7.3 SR 07-15-2024The 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
7.3
Meeting Date
July 15, 2024
Prepared By
Chris Leeseberg, Senior Planner
Item Description
Zone Change: C-3 (Highway Commercial) to R-3
(Townhome/Multi-Family Residential), 75-00128-
3101 - City of Elk River Ordinance 24-17
Reviewed by
Zack Carlton
Cal Portner
Tina Allard
Action Requested
Adopt, by motion, Ordinance 24-17 to rezone certain property from Highway Commercial (C3) to
Townhouse/Multiple Family Residential (R3) 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.
Background/Discussion
The Comprehensive Plan, adopted by the City Council in October 2021, includes an updated Land Use Map,
guiding the long-term planning of the community. The subject property, currently zoned as Highway
Commercial (C3), is guided for Mixed Residential by the Land Use Plan. The mixed residential category
consists of neighborhoods with multiple housing types, including single-family detached, townhomes, duplexes,
and small-scale multifamily buildings.
To align the zoning with the approved land use, the property should be rezoned. The R3 district is the most
suitable option due to the site's numerous wetlands, making it impractical for apartment development.
Planning Commission
During the public hearing, several residents spoke against the property being developed, citing increased
traffic and safety concerns at the County Road 1 intersection, impacts on the existing trail, and concerns
about wetlands/water management. Overall, the neighbors would prefer it not to be developed at all to
maintain the natural buffer the property creates. The city cannot prohibit a property from being developed in
accordance with state and local codes.
Staff noted that wetlands are protected, the trail is in an easement, and the county has no concerns with the
request.
The Planning Commission unanimously recommended approval of rezoning the parcel from Highway
Commercial (C3) to Townhouse/Multiple Family Residential (R3).
Financial Impact
None
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Mission/Policy/Goal
Opportunity to live, work, and play.
Ethical, efficient, and responsible.
Meet changing needs - agile.
Attachments
1. Updatd Existing-Proposed Zoning Exhibit
2. Planning Commission Memo dated 6-25-2024
3. Ordinance
4. Handout
5. Presentation
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The 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
Planning Commission
Item Number
4.2
Meeting Date
June 25, 2024
Prepared By
Chris Leeseberg, Senior Planner
Item Description
Zone Change: C-3 (Highway Commercial) to R-3
(Townhome/Multi-Family Residential), 75-00128-
3101 - City of Elk River
Reviewed by
Zack Carlton
Action Requested
Recommend, by motion, approval of the proposed zone change from Highway Commercial (C3) to
Townhouse/Multiple Family Residential (R3).
Background/Discussion
The Comprehensive Plan, adopted by the City Council in October 2021, includes an updated Land Use map,
providing guidance for the long-term planning of the community. The subject property, currently zoned as
Highway Commercial (C3), is guided for Mixed Residential by the land use plan. The mixed residential
category consists of neighborhoods with multiple housing types, including single-family detached, townhomes,
duplexes, and small-scale multifamily buildings.
To align the zoning with the approved land use, the property should be rezoned. The R3 district is the most
suitable option due to the site's numerous wetlands, making it impractical for apartment development.
Staff recommends rezoning the parcel from Highway Commercial (C3) to Townhouse/Multiple Family
Residential (R3).
Financial Impact
None
Mission/Policy/Goal
Ethical, efficient, and responsible.
Meet changing needs - agile.
Attachments
1. Location Map
2. Existing-Proposed Zoning
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Case No: ZC 24-01
Zone Chang e
City of Elk River
SITE
County Road 1
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Ordinance 24-
An Ordinance Amending the Zoning Map of the City of Elk River, Minnesota, to
Rezone Certain Property from C3 (Highway Commercial) to R3
(Townhouse/Multiple Family Residential)
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 Townhouse/Multiple Family Residential
(R3)
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 15th day of July, 2024.
______________________________
John J. Dietz, Mayor
ATTEST:
_______________________________
Tina Allard, City Clerk
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Exhibit A
All real property in Sherburne County, Minnesota, legally described as follows:
That part of the Northeast Quarter of the Southwest Quarter (NE l/4 of SW l/4), of Section
Twenty-eight (28), Township Thirty-three (33) North, Range Twenty-six (26) West, Sherburne
County, Minnesota, lying northerly of the northerly line of the right-of-way of County State Aid
Highway No. 1 and lying easterly of the easterly line of the right-of-way of the Burlington Northern
Inc. Railroad, subject to that part thereof taken for Township Roads.
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City of Elk River
Zone Change
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Background
§5.58 acres
§Zoned C-3 (Highway Commercial)
§Comp Plan guides property for Mixed Residential uses
§Supports residential development up to townhomes
§City made this decision in October 2021
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Background
§Currently zoned C-3 (Highway Commercial)
§Does not match Comp Plan – zoning needs to
§Some uses currently possible:
§Retail
§Business office
§Daycare
§Bank
§Health care
§Restaurant
§Auto repair
§Gas station
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Background
§Proposed zoning to R-3 (Townhome District)
§Some uses possible:
§Single-family
§Townhome
§Daycare
§Education & Religious Institutions
§Apartments are not allowed in R-3
§Existing site conditions limit buildable area
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Requirements
§A zoning district must be consistent with the Comp Plan
§The Comp Plan supports the zone change request
§If the zone change is not approved
§Comp Plan should be amended
§Support the existing Commercial Zoning
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Planning Commission
§Several residents spoke against the property being
developed, citing:
§Increased traffic
§Safety concerns at the County Road 1 intersection
§Impacts on the existing trail
§Concerns about wetlands/water management
§Overall, the neighbors would prefer it not to be
developed at all
§Maintain the natural buffer the property creates
§The city cannot prohibit a property from being
developed in accordance with state and local codes
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Planning Commission
§Staff noted:
§Wetlands are protected
§Trail is in an easement
§County reviewed request & expressed no concerns
§Since the PC meeting staff received a letter of support
for the zone change
§A residential lot next to a residential neighborhood is
better
§Commercial use may affect the natural buffer
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Planning Commission
§The PC unanimously recommended approval of
rezoning
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Action Requested
§Adopt, by motion, an ordinance to rezone certain
property from Highway Commercial (C3) to
Townhouse/Multiple Family Residential (R3)
§The rezoning is consistent with the City of Elk River
Land Use Plan adopted as part of the City of Elk River
Comprehensive Plan
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