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7.4 SR 10-17-2022it ci Elk* River Request for Action To Item Number Mayor and City Council 7.4 Agenda Section Meeting Date Prepared by Public Hearings October 17, 2022 Zack Carlton, Community Development Director Item Description Reviewed by Phoenix Enterprises — Oudot A, Cherrybill Chris Leeseber , Senior Planner Reviewed by Bluffs Fourth Addition ■ Land Use Amendment: Single Family Cal Portner, City Administrator Residential to Highway Business ■ Zone Change: from R-lc (Single Family Residential) to C3 (Highway Commercial) ■ Plat: Hillside Office Action Requested Adopt, by motion, a resolution amending the Comprehensive Plan and changing the guidance for Outlot A, Cherryhill Bluffs Fourth Addition from Traditional Single Family Residential to Highway Business. Adopt, by motion, an ordinance rezoning Oudot A, Cherryhill Bluffs Fourth Addition from R-lc 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. Freestanding signage on the peninsula shall be limited to 10 feet tall and 12 feet wide. 3. Council approval of a boundary line adjustment/platted exemption combining the parcel with the abutting lot to the north. Adopt, by motion, a resolution approving the plat of Hillside Office subject to Council approval of the associated land use and zoning map amendments. Figure I Background/Discussion The subject site is a remnant oudot 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 parcel and combine 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 P I I E I E o I Y A n elcoming community with revolutionary and spirited resourcefulness, exceptional INATUREI 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 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 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. Planning Commission During the public hearing, one resident spoke and expressed concerns over the potential proliferation of signage on the site. The Commission agreed with her concerns and added a condition that future signage on the site shall be limited to what is present at the time of approval. The Commission unanimously recommended approval with that additional condition. Staff met with the applicant on site and measured the sign at 8 feet tall and 12 feet wide. The applicant requested the height limit be increased to 10 feet to allow some flexibility for future signage. The condition included in the approval reflects the applicant's request. Plat of Hillside Office In addition to, and as a result of, the land use amendment and zone change, the applicant has submitted a platted exemption application that will combine Oudot A, Cherryhill Fluffs Fourth Addition with Lot 1, Block 1, Hillside Crossing South to create one parcel. Approval of the previous two applications will place both properties within the same land use and zoning designations, clearing the way for approval of the combination. The lot combination creates an overall decrease in the number of parcels and is exempt from the city's subdivision ordinances. Mission/Policy/Goal ■ Support the growth and development of the business community. Attachments ■ Location Map ■ Applicants Narrative ■ Existing and Proposed Land Use/Zoning Exhibit ■ Plat of Hillside Office ■ Comprehensive Plan Amendment Resolution ■ Zone Change Ordinance Amendment ■ Plat Resolution omega 40 —W 7F- 1 7 5, 'n 57 IG —WW IF 7 7 03 5 !-AUDI % 1 41. 75 -560-0235 Phoenix Enterprises Land Use Amendment & Zone Change 7 010 7).632-02513 75-532 256 75 .75 2-0254 t 5 32 220 v 7 1 12 14" 1 32 -34 7 16-1238 7 IQ23 Case No: LU 22-03 ZC 22-09 RJvc'-r'*-- 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? tblt"!5 a,c-b,L3ILJ5tsJ the C'i,,,-? (7il acul 6) b p z e ihu CrN Will �5 (I 31 Page 4 (Last Modified 5/3/2022) G I A IIIhU G HB TSFR HB TSFR Yllib lb ssyllib Ex'� ' gss 13bProp ed LLI 13 L �I � L ry Ln l 9y 7 2 D w w I w w 91"4_ 1 . 1s L IP�C ssl CFO - A lo� 9 aurF�Kl�im W61M 1s 11 cl�o S,�G ' a 0 1 1192 l I o� Ids (Signature) (Title) (Print Name) STATE OF MINNESOTA OUNTY OF The forg.l,g instrument was ICkpowledged before me thls day It , 202 by .l ph"". E,lerprlses LLC, I Ell .... Eto Limped Lllblllty Company, In behalf AT the Company. ..ry Public. 