7.16. SR 07-15-1996I~E~4 ?o ~6o
City of
iver
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Mayor & City Council ~
Scott Harlicker, Planning Assistan
July 15, 1996
Request by City of Elk River for Rezoning,
Public Hearing Case # ZC 96-10
Request
Consider a request by the City of Elk River to rezone approximately 60 acres of
the east half of the northeast quarter of Section 14 lying north of Highway 10
and south of 165th Avenue from Rla (Single Family Residential) to I1 (Light
Industrial).
Attachments
Report to Planning Commission dated June 25, 1996
Location map
Zoning map
Map of Cargill property
Map of Cargill property included in the conditional use permit for a feedlot
Overview
This rezoning request was tabled because of concern about the impacts on the
Cargill Animal Nutrition Center. The rezoning will affect a portion of the
property that was included in the Conditional Use Permit granted in May 1995
for the operation of a feedlot. The 60 acres of Cargill's property affected by the
rezoning is a field and contains a caretakers residence, the actual research
facility is not affected by this rezoning and it is staffs opinion that the nutrition
center can continue operation as a conditional use, at the current location, under
the conditional use permit that was issued in 1995.
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
changed is warranted. With this proposed rezoning, the times and circumstances
have changed in that the Comprehensive Plan has been updated and the land
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
have changed in that the Comprehensive Plan has been updated and the land
use designation of the area under consideration for rezoning has been changed to
LI (Light Industrial). Also, as part of this update, the City recognized the need to
increase industrial opportunity in the City and identified this area to help
address that need. The urban service area has also been expanded to include
this area.
Planning Commission meeting
At the Planning Commission meeting held on June 25, 1996, Cargill spoke at
the public hearing in favor of the rezoning provided that animal, nutrition and
agricultural research was included as a conditional use in the I1 zoning district.
Prior to hearing this item, the Planning Commission had voted to recommend
that animal, nutrition and agricultural research be included as a conditional use
in the 11 zone.
Recommendation
The Planning Commission and staff recommend that the City Council approve
Ordinance No. 96- rezoning certain properties from Rla (Single Family
Residential) to I1 (Light Industrial) based on the following:
The rezoning is consistent with the Comprehensive Land Use Plan
designation of LI (Light Industrial)
Times and conditions have changed to warrant an extension of industrial
development opportunities along Highway 169.
o
The proposed rezoning is consistent with the recent expansion of the
urban service area and the concept of providing industrial land within
the urban service area.
The property is located along 165th Avenue, which is classified as a
collector, and Highway 10, which is classified a major arterial, providing
for adequate transportation needs required for industrial development.
dity of
E
iver
TO:
FROM:
DATE:
SUBJECT:
ITEM 5.8.
MEMORANDUM
Planning Commission
Scott Harlicker, Assistant Planner
June 25, 199~.
City of Elk River Request for Zone Change
from Rla (Single Family Residential) to
Il(Light Industrial) Public Hearing
Case No. ZC 96-10
Request
Consider a request by the City of Elk River to rezone approximately 60 acres of
the east half of the northeast quarter of Section 14 lying north of Highway 10
and south of 165th Avenue from Rla (Single Family Residential) to 11 (Light
Industrial).
Overview
This rezoning request was tabled because of concern about the impacts on the
Cargill Animal Nutrition Center. The rezoning will affect a portion of the
property that was included in the Conditional Use Permit granted m May 1995
for the operation of a feedlot. The 60 acres of Cargill's property affected by the
rezoning is a field and contains a caretakers residence, the actual research
faciliW is not affected by this rezonmg and it is staff's opinion that the nutrition
center can continue operation as a conditional use, at the current location, under
the conditional use permit that was issued in 1995.
In a related matter, there has been discussion about how accurately feecUot
describes the actual operation of the nutrition center. To address that issue staff
is working with Cargill in drafting a new definition, ~nimal nutrition and
agricultural research, which will better describe the operations of the Cargill
Animal Nutrition Center. It is intended to be included as a conditional use in
the A1 (Agricultural Conservation) and Rla (Single Family Residential) zones.
13065 Orono Parkway · P.O. Box 490 ° Elk River, MN 55330 ° (612) 441-7420 · Fax: (612) 441-7425
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
changed is warranted. With this proposed rezoning, the times and circumstances
have changed in that the Comprehensive Plan has been updated and the land
use designation of the area under consideration for rezoning has been changed
to LI (Light Industrial) Also as part of this update, the City recognized the need
to increase industrial opportunity in the City and identified this area to help
address that need. The urban service area has also been expanded to include
this area.
Recommendation
It is recommended that the Planning Commission recommend approval of the
proposed rezoning from Rla (Single Family Residential) to I1 (Light Industrial)
based on the following:
The rezoning is consistent with the Comprehensive Land Use Plan
designation of LI (Light Industrial)
o
Times and conditions have changed to warrant an extension of industrial
development opportunities along Highway 169.
o
The proposed rezoning is consistent with the recent expansion of the
urban service area and the concept of providing industrial land within
the urban service area.
o
The property is located along 165th Avenue, which is classified as a
collector, and Highway 10, which is classified a major arterial, providing
for adequate transportation needs required for industrial development.
