6.1. A. & B. SR 12-21-2009REQUEST FOR ACTION
To Item Number
Ci Council 6.1. A & B
Agenda Section Meeting Date Prepared by
Communi Develo ment December 21, 2009 erem Barnhart, AICP
Item Description Reviewed by
Request by James Enright for:
A. Land Use Amendment from Urban Residential to Reviewed by
High Density Residential (Elk Motel, 13291 Highway
10), Public Hearing -Case No. LU 09-02
B. Zone Change from C3 Highway Commercial to R4
Multiple Family Residential (Elk Motel, 13291 Highway
10), Public Hearing -Case No. ZC 09-02
Action Requested
Approval of two actions for property at 13291 Highway 10:
A. Land Use: Amend the Comprehensive Land Use Plan for the subject property from Urban
Residential to High Density Residential.
B. Zone Chance: Rezone property from C-3 (Highway Commercial) to R-4 (High Density Residential).
**Note: Approval of the Land Use Amendment must come prior to consideration of the Zoning
Amendment
Summary
The property owners have requested a land use amendment and rezoning of their property, currently
housing a 16-unit motel. The land use would change from UR to HDR, the zoning would change from
C-3 to R-4. This will allow them to convert the property to an 8 unit apartment building.
The City Council reviewed the concept land use amendment at their meeting on November 16. While
open to considering the change, the Council wanted to better understand the impact rezoning of the
hotel property would have on the larger bowling alley parcel.
At the Planning Commission meeting in November, one of public comments was a concern over
additional noise that an apartment building would generate over the hotel. Members of the Council felt
that an apartment building could have concern over new commercial with the noise and traffic.
After review of the proposed zoning and land use changes, staff recommends approval. The
configuration of the lot limits it to long narrow buildings, most likely suitable fox small offices, narrow
strip malls, or hotels. These same uses often are most successful with easy, efficient access. Access to the
property is via a drive and Highway 10 median break on the far west portion of the lot. While it is
S:\PLANNING MAIN\Case Files\LU\LU 09-02 Elk Motel\CC report 12-21-09.dce
thought that long term the access to this property will be consolidated with the access to the bowling alley
and other properties in the area. Access now or in the future is not efficient and would likely hamper
commercial development.
Changing the permissible land use for the subject property would not impede the ability to redevelop the
bowling alley site, or those adjacent parcels, should the owners of them desire to do so. Traffic to the
bowling alley site will enter through the current access off Highway 10. Commercial traffic is not
expected to drive past the proposed apartment building, other than traffic on Highway 10. While
additional noise and traffic is expected with the development of the bowling alley site, this is unavoidable,
and could be communicated to the owners of the apartment building.
Planning Commission Discussion
The Planning Commission reviewed the request, and had no concerns with the proposed changes, given
the constraints of the access and lot configuration. They had no interest in changing the bowling alley
site.
Public Comment
There was no comment on this issue at the Planning Commission meeting on December 8.
Attachments
• Staff Report to Planning Commission dated December 8.
Action Motion by Second by Vote
FOIIOW Up
S:\PLANNING MAIN\Case Files\LU\LU 09-02 Elk Motel\CC report 12-21-09.doc
./j
City of
El
River
REQUEST FOR ACTION
To
Plannin Commission Item Number
5.3.
Agenda Section Meeting Date Prepared by
Planning Items December 8, 2009 Jeremy Barnhart, Planning Manager
Item Description Reviewed by
Request by James Enright for Land Use Amendment from
Urban Residential to High DensityResidential (Elk Motel,
13291 hway 10), Public Hearing -Case No. LU 09-02
Action Requested
Amend the Comprehensive Land Use Plan for the subject property from Urban Residential to Nigh
Density Residential.
This will allow the property to be rezoned from G3 (I-iighway Commercial) to R 4 (High Density
Residential) and allow the existing 16-unit hotel to be converted to an 8-unit apartment building. Site
plan approval of the apartment conversion is not part of this request.
Background
The property owner has approached the City to rezone their property from G3 (I-highway Business) to R
4 (Multiple Family Residential). The Planning Commission and Council reviewed the rezoning request at
the November meetings. The need to amend the Comprehensive Plan was not noted prior to publishing
the public hearing, requiring additional meetings.
At the November 16, 2009 Council meeting, the three members present reviewed the rezoning request,
and two of the members felt the necessary changes were appropriate. However, the Council requested
further information regarding the redevelopability of the bowling alley and the other, smaller parcels
adjacent to the subject property.
It is important to note that an amendment to the Comprehensive Plan requires 4/5 vote of the Council
for approval.
