5.9. SR 03-18-1996~ity of
iver
MEMORANDUM
ITEM 5.9.
TO:
FROM:
DATE:
SUBJECT:
Mayor & City Council
Scott Harlicker ~/~
March 18, 1996
Request by City of Elk River for Rezoning,
Public Hearing Case #ZC 96-8
Request
The City of Elk River is initiating this rezoning from Rla (Single Family
Residential) to Rle (Single Family Residential).
Location
The property is bounded by 167th Avenue on the north, the Oliver Kelly Farm to
the south, the Mississippi River on the west and a line approximately 300 feet
west of Highway 10 on the east.
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
This rezoning request is being presented as a result of recent changes to the
land use plan which were part of the Comprehensive Plan update. The City is
also 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
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
minimum lot size will be applied when sewer and water become available. Until
municipal services are available, the minimum lot size will be 10 acres.
Surrounding land uses include single family residential and mixed highway
commercial to the north, the Kelly Farm to the south and undeveloped land and
Highway 10 to the east.
The property is owned by the Specht family and is currently used as farmland.
They also operate a bus company from the property and they use part of the
property for storing their buses. The operation of a bus company is a non-
conforming use in the existing zone and will remain a non-conforming use in
the proposed Rle zone.
Planning Commission Meeting
At the February 27, 1996 Planning Commission meeting, the Commission
reviewed and approved the rezoning request from Rla (Single Family
Residential) to Rle (Single Family Residential)
Recommendation
It is recommended that the City Council approve Ordinance No. 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.
o
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 -8cc.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 - $
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:\document\ordinanc\zc96-8.doc
T~I~I 7.12.
' ;ity of
E
River
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning Commission
A
Harlicker, Planning Assistan~
Scott
February 27, 1996
City of Elk River Request for Rezoning
(Area #10), Public Hearing Case No.
ZC 96-8
Request
The City of Elk River is initiating this rezoning from Rla (Single Family
Residential) to Rle Single Family Residential).
Location.
The property under consideration for rezoning consists of approximately 180
acres, bounded on the north by 167th Avenue, the Oliver Kelley Farm on the
south, the Mississippi River on the west and a line 300 feet west of Highway 10
on the east.
Attachments
· Zoning Map
· Land Use Map
Existing Conditions
The approximately 180 acres is 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)
East- Rla (Single Family Residential) and C3 (Highway Commercial); LI (Light
Industrial) and CC (Community Commercial)
West- Mississippi River
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Memo to Planning Commission Page 2
Case No. ZC 96-8
February 27, 1996
The surrounding land use are diverse. To the north is mixed highway
commercial uses along Highway 10 and single family residential along Yale
Street. To the south is the Oliver Kelley Farm and historic site. To the east is
undeveloped land and Highway 10 and to the west is the Mississippi River.
The land under consideration for rezoning is part of the Specht farm. Most of the
land is undeveloped and is used as farm land. The residence on the property is
the homestead for the farm. The Specht's operate a bus company from the
property and they use part of the property near the homestead for storing their
buses. The operation of a bus company is a non-conforming use in the existing
Rla zone and will remain a non-conforming use in the proposed Rle zone.
The property is level except along the river where it drops down to the water.
The vegetation is a mix of mature evergreens planted to form windbreaks with
scattered areas of hardwood trees. Most of the area is farmland.
Background
The City is proposing an amendment 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 be applied when sewer and water become
available. Until municipal sewer and water are available, the minimum lot size
will be 10
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.
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.
s:\planning\scott\zc96-8.doc
Memo to Planning Commission Page 3
Case No. ZC 96-8
February 27, 1996
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, and the commercial uses along
Highway 10.
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).
e
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\zc96-8.doc
I
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City of
13065 Orono Parkway · P.O. Box 490
Elk River, MN 55330
ZONING
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CASE:
ZC 96 - 8
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City of
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13065 Orono Parkway · RO. Box 490
Elk River, MN 55330
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CASE:
ZC 96 - 8
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