Loading...
6.7. SR 02-20-1996'ity of MEMORANDUM ITI~ 6.7. TO: FROM: DATE: SUBJECT: Mayor and City Council Scott Harlicker, Planning Assistan~ /- February 20, 1996 City of Elk River Rezoning Request, Public Hearing Case No. ZC 96-1 Request The City of Elk River has initiated this rezoning request from R4 (Multi-Family Residential) to R2 (Two Family Residential) Location The properties under consideration for rezoning are located on the east side of Jackson Avenue, approximately 150 feet deep, from School Street south to 5th Street. Zoning/Land Use R4 (Multi-Family Residential)/MR (Medium Density Residential) Attachments · Ordinance 96- · Report to the Planning Commission dated January 23,1996 Background The area under consideration for rezoning consists of the lots fronting the east side of Jackson Avenue from School Street to 5th Street. The properties are currently residential with one duplex and the remaining properties single family. This area was discussed at the August 17, 1995 meeting of the Steering Committee. At that meeting the Committee recommended the zoning be changed from R4 to R2. This would make the zoning consistent with the land use designation of Medium Density Residential. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 City of Elk River Rezoning ZC 96-1 Page 2 February 20, 1996 The proposed rezoning should not have an adverse impact on the adjacent properties. The proposed rezoning will serve as a buffer between the C2 zone on the west side of Jackson Avenue and the single family residences on Irving Avenue. The existing uses are permitted and the proposed rezoning would not create any non-conforming uses. Planning Commission Meeting At the January 23, 1996 Planning Commission meeting, the Commission approved the rezoning request. Several affected property owners spoke at the public hearing. Only one spoke against the rezoning and it was for philosophical reasons. The Commission noted that because of the small size of most of the lots, it would take several lots to provide enough room to construct a duplex or one of the other permitted uses. Recommendation It is recommended that the City Council approve the proposed rezoning from R4 (Multi-Family Residential) to R2 (Two Family Residential) based on the following: 1. The proposed rezoning will be consistent with the Comprehensive Land Use Plan designation of MR (Medium Density Residential). 2. The proposed rezoning is compatible with the adjacent land uses and zoning. 3. The proposed rezoning will also serve as a logical land use transition between the single family residences on Irving Avenue and the C2 zone on the west side of Jackson Avenue. 4. The existing homes would not become non-conforming uses in the proposed R2 zone. s:XplanningXscottXzc96- lcc.doc ORDINANCE NO. 96 - CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM R4 (MULTI FAMILY RESIDENTIAL) TO R2 (TWO FAMILY RESIDENTIAL) CASE NO. ZC 96 - 1 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 20th day of February_, 1996, by the City Council of the City of Elk River. ATTEST: Henry A. Duitsman, Mayor Sandra A. Thackeray, City Clerk s:ordmance/zc96-1. EXHIBIT A An area generally described as lying east of Jackson Avenue approximately 150 feet deep, from School Street south to 5th Street. s:ordinance/zc96-1. ~LOCATION ~C PARK I0 ,,", s:XdocumentXordinancXzc96-1.doc :~ ~ity of MEMORANDUM ITEM 5.6. TO: FROM: DATE: SUBJECT: Planning Commission Scott Harlicker, Planning Assistant- January 23, 1996 Rezoning for the City of Elk River, Public Hearing Case No. ZC 96-1 Request The City of Elk River is initiating this rezoning from R4 (Multi-Family Residential) to R2 (Two Family Residential). Location The properties under consideration for rezoning are located on the east side of Jackson Avenue, approximately 150 feet deep, from School Street south to 5th Street. Attachments · Zoning Map · Land Use Map Existing Conditions The approximately 6 acres under consideration for rezoning is currently zoned R4 (Multi-Family Residential) and the land use designation is MR (Medium Density Residential). The adjacent zoning and land use designation are as follows: North - Rlc (Single Family Residential); MR (Medium Density Residential) South - C1 (Central Commercial); CB (Central Business) East - Rlc (Single Family Residential); MR (Medium Density Residential) West- C2 (Office District); CB (Central Business) To the north of the proposed rezoning is School Street and the school. The property to the south is a single family residence and next to that is a small 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 office building. To the east are single family houses which front on Irving Avenue. To the west is a mm of land uses. On the west side of Jackson Avenue is the Sherburne County Highway Department, a small office building and warehouse, Lion's Park and the Morrell Transfer facility. The area under consideration for rezoning.consists of the lots fronting on the east side of Jackson Avenue extending south from School Street to 5th Street. All of the lots have access from Jackson Street and via a 12 foot wide rear alley on the east. The properties are almost exclusively single family; there is one duplex located between 8th Street and 7th Street. The housing stock is mostly older homes; the duplex is the newest home, having been constructed several years ago. The vegetation includes large mature trees, as well as bushes and typical residential landscaping. Background This area was the subject of discussion by the Steering Committee during the recent Comprehensive Plan update. At their August 17,1995 meeting the Steering Committee recommended the zoning be changed from R4 (Multi-Family Residential) to R2 (Two Family Residential). The City initiated this rezoning request so that the zoning would be consistent with the land use designation of MR (Medium Density Residential). This rezoning request is part of a larger process that the City is undertaking to rezone certain proPerties so that they are consistent with the land use map. Evaluation of Request In order to approve a rezoning request there must be a finding that a) the plan was in error when it was adopted and therefore should be changed, or b) the times and circumstances have changed since the plan was adopted, and a change is warranted. This rezoning is being considered in order that this area will be consistent with the land use plan. The land use plan designated this area as Medium Density Residential and the existing zoning of Multi-Family Residential is not consistent with that designation. The proposed rezoning to Two Family Residential is consistent with the existing land use designation, and therefore, the first finding is met. Consideration should also be given to the existing conditions within the area directly and indirectly affected by the proposal, the conservation of property values, the use to which the property affected is being devoted at the time and the relevant portions of the land use plan. s:\planning\scott\96-Ol.doc This proposed rezoning should not have an adverse impact on the adjacent properties to the north, south east or west. The rezoning will not create any non- conforming uses; the existing single family homes, as well as the duplex, are permitted uses in the existing R4 zone as well as the proposed R2 zone. The proposed rezoning will also serve as a buffer between the C2 zone on the west side of Jackson Avenue and the single family residences on Irving Avenue. Recommendation Staff can recommend approval of the proposed rezoning from R4 (Multi-Family) to R2 (Two Family Residential) based on the following: The proposed rezoning will be consistent with the Comprehensive Land Use Plan designation of MR (Medium Density Residential). 2. The proposed rezoning is compatible with the adjacent land uses and zoning. e The proposed rezoning will also serve as a buffer between the single family residences on Irving Avenue and the C2 zone on the west side of Jackson Avenue. s:\planning\scott\96-01.doc -! // L~OCATION ~~1C,,~ R~ PARK I0 ~ ZONING E1E'~-River MAP 13065 Orono Parkway. P.O. Box 490 CASE: ZC 9ti - 1 Elk River, MN 55330 N NS¸ LOCATION LAND USE City of / 'r:,.g,~'~.. MAP ~m'~R]ver ~ I ,~o~ o~o~o¢~,. ~.o. ~o~ ~o c~sE: ze ~.