6.4. SR 11-19-2007°` _ REQUEST FOR ACTION
..~.
River
To Item Number
Ci Council 6.4.
Agenda Section Meeting Date Prepared by
Community Development November 19, 2007 Jeremy Barnhart, AICP
Plannin Mana r
Item Description Reviewed by
Ordinance to Approve Zone Change Request by City of Elk
River to Rezone Certain Property From Rla (Single Family Reviewed by
Residential) and Al (Agricultural Conservation) to Commercial
Reserve Transitional (CRT) -Public Hearing -Case No ZC
07-06
Action Requested
Rezone approximately 1,000 acres currently guided Cotnmetcial Reserve to Commercial Reserve
Transitional from its current zone of either Al or Rla.
Summary
The 2004 Comprehensive Plan identifies approximately 1000 acres for Commercial Reserve:
"This land use identifies areas held in reserve for future commercial
development....Also, the Comprehensive Plan seeks to guide development in vacant
land already served by utilities before opening new areas for growth. The reserve status
allows platuilng to facilitate the desired form of development in the future."
At the September City Council workshop, the Council directed staff to begin the process of rezoning the
subject areas to a recently created zoning district, Commercial Reserve Transitional (CRT). This
Ordinance was adopted by the City Council on July 16, 2007.
Staff has mailed notice to all property owners in the subject area, as well as those within 350' of the
district's boundaries. Copies of the proposed regulations have been made available and staff has spoken
with a number of property owners.
Public Comment
The Public Hearing was well attended, with approximately 15 -20 people in attendance. Those speaking
represent almost 50% of the subject area, as shown on the attached map. During the public hearing,
"several citizens voiced concerns or questions, which ate summarized as follows in Bold. Staffs response
follows the concerns:
What will the new zotling district do to my taxes? After speaking with the Sherburne County
Assessor, and his chief deputy, the Assessors office assesses taxes based on two principles: Value and
Classification. Classification is based on the use of the land: If the land is used for industrial, it's classified
as industrial, residential to residential, etc. The only time this classification is based on zoning, according
S:\PLANNING\Cue Fdes\ZC\ZC 07-06 C°mmecdal Reserve\Action Requested-CRT rezoning CC.doc
to the Assessors department, is when the land is determined vacant: not mined, farmed, lived on, or used
for a business. If the property is vacant, then the Assessors office uses zoning to help identify the
appropriate classification. The assessors department also said that a rezoning to CRT wouldn't
necessarily impact those vacant parcels, because of the reserve transitional nattue of the zoning district.
The second principle affecting taxes is the value of the property, and the Assessors office uses
comparable sales. Sales adjacent to Highway 169 axe typically at a higher price because of their future
cotrunexcial potential which will affect adjacent property values, regardless of the underlying zoning
district
In summary, according to the Assessors office, assuming all land uses stay the same, neither the value nor
classification will be affected by the underlying zoning district.
What are the main differences between the CRT and the A-1 zoning districts? The CRT was based
very closely on the A-1 zoning district, but there are some exceptions:
A-1 (summarized)
CRT
Differences in bold
(b) Permitted Uses (b). Permitted uses.
(1) Ag (5 acres minimum) (1.) Ag/ Hortculture uses (10 acre Iota or mote)
(2) Public parks, playgrounds and open space (2.) Public parks, playgrounds and open space
(3) Facilities fox flood and erosion control (3.) Facilities for flood and erosion conrtol
(4) Horticulture Uses (4.) Single Family dwellings
(5) Golf Courses and Country Clubs
(6) Single Family Dwellings
(7) Model Homes in Compliance with Sec 30.804
(8) Licensed day care facilities fox 12 ox Eewer
(9) Permitted Home Occupations
(10) Truck Tractor and/or Trailer (non platted
Parcels 5 acres or larger)
(11) Open Space preservation Plats
(c) Accessory Uses
(1) Accessory farm structures
(2) Public Shelters and essential services
(3) Gazages and Sheds, metal skinned
(4) Private Recreational facilities
(5) Private kennels
(d) Conditional Uses
(1) Commerdal recreation facilities;
(2) Campgrounds
(3) Feedlots
(4) Institutional uses
(5) Roadside sales stands
(6) Vet clinics and commercial kennels
('n Cemetery
(8) Conditional Home Occupations
(9) Airports
(10) Offices
(11) Temp mobile homes
(]2) Licensed day care for ]3 or more children
(13) Ag uses less than 5 acre lot size
(c). Accessory Uses
(1.) Accessory farm structures
(2.) Public Shelters and Essential Services
(3.) Garages/ sheds incl metal skinned buildings
(d). Interim Uses
(1.) Roadside sales stands
(2.) Wind generators
(3.) Coop gardening in preserved open space
(4.) Gravel mining
(5.) Asphalt and concrete plant.
(6.) Other uses exixting as of the date of thla ardinauce.
(7.) Commercial xeaeation facilities;
(8.) Veterinary clinics commercial kennels;
(9.) Conditional Home Occupation;
(10.) Offices with a min GFA of 10,000 sgft;
(11.) Hort/ floriculture uses in preserved OS;
(12.) Private stables in preserved open space;
(13.) Wayside stands in preserved open space.
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(14) Truck tractor parking (platted lots less than 5 acres)
(15) Wind genuators
(16) Coop gardening
(1'n Hort/ floriculture uses in preserved OS;
(18.) Private stables in preserved open space;
(19.) Wayside stands in preserved open space.
(20) Landscaping contractor's yard provided that:
The use is on unplatted property
Screening of outdoor storage area is provided if the outdoor storage area is within 50'
pf a property line.