1„es.1, .mm�ssl., pares eby 1erury t al , s 1� dad PI t d the .- ar d-Etly s. er �eyleg o d PIET119 If ih and des..lbed I, cols Pl,t P THE HILLSIDE OFFICE. that Pthls plat A co t tali., If the b u,dkIy survey that al coo hemallcol dap Ina la eclly dePsign pled .n this PI.p ih.t .11 d.FiDt d ., cols A.1 M1 bediy ,At wlmm 1 year: a f me dote or tIs Iertmpaal,, `1 wet monde Ind —, b undo 1,, Ind III P IBC w.ys .re show, .,d I.beled s dea,ed 1, M�„esm. St —I., Seca., 50501, A— 3- R lk, Aereo�,Lt=eneeN.d LI,d S e.rye r 19,38 STATE OF MINNESOTA COUNTY OF ANOUA 'relrumenl was acknowledge ed b lore me cols day .f 202 by DUE, Person. . Licensed IF— S. nrey.r. MI„es.t. License N. 49138. N.l.ry Public, MI„es.lo APPYIVed and accepted by the City I....11 of the Illy of Elk Ryet, Sherburne County, MI .... ota at I meeting held th 1, day If , 202 . Mayor a,Clerk Pursuant to Sherburne County OrdlnCe Number OCI, I he eby Cerllfy that lhls plat has been eked and approved as lI compl once wllh Chapter 505, Mln,eso1k Statutes this day . 202 HILLSIDE OFFICE by Certify toes p k, Ik the p, A, K— ta:e�'n described a plld I, Ind there pre I deling.e,l . that k—fer Ie el-11d 1hle °d,y AT ... Sherburne C..,ty Aud t.r,Tres.rer reby —HER tat Ihls Instrument mop filed In the Office of thee Coun ly Recorder for record on lhlss day AT. 202. at _.Clock .M. Intl w s duly recorded as Doc. me,t Number VICINITY MAP —27, T32, R26 F NW^IA N A O SRTE ..,ter s�ylae �tF, 1 1 1 1 A 1 � 1\ iron e4-\\ ol& L-3813 e R-2680. 79�N \ ArO.48A4 \ CHE 38913 40. HIII IL_LL_ II T�Ahd_�I I� i� I I I I�r,r„Ir,AII 'AF Ti 0 l Milts [R CRas 9LT, Fwroe P,z=- If aiocx �, niuspc- 15'S5"W ILyW�3zsT _� warnrvc souls 40i.�2 _ 3 \ C' vl To.i-=11 V\7 � III — &PEL �/ R- No. t ut�^ h� 1 _ t HII of 1 �N r utHf CRos Na 4 SS,T A_ 1 I L_L_ °° SPIRAL CURVE LOT �1 \ C.BRtr'19'S8'OT'E v vCET \ FE m N \ O '\ 1-1 IN FEET \ 1 INCH 60 FEET *Hie ossumea to \\ �eor souls acls5s west \ • benotes feonom nomeet RfoundNa 4s»e set \\ pmoles g r wet tons \ O wi I -TI b \LFl L_vi A I1I�IT ILIA = r,v vili�lA CFI'II T. a � L_i �i� I FIIL�IL - w _ - SC e'aa 3' (csA'I2zeS1 \ I Lj L_ `------J /A F�r11T 1/1Ak —vVIII�Iv v RUM RIVER City of Elk *l River City of Elk River City Council Resolution 22- A Resolution of the City Council of the City of Elk River Amending the Comprehensive Plan to Change the Land Use from Traditional Single -Family Residential to Highway Business 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 September 27, 2022, and recommended approval regarding the Comprehensive Plan amendment request for the property described as: Outlot A, CHERRYHILL BLUFFS FOURTH ADDITION, Sherburne County, MN, and WHEREAS, the City Council has reviewed the Comprehensive Plan amendment request and finds the following: 1. The proposed land use is consistent with the surrounding land uses. 2. The use would not have adverse impacts on the surrounding land uses. 3. The proposed changes are in general conformance to the adopted Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: The Land Use Plan be amended to change the property as described above from Traditional Single -Family Residential to Highway Business. Passed and adopted this 171h day of October 2022. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk i ver Ordinance 22- Stfikethfoughs to be removed Underlines to be added An Ordinance Amending the Zoning Map of the City of Elk River, Minnesota, to Rezone Certain Property from Single Family Residential R I -c to Highway Commercial C3 The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That the duly adopted Zoning Map of the City of Elk River is hereby amended to rezone the property described on attached Exhibit A to Highway Commercial (C3): SECTION 2. That the rezoning approved by this Ordinance is based on the following findings: The rezoning is consistent with the City of Elk River Land Use Plan adopted, and updated, as part of the City of Elk River Comprehensive Plan. SECTION 3. That this ordinance shall take effect upon satisfaction of the conditions noted in Exhibit B and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 17th day of October, 2022. