoning is consistent with the proposed land use designation
of Highway Business.
2. The proposed zone change is appropriate for this site because the Zoning
Code has been revised to eliminate the commercial land use reference from
the BP zoning district.
3. The current BP zoning is not consistent with the commercial use of the
property.
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 17th day of October, 2005, by the City Council of the City of
Elk River.
John Dietz, Acting Mayor
ATTEST:
Joan Schmidt, City Clerk
S:\pLANNING\Case Files\2005\LU 05-06 City ofER\ZC05-040rdinance.doc