6.4. SR 12-16-2002City
Item #
MEMORANDUM
TO:
FROM:
DATE:
Mayor and City Council
Scott Harlicker, Senior Plann
December 16, 2002
SUBJECT: Case No. ZC 02-09
Request by James Boutin and William Dahlheimer for Rezoning
Request
Consider a request by James Boutin and William Dahlheimer to rezone certain property
from C2 (Office district) to C1 (Central Commercial)
Location
503 Jackson Avenue and 515 Jackson Avenue
Zoning/Land Use
C2 (Office District) / CB (Central Business)
Attachments
· Location map
· Tax parcel map
· Zoning map
· Land Use map
· Allowed uses in the C1 and C2 Zoning Districts
· Letter from applicant
· Letter from Paul and Deb Hatlestad, owners of Furniture Plus
· Ordinance No.02-
Memo to Mayor and City Council/ZC 02-09
December 16, 2002
Page 3
Given the location of these parcels, the adjacent land use designations and zoning districts,
and the surrounding land uses, both of the above purposes could apply to the parcels under
consideration for rezoning.
Compatibility with adjacent zoning districts and land uses
The proposed rezoning to C1 could be considered as an extension of the existing C1 zoning
to the south. The proposed rezoning to C 1 would also be compatible with the PUD zoning
to the west as well as the C2 zoning to the north. The proposed C1 zoning would also
function as a buffer between the R2 zoning on the east side of Jackson Avenue and Elk
River Machine to the west, same as the current C2 zoning does.
Consistency with the Comprehensive Plan
The land use designation for these two parcels is CB (Central Business). The current C2
zoning is consistent with the land use designation of CB. Rezoning these parcels to C1
would also be consistent with the Comprehensive Plan land use designation of CB.
Planning Commission Meetin_~
At the Planning Commission meeting held on November 26th a current tenant at 515
Jackson explained his used furniture business. The Commission discussed possible uses
allowed under the two zoning classifications. They also discussed how the proposed zoning
is consistent with the comprehensive plan.
Recommendation
The Planning Commission and staff recommend that the City Council approve Ordinance
No. 02- rezoning certain properties from C2 to C 1 based on the following findings:
The proposed rezoning is consistent with the Comprehensive Plan land use
designation of CB.
· The proposed rezoning is an extension of the existing C1 zoning district.
· The proposed rezoning is compatible with adjacent zoning districts and land uses.
· Approval of the zoning request will not have adverse impacts on adjacent
uses.
S:\PLANNING\Case Files\ZC 02-09 Boutin-Dahlheimer\zc02-09cc.doc
6T-,~ ST.
Case Number:
Location Map
ZC 02-09 BOUTIN/DAHLHEIMER
N
ZONING DISTRICT
LOCATION
LOCATION
LAND USE
\
I
/
Ao
C o
Permitted Uses
Governmental, business and professional offices
Financial institutions
Vo
vi.
vii. Restaurants,
viii. Public parks
iii. Retail stores and shops
iv. Personal service Establishments
Outpatient health care facilities
Hotels
(Class I)
ix. Sale of firearms
Accessory Uses
i. Signs as permitted in Section 900.22
ii. Off-street parking facilities
iii. Off-street loading facilities
iv. Telephone booths
v. Private recreational facilities
vi. Public shelters and essential services
Conditional Uses
i. Nonprofit clubs, lodges or halls
ii. Licensed daycare facilities
iii. Institutional uses
iv. Motor vehicle service stations
v. Commercial parking lots and ramps
vi. Multiple family dwellings.provided:
a. tha5 business/commercia~ uses occupy the
ground floor below the residential use
vii. On-Sale liquor establishments
9.39
Ao
Bo
Permitted Uses
i.
ii.
iii. Personal service establishments
iv. Public parks
Accessory Uses
i. Signs as permitted in Section 900.22
ii. Off-street parking facilities
iii. Off-ssree~ loading facilities
iv. Telephone booths
v. Private recreational facilities
vi. Public shelters and essential services
Conditional Uses
Governmental, business and professional offices
Ou%paSient health care facilities
i. Licensed daycare facilities
ii. Institutional uses
iii. Single Family Dwellings
iv. Financial institutions
v. Funeral parlor
vi. Boarding house
vii. Governmental buildings and facilities
viii. Therapeutic massage and sauna establishments
515 Jackson Ave.
Elk River, MN 55330
7~3 (~) 441-1499
Dear Planning Commission &City Council members,
This is a requist by James Boutin at 515 Jackson Ave. & William Dahlhiemer
at 503 Jackwon Ave. for a zone change at the above addresses.
The change from C-2 to C-1 is not a drastic change, seeing that it is only
extending C-1 by two lots, and C-1 is also accross Jackson Ave. south two lots.
With the growth of Elk R/ver this seems to.be a logical and an inevitable
expansion of C-1. The lots and building size will limit the type of business that
is able to open it's doors, thus having a limited impact on the area.
Thank you very much for your consideration,
Respectfully Yours,
ORDINANCE 02 -
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE
CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES
FROM C2 (OFFICE DISTRICT) TO C1 (CENTRAL COMMERCIAL)
CASE NO. ZC 02-09
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. The duly adopted Zoning Map of the City of Elk River is hereby
amended to rezone the property described as:
See Attached Exhibit A
Section 2. The rezoning is being approved based on the following findings:
1. The proposed rezoning is consistent with the Comprehensive Plan land
use designation of CB.
2. The proposed rezoning is an extension of the existing C1 zoning district.
3. The proposed rezoning is compatible with adjacent zoning districts and
land uses.
4. Approval of the zoning request will not have adverse impacts on adjacent
uses.
Section 3. That this Ordinance shall take effect and be in full force from and
after the date of its publication.
Passed and adopted this 16th day of December, 2002, by the City Council of the City
of Elk River.
ATTEST:
Stephanie A. Klinzing, Mayor
Sandra A. Peine, City Clerk
Exhibit A
That part of the Southwest Quarter of the Northwest Quarter, Section 34, Township 33,
Range 26, described as follows:
Commencing at the Southeast corner of the Southwest Quarter of the Northwest Quarter;
thence west along the South line therof 17 feet; thence North parallel with the center line of
State Highway 201 (formally know as State Highway 101) a distance of 85.7 feet to the point
of beginning of the land described; thence West parallel with said South line 150 feet; thence
North parallel with said center line 100 feet; thence East parallel with said South line 150 feet
to intersect a line parallel with and 50 feet west of said center line; thence South along said
parallel line to the point of beginning; lying in and being part of the County of Sherburne
and the State of Minnesota.
That part of the Southwest Quarter of the Northwest Quarter, Section 34, Township 33,
Range 26, Sherburne County, Minnesota described as follows:
Commencing at a point on the South line of said Southwest Quarter of the Northwest
Quarter where it intersects a line parallel with and 50 feet West of the center line of State
Trunk Highway 201; thence North parallel with the center line of said highway for a distance
of 185.7 feet to the actual point of beginning of the land to be described; thence West
parallel with said South line a distance of 150 feet; thence North parallel with said center line
for a distance of 100 feet; thence east parallel with said South line a distance of 150 feet to
intersect said line parallel with and 50 feet West of said center line; thence South along said
parallel line to the point of beginning.