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6.5. SR 02-20-1996ITEM 6.5. ity of iver FROM: DATE: SUBJECT: MEMORANDUM Mayor & City Council Steven B. Ach, City Planner.~~2-~ February 20, 1996 Rezoning Request by the City of Elk River, Public Hearing Case No. ZC 95-2 Consider request to rezone the county fairgrounds property from R-3 (Townhouse/Multi-Family Residential) and R-lc (Single Family Residential) to BP (Business Park). Location Northeast corner of the intersection of Joplin Street and Orono Parkway. Zoning/Land Use R-3 (Townhouse/Multi-Family Residential) and R-lc (Single Family Residential)/OS (Open Space) Attachments · Ordinance No. 96- · Report to the Planning Commission dated January 23, 1996 · Letter from David Loch, Sherburne County Administrator, dated February 6, 1996. Overview This rezoning request is being brought forward as a result of the land use plan changes made as part of the Comprehensive Plan update. This area has been discussed quite extensively by Business Park Task Force, Planning Commission, City Council, and recently, the Steering Committee. The general consensus from all groups was to look at providing long range opportunities for Business Park development. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Memo to City Council/ZC 95-2 Page 2 February 20, 1996 In February 6, 1996, the Sherburne County Board of Commissioners stated their agreement with the city's proposal to consider changing the zoning of their property to BP (Business Park). (See attached letter) Please refer to the attached report from the Planning Commission for additional background information. Planning Commission Recommendation The Planning Commission reviewed this rezoning request at their January 23 meeting and recommended approval of the rezoning of the county fairground property from R-3 (Townhouse/Multi-Family Residential) to BP (Business Park). Recommendation It is recommended the City Council approve Ordinance No. 95- approving the Family Residential) and R-lc (Single Family Residential) to BP (Business Park) based on the following findings: The BP (Business Park) zoning designation and LI (Light Industrial) land use designation will implement the concept of a business park as discussed in the 1990 focus area study and adopted by the City Council in September of 1990. 0 The rezoning to BP (Business Park) will provide for continuity in the zoning map as well as provide compatible development under the BP (Business Park) zoning standards with the adjacent land uses. e Increased development interest in the western part of the city constitutes a change of circumstances and conditions requiring that properties in this area of the city be rezoned to the appropriate zoning districts so that development will be compatible with surrounding development. The rezoning will be consistent with the comprehensive land use designation of LI (Light Industrial). s:\councilXzc95-2.doc ORDINANCE NO. 96 - CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R3 ) TOWNHOUSE/MULTI-FAMILY AND R1E (SINGLE FAMILY RESIDENTIAL) TO BP (BUSINESS PARK) CASE NO. ZC 95-2 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. That this Ordinance shall take effect and be in full force from and after the date of its publication. Passed and adopted this City of Elk River. __ day of ,1996, by the City Council of the ATTEST: Henry A. Duitsman, Mayor Sandra A. Thackeray, City Clerk s:Xdocument\ordinancXzc95-2.doc EXHIBIT A An area generally described as lying east of Joplin Street, south of Business Center Drive, north of Orono Parkway and west of Elk River City Hall and excepting the existing softball complex. s:XdocumentXordinanc\zc95-2.doc ity of iver TO: MEMORANDUM Planning Commission FROM: Steven B. Ach, City Planner~.