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7.1 SR 07-17-2023Request for Action To Item Number Mayor and City Council 7.1 Agenda Section Meeting Date Prepared by Public Hearings July 17, 2023 Chris Leeseberg, Senior Planner Item Description Reviewed by Zone Change: Planned Unit Development to Highway Jennifer Green, Sr. Administrative Assistant Commercial at 19101 Jackson Avenue, Ann-Marie Reviewed by Ross on behalf of the estate of Roger W. Dickenson Cal Portner, City Administrator Action Requested Adopt, by motion, an ordinance to rezone certain property from Planned Unit Development (PUD) to Highway Commercial (C3) for the following reason so 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 Avenue 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 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. 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. 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 Staff does 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 these standards. Planning Commission During the public hearing, no one spoke for or against the request and staff has not received any comments since the commission meeting. The Planning Commission had no questions or concerns about the request and unanimously recommended approval. Mission/Policy/Goal  Meet changing needs - Agile  Work with citizens to achieve goals Attachments  Ordinance Strikethroughs to be removed Underlines to be added Ordinance 23- An Ordinance Amending the Zoning Map of the City of Elk River, Minnesota, to Rezone Certain Property from Planned Unit Development (PUD) to C3 (Highway Commercial) 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 Business (C3): SECTION 2. That the rezoning approved by this Ordinance is based on the following findings: 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. SECTION 3. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 17th day of July, 2023. ______________________________ John J. Dietz, Mayor ATTEST: _______________________________ Tina Allard, City Clerk Strikethroughs to be removed Underlines to be added Exhibit A Lot 1, Block 1, ELK PARK CENTER SECOND ADDITION, Sherburne County, Minnesota.