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6.6. SR 02-20-1996ity of ITl~ 6.6. MEMORANDUM 'ver FROM: Mayor & City Council ~]teven II. Ach, City Planner~__~_~ DATE: February 20, 1996 SUBJECT: Rezoning for the City of Elk River, Public Hearing Case No. ZC 95-6 Issug Consider the City of Elk River's request to rezone approximately one acre from R-lc (Single Family Residential) to C-3 (Highway Commercial). Location The property is located at the northwest corner of Highway 169 and 193rd Avenue. Zoning/~and Use R-lc (Single Family Residential) / HB (Highway Business) Attachments · Ordinance No. 96 - · C-3 and C-4 Zoning Standards · Report to the Planning Commission dated January 23, 1996 Overview This rezoning request is also being brought forward as a result of a land use plan change to the affected property. The subject property is located at the northwest corner of Highway 169 and 193rd Avenue and is a triangular piece of property extending up to approximately the 194th Avenue alignment. The usable portion of the property is located primarily at the intersection of Highway 169 and 193rd Avenue and has developable area of approximately 11/2 acres. The balance of the property is rather narrow and contains several utility lines which makes it difficult to develop. There are also a mature stand of pine trees immediately north of the 11/2 acre open area for development that provides a nice buffer to the residential area to the north and west. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Memo to City Council]ZC 95-6 Planning Commission Recommendation The Planning Commission expressed concern regarding the proposed rezoning to C-3 (Highway Commercial) given the broad spectrum of uses that could possibly occur under the C-3 standards. The Planning Commission felt that a more appropriate zoning designation would be the new C-4 (Neighborhood Commercial) zoning district which allows for a variety of commercial uses that will be more compatible with the residential to the west and north. The Planning Commission also indicated a strong desire to see the preservation of the mature pine trees on the north side of the developable area which provides a natural buffer. It was also suggested that the city consider planting additional trees on the north side of this existing stand to further enhance the buffer area prior to any development occurring. C-4 (Neighborhood Commercial) Standards Attached is a copy of the uses allowed in both the C-3 and C-4 zoning districts. The Planning Commission raised some concerns related to the uses that may occur on this property under the C-3 zoning classification. Given the size and location of this property, it appears as though the uses allowed under the C-4 standards would met the intent of neighborhood commercial for this particular location. Recommendation It is recommended the City Council approve Ordinance No. 96-__ rezoning approximately 11/2 acres at the northwest corner of Highway 169 and 193rd Avenue from R-lc (single family residential) to C-4 (Neighborhood Commercial) based on the following findings: The times and conditions have changed to warrant the new zoning designation to allow for commercial development at the intersection of Highway 169 and 193rd. o The rezoning will be consistent with the recommendations from the Steering Committee to extend commercial development north along the west side of Highway 169. o The rezoning will be a logical and continuous extension of the existing commercial along the west side of Highway 169. The rezoning to commercial can be supported by the availability of water and sewer to the south and the existing transportation system. s:XcouncilXzc95-6.doc Memo to City Council/ZC 95-6 e The rezoning will be consistent with the Comprehensive Land Use Plan designation of HB (Highway Business). s:XcouncilXzc95-6.doc ORDINANCE NO. 96 - CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R1C (SINGLE FAMILY RESIDENTIAL) TO C4 (NEIGHBORHOOD COMMERCIAL) CASE NO. ZC 95-6 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 EXHIBIT A The subject property is generally desscribed as the area lying north of 193rd Avenue, east of Holt Street, west of Highway 169 and south of a line approximately 350' north of 193rd right-of-way. s:XdocumentXordinancXzc95-6.doc ';,ty of ver TTEI,~ 5.5. Request TO: FROM: DATE: SUBJECT: MEMORANDUM Planning