~ DATE: January 23, 1996 SUBJECT: A Rezoning Request by the City of Elk River, Public Hearing Case No. ZC 95-2 .R, equest Rezone the fairgrounds property from R3 (Townhouse/Multiple Family Residential and Rlc (Single Family Residential) to BP (Business Park). Location Northeast corner of the intersection of Joplin and Orono Parkway, Section 32, Township 33, Range 26. Zoning/Land Use R3 (Townhouse/Multiple Family Residential) and Rlc (Single Family Residential) / OS (Open Space). Attachments · Location Map · Zoning Map · Land Use Map · Letter from County Board · Planning Commission Minutes dated 3/28/95 · City Council Minutes dated 2/27/95 · Steering Committee Minutes dated 10/27/94 Background In 1990, a Focus Area Study was completed by B.R.W., Inc. which identified circulation patterns and land use opportunities in four (4) primary areas of Elk River, including the western area of the community. One of the major land use elements discussed centered on creating a business park, providing 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 for development of hght manufacturing, office and hmited commercial land uses. Curing the latter part of 1993, the Business Park Task Force participated in drafting a business park zoning ordinance, which was presented to the Planning Commission and City Council for consideration. Subsequently, on January 19, 1994, the City Council adopted a Business Park Zoning Ordinance which sets forth the allowable uses and development standards for a business park. This ordinance was a follow-up to the Focus Area Study which recommended the City create a business park ordinance to be implemented in those areas intended for business park. On March 28th, 1995, the Planning Commission tabled a rezoning and land use plan amendment to change the designations on those maps to implement the Business Park zone. The Planning Commission made this recommendation to allow the Steering Committee an opportunity to review the apphcations as part of the Comprehensive Plan update. Finally, on December 18, 1995, the City Council adopted the revised Comprehensive Land Use Plan. This revised plan included a land use change for the County Fairgrounds property to a LI (Light Industrial) and OS (Open Space) designation. Analysis The property is being used for the County Fair during the summer months and remains primarily vacant during the remainder of the year. The eastern half of the property is used for parking during softball and other recreational events. The rezoning of the property to Business Park (BP) will not discourage or prevent the property from being used for the purpose of a county fair or parking by those playing softball or other recreational events. According to State Statutes, Section 38.16, page 988, "when lands are owned by a county and used for agricultural fair purposes, the lands and buildings are exempt from the zoning, building, and other ordinances of the municipality." At the current time, there are no plans for future development of this site and the rezoning of this site will be consistent with the property west of Joplin. In order for a rezoning of a parcel of property to be approved, two items must be discovered: s:\planning\pc\zc95-2.doc 1) There has been an error in the determination of the current zoning designation. The times and conditions have changed to warrant a new zoning designation. The following are reasons to consider this rezoning apphcation at this time: To implement the business park concept discussed in the 1990 Focus Area Study and adopted by the City Council. · Amend the zoning map to be consistent with the comprehensive land use plan map. Estabhsh appropriate zoning designations within the western area in anticipation of development activity as a result of the recent extension of city water and sewer into the western area. It has been determined that the City has a high percentage of multiple