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7.1 SR 11-18-2024The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 7.1 Meeting Date November 18, 2024 Prepared By Chris Leeseberg, Senior Planner Item Description Ordinance 24-22, 24-23 and 24-24 Zone Changes: City of Elk River Reviewed by Zack Carlton Cal Portner Tina Allard Action Requested 1. Adopt, by motion, Ordinance 24-22 to rezone certain property from Highway Commercial (C3) to Single Family Residential (R1-c) as the rezoning is consistent with the City of Elk River Land Use Plan adopted as part of the City of Elk River Comprehensive Plan. 2. Adopt, by motion, Ordinance 24-23 to rezone certain property from General Industrial (I3) to Highway Commercial (C3) as the rezoning is consistent with the City of Elk River Land Use Plan adopted as part of the City of Elk River Comprehensive Plan. 3. Adopt, by motion, Ordinance 24-24 to rezone certain property from General Industrial (I3) to Single Family Residential (R1a) last 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 Comprehensive Plan, adopted by the City Council in October 2021, includes a Land Use map that guides appropriate zoning for properties. The current zoning of several properties does not align with their designated land uses and ensures consistency with the approved plan. Minnesota statutes state that the zoning of a parcel should follow the adopted Comprehensive Plan. The following three areas have zoning classifications that do not match the approved Land Use Plan: • North of Highway 10 at the Gary Street alignment: This area is designated for Traditional Single-Family Residential but is currently zoned Highway Commercial (C3). Staff recommends rezoning it to Single Family Residential (R1-c), matching the zoning of the nearby Cove on Lake Orono development. • South of the Plants and Things Recreation Complex: The formerly named Youth Athletic Complex (YAC) land is designated for Industrial use and is currently zoned General Industrial (I3). However, the area proposed for rezoning is parkland. To support its use as a park, staff recommends rezoning it to Single Family Residential (R1a). Additionally, the land use designation will need to be Page 68 of 204 amended in the future to Rural Residential. • South of Highway 10 and west of Edison Street: This area is designated as Highway Business but is currently zoned General Industrial (I3). Staff recommends rezoning it to Highway Commercial (C3) to align with its land use designation. Planning Commission During the commission meeting, several individuals spoke regarding the Highway 10 and Gary Street area, expressing their opposition to the development of "Boy Scout Island" for residential homes and thinking it should not be rezoned as residential. Their concerns included the negative aesthetic impact of removing trees, the potential effects on the lake, and the desire to maintain the view of trees from their properties. They stated that rezoning could indicate to developers that the city is open to residential development. Staff clarified that the request was solely for a zoning change to match the Land Use designation, as required, and that no development of the parcels in question is proposed. Staff also noted that the "Boy Scout Island" area falls within FEMA's Flood Plain and cannot be developed; if it were possible to develop, the existing Highway Commercial zoning would permit uses such as a restaurant or gas station. The commission had no concerns with the request and unanimously recommended approval of all three zoning changes. Financial Impact None Mission/Policy/Goal Ethical, efficient, and responsible Attachments 1. Ordinance 24-22 2. Ordinance 24-23 3. Ordinance 24-24 4. 7.1 Presentation Page 69 of 204 Ordinance 24-22 An Ordinance Amending the Zoning Map of the City of Elk River, Minnesota, to Rezone Certain Property from Highway Commercial (C3) to Single Family Residential (R1-c) 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 Single Family Residential (R1-c) 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 18th day of November, 2024. ______________________________ John J. Dietz, Mayor ATTEST: _______________________________ Tina Allard, City Clerk Page 70 of 204 Exhibit A Page 71 of 204 Ordinance 24-23 An Ordinance Amending the Zoning Map of the City of Elk River, Minnesota, to Rezone Certain Property from General Industrial (I3) 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: 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 18th day of November, 2024. ______________________________ John J. Dietz, Mayor ATTEST: _______________________________ Tina Allard, City Clerk Page 72 of 204 Exhibit A Page 73 of 204 Ordinance 24-24 An Ordinance Amending the Zoning Map of the City of Elk River, Minnesota, to Rezone Certain Property from General Industrial (I3) to Single Family Residential (R1a) 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 Single Family Residential (R1a). 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 18th day of November, 2024. ______________________________ John J. Dietz, Mayor ATTEST: _______________________________ Tina Allard, City Clerk Page 74 of 204 Exhibit A Page 75 of 204 City of Elk River Zone Change Page 76 of 204 Background §Reviewing three areas of the city §Current Zoning of several properties do not align with their designated Land Use §Land Use = High Level Classification §“Residential” §Zoning = Detailed Classification §R1a or R1c Page 77 of 204 Hwy 10 at Gary Circle §Currently zoned C-3 (Highway Commercial) §Guided Residential (Land Use) §Recommending §R1-c (Single Family Residential) §Same as The Cove Page 78 of 204 The Cove Page 79 of 204 The Cove Page 80 of 204 Public Comments §A couple property owners oppose the zone change to Residential §Clarified what Commercial uses are allowed today §6/10 parcels are residential §Regardless of zoning – cannot be developed §In Floodway §Island §Parcel sizes/setbacks Page 81 of 204 Page 82 of 204 Hwy 10 at Edison §Currently zoned I-3 (General Industrial) §Guided Highway Business (Land Use) §Recommending §C-3 (Highway Commercial) Page 83 of 204 Page 84 of 204 Page 85 of 204 Public Comments §Affect taxes? §No – based on use, not zoning Page 86 of 204 South of Plants & Things Recreation Complex §Currently zoned I-3 (General Industrial) §Guided Residential (Land Use) §Recommending §R1-a (Single Family Residential) Page 87 of 204 Page 88 of 204 Page 89 of 204 Planning Commission Meeting §Staff clarified request is solely for a zone change §To match the Land Use designation §No development is proposed §Island falls within FEMA’s Flood Plain §PC had no concerns with the request §Unanimously recommended approval of all 3 Page 90 of 204 Action Requested §Three actions will be required Page 91 of 204 Action 1.Adopt, by motion, Ordinance 24-22 §To rezone certain property from Highway Commercial (C3) to Single Family Residential (R1- c) 2.Adopt, by motion, Ordinance 24-23 §To rezone certain property from General Industrial (I3) to Highway Commercial (C3) 3.Adopt, by motion, Ordinance 24-24 §To rezone certain property from General Industrial (I3) to Single Family Residential (R1a) As the rezonings are consistent with the city’s Land Use Plan adopted as part of the Comprehensive Plan Page 92 of 204 The Cove Page 93 of 204 The Cove Page 94 of 204 Page 95 of 204 Page 96 of 204 Page 97 of 204 Page 98 of 204