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk URE Last Updated Januaic= 2019 INATI Stfikethfoughs to be removed Underlines to be added Exhibit A Outlot A, CHERRYHILL BLUFFS FOURTH ADDITION, Sherburne County, Minnesota Last Updated Januaic= 2019 Stfikethfoughs to be removed Underlines to be added Exhibit B 1. The Land Use Amendment, to Highway Business (LU 22-03) shall be approved by the City Council. 2. Freestanding signage on the peninsula shall be limited to 10 feet tall and 12 feet wide. 3. Council approval of a boundary line adjustment/platted exemption combining the parcel with the abutting lot to the north. Last Updated Januaic= 2019 City of Elk *l River Resolution 22- A Resolution of the City Council of the City of Elk River Granting Plat Approval for Hillside Office WHEREAS, application has been made for plat approval, pursuant to Section 30-352 (c) of the Elk River City Code of Ordinances, of the property legally described on attached Exhibit A and hereinafter referred to as "the Property"; and WHEREAS, the proposed final plat complies with each of the conditions set forth by the City Council in its approval of the plat of the Property; NOW, THEREFORE, BE IT RESOLVED It is hereby determined by the City Council for the City of Elk River as follows: A. The proposed subdivision is consistent with the Chapter of 30 of the City Code of Ordinances and conforms with all of its requirements. B. The proposed subdivision is consistent with all applicable general and specialized city, county, and regional plans including, but not limited to, the City's Comprehensive Plan. C. The physical characteristics of the site, including, but not limited to, topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and drainage are suitable for the type and density of development and uses contemplated. D. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation, erosion control and all other services, facilities and improvements otherwise required herein. E. The proposed subdivision will not cause substantial environmental damage. F. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court. G. The proposed subdivision will not have an undue or adverse impact on the reasonable development of neighboring land. 2. The officers of the City are hereby authorized to sign the final plat for the Property and to issue a certified copy of this Resolution giving final approval of the plat. i The owner of the Property is authorized to record the final plat as required by law and shall file proof of said recording with the City. No building permits will be issued for the Property until the final plat is recorded. 4. This final plat approval shall expire two years from the date of this resolution if the final plat is not recorded within that time. Passed and adopted this 17Ih day of October 2022. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk i EXHIBIT A LEGAL DESCRIPTION Lot 1, Block 1, HILLSIDE CROSSING SOUTH, Sherburne County, Minnesota. AND Outlot A, CHERRYHILL BLUFFS FOURTH ADDITION, Sherburne County, Minnesota i Phoenix Enterprises Land Use Amendment, Zone Change, and Plat }' ��:�. �.. I����-J�I+��-ai`5�.;11i1 r sa ;�'� ?51{r ;•1i1; � •+. *,, a - +T w # iri$r2-UtlflLU *7 5050 do y ''I kn ' i �� t .•iraitl5 _I i jr 1 # * _. i S 2-4253 .� 73 SH 4Q24 _ 1 a M,r• �I r� 75 M 20 t 75-532 256 .01 TS- i fi 114 y 1 75 •,3 T-Q 64 4 c, 7S i�&-0115 .31 � ia-5G�7-G�2S 1 - ■ � r ,r r 6 7 532-0242 la O 'r 5-�xi Cr-{ 27 rr 75 41 -0255 73 32-02dD 7532 A2 2 .x f ! 5-125$ art. _ - �'5 +�* .� '� n �. • ' }' ML 75�4{�•423� � 7:°r3�D-04i0'' .+ x �-' -`:.I .ail:: � �:: Phoenix .i Enterprises rises Case No: LU 22-03.� a Lq,lid Use Amendment & Zone Change W"v,c"r__ Background ■ Seeking to amend land use and zoning for Outlot A, Cherryhill Bluffs Fourth Addition to C-3 Highway Commercial ■ 1.18-acre residential outlot — platted in 1996 ■ Currently zoned and guided for single-family uses ■ Same owner as parcel to north — zoned C-3 ■ Land bridge connects to north, no connection to south ■ Applicant will combine with adjacent commercial lot to make a larger commercial lot and bring the current sign into compliance with with state and local standards. G I �A HIU r HB TSFR HB TSFR �Jztzyjjl -- �Ff�yjjlb 14 13 b VFFS 0 14 13btjfvs � c, 4 LI 9, , 2 D � K LLI w E LSE: f1 9� K L' LU C 7 5 fill, sj E NG ��OS 7"1 ' "t.