family residential units and by rezoning this property a more balanced land use mix will be achieved. Recommendation It is recommended that the Planning C, ommission approve the rezoning request for the fairgrounds property based upon the following conditions: THE BP (BUSINESS PARK) ZONING DESIGNATION AND LI (LIGHT INDUSTRIAL) LAND USE DESIGNATION WILL IMPLEMENT THE CONCEPT OF A BUSINESS PARK AS DISCUSSED IN THE 1990 FOCUS AREA STUDY AND ADOPTED BY THE CITY COUNCIL IN SEPTEMBER OF 1990. THE REZONING TO BP (BUSINESS PARK) WILL PROVIDE FOR CONTINUITY IN THE ZONING MAP AS WELL AS PROVIDE COMPATIBLE DEVELOPMENT UNDER THE BP (BUSINESS PARK) ZONING STANDARDS WITH THE ADJACENT LAND USES. INCREASED DEVELOPMENT INTEREST IN THE WESTERN PART OF THE CITY CONSTITUTES A CHANGE OF CIRCUMSTANCES AND CONDITIONS REQUIRING THAT PROPERTIES IN THIS AREA OF THE CITY BE REZONED TO THE APPROPRIATE ZONING DISTRICTS SO THAT DEVELOPMENT WILL BE COMPATIBLE WITH SURROUNDING DEVELOPMENT. s:\planning\pc\zc95-2.doc THE REZONING WILL BE CONSISTENT WITH THE COMPREHENSIVE LAND USE DESIGNATION OF LI (LIGHT INDUSTRIAL). s:\planning\pc\zc95-2.doc ~,.JD LOCATION ~ ZONING City of .~,J~...~ Ell~'~River 13065 Orono Parkway · P.O. Box 490 CAsE:Z( Elk River, MN 55330 LOCATION I i o,.~ ~.~ LAND US ~"Y ~' . MAP '3o~s O~o,o,~kw~y · p.o. So, ~o CASE: ZlC, Elk River. MN 55330 May 9, 1995 Sherburne County BOARD OF ; COMMISSIONERS L .: Elk River City Council P.O. Box 490 13065 Orono Parkway Elk River, MN 55330 13880 Highway 10 P.O. Box 371 Elk River, MN 55330 241-2700 UJ 1-800-433-5229 (Within 612 Area Code) Request for Rezoning of the Fairgrounds land and Reimbursement for Mr. Arno's Appraisal. Dear Mayor and Council Members: On April 18, 1995 in the joint meeting between the Sherburne County Board of Commissioners, the Council had asked for the County's input on the rezoning of the lands from R-3 to Business Park. A..second issue on the Fairgrounds is the payment of Mr. Arno's bill for the appraisal on the Fairgrounds. Thc County of Shcrburne has no objection to thc City rczoning this area from 1i.-3 t° Business Park. Our only concern is that if the Fair continues to operate in this area that the zone will allow the usage of the same. Further, if the Fair does remain in this area and seeks to upgrade the facilities and usage on the land, that the zone provides for the same. -Second, the County has approved payment for Mr. Arno's appraisal and requests from the City its one-half share (in the sum of~lll~). We appreciate your prompt attention to this matter. Cordially, Friedl Chairperson Sherburne Coun:y Board of Commissioners H¢2701COWL\WPDATA\COR.R. ES PO'x0595.WPD District 1 4RNE ENGSTP, OM 20800 Me~do',;,'v~le .--_i.~ River. MN 55330 "-'.: 1-386£ District 2 ~ z.n.~Y ,¥,4GC,~$¥,~ 27553- 186ti; District 5 ........... ~Hh~O,~ :z":c:,' £ ?;.,"?,::::",,':.::=rT, 4~;k.' £539S Planning Commission Minutes March 28, 1995 Page 6 THE WELLS LOCATED AT THE JULIUS NEMETH RESIDENCE, THE SCALE HOUSE AND THE WASH OPERATION, SHALL BE MONITORED ONCE A YEAR FOR DIESEL RANGE ORGANICS {DRO). IF MINING IS TO OCCUR BELOW THE WATER TABLE, THE ABOVE WELLS MUST BE MONITORED FOR DRO PRIOR TO EXCAVATION ACTIVITIES COMMENCING AND AFTER THEIR CESSATION. FURTHER, IN THE EVENT OF A SPILL, APPROPRIATE WATER TESTS WILL BE TAKEN UNTIL THE SPILL IS DEEMED CLEAN. GROUNDWATER LEVELS SHALL BE MONITORED IN THE WELLS LOCATED AT THE JULIUS NEMETH RESIDENCE, THE SCALE HOUSE, AND THE WASH OPERATION, PRIOR TO THE START OF WASH OPERATIONS AND AN ADDITIONAL 3 TIMES DURING THE FIRST WEEK OF SAID OPERATION TO PREDICT THE LONG TERM EFFECTS OF THE PUMP OPERATION. THEREAFTER, THE AFOREMENTIONED WELLS SHALL BE TESTED A MINIMUM OF TWICE PER MONTH, SAID FREQUENCY TO BE INCREASED DURING DRY PERIODS. THIS ROUTINE TESTING SHALL ALSO BE DONE FOR THE WATER RECYCLING POND. WATER USAGE BY MINING ACTIVITY SHALL NOT ADVERSELY AFFECT ADJACENT RESIDENTIAL WELLS. MITAGATIVE MEASURES MAY INCLUDE, BUT ARE NOT LIMITED TO, CURTAILING OF PUMPING ACTIVITIES UNTIL WATER LEVELS RETURN. THE APPROPRIATE STORM WATER PERMIT SHALL BE OBTAINED BY THE OPERATOR FROM MPCA. