4.4. PCSR 09-27-2022Request for Action
To Item Number
Planning Commission 4.4
Agenda Section Meeting Date Prepared by
Public Hearings September 27, 2022 Zack Carlton, Community Development Director
Item Description Reviewed by
Phoenix Enterprises – Outlot A, Cherryhill Chris Leeseberg, Senior Planner
Bluffs Fourth Addition
Reviewed by
Land Use Amendment Guiding the
Property for Highway Business, Case No.
LU 22-03
Zone Change from R-1c (Single Family
Residential) to C3 (Highway Commercial),
Case No. ZC 22-09
Action Requested
Recommend, by motion, approval of the Comprehensive Plan
amendment changing the guidance for Outlot A, Cherryhill Bluffs
Fourth Addition from Traditional Single Family Residential to
Highway Business.
Recommend, by motion, approval of an ordinance rezoning Outlot A,
Cherryhill Bluffs Fourth Addition from R-1c to C3 for the following
reason:
1. The rezoning is consistent with the City of Elk River Land Use
Plan.
And with the following conditions:
1. The Land Use Amendment, to Highway Business (LU 22-03)
shall be approved by the City Council.
2. All future signage on the property shall be permitted in
accordance with city codes.
3. Council approval of a boundary line adjustment combining the
parcel with the abutting lot to the north.
Background/Discussion
The subject site is a remnant Outlot from the Cherryhill Bluffs
residential subdivision. The lot includes an island that connects via a
land bridge to the office building to the north. The applicant’s plan with the current land use applications will be
to rezone the subject parcel and connect the lot, via the platted exemption process, to the adjacent parcel which
includes the main offices for the applicant. This will provide the applicant with an opportunity to legally expand
the signage on the subject site.
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: August 2020
The proposed land use guidance for Highway Business supports the requested zone change along with the long-
term signage goals. Highway Business uses are to be located along the Highway 169 or Highway 10 corridors in
areas that have high visibility from the adjacent highway. These parcels should support regional scale commercial
uses. As the parcel has a land bridge connection to an existing office building, the requested land use amendment
meets the goals of the ordinance.
The requested zone change would be consistent with the land use, provided the amendment is approved by the
Planning Commission and City Council. Any future use of the island for signage must comply with the city’s
ordinances related to signage in the C-3 (Highway Commercial) zoning district.
Additionally, MnDOT also notified the property owner that the existing sign on the island does not meet their
standards and that it must be located on a commercially zoned property.
Financial Impact
None
Mission/Policy/Goal
Support the growth and development of the business community.
Attachments
Location Map
Applicants Narrative
Existing and Proposed Land Use/Zoning Exhibit
Proposed Plat
Phoenix Enterprises
Land Use Amendment & Zone Change
Case No:LU 22-03
Description of Project Narrative
The narrative is your opportunity to describe, promote and sell your proposal to the Planning
Commission and/or City Council before the meeting(s). A typewritten narrative explaining your
request in detail should include, but not limited to, all the following applicable information:
o Detailed description/scope of project. What is being proposed?
o What are the reasons/purposes for the proposed Zone Change?
o What has changed to warrant the Zone Change?
■ How is the request consistent with City of Elk River Comprehensive Plan?
■ How compatible is it with surrounding properties?
is to the City?
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Page 4 (Last Modified 5/3/2022)
IME
KNOW ALL PERSONS BY THESE PRESENTS: That Phoenix Enterprises LLC, a Minnesota Limited
Liability Company, fee owner of the following described property situated in the County of Sherburne,
State of Minnesota, to wit:
Lot 1, Block 1, HILLSIDE CROSSING SOUTH, Sherburne County, Minnesota.
AND
Outlot A, CHERRYHILL BLUFFS FOURTH ADDITION, Sherburne County, Minnesota.
Has caused the same to be surveyed and platted as HILLSIDE OFFICE.
In witness whereof said Phoenix Enterprises LLC has caused these presents to be signed by its
proper officer this day of , 202.
PHOENIX ENTERPRISES LLC
Its
(Signature) (Title)
(Print Name)
STATE OF MINNESOTA
COUNTY OF
The forgoing instrument was acknowledged before me this day of ,
202 by of Phoenix
Enterprises LLC, a Minnesota Limited Liability Company, on behalf of the Company.
I hereby certify taxes payable in the year on lands
herein described are paid in full, and there are no delinquent
taxes, and that transfer was entered this day
of , 202.
Sherburne County Auditor/Treasurer
I hereby certify that this instrument was filed in the Office of
the County Recorder for record on this day
of , 202 , at o'clock M.
and was duly recorded as Document
Number
Sherburne County Recorder
SEC.27, T.32, R.26
Notary Public, Minnesota
My commission expires
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I hereby certify that I have surveyed and platted the land, or directly supervised the surveying and
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platting of the land described on this plat as THE HILLSIDE OFFICE; that this plat is a correct
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representation of the boundary survey; that all mathematical data and labels are correctly
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designated on this plat; that all monuments depicted on this plat have been, or will be correctly
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set within 1 year; as of the date of this certification, all wet lands and water boundaries and all
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public ways are shown and labeled as defined in Minnesota Statutes, Section 505.01, Subd. 3.
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Brian Person, Licensed Land Surveyor
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Minnesota License No. 49138
STATE OF MINNESOTA
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This instrument was acknowledged before me this day of
202 by Brian Person, a Licensed Land Surveyor, Minnesota License No. 49138.
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Approved and accepted by the City Council of the City of Elk River, Sherburne County, Minnesota at
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LAND SURVEYORS + ENGINEERS
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505 First Street, Princeton, MN 55371
0 - 763.389.4476 RRLSE.com