4.7. PCSR 06-27-2023Request for Action
To Item Number
Planning Commission 4.7
Agenda Section Meeting Date Prepared by
Public Hearings June 27, 2023 Chris Leeseberg, Senior Planner
Item Description Reviewed by
Ann-Marie Ross on behalf of the estate of Roger W. Zack Carlton, Community Development Director
Dickenson Jr., 19101 Jackson Ave. NW
Reviewed by
Zone Change from Planned Unit Development to
C-3 Highway Commercial, Case No ZC 23-06
Action Requested
Recommend, by motion, approval of an ordinance to rezone certain
property from Planned Unit Development (PUD) to Highway
Commercial (C3) for the following reason:
1. The rezoning is consistent with the City of Elk River Land Use
Plan adopted as part of the City of Elk River Comprehensive
Plan.
Background/Discussion
The subject property is 1.64 acres in size and located west of Jackson
st
Ave at the 191 Avenue alignment and is zoned Planned Unit
Development (PUD). The subject property (residential) was included in
the original Elk Park Center PUD but has never been developed as
commercial. The PUD agreement outlines permitted, and conditional
uses based on a portion of the C3 district uses. The applicant is
requesting a Zone Change to Highway Commercial (C3) to increase the
marketability of the parcel.
The proposed zone change is consistent with the commercial nature of
the area with the Elk Park Center adjacent to the subject parcel.
Comprehensive Plan
The Comprehensive Plan guides the property as Highway Business
which primarily consists of a mix of auto-oriented retail and service businesses, restaurants, and community and
regional-scale shopping centers. Highway business uses are located along Highway 169 and Highway 10 and have
high visibility from these corridors.
The proposed zone change will be consistent with the Comprehensive Plan.
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: January 2023
Applicable Regulation
In reviewing a proposed amendment, consideration shall be given to existing conditions within the area directly and indirectly affected
by the proposal, the conservation of property values, the use to which the property affected is being devoted at the time, and relevant
provisions, if any, in the land use plan.
Staff do not believe there will be negative impacts to the road network, public utilities, or future park needs
because of the requested zone change. The proposed zone change is consistent with the current PUD agreement
for the subject parcel.
In the review of the standards for a Zone Change as outlined, it appears that the request is consistent with all of
these standards.
Mission/Policy/Goal
Meet changing needs - Agile
Work with citizens to achieve goals
Attachments
Location Map
Applicant’s Narrative
Area Zoning Exhibit
Elk Park Center PUD Agreement (partial)
Section 30-1024
ZC 23-06 Narrative
Change zoning from A PUD to a C3 to list property for sale with increased marketability, with great potential
to increase the tax revenue for the City of Elk River.
PLANNED UNIT DEVELOPMENT AGREEMENT
FOR
ELK PARK CENTER
THIS PLANNED UNIT DEVELOPMENT AGREEMENT (PUD Agreement), made
and entered into this day of ~'~~G}~ 1994, by and
between the CITY OF ELK RIVER, a municipal corporation organized
under the laws of the State of Minnesota (the City) and ELK PARK
CENTER LIMITED PARTNERSHIP, a Minnesota Limited Partnership (the
Developer);
WITNESSETH:
WHEREAS, Developer has made application to City for approval of
a Conditional Use Permit to develop a shopping center (the Project)
as a Planned Unit Development, pursuant to Sections 900.12(15) and
900.42 of the Elk River City Code of Ordinances, on certain
property located within the City and described on Exhibit A
attached hereto (the Subdivision); and
WHEREAS, the City Council of the City of Elk River (the City
Council) adopted Resolution No. 93-81 (attached as Exhibit B
hereto) on December 20, 1993, approving a Conditional Use Permit
for the Project, subject to a number of conditions; and
WHEREAS, one of the conditions of the approval of the
Conditional Use Permit is that Developer enter into a Planned Unit
Development Agreement (PUD Agreement) with City to be approved by
the City Council; and
WHEREAS, the purposes of the PUD Agreement are to set forth the
standards, uses and procedures for development of the Project as a
Planned Unit Development;
NOW, THEREFORE, in consideration of the premises and the mutual
promises and conditions hereafter contained, it is hereby agreed as
follows:
1.) Warranty of Developer - Developer hereby warrants and
represents to City, as inducement to City's entering into this
PUD Agreement, that Developer is the fee owner of all of the
properties located within the Subdivision. Developer further
represents that it intends to sell some of the parcels within
the Subdivision to third parties unrelated to Developer or its
partners (Third Parties). This Agreement shall be binding on
Third Parties.
2.) Development - The Project shall be developed in
accordance with the following plans attached as exhibits
hereto, as the same may be amended as a part of the Site Plan
approval process or as an amendment to the Conditional Use
Permit for the Project, subject to obtaining site plan approval
for each parcel within the Subdivision as provided by this PUD
Agreement:
Exhibit C Site Plan
Exhibit D Landscape Plan
Exhibit E Grading Plan
Exhibit F Setback Plan
Exhibit G Sign Plan
Exhibit H Development Standards,
Architectural Theme,
Materials
3.) Uses -
including:
including Building
O1) Permitted Uses - The following permitted uses in the
C-3, Highway Commercial District shall be allowed as
permitted uses within the Project, subject to the approval
process set forth in paragraph 4:
Governmental, business and professional offices
Retail shops and stores
Personal service establishments
Financial Institutions
Convenience stores
Indoor Nurseries (plants)
Restaurants (Class I and II), provided they do not
offer live entertainment
2.