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER MINTON MOVED TO TABLE THIS REQUEST UNTIL A RECOMMENDATION HAS BEEN RECEIVED FROM THE STEERING COMMITTEE TO UPDATE THE COMPREHENSIVE PLAN REGARDING INDUSTRIAL ZONED PROPERTY IN THE CITY. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER MINTON MOVED TO TABLE THIS REQUEST UNTIL A RECOMMENDATION HAS BEEN RECEIVED FROM THE STEERING COMMITTEE TO UPDATE THE COMPREHENSIVE PLAN. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER TACHENY MOVED THAT THIS ITEM BE CONTINUED TO THE APRIL 25TH PLANNING COMMISSION MEETING. COMMISSIONER SULLIVAN-SLOCUM SECONDED THE MOTION. THE MOTION CARRIED 6-0. Elk River Cit~, Council Minutes Februa~- 27, 1995 5.10. Page 3 on 1/30/95. At this time, the Park and Recreation Commission is recommending no development of youth athletic fields in Lion's Park. COUNCIl. MEMBER SCHEEL MOVED TO ACCEPT TIlE PARK AND RECREATION COMMISSION RECOMMENDATION THAT NO YOUTH FIELDS BE DEVELOPED IN LION'S PARK AT THIS TIME AND TO REQUEST A SCHEDULE FOR IMPROVEMENTS IN LION'S PARK FROM THE LION'S CLUB. COUNClLMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-1. Councilmember Dietz opposed. Consider Meetincj Date for Continued CIP Worksession COUNCILMEMBER HOLMGREN MOVED TO CALL A SPECIAL CITY COUNCIL MEETING - WORKSESSION FOR MARCH 13, 1795, FOLLOWING THE EPA MEETING TO REVIEW THE CITY COMPARABLE WORTH PLAN. COUNCIl. MEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO CALL A SPECIAL CITY COUNCIL MEETING FOR TUESDAY, APRIL 18, 1975, AT 6:00 P.M., AT THE ELK RIVER CiTY HALL, FOR THE PURPOSE OF MEETING WITH THE COUNTY BOARD. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER SCHEEL MOVED TO CALL A SPECIAL CITY COUNCIL MEETING - WORKSESSlON FOR APRIL 10, 1775, AT 7:30 P.M., FOLLOWING THE EDA MEETING, FOR THE PURPOSE OF MEETING WITH THE PARK AND RECREATION COMMISSION .... COUNClLMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. It was also noted that on April 3, 1995, the City Council will be meeting in joint session with the School Board. This meeting is at 6:00 p.m., at City Hall. It was noted that Councilmember Farber and, most likely, Councilmember Diet'z will not be available for the March 27, 1995, City Council meeting. The City Administrator indicated that if possible, he would try to schedule agenda items so that the meeting may be canceled. ,The Council requested to use the April 24, 1995, meeting as a CIP Worksession. Other Busines~ 8.1. Boy Scout Project Update 8.2, The Mayor acknowledged the "Thank You" from the Boy Scouts for the City's help in the recent storage shed project. ClP Worksession Uodate 8.3. The Mayor shared with the Council his ideas on how the City may want to spend TIF money from Districts No. 1 and No. 3 and No. 4. Uodote on Fairarounds Rezonin Tiae Mayor indicated that based on discussions with some County representatives and the comments from the Steering Committee, he believes that the Planning 7.2, ELk River City Council/~inutes February 27, 1995 Page 4 'Commission should consider rezoning the section of the fairgrounds that is R3 to '- Business Pa~. :!~COUNCILMEMBER FARBER MOVED TO HAVE THE PLANNING COMMISSION REVIEW A ,-REQUEST TO HAVE THE FAIRGROUNDS PROPERTY THAT IS CURRENTLY ZONED R3 'CHANGED TO A B-P ZONING DISTRICT AND AMEND THE LAND USE PLAN FROM HR '.TO LI.'~-COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION '~CARRIED 5-0. '? The City Council recessed at 6:52 p.m. and reconvened 7:02 p.m. 6. Pastor Matthews, Solid Rock Church, explained to the City Council the church's desire to hold a tent revival meeting in Elk River. Currently, the City ordinance does not allow this activity. 