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6.8. SR 02-20-1996ITEM 6.8. ity of E MEMORANDUM River FROM: DATE: Mayor and City Council Scott Harlicker, Planning Assi~a~ February 20, 1996 F SUBJECT: City of Elk River Request for Rezoning from R4 to C2, Public Hearing Case No. ZC 96-2 Request The City of Elk River has initiated this rezoning request from R4 (Multi-Family Residential) to C2 (Office District) Location The two properties under consideration for rezoning are located at the southwest corner of School Street and Jackson Avenue. Zoning/~and Use R4 (Multi-Family Residential)/CB (Central Business) Attachments · Ordinance No. 96- · Report to the Planning Commission dated January 23, 1996 Background The area under consideration for rezoning consists of two lots at the southwest corner of School Street and Jackson Avenue. The two lots contain unrelated uses. One lot is residential containing an apartment building and garage; the other is used as a trucking business and a self storage facility. 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 C2. This will make the zoning consistent with the recent change in land use designation to CB. The existing apartment building and garage is a permitted use in the current zone and is also an allowed use in the proposed C2 zoning district. The trucking 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Memo to City Council/ZC 96-2 Page 2 February 20, 1996 business and mini-storage facility are non-conforming uses under the current zoning and will remain non-conforming in the proposed C2 zone. The proposed rezoning should not have an adverse impact on the adjacent properties; it would be compatible with the existing R4 zoning to the west, the proposed R2 zone to the east, the schools to the north and could be considered to be a logical extension of the C2 zone to the south. Planning Commission Meeting At the January 23, 1996 Planning Commission meeting, the Commission approved the rezoning request. No one spoke out against the rezoning at the public hearing. Recommendation It is recommended that the City Council approve Ordinance No. 96- rezoning certain property from R4 (Multi-Family Residential) to C2 (Office District) based on the following: 1 The proposed rezoning will be consistent with the Comprehensive Land Use Plan designation of CB (Central Business). The proposed rezoning is compatible with the adjacent land uses and zoning. Se The property to the south is currently zoned C2 and this would be a logical extension of the zone. The existing apartment building would not become a non- conforming use in the proposed C2 zone and the non-conforming use status of the trucking business and storage facility would remain unchanged. s:XplanningXscott\zc96-2cc.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 C2 (OFFICE DISTRICT) CASE NO. ZC 96 - 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 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:ordinance/zc96-2 EXHIBIT A An area generally described as lying immediately south of School Street and west of Jackson Avenue. LOCATION PARK s:\documentXordinanc~zc96-2.doc ~ty of 5.7. ver TO: FROM: DATE: MEMORANDUM Planning Commission Scott Harlicker, Planning Assistan~ January 23, 1996 SUBJECT: Rezoning for the City of Elk River, Public Hearing Case No. ZC 96-2 Request The City of Elk River is initiating this rezoning from R4 (Multi-Familty Residential) to C2 (Office District). ..Location The two parcels under consideration for rezoning are located at the southwest corner of School Street and Jackson Avenue. Attachments · Zoning Map · Land Use Map · Steering Committee Minutes dated 5/~5/95 ~na 6/15/95 Existing Conditions The approximately six acres is currently zoned R4 (Multi-Family Residential and the land use designation is CB (Central Business). The adjacent zoning and land use designations are as follows: North - Rlc (Single Family Residential); MR (Medium Density Residential) South - C2 (Office District) and PUD (Planned Unit Development); OS (Open Space) and CB (Central Business) East - R4 (Multi-Family Residential); MR (Medium Density Residential) West- R4 (Multi-Family Residential); HR (High Density residential) The adjacent land uses include to the north School Street and on the north side of School Street is the high school. To the south is vacant land and Lion's Park. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 City of Elk River Rezoning 96-2 Page 2 January 23, 1996 The properties to the east are single family residences and a duplex, and to the west is a church. The proposed rezoning consists of two lots. One lot, which has 200 feet of frontage on School Street, is owned by Donald Singer. It has an apartment building and a garage on it. The larger parcel is owned by Larry Morrell. It has frontage on both School Street and Jackson Avenue. Mr. Morrell operates his transfer and trucking business from this site; there is also a small self storage facility at the rear of the site. The Morrell property has numerous trucks and trailers parked on it; in fact, most of the site is used as outdoor storage of vehicles and trailers. Some perimeter landscaping consisting of evergreen trees has been planted along Jackson Avenue and School Street; however, much of it is in poor condition. Background The properties were 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) to C2 ( Office District). The properties were also included in the recent revisions to the Land Use Map. The land use designation was changed from HR (High Density Residential) to CB (Central Business). The City initiated this rezoning request so that the zoning would be consistent with the recent change in the land use designation from HR (High Density Residential) to CB (Central Business). 