5.10. SR 03-18-1996'ity of
iver
ITEM 5.10.
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor & City Council
Scott Harlicke '~t ....
March 18, 1996
Request by City of Elk River for Rezoning,
Public Hearing Case #ZC 96-9
Request
The City of Elk River is initiating this rezoning from Rla (Single Family
Residential) and C3 (Highway Commercial) to BP (Business Park).
Location
The area under consideration for rezoning is bounded by 167th Avenue on the
north, the Oliver Kelly Farm on the south, Highway 10 on the east and a line
about 300 feet west of Highway 10 on the west.
Zoning/Land Use
Rla (Single family Residential) and C3 (Highway Commercial) / CC (Community
Commercial) and LI (Light Industrial)
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 area
under consideration for rezoning is a level undeveloped stretch of land extending
approximately 300 feet west of Highway 10 between 167th Avenue and the Kelly
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Farm. Most of the surrounding land is undeveloped; to the north is a RV sales
business and the Elk River Resource Recycling Center is located to the east near
the intersection of Highway 10 and 165th Avenue.
Planning Commission Meeting
At the February 27, 1996 Planning Commission meeting, the Commission
reviewed and recommended approval of the rezoning request from Rla (Single
Family Residential) and C3 (Highway Commercial) to BP (Business Park).
Recommendation
It is recommended that the City Council approve Ordinance No. 96-
rezoning certain property from Rla (Single Family Residential) and C3
(Highway Commercial) to BP (Business Park) based on the following:
The proposed rezoning is consistent with the Comprehensive Land Use
Plan designation of LI (Light Industrial) and CC (Community
Commercial).
The proposed rezoning is compatible with the adjacent land uses and
zoning.
o
The proposed rezoning is consistent with the recent expansion of the
urban service area and the concept of providing business park land
within the urban service area.
s:\plannin gkscott\zc96-9cc.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 BP (BUSINESS PARK)
CASE NO. ZC 96 - 9
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 lSth 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\ordinancXzc96-9.doc
I'I']~2~ 7.13.
~ '~ty of
'vet
TO:
FROM:
DATE:
MEMORANDUM
Planning Commission
Scott Harlicker, Planning Assistan~~ ....
February 27, 1996
SUBJECT:
City of Elk River Request for Rezoning,
(Area #11), Public Hearing Case No.
ZC 96-9
Request
The City of Elk River is initiating this rezoning from Rla (Single Family
Residential) and C3 (Highway Commercial) to BP (Business Park).
Location
The property under consideration for rezoning consists of about 35 acres,
bounded by 167th Avenue on the north, the Oliver Kelly Farm on the south,
Highway 10 on the east and a line approximately 300 feet west of Highway 10
on the west.
Attachments
· Zoning Map
· Land Use Map
· Steering Committee Minutes dated June 15, 1995
Existing Conditions
The approximately 35 acres are currently zoned C3 (Highway Commercial) and
Rla (Single Family Residential). The northern half of the area under
consideration is zoned C3 and the southern half is zoned Rla. The land use
designation is also mixed. The northern one-third and southern one-third are LI
(Light Industrial) and the middle third is CC (Community Business). The
adjoining zoning and land use designations are as follows:
North - C3 (Highway Commercial); HB (Highway Business)
South - Rla (Single Family Residential); OS (Open Space)
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 96-9
February 27, 1996
East - C3 (Highway Commercial), I1 (Light Industrial) and Rla (Single Family
Residential); HB (Highway Business) and LI (Light Industrial)
West - Rla (Single Family Residential); MR (Medium Density Residential)
The surrounding land uses are mainly undeveloped land and farm land. To the
north is a RV sales business; to the south is the Oliver Kelly Farm; to the west is
farm land and to the east is Highway 10 and undeveloped land. The Elk River
Resource Recycling Center is at the intersection of Highway 10 and 165th
Avenue.
The area under consideration for rezoning is a level, undeveloped stretch of land
extending 300 west of Highway 10 between the Kelly Farm and 167th Avenue.
There is little vegetation on the property; it is mostly farm land with scattered
groupings of mature pine trees. There are several billboards located on the
property adjacent to Highway 10.