"Size regulations" A-1 CRT
Lot size 10 acres 20 acres
Frontage 300 feet 300 feet
Front yard setback 50 50
Rear Yard setback 50 50
Side setback 25 25
Lot coverage 20% 30%
Max Height 3 story or 40' 3 story or 40'
The CRT ordinance was drafted to allow the uses existing (Other urea exa:rting ar of the date of thin ordinance.), but
not to encourage new businesses or residential which would either hamper the City's ability to plan the
area, or hamper its ability to implement this plan. Additionally, the minimum lot size was increased to
preserve the larger lots in the area, again, possibly making land assembly more difficult in the long run.
Can I expand my house, or build an accessory structure? In most cases, a single family homeowner
can expand their house, build accessory structures, etc. Only when they encroach into setbacks will they
be constrained by the new ordinance, however, the setbacks axe the same as the A-1 zoning district. A
property owner may not subdivide their property if they create lots smaller than 20 acres, again to
preserve the larger lots. Implementation of a plan is more difficult if there are smaller lots. Most people
will see no negative affect if their property is rezoned.
When will the Master Land Use plan be completed, and what will happen to my property once
this plan is completed? There has been no time table set on the completion of a master plan for
property east of 169. Once this plan has been completed, it is suggested that the City rezone the property
to better facilitate the plan, depending on the desired land use.
Will the City condemn my property once the plan is completed? The purpose of a master plan is to
develop consensus and vision for an area, and to avoid having to condemn business and property fox its
implementation. While the City is likely not going to abandon its eminent domain powers for road and
other utility purposes, the interim zoning is intended to temper private investment in the area, to reduce
potential conflicts with implementing a plan, and the need fox the city to intervene in land assembly.
Won't the minimum lot size for residential drop to 2.5 acres in 2008? Adjacent to the Commercial
Reserve area is residential areas guided as 2008 and 2010. In these areas, the minimum lot size will reduce
from 10 acres to 2.5 aces in either 2008 of 2010. No property in these areas will be affected by the
proposed rezoning. The properties within the proposed Commercial Reserve Transitional zone ate not
located within the 2008 ox 2010 guide.
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PlanninE Commission Discussion
The Planning Commission concurred with the concerns voiced by the public, but recognized the benefits
of the proactive posture taken by the City. The Commission srtongly directed staff to research the tax
implications on the property owners before the item was placed on the Council agenda. The Planning
Commission recommendation to approve the rezoning passed with 5-1 vote, with Commissioner Lemke
absent, and Commissioner Austad voting no.
Attachments
• Staff Report to Planning Commission dated November 13, 2007
• Map of area, showing speakers
Action Motion by _ Second by _ Vate
Follow Up
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J/
E1 REQUEST FOR ACTION
River
f1LE COPY
To Item Number
Plannin Commission 5.3.
Agenda Section Meeting Date Prepared by
Plannin Items November 13, 2007 erem Barnhart, Plannin Mana er
Item Description Reviewed by
Request by the City of Elk River to rezone certain property
from Rl-a (Single Family Residential), A-1 (Agricultural Reviewed by
Conservation), to CRT (Commercial Reserve Transitional) -
Public Hearin ,Case No. ZC 07-06
Action Requested
Staff supports a Planning Commission recommendation to rezone the subject properties as
presented.
Background/Discussion
Included in the 2004 Comprehensive Plan were two areas identified as Commercial Reserve. The intent
of these areas was to reserve land for future commercial development, avoiding land use improvements
inconsistent with a final vision of the area while still allowing appropriate use of the land that does not
require major investment in infrastructure ox buildings.
Financial Impact
None
Attachments
Area to be rezoned
Ordinance in effect
Analysis
The City Council recently adopted a
Commercial Reserve land use designatio
of the community, currently guided as
zoning district (CRT).
Recommendation
new zoning district developed to further the goals of the
n. The action requested, if approved, would rezone certain areas
Commercial Reserve, to the Cornmerual Reserve Transitional
Staff recommends rezoning the properties as presented. .
S:\PL.ANNING\Case Files\ZC\ZC 07-06 Commercial Reserve\ZC ro TCRto PC I I-1307.doc
ORDINANCE 07 - _
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES
AS DESCRIBED
CASE NO. ZC 07-06
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 properties described on attached Exhibit A from R-1a, to the
Commercial Reserve Transition Zoning District.
Section 2. That the rezoning approved by this Ordinance is based on the following
findings:
1. THE REZONING IS CONSISTENT WTH THE CITY OF ELK RIVER
LAND USE PLAN ADOPTED AS PART OF THE CITY OF ELK RIVER
COMPREHENSIVE PLAN.
Secti n That this Ordinance shall take effect and be in full force from and after the
date of its publication.
Passed and adopted this 19'" day of November, 2007 by the City Council of the City of
Elk River.
Stephanie A. Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
s:\planning\case files\zc\zc 01-06 commercial reserve\draft ordinance-amend zoning map commercial reaerve.doe
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Page 1 of 1
Subj:
Date:
From:
To:
Mayor and Council Members:
Your agenda Item 6.4 for tonight's meeting is a request by the City to Approve a Zone Change to Commercial
Reserve Transitional (CRT). Tiller Corporation (Tiller) owns property in the area affected by this request. Tiller
stayed informed. during the most recent Comprehensive Land Use Plan updates and also attended the Public
Hearing held by the Planning Commission regarding the Zone Change request.
Tiller supports the Zone Change request as presented to the Planning Commission. We believe this gives the
City and property owners an opportunity to plan for future development, including infrastructure, buffer areas and
natural areas before the area is segmented anymore than it already is. Tiller has had property in other
communities involved in similar processes and the results have benefited the community as well as the property
owners.
Thank you.
Michael Caron
Director of Land Use Affairs
Tiller Corporation
Lc ~~~
City Zoning Request
11/19/2007 4:34:53 P.M. Central Standard Time