6.10. SR 02-20-1996ity of
ITEM 6.10.
MEMORANDUM
·
,lver
FROM:
DATE:
City Council ~~~
Scott Harlieker, Planning Assist ~'
February 20, 1996
SUBJECT:
City of Elk River Request for
Rezoning from R3 to C3, Public
Hearing Case No. ZC 96-4
Request
The City of Elk River has initiated this rezoning request from R3
(Townhouse/Multi-Family) to C3 (Highway Commercial).
Location
The property under consideration for rezoning is located at the southwest corner
of Highway 169 and Main Street.
Zoning/Land Use
R3 (Townhouse/Multi-Family) / HB (Highway Business)
Attachments
· Ordinance No. 96-
· Survey map showing property boundary
· Report to the Planning Commission dated January 23, 1996
Background
The area under consideration for rezoning consists of one lot with approximately
1000 feet of frontage on Highway 169. The property is vacant with a wooded
berm along Highway 169. Behind the berm the property drops off sharply to the
west. Development of this site will require large quantities of fill. This area was
discussed at the August 17,1996 Steering Committee meeting. At that meeting
the Committee recommended the zoning be changed from R3 to C3. This would
make the zoning consistent with recent revisions to the Land Use Map which
designated this property as HB (Highway Business).
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Memo to City Council/ZC 96-4 Page 2
February 20, 1996
The proposed rezoning should not have an adverse impact on the adjacent
properties. The proposed rezoning would be compatible with the commercially
zoned property on the east side of Highway 169 and the industrial zone property
to the south. The property to the west could serve as a buffer between the
proposed C3 zone and the adjacent residential properties on 1st Street and 2nd
Street. The rezoning of this property could also be considered a logical extension
of the existing C3 zone to the north.
Planning Commission Meeting
At the January 23, 1996 Planning Commission meeting, the commission
approved the rezoning request. The property owner spoke at the public hearing;
he stated that he did not have a problem with the property being rezoned to C3.
He did voice some concern regarding what impact the rezoning would have on
his property taxes.
Recommendation
It is recommended that the City Council approve Ordinance No. 96-__
certain property from R3 (Townhouse/Multi-Family) to C3 (Highway
Commercial) based on the following:
rezoning
The proposed rezoning will be consistent with the Comprehensive Land
Use Plan designation of HB (Highway Business).
e
The north part of the property is currently zoned C3 and this would be
a logical extension of the zone.
e
The rezoning will not have an adverse impact on the adjacent
properties. The area west of the old County Ditch #10 will provide a
natural point of separation and could serve as a buffer between the
intense commercial uses along Highway 169 and the existing residences
to the west.
s:\planning\scottXzc96-4cc.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 RESIDENTIAL) TO
C3 (HIGHWAY COMMERCIAL)
CASE NO. ZC 96 - 4
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/zc96-4
EXHIBIT A
An area generally described as lying west of Highway 169, east of County Ditch
#10, north of the United Power Association access drive from Highway 169, and
approximately 200 feet south of Main Street.
LOCATION
s:\document\ordinanc\zc96-4.doc
ST,~££T
'ity of
TO:
FROM:
DATE:
SUBJECT:
ITEM 5.9.
MEMORANDUM
Planning Commission
Scott Harlicker, Planning Assistant'
January 23, 1996
Rezoning for the City of Elk River,
Public Hearing Case No. ZC 96-4
Request
The City of Elk River is initiating this rezoning from R3 (Townhouse/Multi-
Family) to C3 (Highway Commercial).
Location
The property under consideration for rezoning is located at the southwest corner
of highway 169 and Main Street. The property is rectangular shaped and part of
a larger approximately 10 acre parcel. The area under consideration for rezoning
is bounded by Highway 169 to the east, County Ditch #10 to the west, the
United Power Association access drive from Highway 169 to the south and Main
Street approximately 200 feet to the north.
Zoning/Land Use
R3 (Townhouse/Multi-Family) / HB (Highway Business)
Attachments
· Zoning Map
· Land Use Map
Existing Conditions
The approximately four acre parcel is currently zoned R3 ( Townhouse/Multi-
Family) and the land use is HB (Highway Business). The adjacent zoning and
land use designations are as follows:
North - C3 (Highway Commercial); HB (Highway Business)
South - I1 (Light Industrial); L1 (Light Industrial)
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
City of ELk River Zone Change
January 23, 1996
East - C3 (Highway Commercial; HB (Highway Business)
SVest - R3 ( TownhousefMulti-Family); HR (High Density Residential)
Page 2
The property to the north is currently vacant; however, there is a billboard
located at the corner of Main Street and Highway 169. The property to the
south is part of the United Power Association facility. To the east is Highway
169 and a mobile home park. To the west is a mix of land uses; the remaining
portion of the property west of the ditch is vacant and adjacent to that is
residential with a mix of duplexes and single family residences.
The property has approximately 1000 feet of frontage on Highway 169. The
physical characteristics of the site include a wooded berm along the highway.
Behind the berm the property drops off sharply to the ditch. Development of this
area will require large quantities of fill, There appears to have been some filling
of the area behind the berm. Except for the pine trees on the berm, there is little
vegetation on the site.
Background
The property is owned by Earl Hohlen. It 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 R3 (Townhouse/Multi-Family) to C3 (Highway Commercial). The
property was also included in the recent revisions to the Land Use Map. The
land use designation was changed from HR (High Density Residential) to HB
(Highway 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 HB (Highway 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 a change
is warranted.
This rezoning is being considered in order so that this area will be consistent
with recent changes to the land use plan, and therefore, the second finding is
met.
s:\planning\scott\zc96-4.doc
City of Elk River Zone Change Page 3
January 23, 1996
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.
The proposed rezoning should not have an adverse affect on the adjacent
properties to the north, south and east. The proposed C3 zone would be
compatible with the other commercially zoned property to the north and on the
east side of Highway 169 as well as the light industrial zone to the south. The
proposed rezoning is also a logical extension of the existing C3 zone to the north.
The property to the west could be impacted by the proposed rezoning; it is
currently zoned R3. The C3 zone is the City's most intense commercial zone and
many of the uses allowed may not be compatible with residential uses. The
remainder of the lot west of the ditch could be utilized to provide a buffer
between the proposed C3 zone and the existing residences on 1st Street and 2nd
Street.
Recommendation
Staff can recommend approval of the proposed rezoning from R3
(Townhouse/Multi-Family) to C3 (Highway Commercial) based on the following:
The proposed rezoning will be consistent with the Comprehensive Land
Use Plan designation of HB (Highway Business).
e
The north part of this property is currently zoned C3 and this would be
a logical extension of the zone.
e
The rezoning will not have an adverse impact on the properties to the
east, north and south. The ditch, which comprises the west boundary of
the area to be rezoned, will provide a natural point of separation
between the intense commercial uses along Highway 169 and the
remainder of the property. The area west of the ditch could be utilized
to provide a buffer between the commercial uses of the C3 zone and the
existing residential neighborhood.
s:\planning\scott\zc96-4.doc
LOCATION
"
~ ZONING
City of .~,~1~ MAP
Ell~'~~River
13065 Orono Parkway. P.O. Box 490 CASE: ZC 96 - 4
Elk River, MN 55330
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LOCATION
~ ~.~ LAND USE
~l°~~,l~]¥el, MAP
13065 Orono Parkway . p.O. Box 490 CASE: ZC 96 - 4
Elk River. MN 55330
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