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 recent revisions to 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 change is warranted. This rezoning is being considered in order that this area will be consistent with recent changes to the land use plan, and therefore, the second 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\zc96-2.doc City of Elk River Rezoning 96-2 Page 3 January 23, 1996 The proposed rezoning should not have an adverse affect on the adjacent properties. The apartment building is a permitted use in the existing R4 zone and is also allowed as a conditional use in the proposed C2 zone. The transfer business and the self storage facility are non-conforming uses in both the existing zone and the proposed C2 zone. The proposed C2 zone would be compatible with the R4 zone to the west and the proposed R2 zone on the east side of Jackson Avenue. The proposed rezoning is also a logical extension of the existing C2 zone to the south Recommendation Staff can recommend approval of the proposed rezoning from R4 (Multi-Family) to C2 (Office District) based on the following: 1. The proposed rezoning will be consistent with the Comprehensive Land Use Plan designation of CB (Central Business). 2. The proposed rezoning is compatible with the adjacent land uses and zoning. 3. The property to the south is currently zoned C2 and this would be a logical extension of the zone. s:\planning\scott\zc96-2.doc Steering Committee Minutes Page 3 May 25, 1995 acres in size. If the propedy were rezoned she would not be able to add onto her home, and if it were over 50 percent destroyed by fire, etc. she would not be able to rebuild it as a residence. Her taxes would go up to $1,200 per year if the property were zoned commercial. Discussion followed regarding taxing of residential and commercial properties and whether or not it is based on land use or zoning. Ms. Madcle stated that she would be in favor of leaving the zoning as it is. Chair Minton stated that the underlying land use could be changed so that someday it could be commercial. Discussion followed regarding the multi-family zoning in this area. CHRIS KREGER MOVED TO RECOMMEND CHANGING THE LAND USE MAP FOR THE SUBJECT AREA FROM HR to HB (HIGHWAY COMMERCIAL), AND, TO CHANGE THE ZONING FROM R3 TO R1C {SINGLE FAMILY RESIDENTIAL). BILL BIRRENKOTT SECONDED THE MOTION. Barb Madcle questioned how the old Banke property would be affected by the changes. Chds Kreger explained that the owner would not be able to add on to the existing structure. Chair Minton noted that the Committee was not able to answer her taxing questions, as that it done by the County. THE MOTION CARRIED 13-0. Mary Eberley suggested that in the future, the Steedng Committee. refrain from commenting on tax issues, as this appears to be a complicated process which is done by the County. Area Alon,q Jackson Avenue Discussion followed regarding the following properties: -Morrell property (currently zoned R4 -Multiple Family Residential) -Property south of Morrell's on the west side of Jackson (currently zoned C2) -Property east along Jackson {south of School Street), (northern portion currently zoned R4 and southern portion zoned C-1 Central Commercial} MARY EBERLEY MOVED THAT THE STEERING COMMITTEE RECOMMEND THE FOLLOWING CHANGES IN ZONING: PROPERTY LOCATED ON THE EAST SIDE OF JACKSON BE CHANGED FROM THE EXISTING R4 (MULTIPLE FAMILY RESIDENTIAL) TO R2 (TWO FAMILY RESIDENTIAL); AND, THAT RESTRICTIONS BE INCORPORATED TO REQUIRE ANY NEW CONSTRUCTION TO MEET SETBACKS OF THE EXISTING HOMES ALONG THAT SECTION OF JACKSON AVENUE. THE MORRELL PROPERTY CURRENTLY ZONED R4 BE CHANGED TO C2 (OFFICE DISTRICT), CITING THE CONCERNS OF THE SCHOOL DISTRICT TO MAINTAIN A LESS INTENSE USE OF THE LAND TO DISCOURAGE CONGREGATION OF STUDENTS AND ALSO, TRAFFIC CONCERNS. Steering June 15, Committee Minutes 1995 Page 2 Review of Committee's Decisions on Commercial Developmen· ,F, airqrounds - Exhibits A and B Steve Ach described the boundaries of the fairgrounds property owned by Sherbume County which the Steering Committee recommended a zoning change to Business Park afa previous meeting. Dave Anderson expressed concern the land use change would affect the portion of the properly used for parking by the softball leagues and during community events. He suggested establishing an alternative land use for the parking areas. If was the consensus of the Committee that the Business Park zoning would not affect the parking use and that if the Fair Board ever decides to sell the properly, the Park and Recreation Commission will need to find a way to secure the necessary parking area. City property located on Hiqhway 10 beNveen the Cenex Station and the new water tower Dave Anderson suggested the possibility of rezoning the properly from its currently Rlc designation fo C3 (Highway Commercial). Steve Ach questioned whether or not some of this property would be needed for parking as Orono Park is further developed. Chair Minton suggested that Steve Ach provide a recommendation of this parcel afa future meeting. Dave Anderson stated that the Park and Recreation Commission will also have a recommendation for this properfl/. Steve Ach reviewed the following changes in land use and zoning recommended by the Steering Committee af their last meeting: Exhibits C & D Property at Northwest Comer of Proctor and Highway 10 - Rezoning from R3 to Rlc and amend land use to HB Exhibit E o.~ Rezone Morrell properly from R4 to C-2; rezone east side of Jackson from C-1 t R2 Exhibit F Morrell property - amend land use to CB Exhibit G City-owned property at Highway 169 and 193rd Avenue - amend land use to HB Exhibit H Southeast corner of Highway 169 and Main Street IEarl Hohlen property) - rezone to PUD Exhibit I Earl Hohlen property currently with a land use of HR - amend land use to HB ExhibitsJ & K LOCATION PARK I0 ~C ~ ZONING City o~ ~' . MAP Ell~~R]ver 13065 OronoP~rkw~y.P.O. Bo× 490 CASE: ZC 96 - 2 Elk River, MN 55330 N LOCATION City of_~ Ell~'~River 13065 Orono Parkway · P.O. Box 490 Elk River. MN 55330 LAND USE MAP CASE: ZC 96 - 2