5.3. SR 03-18-1996y of
River
MEMORANDUM
ITEM 5.3.
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Steven B. Ach, City Planner~
March 18, 1996
Rezoning Request by Tom and Sara
Hartman/Guardian Angels of Elk
River, Inc., Public Hearing Case No.
ZC 94-15
Issue
Consider a request to rezone approximately 4 acres from Rlc (Single Family
Residential) and R2b (Two Family Residential) to C4 (Neighborhood
Commercial).
Attachments
· Ordinance No. 96-
· Report to the Planning Commission dated February 27, 1996
Background
This request was originally submitted to the Planning Commission and City
Council, along with a comprehensive land use plan amendment in the latter
part of 1994. At that time, the comprehensive land use plan amendment was
approved by the Planning Commission and City Council, however, the
rezoning was deferred until an exact alignment of the frontage road was
established, a defined legal description of the area to be rezoned, and a new
neighborhood commercial zoning district was put in place. All of these
actions have occurred over the past twelve months; therefore, the rezoning
has been brought back before the City Council for consideration.
The rezoning from Rlc and R2b to C4 (Neighborhood Commercial) is a logical
rezoning, given the alignment of the new frontage road on the north side of
Highway 10 which naturally creates a small (3-4 acre) commercial area. The
nature of the commercial activity in this particular location, given the C4
zoning designation, will be much different than that found on Highway 169.
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Memo to Mayor and City Council/ZC 94~15 Page 2
March 18, 1996
A better comparison would be the Joplin Crossing mall directly to the south
of this subject site.
Based on the relatively small area considered to be rezoned to commercial,
along with the close proximity of the residential zoning district immediately
to the north, the C4 district will provide for limited commercial activities, and
still be a compatible land use with the surrounding land uses. Although the
applicants do not have any specific uses for the site at this time, the rezoning
is being requested to coincide with the anticipated improvements in 1996 of
the north frontage road.
Please refer to the attached staff report to the Planning Commission for
additional information.
Recommendation
It is recommended the City Council consider Ordinance No. 96- ., rezoning
certain property from Rlc (Single Family Residential) and R2b (Two Faintly
Residential) to C4 (Neighborhood Commercial) based on the following
findings:
The proposed frontage road creates a natural area that would be
best used as commercial.
o
Change to a neighborhood commercial zoning designation will not
have a detrimental effect on the surrounding properties.
With the construction of a frontage road, conditions will change to
warrant a change in zoning.
Establishing a commercial zoning at a signalized intersection is a
reasonable and logical land use determination.
Change in zoning is consistent with the Comprehensive Land Use
Plan map that was recently updated as part of the Comprehensive
Plan update.
s:\council\zc94-15.doc
ORDINANCE 96 -
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE CITY OF ELK RIVER
ZONING MAP TO REZONE CERTAIN PROPERTY FROM
Rlc (SINGLE FAMILY RESIDENTIAL AND R2b (TWO FAMILY
RESIDENTIAL) TO C4 (NEIGHBORHOOD COMMERCIAL)
CASE NO. ZC 94 -15
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:
That portion of the SW 1/4 of the NW 1/4 of Section 32, Township 33,
Range 26, Sherburne County, Minnesota, and lying north of U.S. Highway
10 and south of future north frontage road.
See Attached Exhibit A
Section 2. The City Council has reviewed the rezoning request and has
determined the following findings to support the rezoning:
The proposed frontage road creates a natural area that would be
best used as commercial.
The change to Neighborhood Commercial zoning designation will
not have a detrimental affect on surrounding properties.
o
With the construction of a frontage road, conditions will change to
warrant a change in zoning.
Establishing commercial zoning at a signalized intersection is a
reasonable and logical land use determination.
The change in zoning is consistent with the Comprehensive Land
Use Plan Map.
Section 3. 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:\document\ordinanc\oa94-15.doc
TTE~ 7.2.
'ity of
'ver
FROM: '
DATE:
SUBJECT:
MEMORANDUM
Planning Commission
Steven B. Ach, City Planne.~~_..
February 27,1996
Rezoning Request by Tom and Sara
Hartman]Guardian Angels of Elk River,
Inc., Public Hearing, Case No. ZC 94-15
Request
The applicants are requesting a rezoning from Rlc (single family residential)
and R2b (two family residential) to C4 (neighborhood commercial).
Attachments
Location Map
Zoning Map
Land Use Plan Map
Report to the Planning Commission dated December 27, 1994
Sketch Drawing of Proposed Frontage Road
Background
This request was originally part of a two part application made by the
Guardian Angels of Elk River, Inc., and Tom and Sara Hartman back in the
later part of 1994. As those two applications work their way through the
process, the Comprehensive Land Use Plan amendment moved forward,
changing an area generally described as that line between the proposed
frontage road and Highway 10 for a commercial land use designation. The
second part of the application regarding the rezoning was never acted upon
by the City Council. Rather, deferred until an exact legal description
defining where the frontage road would be and, hopefully, the creation of a
new commercial zoning district slightly less intense than the highway
business as originally proposed.