7.1. It was the consensus of the City Council to have the Planning Commission review the City ordinance regarding this issue. Greenhouse Request bv Plant Place, Inc. Planning Assistant Gary Schmifz provided the background information on this request to have a temporary green house in the Fresh Value Foods parking lot. COUNCILMEMBER FARBER MOVED TO APPROVE THE REQUEST FROM PLANT PLACE, INC., TO HAVE A TEMPORARY GREEN HOUSE IN THE FRESH VALUE FOODS PARKING LOT WITH THE FOLLOWING CONDITIONS: IF TRAFFIC BECOMES A PROBLEM AROUND THE SITE, THE SALES AREA SHOL~LD BE DELINEATED WITH SOME TYPE OF BARRIER TO RESTRICT PEDESTRIAN TRAFFIC. THE GREENHOUSE MUST BE KEPT IN GOOD CONDITION THROUGHOUT THE TIME IT IS ERECTED. LOCATION OF THE GREENHOUSE BE CONSISTENT WITH THE SITE PLAN. 4. AN ANNUAL REVIEW BE CONDUCTED BY THE CITY COUNCIL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Conditional Use Permit Reauest by Anthony Froland, Public Hearina, _C. ase No. CU 94-38 ' . Consider Variance Request by Anthony Froland, Public Hearinq, Case No. V 94-1 / Planning Intern Troy Langer provided the background information on this request. The request related to a variance from the size requirement of an accessory structure and a CUP to construct an accessory structure within the floodway district of a river or stream. Mayor Duitsman opened the public hearing. There being on one for or against the matter, Mayor Duitsman closed the public hearing. Steering Committee Minutes October 27, 1994 Page 5 :This. proPertY is currently occupied by the County Fairgrounds and is zoned R3 "(tOwnhouse-multi-family) : Discussion followed regarding the possibility of rezoning the property, since there already is an adequate amount of multi-family property in the City. Options discussed included business park and Iow density townhouse type zone.'" ~'~ suggested that the Committee consider a.separate zone for twin separate from the multi-family zoning. :' Area #4 This property is located in the extreme west Highway 10 area, presently zoned commercial. Dick Hinkle stated that it was his opinion that the commercial zoning designation is the best use for the property. Sheldon Vie, resident of Otse.ao, stated that he was the owner of the property in question. He explained that the property is primarily a sand hill, with an elevation approximately 10 feet higher than Highway 10. He stated that he is in favor of leaving the property with its present commercial zoning. Steve Ach suggested that if this area remains commercial the frontage road from the east should be coordinated with a frontage road to the west of Waco. Marly Glines stated that he felt the area where Mary McDivitt's home is located (south of Highway 10, near the Dairy Queen) would be a prime commercial area. Other Business Hank Duitsman explained that the City is in the process of obtaining a use permit from Mn/DOT to place a veteran's memorial on the triangular piece of property across from the Dairy Queen. 9. Next Meetinq 10. The next meeting of the Steedng Committee will be Thursday, December 1, 1994 at 6:30 p.m. to discuss the Central Planning Area. There being no fudher business, PAT DWYER MOVED TO ADJOURN THE MEETING. HANK DUITSMAN SECONDED THE MOTION. THE MOTION CARRIED 11-0. The meeting of the Elk River Steering Committee adjourned at approximately 8:30 p.m. R e~:)ecffu, Ily submitted, Debbie Kleckner Recording Secretary DATE: TO: FROM: SUBJECT: February 6, 1996 Elk River City Planning Commission, % Steven B. Ach Administrator David Loch Zoning Change for County Fairgrounds The Sherbume Coumy Board of Commissioners agrees with the proposal to change the Fairgrounds Zoning District from R3 (Townhouse,Multiple Family Residential) to BP (Business Park).