Background
This area was the subject of discussion by the Steering Committee during the
recent Comprehensive Plan update. At their June 15, 1995 meeting, the
Steering Committee recommended the zoning be changed from C3 (Highway
Commercial) and Rla (Single Family Residential) to BP (Business Park). This
area was also included in the recent revisions to the Land Use Map. The land
use designation was changed from LR (Low Density Residential) to LI (Light
Industrial) and CC (Community Commercial).
The City initiated this rezoning request so that the zoning would be consistent
with the land use designation of LI (Light Industrial) and CC (Community
Commercial). This rezoning request is part of a larger process that the City is
undertaking to rezone certain areas so that they are consistent with the recent
revisions to the Land Use Map.
The City recently expanded the boundaries of the urban service area to include
this area that is being considered for rezoning. The type of uses allowed under
the proposed BP zoning district reflects the type of development made possible in
areas that have municipal sewer and water.
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\zc96-9.doc
Memo to Planning Commission Page 3
Case No. ZC 96-9
February 27, 1996
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 LI (Light
Industrial) and CC (Community Commercial). The proposed rezoning to BP
(Business Park) 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 to 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. The rezoning is also consistent with the concept of providing business
park land within the urban service area.
Recommendation
Staff can recommend approval of the proposed rezoning from C3 (Highway
Commercial) and Rla (Single Family Residential) to BP (Business Park) based
on the following:
The proposed rezoning is consistent with the Comprehensive Land Use
Plan designation of LI (Light Industrial) and CC (Community
Commercial).
e
The proposed rezoning is compatible with the adjacent land uses and
zoning.
The proposed rezoning is consistent with the recent expansion of the
urban service area and the concept of providing business park land
within the urban service area.
s:\planning\scott\zc96-9.doc
~ ZONING
,,~,,, ~ . MAP
EIE~I IR~ver
13065 Orono e~kway. P.O. Box 490 CASE:ZC 96 - 9
Elk ~ivcr, MN 55330
LI
LI
IF
City of
River
13065 Orono Parkway · P.O. Box 490
Elk River, MN 55330
LAND USE
MAP
CASE: ZC 96 - 9
Steering Committee Minutes Page 3
June 15, 1995
Southwest comer of Highway 169 and Main Street (Ead Hohlen property) -
rezone to C3; amend land use to HB
Exhibit L
East Highway 10 frontage - Specht property - presently zone Rla - rezone to I-1
CHRIS KREGER MOVED THAT THE STEERING COMMITTEE RECOMMEND AMENDING
THE LAND USE FOR THE PARCELS OUTLINED ON EXHIBIT "M"BY CHANGING IT TO
LIGHT INDUSTRIAL. ON EACH END AND HIGHWAY BUSINESS IN THE CENTER, CITING
THAT THE 165TH AVENUE INTERSECTION MAY BE SIGNALIZED IN THE FUTURE AND IT
WOULD BE LOGICAL TO LOCATE COMMERCIAL ACTIVITY CLOSEST TO THE
INTERSECTION; AND, THAT THE ENTIRE AREA BE REZONED TO BUSINESS PARK. MARY
EBERLEY SECONDED THE MOTION.
Discussion followed regarding preservation of open land next to the Kelley Farm
and not allow development dght next to the entrance.
MARLY GLINES MOVED THAT THE MOTION BE AMENDED TO INCLUDE A MINIMUM
OF 300' OF OPEN SPACE ADJACENT TO THE KELLEY FARM ENTRANCE. DAVE
ANDERSON SECONDED THE MOTION TO AMEND. THE MOTION CARRIED 11-1.
CHRIS KREGER OPPOSED.
THE MOTION AS AMENDED CARRIED 12-0.
Consider the Cenfral Business Disfricf (Downtown)
Chair Minton commented on the Letter to the Editor written by Bill Rubin and
Jackie Schuelein, which listed ten ideas to keep Elk River's downtown as a focal
point.
The following is a summary of comments made by members of the Steedng
Committee and the public:
Arne Enqstrom
- suggested a specific area be designated as the "downtown", possibly a 3 - 4
square block area.
- Buildings be remodeled or restored to reflect an era of history such as the
1890's to 1920's.
- City's parking requirements be relaxed in downtown
Pat Dwyer
- suggested the possibility of easing off the building code requirements in older
buildings.
Chair Minton
- downtown is a valuable asset to community that could be lost if steps are not
taken to preserve it.
Bill Birrenkott
- requiring businesses to incorporate a theme may be an encumbrance.
Mary Eberley