02) Conditional Uses -
a) The following uses shall be allowed as
conditional uses within the Project:
amusement and recreation uses
licensed day care facilities
educational uses
motor vehicle service stations
motor vehicle specialty shops
auto repair shops
car washes
open sales lots, excluding sales of vehicles
non-profit clubs, lodges or halls
restaurants with live entertainment
on-sale liquor establishments
veterinary clinics
zero lot line development
b) In addition to the approval process set forth in
paragraph 4 hereof, a Conditional Use Permit
shall be applied for and approved, pursuant to
the Elk River Zoning Ordinance, for any
conditional use in the Project. Each such
conditional use shall be considered and acted
upon by the City Council pursuant to the
standards set forth in the Zoning Ordinance for
conditional uses, as well as the standards and
requirements set forth in this PUD Agreement and
the attachments hereto.
4.) Approval by City - City hereby approves the Project as
shown in the attached exhibits provided, however, that insofar
as the exhibits vary from the written terms of this PUD
Agreement, the written terms shall govern. This approval is
subject to individual site and building plan review and
approval as follows:
O1) Site plan approval shall be required prior to
issuance of a building permit for any lot within the
Project, both for initial construction and for any
subsequent expansion, exterior remodeling of a structure or
substantial revision of an approved site plan.
02) Each site plan approval request shall be accompanied
by such plans and supporting materials as City staff shall
require, and shall be reviewed by the Planning Commission
and City Council in a public hearing held thereon before
approval.
03) Site plan approval shall be granted only if the City
Council finds that the proposed site plan is consistent
with the terms and conditions of the Conditional Use Permit
for the Project, this PUD Agreement, applicable City
3.
Created: 2023-03-07 12:38:53 [EST]
(Supp. No. 57)
Page 1 of 2
Sec. 30-1024. C-3 highway commercial district.
(a) Purpose. The purpose of the C-3 highway commercial district is to recognize the need for commercial
establishments on or serving with immediate access to major highways. Permitted land uses should take
advantage of the highway access in a manner which other business districts are not afforded. In addition to
retail and commercial uses, quasi-industrial and wholesale enterprises that do not meet an industrial setting
and have considerable customer contact are acceptable in the highway commercial district.
(b) Permitted uses. Permitted uses in the C-3 district are as follows:
(1) Brewer taprooms, (producing less than 10,000 barrels of malt liquor annually).
(2) Brewpubs.
(3) Business offices.
(4) Carwash facilities.
(5) Day cares.
(6) Dry cleaning establishments.
(7) Financial institutions.
(8) Firearms, sale of.
(9) Funeral homes.
(10) Garden centers.
(11) Health care facilities, outpatient.
(12) Hotels.
(13) Liquor establishments, on-sale.
(14) Motels.
(15) Motor vehicle service stations.
(16) Motor vehicle sales (maintenance and repair prohibited).
(17) Personal service establishments.
(18) Physical recreation and training.
(19) Produce markets.
(20) Public parks.
(21) Restaurants, class I.
(22) Restaurants, class II.
(23) Retail sales.
(c) Accessory uses. Accessory uses in the C-3 district are as follows:
(1) Cocktail rooms.
(2) Outdoor display (not to exceed one percent of the lot area).
(3) Parking lots.
(4) Private recreational facilities.
Created: 2023-03-07 12:38:53 [EST]
(Supp. No. 57)
Page 2 of 2
(5) Signs (as permitted in section 30-851 et seq.).
(6) Structures, accessory.
(d) Conditional uses. Conditional uses in the C-3 district are as follows:
(1) Brewer taprooms, (producing 10,000 or more barrels of malt liquor annually).
(2) Commercial recreational facilities.
(3) Equipment rentals.
(4) Governmental facilities.
(5) Health care facilities, inpatient.
(6) Hospitals.
(7) Kennel, commercial.
(8) Landscaping contractor yards (outside of the urban service district).
(9) Liquor establishments, off-sale (municipally owned).
(10) Manufacturing, light (enclosed with related retail sales).
(11) Microdistilleries.
(12) Ministorage (provided that the use is on unplatted land outside the urban service district).
(13) Motor vehicle repair shops.
(14) Motor vehicle sales.
(15) Motor vehicle specialty service stations.
(16) Pawnshops.
(17) Religious institutions.
(18) Saunas, steam baths, and heat-bathing rooms.
(19) Shopping centers.
(20) Veterinary clinics.
(e) Architectural standards. No provision of section 30-938 except subsection 30-938(2) pertaining to building
finish and subsection 30-938(3) pertaining to roofs applies to this district.
(Code 1982, § 900.12(12); Ord. No. 02-04, § 2, 4-15-2002; Ord. No. 05-07, § 2, 4-4-2005; Ord. No. 05-08, § 1, 4-4-
2005; Ord. No. 07-07, § 3, 7-16-2007; Ord. No. 09-06, § 3, 7-20-2009; Ord. No. 09-07, §§ 1, 2, 8-17-2009; Ord. No.
12-11, § 3, 7-16-2012; Ord. No. 14-17, § 1, 11-17-2014; Ord. No. 15-03, § 4, 1-20-2015; Ord. No. 16-16, § 2, 7-18-
2016; Ord. No. 17-22, § 1, 10-16-2017; Ord. No. 18-03, § 3, 3-19-2018; Ord. No. 19-05, § 1, 3-18-2019; Ord. No. 19-
15, § 11, 8-19-2019; Ord. No. 21-13, § 1, 12-20-2021)