Since those two applications were submitted to the Planning Commission,
several actions have taken place. First of all, as part of the Comprehensive
Plan update, a new zoning designation was put into place by the Planning
Commission and City Council entitled Neighborhood Commercial. This new
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
zoning district was designed for properties similar to the Hartman's and
Guardian Angels where commercial activity appeared to be reasonable, but
have some limitations to the types of uses given its overall size and proximity
to residential zoned areas. This new zoning district was made available to
Mr. and Mrs. Hartman as well as the Guardian Angels for their review as
this ordinance was being considered as we knew it would directly affect their
property. Now that the ordinance has been adopted along with the frontage
road alignment defined, the rezoning request is now brought back to the
Planning Commission for consideration. However, this time the request is to
consider rezoning the property to C4 (neighborhood commercial) rather than
the C3 that was originally proposed.
Analysis
Please refer to the attached staff report dated December 27, 1994, for further
information. Most of the information in this report is still applicable except
for any references made to having the property rezoned to C3 (Highway
Commercial).
Recommendation
It is recommended the Planning Commission recommend approval of the
rezoning from Rlc (single family residential) and R2b (two family residential)
to C4 (neighborhood commercial) based on the following findings.
The proposed frontage road creates a natural area that would be best
used as commercial.
o
SD
o
Change to a neighborhood commercial zoning designation will not have
a detrimental effect on the surrounding properties.
With the construction of a frontage road, conditions will change to
warrant a change ir~ zoning.
Estabhshing a commercial zoning at a signalized intersection is a
reasonable and logical land use determination.
Change in zoning is consistent with the Comprehensive Land Use Plan
map that was recently updated as part of the Comprehensive Plan
update.
s:\planning\pc\zc94-15.doc
PUD
E~~River
ZONING MAP
CASE ZC 94-15
P.O. Box. 490 · !.5.~'~ c~,-.-,,,,, o-.-: ...........
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City of
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13065 Orono Parkway · P.O. Box 490
Elk River. MN 55330
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ITEMS 5.4. & 5.5.
City of
.MEMORANDUM
TO:
PIANNIN~ t2OMMIgglOlq
FROM: STEVEN B. ACH .-~~_~
DATE:
DECEMBER 27, 1994
SUBJECT: COMPREHENSIVE LAND USE PLAN
AMENDMENT AND REZONING
REQUEST BY TOM AND SARA
HARTMAN/GUARDIAN ANGELS OF
ELK RIVER, INC.
The applicants are requesting:
A Comprehensive Land Use Plan Amendment, changing the land use
from MR (Medium Density Residential) to HB (Highway Business);
and,
Rezonlng from Rlc (Single Family Residential) and R2b (Two Family
Residential)/MR (Medium Density Residential).
ATTACHMENTS
Location Map, Zoning Map, Land Use Plan Map, map illustrating commercial
areas, sketch drawing of subject property.
OVERVIEW
As Phase II of the Western Area improvement project continues to move west
towards the County Courthouse and north of Highway 10, development
interest has begun to emerge. In anticipation of the upcoming year's
development activity in this area, planning efforts including land use
decisions, storm water management, sewer and water alignments and
transportation routes have begun to be examined.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
By concentrating the commercial at these identified intersections, there is
less of a chance that the residential areas, both north and south of U.S.
Highway 10, will notice much of a traffic impact associated with the
commercial development. The frontage road itself also assists in creating a
strong physical separation between the commercial and residential land uses.
Lastly, buffering with landscaping/fencing or other treatment can add the
final touches in transitioning from a commercial to a single family land use.
.C3 ZONrING DISTRICT
The request by the applicants is a reasonable request which can be supported
by staff. However, the C3 zoning district is the most intense commercial
district and allows a wide variety of uses. Given the location and overall size
of this commercial area (3 - 4 acres), the ideal commercial zoning would be of
a neighborhood or community-type commercial. Under this scenario, the
allowable uses may not be as wide ranging as they are in the C3, yet allow a
full range of service and limited-type retail activity to serve the immediate
area. The creation of this type of zoning district may be a recommendation
that comes out of the Steering Committee as part of the Comprehensive Plan
update.
.A_REA TO BE REZONED
The precise legal description of the area to be rezoned has not been
determined because the exact alignment of the frontage road has not been
finalized. However, it is anticipated that the frontage road will not deviate
significantly from the alignment shown on the attached illustration.
~RECOM'MENDATION
It is recommended that the Planning Commission recommend the following:
A. Approval of the Land Use Plan Amendment from MR (Medium Density
Residential) to HB (Highway Business), and approving the rezoning
from Rlc (Single Family Residential) and R2b (Two Family
Residential) to C3 (Highway Commercial), based on the following:
1. The proposed frontage road creates a natural area that would be
best used as commercial.
The change in land use and zoning will not have a detrimental
affect on surrounding properties.
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185TH AVENUE
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