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City of
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13065 Orono Parkway · P.O. Box 490
Elk River, MN 55330
ZONING
MAP
CASE:
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vet
TO:
FROM:
DATE:
ITEM 3.4.
MAYOR AND CITY COUNCIL
STEPHEN ROHLF, BUILDING & ZONING
ADMINISTRATOR
SUBJECT:
PARK DEDICATION FOR THE PLAT OF
MISSISSIPPI OAKS
At their June 9, 1993, meeting the Elk River Park and
Recreation Commission reconsidered park dedication for the plat
of Mississippi Oaks. The new recommendation is as follows:
TRAIL
A 20 FOOT WIDE TRAIL CORRIDOR FROM THE TRAIL IN THE
SOUTHEAST CORNER OF THE PLAT OF HERITAGE LANDING TO
THE RIGHT-OF-WAY OF RIVERVIEW DRIVE IN PALMERS IST
ADDITION IS DEDICATED IN THE 1ST PHASE OF MISSISSIPPI
OAKS o
THIS TRAIL WILL CONTINUE iN FUTURE PHASES OF
MISSISSIPPI OAKS VIA A 20 FOOT WIDE TRAIL FROM
RIVERVIEW DRIVE EASTWARD TO THE RIGHT-OF-WAY OF THE
FUTURE CONCORD STREET.
FROM THERE, THIS TRAIL WILL CONTIA~E NORTHEASTErlY TO
INTERSECT COUNTY ROAD 30, CONSTRUCTED WITHIN A 70
FOOT WIDE RIGHT-OF-WAY DEDICATED FOR CONCORD STREET
IN FUTURE PHASES.
A 20 FOOT WIDE TRAIL EXTENSION FROM CONCORD STREET
WOULD PASS BETWEEN LOTS IN A FUTURE PHASE' TO
INTERSECT THE EASTERN BOUNDARY OF THE MOLDENF~URER
PROPERTY IN THE LOCATION OF THE NORTHERN FLOODPLAIN
AREA INCLUDED IN THE PLAT.
PARK
ONE ACRE OF THE NORTHERN PORTION OF THE FLOODPLAIN
INCLUDED IN THE PLAT BE DEDICATED AS PARK IN A FUTURE
PHASE, IF A SEDIMENTATION POND IS NOT SITUATED IN
THIS LOCATION.
LOTS 1, 2, 3, AND 4, BLOCK 2, PHASE 2, AS iDENTIFIED
ON THE PRELIMINARY PLAT BE DEDICATED AS PARK DURING
THE FIRST PHASE.
If the Council accepts the Park and Recreation Commission's
revised recommendation, 1.29 acres of park and .12 acres of
trail would be dedicated during the first phase of Mississippi
Oaks, for a total of 1.41 acres. The first phase of
Mississippi Oaks contains 16.9 acres. Land dedicated with the
P.O. Box 490 · 13065 Orono Parkway · Elk River. MN 55330 · (612) 441-7420 ° Fax: (612) 441-7425
ippi Oaks
June 29, 1993
,~ark Dedication Page 2
first phase of this plat would be 83.43% of the total possible
dedication. The $400.00 per lot park dedication fee would be
reduced by the same percentage, down to $66.28 per lot. The
total cash park dedication for the 36 additional lots created
in the first phase would be $2,386.00.
The developer does not wish to dedicate Lot 4, Block 2, Phase
2, as recommended by the Park and Recreation Commission. If
the Council eliminates this lot from park dedication, $4,857.00
in park dedication fees for the first phase is required.
~Ci=y Council ~£nu=es
July 6, 1993
Page 3
LaTour Construction at $258,595.40, Terry Maurer recommended that the
Council award the bid to LaTour Construction following resolution of
plat concerns relating to Letter of Credit, Developers Agreement, and
the plat being recorded.
COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 93-32, A RESOLUTION
ACCEPTING BID ~{D AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF
CHERRYHILL BLUFFS SECOND ADDITION IMPROVEMENT OF 1993 CONTINGENT UPON
THE PLAT ISSUES BEING RESOLVED. COUNCIL~EMBER HCLMGREN SECONDED THE
MOTION. THE MOTION CARRIED 4-0.
3.3. Bid Award MississiPPi Oaks
Terry Maurer stated that the City received eight bids for Mississippi
Oaks Phase I improvement. He indicated that the low bid was received
from LaTour Construction at $250,550.05. Terry Maurer recommended
authorizing the bid to LaTour Const.--uction following resolution of the
plat issue~, being resolved including Letter of Credit, Deve!oDers
Agreement, and the plat being recorded. '
COUNCiLM~MBER FARBER MOVED TO ADOPT RESOLUTION 93-33, A RESOLUTION
ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE FATTER OF
MISSISSIPPI OAKS PHASE I IMPROVEMENT OF 1993, CONTINGENT UPON PLAT
I$SUE-$ BEING RESOLVED. COUNCILME~ER HOLMGREN SECONDED TH~ MOTION.
