5.6. SR 03-18-1996ITEM 5~-
ity of
iver
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor & City Council
Scott Harlicke~
March 18, 1996
Request by City of Elk River for Rezoning,
Public hearing Case #ZC 96-5
Request
The City of Elk River is initiating this rezoning from Rla (Single Family
Residential) to Rle (Single Family Residential).
Location
The properties under consideration for rezoning consist of about 1000 acres,
located in an area bounded by Sherburne Co. Road 13 to the north, Sherburne
Co. Road 12 to the south, Cleveland Street on the east and Tyler Street on the
west.
Zoning/Land Use.
Rla (Single Family Residential) /MR (Medium Density Residential)
Attachments
Ordinance No. 96-
Report to the Planning Commission dated February 27, 1996
Background
The City is proposing an amendment to the zoning ordinance relating to
dimensional regulations for the Rle zoning district. The amendment will change
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
the minimum lot size from 20,000 square feet to 12,000 square feet. The 12,000
square foot minimum lot size will become effective when sewer and water
become available. Until municipal services are available, the minimum lot will
be 10 acres.
The surrounding land uses are for the most part low intensity and similar in
nature. They include scattered single family residential, farms and vacant land.
Sunset Ridge is a 24 lot subdivision located adjacent to the northern portion of
the area under consideration for rezoning but is not included in the rezoning
request.
The physical characteristics of the area are diverse. Trott Brook traverses the
area from north to south. There are substantial wetlands associated with the
brook as well as a flood plain area. Topography ranges from the low wetlands to
the higher hills and ridges in the northeast. Vegetation includes tillable
farmland, wetland plants, upland hardwoods and lowland scrub trees and
brush.
Planning Commission Meeting
At the February 27, 1996 Planning Commission meeting, the Commission
approved the rezoning request. Several property owners spoke at the public
hearing. One property owner questioned the impact of the rezoning on the value
of his property and another requested clarification about the impact on her
property and what type of development would be allowed under the proposed
rezoning. A potential developer of property included in the rezoning spoke out
against the rezoning. He is in the process of negotiating to purchase
approximately 200 acres to be developed as a mixed residential PUD.
Recommendation
It is recommended that the City Council approve Ordinance 96- rezoning
certain property from Rla Single Family Residential) to Rle (Single Family
Residential) based on the following:
The proposed rezoning will be consistent with the Comprehensive Land
Use Plan designation of MR (Medium Density Residential).
The proposed rezoning is compatible with the adjacent land uses and
zoning.
The proposed rezoning will be consistent with the recent expansion of
the urban service area and is reflective of the residential density
usually associated with municipal services.
s:\planning\scott\zc96-5cc.doc
ORDINANCE 96 -
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE CITY OF ELK RIVER
ZONING MAP TO REZONE CERTAIN PROPERTY FROM
R1A (SINGLE FAMILY RESIDENTIAL)
TO R1E (SINGLE FAMILY RESIDENTIAL)
CASE NO. ZC 96 - 5
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 18th day of March, 1996, by the City Council of the
City of Elk River.
ATTEST:
Henry A. Duitsman, Mayor
Sandra A. Thackeray, City Clerk
s:Xdocument\ordinanc\zc96-5.doc
City of
7.9.
'ver
MEMORANDUM
TO:
FROM:
DATE:
Planning Commission
Harlicker, Planning Assistan~'''~ /
Scott
February 27, 1996
SUBJECT:
Request for Rezoning by the
City of Elk River (Area #7), Public
Hearing Case No. ZC 96-5
Request
The City of Elk River is initiating this rezoning from Rla (Single Family
Residential) to Rle (Single Family Residential).
Location
The properties under consideration for rezoning consist of about 1000 acres,
located in an area bounded by Sherburne Co. Road 13 to the north, Sherburne
Co. Road 12 to the south, Cleveland Street on the east and Tyler Street on the
west.
Zoning/Land Use
Rla (Single Family Residential) / MR (Medium Density Residential)
Attachments
· Zoning Map
· Land Use Map
· Wetland Map
Existing Conditions
The approximately 1000 acres are currently zoned Rla (Single Family
Residential) and the land use designation is MR (Medium Density
Residential). The adjoining zoning and land use designations are as follows:
North- Rla (Single Family Residential); LR (Low Density Residential)
South - Rla (Single Family Residential); LR (Low Density Residential)
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Memo to Planning Commission Page 2
ZC 96-5
February 27, 1996
East - Rla (Single Family Residential); LR (Low Density Residential)
West- Rlc (Single Family Residential); MR (Medium Density Residential and
LI (Light Industrial)
The surrounding land uses are for the most part very low intensity and similar
in nature. They consist of vacant land, farmland and the homesteads associated
with the farms, and scattered single family residences. Sunset Ridge
subdivision, a 24 lot single family residential subdivision, is located adjacent to
northern portion of the area under consideration for rezoning but is not included
in the rezoning request.
The physical characteristics of the area are diverse. Trott Brook traverses the
middle of the area. Associated with the brook are the flood plain and wetlands.
The western part of the area is marked by scattered smaller wetlands.
Topography ranges from the lowlands associated with the brook and wetlands
to the higher hills and ridges located in the northeast portion. Vegetation
includes tillable farmland, lowland scrub trees and brush, wetland plants and
upland hardwoods.
Background
The City is proposing an amendment to the zoning ordinance relating to
dimensional regulations for the Rle zoning district. The amendment will change
the minimum lot size from 20,000 square feet to 12,000 square feet. The 12,000
square foot minimum lot size will become effective when sewer and water
become available. Until municipal services are available, the minimum lot will
be 10 acres.
The City recently expanded the boundaries of the urban service area to include
this area that is being considered for rezoning. The lot sizes allowed under the
proposed Rle zoning district reflect the urban density residential development
made possible in areas that have municipal sewer and
water.
The City initiated this rezoning request so that the zoning would be consistent
with the land use designation of MR (Medium Density Residential). The land
use designation of this area was recently changed from LR (Low Density
Residential) as part of the recent update of the Comprehensive Plan. 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.
s:\planning\scott\zc96-5.doc
Memo to Planning Commission
ZC 96-5
February 27, 1996
Evaluation of Request
Page 3
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 updated land use plan designated this area as MR
(Medium Density Residential). The proposed rezoning to Rle (Single Family
Residential) is consistent with that revised land use designation, 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 use to which the property
affected is being devoted at the time and the relevant portions of the land use
plan.
This proposed rezoning should not have an adverse impact on the adjacent
properties. This rezoning would be consistent with other residential areas of the
City that are within the urban service area and would be compatible with the
adjacent Rla zone to the north, south and east as well as the current Rlc zone to
the west.
Recommendation
Staff can recommend approval of the proposed rezoning from Rla (Single Family
Residential) to Rle (Single Family Residential) based on the following:
The proposed rezoning will be consistent with the Comprehensive Land
Use Plan designation of MR (Medium Density Residential).
The proposed rezoning is compatible with the adjacent land uses and
zoning.
The proposed rezoning will be consistent with the recent expansion of
the urban service area and is reflective of the residential density
usually associated with municipal services.
s:\planning\scott\zc96-5.doc
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