• � . •8 .,e.` ;_ *.age' 7 ai ( ft .Ki �- EXIT RIGHTS* r �. •fin I i, 47 y ,�,+ I�'pew •- '�;+s, '''' - - •wr Jilbld•�.� �G�V' "k. 11 �I. r �.� r y Y . � � �, '. �•� t irc•''. ��C� � .,�J t! r��wMn�� �" r .5�� �.i •-' �� _ �«„ •sfr r � �t' JF�' d ,.Y� y� � � l e �,�1_ *^Yf •'its .�..�;.. Google Applicable Regulation ■ Comp Plan change reflects goals for the district ■ Adjacent Highway 169 ■ High visibility from adjacent highway ■ Connects to commercial lot ■ Zoning would match comp plan if approved. ■ Approval of LU and ZC places all parcels in plat on same districts and supports combination. 5; That Phoenix Enterprises LLG, a Minnesota Limited wing described property situated in the County of Sherbume, SOUTH, Sherburne County, Minnesota. JRTH ADDITION. Sherbume County. Minnesota. 1d platted as HILLSIDE OFFICE. see LLC has used these presents to be signed by its 2D2_ . Ike (Tlkle� Id before me this _ day of , cif Phoenix sully Company, on behalf of the Company. f platted the land, or directly supervised the surveying and Pt as THE HILLSIDE OFFICE; thot this plot 's a carsct hat all matharria al data and label. are correctly ante depicted on this plot nave been, or will be correctly, s certificution, all wet land. and water boundaries and all :fined in Minnesota Statutes, Sectlon 50&01. Subd. 3. e this any at d Surveyor. Minn ... to Liaen.. No. 49138_ cll of the City of Elk River. Sherburne County. Minnesota at 202_ . Clerk Number 006, 1 hereby certify that this plat has hear with Chapter 505. Minnesota Statutes this day HILLSIDE OFFICE 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_ U lf11 V Sherburne County Audltor/Treceurer I hereby certify that this instrument was fried in the Office of the. County Recorder for record an this day of , 202_ , at _ o'clock _ M. and was duly retarded as Document Number Sherh.m. County R.—der VICINITY MAP SEC.27, Eali, R211 N �i�A Nsti�A 93R AYE W S E No ssxa I x so e I 1�h I I I vViL-VI L: A t t per P at ot__� Fo HlugtE cN r6SIiN << Nolnx of Lat 1, Fa rth I1/Y 3 1 a etas. 1, HILL.I6E SB7�5'55"W ve40702 F—d rp + �' S nrIo551Nc Saum 40702 i R=288C.79 ^.�} s ei f jt N 'a !-` n l i V I _0'48'54"��� C.BRG=516 4t 29� E 1 1 �` Eoscmmt Pm - aoc No ]92419 Or V v Unitoed P— _ L _ --- As s11an Easement ry (tom m 1 �5 I r h Portal (Falea0�531 $� 1 ' per Sac, Na. t29P5? n q _ Oraina ee A Uti11lY em [par Ptot easem 1 pa. plat ar gILiSIOE cVdoSout ✓ ; _ HILLSInE CRW NC rT rH `� 9 1l �'` 5 i. /t}I} 1l" �7 L)♦/I III �llt-L- Y 5 � i �.r1i13 3 i� .. Nn L.�jl I SPIRAL CURVE , r LOT I �. CHo=43.69 n' fir -T �I �JIJI A�r� 1 � W 1 '5 A \ ° I�iTlnn l C� � z �UL-) I YLJI v � I, iG} 3 •1, � - - `11 f H•' » 0. N o m ze p RRLSR �1 90 C 60 120 F0 d esfl: SCALE IN ET FE 1 INCH - 60 FEET For the pomme:x cl We p1o! the North 1I of Lot 1, Block I. HLL51UE CR059Na Soul" 10 weamed tw beer Swath .n5'S5' w L N-b. a 1/2 Nth by 14 hch irn mnumnl with a pl..ft mp mmketl ILLS. Na. 19138 eat Nmtn a1 Yon manamnt found pnohx Edge of wet Load , �1 s7a t �Iv ey 1 / J t r�L1 L) I\f1 RUM RIVET .1 LANs 549y FYORS . ENGYNEER: Planning Commission ■ One resident spoke during the public hearing. ■ Concerns with the possibility for a large increase in sign size ■ PC shared concerns and included a condition that limited sign size to be consistent with what is in place (8' tall Y 12' wide) ■ Unanimously recommended approval with the additional limit to future sign size ■ Condition states 10' tall x 12' wide based on request from applicant. Action Requested ■ Adopt, by motion, a resolution approving the proposed land use amendment. ■ Approve, by motion, an ordinance adopting the proposed zone change with the conditions noted in the memo. ■ Adopt, by motion, a resolution approving the plat of Hillside Office subject to approval of the LU and ZC.