5.2. SR 11-16-2009
REQUEST FOR ACTION
ToItem Number
City Council 5.2.
Agenda SectionMeeting DatePrepared by
Community DevelopmentNovember 16, 2009Jeremy Barnhart, Planning Manager
Item DescriptionReviewed by
Request by James Enright for Zone Change from C3 Highway Lori Johnson, City Administrator
Commercial to R4 Multiple Family Residential (Elk Motel,
13291 Highway 10), Public Hearing – Case No. ZC 09-02
Action Requested
The Planning Commission recommends that the Council rezone property at 13291 Highway 10 from C-3
(Highway Commercial) to R-4 (High Density Residential), subject to the amending of the land use plan
from Urban Residential to High Density Residential.
Summary
The owners of the Elk Motel on Highway 10 have approached the City, seeking to rezone their property
to allow the conversion of their 16-unit hotel into an 8-unit apartment building.
The owners feel that due to the access and lot dimensional constraints the site is no longer viable for
commercial property.
Should the appropriate land use regulations be approved, it was noted that the apartment would require
site plan approval.
Planning Commission Discussion
The Planning Commission was presented with three options:
1.…recommend approval of the zone change as requested by the property owner and initiate a
comprehensive plan amendment. The approval of the zone change would be subject to a land
use amendment changing the use from Urban Residential to High Density Residential.
2.… recommend that the Council initiate a land use amendment to change the land use from Urban
Residential to Community Commercial, to keep the existing zoning appropriate.
3.…recommend the property be rezoned from C-3 to R-1 or 2. This would be consistent with the
Land Use guidance, but inconsistent with the current use of the property and the owners intended
use of the property.
S:\PLANNING MAIN\Case Files\ZC\ZC 09-02 Enright\CC staff report 11-16-09.doc
Public Comment
A resident from the adjacent Guardian Angels development (to the west) expressed concerns with
additional traffic and noise associated with an apartment. It is noted that more productive use of the
property will increase traffic and noise.
Attachments
Staff eport to Planning Commission dated November 10, 2009
?
Action
Motion by Second by Vote _____
Follow Up
S:\PLANNING MAIN\Case Files\ZC\ZC 09-02 Enright\CC staff report 11-16-09.doc
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ever
REQUEST FOR ACTION
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Planning Commission 5.2.
Benda ecti®n e~t~n a~t~ r~pa~red ~
Planning Items November 10, 2009 Jeremy Barnhart, Planning Manager
~te~ escripti®n ev~ee b~
Request by James Enright for Zone Change from C3 Highway
Commercial to R4 Multiple Family Residential Elk Motel,
1329I Highway 10}, Public Hearing -- Case No. ZC 09-02
cti®n __eu~~~ed
The Planning Commission has three options:
1. They may recommend approval of the zone change as requested by the property owner and
initiate a comprehensive plan amendment. The approval of the zone change would be subject to
a land use amendment changing the use from Urban Residential to High Density Residential.
2. They may recommend that the Council initiate a land use amendment to change the land use
from Urban Residential to Community Commercial, to keep the existing zoning appropriate.
3. They may recommend the property be rezoned from ~3 to R ~ or 2. This would be consistent
with the Land Use guidance, but inconsistent with the current use of the property and the owners
intended use of the properCy.
a~ckraur~d
The property owner has approached the City to rezone their property f rom C~ 3 Highway Business to R 4
Multiple Family Residential. The property currently houses the "Elk Motel", The property owners wish
to convert the existing building into an apartment building,
It should be noted that if the City Council does approve the rezoning and appropriate land use
amendments, this is the first of manyformal reviews of the project. Additional reviews for the land use
amendment (public hearing) and site plan approval (assuming apartments) will be necessary.
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® Location Map
Applicant's Narrative
Case File: .'
Page 2
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pp~~ea~n~ James Enright
~~ u~~ The application has been deemed complete as of October 26,
200. The Citymust take action byDecember 26, 2009.
~u~~~ed chi®n Rezoning from G3 to R 4
~ca.~~~n and ~z~ Approximately 2.25 acres north o~ Highway ~0, south o~ Lake
Orono.
~ ~ca~~~a~n ~ x~s~in se ~ Land se ~~n esina.tr~n ~ urr~nt ~n~n
u b' a e~ 1 b unit hose 1 Urban Residential G 3
r®perty
®rth Lake Orono Lake Orono Lake Orono
®u~h Orono Park open Space/ High Den. Res, R Ic/ R 4
ast Bowling alley/ Urban Residential G3
sm, commerc~a
es~
Guardian .
Urban Residential
PUD
Angels
The property owner wishes to convert the existing 16 unit Elk Motel into an S-unit apartment
building. To do this, they have requested a zone change; an $-unit apartment building is a permitted
use in the R 4 zoning district.
p~~cab~e ~u~a~~~s
~~z ~°evie~vi~zg a~raposed a~ne~2d~ne~at, ca~a,~ide~ atia~2 shall be give~7 to e.~~isti~ag co~aditia~~s ~itl~i~a tl~e area dii°ectly a~~d
is2directly affected by the p~°o~osal, tl~e co~a,re~nvatio~a of prape~ y values, tl~e ~~se to ~I~ich the p~°ope~ y affected is bei~2~
devoted at tl~e tune, a~ad i°eleva~2t~~°avisio~as, if a~~~, i~a the la~zd 1~se pld~a.
The land use plan governs zoning in the City o~ Elk River. The zoning must be consistent with the
land use plan. If they are not, one must be changed.
nab sis
In researching the request, it was noted that the underlying land use as published in the
Comprehensive Plan is Urban Residential, which is consistent with one or two-f amily residential, but
not an apartment building.
To permit the use o~ the property as an apartment, two things must transpire:
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Case File;
Page 3
z'~~~icat~~~ ~~:~y~-
1, The land use must change Pram Urban Residential to High Density Residential,
2. The zoning must change f rom G 3 to R 4.
The review of the request raises important land use questions. If one were to site desired land uses,
in general several f actors are considered, In siting commercial uses, issues include visib' 'ty to high
volume highways, safe and efficient access to these highways, and appropriate size and configuration
for the desired use.
~n this case, the use of the property as a highway oriented hotel is nat longer profitable, due in part
to the access and lot configuration constraints. The property owners feel that the use of the
property as an apartment building ~a destination use would be a better use of the land.
From a global perspective, commercial land adjacent to the highway is a premium in the city, and
dif f icult to replace, especially within the built "core' of the community. Removal of property f rom
commercial to residential should be considered carefully.
r~r~s~r~a~t~~~
Part of the challenge to this property is the access. Currently, the property is accessed viw a
driveway west of the property, and another east of the property, This property has no direct access
onto Highway 10. This property is not expected to gain an individual access.
Due to the access constraints, destination uses appear to be :mare appropriate.
Ct~®~ Motion by Second by Voce
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Descriptian of Project Narrative (page ~)
1. Description/Scope of project. Convert existing 16 Unit Motel
into an 8 Unit apartment complex.
2. Reason for change- to Rezone from Res.frc Hstd comm to R4
Residential.
~~r~~~ ~~ ~ ~`~y
3. Economy/ Loss of business
4. Very compatible with existing surrounding residential
properties. Lake Orono apartments & Guardian Angels town
homes.
5. Benefit to city. Long term residents, support local merchants.
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