Commission Steven B. Ach, City Planner~ January 23, 1996 Rezoning for the City of Elk River, Public Hearing Case No. ZC 95-6 The City of Elk River is requesting a rezoning of approximately one acre from Rlc (Single Family Residential) to C3 (Highway Commercial). Location The property is located at the northwest corner of Highway 169 and 193rd Avenue. Zoning/Land Use Rlc (Single Family Residential) / MR (-Medium Density Residential) Attachments · Location Map · Zoning Map · Concept Plat · Planning Commission dated August 22, 1995 Overview The rezoning application involves approximately 1-1/2 acres of a 3 acre parcel at the northwest corner of Highway 169 and 193rd Avenue, and is also bordered on the west by Holt Avenue. The property extends north of 193rd along Highway 169 to approximately the 194th ahgnment. The property is a triangular-shaped parcel which is not conducive to full development, given the narrowness of the parcel at the north end along with the existing mature pine trees and existing utihties. However, the site does have approximately 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 1-1/2 acres immediately at the corner of Highway 169 and 193rd for potential development opportunity. The subject property is surrounded by the following land uses: North - vacant/residential zoned property West - residential homes/vacant property East- Highway 169 and commercial development (Hillside Crossing) South- Jackson]193rd and commercial development (Elk Park Center) The area requested to be rezoned covers the southern half of the 3 acre parcel. This southern half is buffered on the north by a stand of mature pin trees. This natural buffer will provide a logical separation between the existing single family homes and any commercial development which may occur on the property. Comprehensive Plan Amendment and Rezoning The Steering Committee has recently discussed the extension of commercial development north along Highway 169. The Committee has recommended that commercial development be extended north along Highway 169 to approximately 194th alignment which would include the City property at the northwest corner of 193rd and Highway 169. The proposed land use plan amendment and rezoning request would allow for commercial development under the C3 standards. The C3 zoning district is the City's most intensive commercial district and is consistent with the existing commercial found along Highway 169. Although the rezoning to C3 would allow for a variety of possible uses, some of which may not be fully compatible with the residential to the west, however, the City, as property owner, can control the type of use. This "control" can respect the needs of the neighborhood to the west and meet the community's needs for commercial opportunities. Recommendation It is recommended the Planning Commission recommend approval of the rezoning of approximately 1-1/2 acres at the northwest corner of Highway 169 and 193rd from Rlc (Single Family Residential) to C3 (Highway Commercial) based on the following findings: The times and conditions have changed to warrant the new zoning designation to allow for commercial development at the intersection of Highway 169 and 193rd. s:\planning\pc\zc95-6.doc e e The rezoning will be consistent with the recommendations from the Steering Committee to extend commercial development north along the west side of Highway 169. The rezoning will be a logical and continuous extension of the existing commercial along the west side of Highway 169. The rezoning to commercial can be supported by the availability of water and sewer to the south and the existing transportation syster~ The rezoning will be consistent with the Comprehensive Land Use Plan designation of HB (Highway Business). s:\planning\pc\zc95-6.doc ,LOCATION '1 F:~le PUD , ! F~c -'='-" c A El~~River ZONING MAP CASE ZC 95-6 ~.0. Eax 4cO · 1_~0~5 ". ..... ". =~.,.., LOCATION ~, ~ LAND US 'ty of . Ell~~R~ver ~o~ O;o~o P~w~;, · ~.o. Sox ~90 CAS E: Elk River. MN 5.5330 ZC 95-6 CEMETERY 'o J .i.. - - ~ ~- J- ............... "--- I I cn I "'---..._ I,-: ,., c:-!- I I I 7s-,~,-o~o '-' I '""' -"'" / I ~ / -- .._. / I ,V & ........ /__ pp .21. --. / ",-,, / ,', ;'","'' ', ,, ..... -- .............. . ., ' _ ,,', I ~o~r " /_ '- I / ~ o ~ 75-431-0432 / 15 I "- -- I I ~ ,o ~OL-~ -- , 7' "' 75-451-04.30 I "'J ',c('! '~ DRAINAGE. AND UTILITY ! ~-" ' ~ '~ ASEbI£NT - ' '--. 