THE MOTION CARRIED 4-0.
3.4. Park Dedication for the Plat of Mississimui Oaks
Dave Anderson, Park and Recreation Commission representative, indicated
that the Park and Recreation Commission recommended the dedication of a
20 foot wide trail corridor from the trail in the southeast corner of
the plat of Heritage Landing to the right-of-way of Riverview Drive in
Pa!mer's First Addition, with the trail to continue in future phase~ ' of
Mississippi. Oaks from Riverview Drive east to the right-of-way of the
future Concord Street. Dave Anderson indicated that the Park and
Recreation Commission also recommended that one acre of the northern
portion of the floodplain included in the plat be dedicated as park in
a future phase and that Lots 1, 2, 3, and 4,~ Phase 2, be dedicated as
park during the first phase.
Gordon and Irv Moldenhauer both stated that they offered three lots,
Lots 1, 2, and 3, of Block 2, to the Park and Recreation Commission,
however, the Park and Recreation Commission re.c~ested four lots. He
stated that Lots 1, 2, and 3, e_=ua! at least an acre of land and the
rough lot puts the amount well over one acre of land.
Counci!member Schee! indicated that the Council should take into
consideration the portion of the f!oodDlain land which is being
donated. '
Irv and Gordon Mo!denhauer both indicated
dedicating Lot 4 of Block 2 as park prcper~y.
they a = oPPosed to
Specia! CiTy Council Minu~es
July 6, 1993
.:age 4
Councilmember Scheel informed :he Council fha: she has a problem with
the amount of land the developers are required to give to the City.
COUNCIII~EMBER HOLMGREN MOVED TO ACCEPT TH~ RECOM}{ENDATION MADE ~ T~iE
PARK AND RECREATION COMMISSION REGARDING TFfE PARK DZDICATION FOR THE
PLAT OF MISSISSIppi OAKS AS FOLLOWS:
T_RA!L
1.A 20 FOOT WIDE TRAIL CORRIDOR FROM THE TRAIL IN THE SOUTHEAST
CORNER OR THE PLAT OF ~RITAGE LANDING TO THE RIGHT-OF-WAY OF
RIVERVIEW DR~VE IN PALMERS FIRST ADDITION IS DEDICATED IN THE
FIRST PHASE oF MISSISSIPPI OAKS.
2. THIS TRAIL WILL CONTINUE IN FUTURE PHASES OF MISSISSIPPI OAKS VIA
A 20 FOOT WIDE T-RAIL FROM RIVERVIEW DRIVE EASTWARD TO T~
RiGHT-OF-WAY OF THE FUTURE CONCORD STREET.
3. FROM THERE, THIS TRAIL WILL CONTINUE NORTF-EASTERLY TO INTERSECT
COUNTY ROAD 30, CONSTRUCTED WITHIN A 70 FOOT WIDE RIGHT-OF-WAY
DEDICATED FOR CONCORD STREET IN FUTURE PHASEs.
4. A 20 FOOT WIDE TRAIL EXTENSION FROM CONCORD STREET WOULD PASS
BETWEEN LOTS IN A' FUTURE PHASE TO INTERSECT THE EASTERN BOUNDARy
OF T~ MOLDENF~UER' PROPERTY IN THE LOCATION OF ~ NORTHERN
FLOODPLAIN AREA INCLUDED IN THE PLAT.
PARK
ONE ACRE OF THE NORTHERN PORTION OF THE FLOODPLAIN INCLUDED iN THE
PLAT BE DEDICATED AS PARK IN A FUTU~ PHASE, IF A SEDIMENTATION
POND IS NOT
SITUATED IN THIS LOCATION AND TS~ REST OF ~r~
FLOODPLAIN BEING PROTECTED ~y THE DEVELOPER THROUGH A RESTRICTIVE
COVENANCE.
2. LOTS 1, 2, 3, AND 4, PHASE 2, AS IDENTIFIED ON THE PRELIMINARy
PLAT BE DEDICATED AS PARK DURING T.~ FIRST PHASE.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 3-1
Counci!member Scheel opposed. .
Steve Rohlf info~-med the developers that $2,386 in Park Dedication Fees
will be required for phase one in addition to the land dedication.
CounciLmember Farber stated that he felt that 1.29 Dcres which is being
donated by the plat of Mississippi Oaks is a compromise from the
original reques~ of 4 to 5 acres. ~
3.5. Discussion~a Driveway in the Plat of Robinsda!e
= . ~=~=, =ne Council direc-e~ ~-~ ~ .... ~=w o= the lat
=rlveway for one ~ =~ ~ ? ...... o research the ~ ..... P of
~ulca~ec that the County En~neo-~-- =o~.ng onto Meadowva!e Road. He
' = ...... ~9 ue~ar~men~ did not change their