14 - "-~ / / / -*-,. ' ' '"-- I I (/ "'- -' FT. U '" i- ,' '~--.~ --:. --: ' _- ~. 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I ~ / ~ ! , '- "' REVlSEDPL-AT j- - ~-^ST u.~ or T,~ S~ ~/~ ~,~'~Z''~ CENTER OF OF THE NW 1/4 OF SECTION 27 SECTION 27 I POIN I f)l t ¸%, Planning Commission Minutes August 22, 1995 Page 5 THE VARIANCE WILL HAVE NO IMPACT OR ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF THE COMMUNITY AND WILL BE KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. AND ALSO, THE FACT THAT THE SUBJECT PROPERTY WAS ORIGINALLY PART OF A 40 ACRE PARCEL WHICH WAS REDUCED BY THE ROAD RIGHT OF WAY. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 7-0. Chair Kuester requested staff to research similar variances to determine if a code amendment could be considered to address these situations. 6.2. City Purchase of Tax Forfeited Land Staff report by Steve Rohlf. The following tax forfeited parcels are recommended for purchase by the city: Parcel located at Ogden Street and 196th Avenue. Tax forfeit pdce is $1,250, which is special assessments owed to the city. The parcel would be used for drainage. Outlot A, Ridgewood East, is located at Highland Road and Proctor Avenue. The parcel presently serves as a drainage easement in the area. Purchase price is $581.95. $42.41 of this price is for.a sanitary sewer interceptor assessment levied by the city. Lot 13, Block 1, MeadoTM Park is located in a park service ~rea that has · has no current park. Purchase price is $16,500. Steve Rol~lf'noted that there is no other suitable property in this area for a park. Steve reported that State Statute requires that the Planning Commission review purchases of tax forfeit land by cities to ensure the proposed use is in conformance with the comprehensive plan. COMMISSIONER MINTON MOVED THAT ACCORDING TO THE PLANNING COMMISSION'S INTERPRETATION, THE THREE TAX FORFEITED PARCELS PROPOSED FOR PURCHASE BY THE CITY ARE IN KEEPING WITH THE CITY OF ELK RIVER'S COMPREHENSIVE PLAN. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. Staff repo~ by Steve Ach. The Ci~ of Elk River ~ requesting the following applications for a parcel owned by the Ci~ of Elk River located at the no~hwest comer of Highway 169 and 193rd Avenue: Planning Commission Minutes August 22, 1995 Page 6 A comprehensive land use plan amendment changing the land use designation from MR (Medium Density Residential) to HB (Highway Business). Rezoning from Rla (Single Family Residential) to C3 (Highway Commercial). C. Preliminary plat to plat a 3 acre parcel into one commercial lot. Discussion was carried on regarding possible uses for the site. Members of the Planning Commission expressed concern for preservation of the tree line to buffer the neighboring residences from the commercial development. Discussion followed regarding the possibility of splitting the property into two parcels to prevent a future properh/owner from developing the site beyond the trees. COMMISSIONER KREGER MOVED TO TABLE CONSIDERATION AND THE PUBLIC HEARING FOR THE FOLLOWING ITEMS, TO ALLOW STAFF TIME TO RESEARCH A SECONDARY PROPOSAL TO SPLIT THE PARCEL INTO TWO LOTS; REZONING THE SOUTHERN LOT FROM RlC TO C3, AND LEAVING THE NORTHERN LOT AT ITS PRESENT RlC ZONING: CITY OF ELK RIVER REQUEST FOR LAND USE AMENDMENT (MR TO HB), PUBLIC HEARING CASE NO. LUA 95-6, CiTY OF ELK RIVER REQUEST FOR ZONE CHANGE (RlC TO C3), PUBLIC HEARING CASE NO. ZC 95-6, CITY OF ELl( RIVER REQUEST FOR PRELIMINARY PLAT APPROVAL, PUBLIC HEARING CASE NO. P 95-4, AND, THAT THE PUBLIC HEARING ON THESE ITEMS BE RE-ADVERTISED AND RESIDENTS WITHIN 350 FEET BE RE-NOTIFIED OF THE PUBLIC HEARING BY LET[ER. COMMISSIONER DILLON SECONDED THE MOTION. THE MOTION CARRIED 7-0. A letter was received from Jeff Gongoll of Phoenix Enterprises, stating his support for the City's request to establish the plat, land use and zoning designations for the subject properly. Staff report by Gary Sahmitz. The City of Elk River is requesting an amendment which would change the rear yard setbacks for principal structures in the R la and Rlb zoning districts to 25 feet. Staff felt the existing 10 - 15 foot rear yard setback would not provide an adequate buffer if a parcel were fully developed to the rear setback line. Gary noted that in surveying other dries, Elk River had the smallest rear yard setback.