Financial Impact
None
Attachments
. Location Map
Applicant's Narrative
Case File: LU 09-02
Page 2
General Information
Elk Motel
Land Use Amendment
UR to High Density Residential
A licant James Enright
60 Day RUIe The application has been deemed complete as of October 26,
2009. The City must take action by December 26, 2009.
Requested Action Land Use amendment from UR to HDR. Rezoning from C-3
to R-4
Location and Size Approximately 2.25 acres north of Highway 10, south of Lake
Orono.
Location Existing Use Land Use Plan Designation Current Zoning
SUbjeCt 16 unit hotel Urban Residential C-3
Property
North Lake Orono Lake Orono Lake Orono
SOUth Orono Park Open Space/ High Den. Res. R-1c/ R-4
East Bowling alley/ Urban Residential C-3
sm. commercial
West Guardian Urban Residential PUD
Angels
Overview
The property owner wishes to convert the existing 16-unit Elk Motel into an 8-unit apartment
building. To do this, they have requested a zone change; an 8-unit apartment building is a permitted
use in the R-4 zoning district.
Applicable Regulations
~e!-
In reviewing a proposed amendment, consideration shall be given to existing conditions within the area directly and
indirectly affected by the proposal, the conservation of proper y values, the use to which the properly affected is being
devoted at the time, and relevant provisions, if any, in the land use plan.
The land use plan governs zoning in the City of Elk River. The zoning must be consistent with the
land use plan. If they are not, one must be changed.
Analysis
The review of the request raises important land use questions. In siting commercial uses, generally
three main needs must be satisfied to afford strong commercial growth: 1) Visibility to adjacent
highways and traffic, 2) Access to these highways, and 3) Lot size and configuration for the desired
use.
S:\PLANNING MAIN\Case Files\LU\LU 09-02 Elk Motel\PC report 12-08-09.doc
Case File: LU 09-OZ Elk Motel
Page 3 Land Use Amendment
___________ UR to High Density Residential
From a global perspective, commercial land adjacent to the highway is a premium in the city, and
difficult to replace, especially within the built "core' of the community.
In the opinion of the property owner, the use of the property as ahighway-oriented hotel is no
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.
After analysis, Staff suggests that the use of the property as high density residential would be
appropriate. While excellent visibility is available, the other two principle needs of commercial
property (access, and space) are not available. The configuration of the lot limits the size of the
buildings, allowing primarily small, narrow buildings, and due to the access constraints, likely would
not encourage destination offices, hotels, and small strip malls. While these limitations do not
prohibit commercial development, they likely will limit the success of commercial endeavors.
With the lake views, there is great potential to create high quality apartment homes on the subject
property. Further, adjacent to the Guardian Angels facility to the west, the apartment building will
serve as a buffer from the future commercial development to the east.
It is important to note that with any increase in productivity of the Elk Motel site, noise and traffic
will increase, impacting the Guardian Angels facility to the west.
Transportation
Part of the challenge to this property is the access. Currently, the property is accessed via a driveway
west of the developable portion of the property. It is anticipated with the future development of the
adjacent parcels to the east, including the bowling alley, that access will be provided to the subject
property, likely via an easement.
Action Motion by Second by Vote
Follow Up
S:\PLANNING MAIN\Case Files\LU\LU 09-02 Elk Motel\PC report 12-08-09.doc
Description of Project Narrative (page 3)
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.
~~a r ~~ ~° vr~~5
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.
WV 6b 0£ OT 6002/SZ/OI '6nnp dey~ uoile~o~~ly6uu3 ZO-60 ~ZbZ\sap~ ase~~~NINNb'lld\S
Applicant
CASE # ZC 09-02
Enrightzone Change
November 16, 2009
1
Location Map
2
Zoning Map
3
Land Use Map
4
Options
Change C-3 to R-4, initiate
Change C-3 to R-4, initiate
•
•
LUA
LUA
Change C-3 to R-1, R-2,
Change C-3 to R-1, R-2,
•
•
keep LU
keep LU
Change LU to Comm
Change LU to Comm
•
•
Commercial, keep zoning
Commercial, keep zoning
5
Recommendation
Change C-3 to R-4, initiate
Change C-3 to R-4, initiate
•
•
LUA
LUA
6
~lG'.rtiiULc~-
CITE ®F ELF RIVER
R.ESGLUTIGN NG, 09~
A RE~GLUTIGNAMENDING TIDE CG~PREI~ENSI~"E PLAN
T® C~-IANGE THE LAND USE
FR®l~I URBAN RESIDENTIAL TD NIGH DENSITY RESIDENTIAL
Case No, LU 09802
'WHEREAS, Minnesota Statutes, Chapter 462.355, Subdivision 2, prescribes the procedure
for amending the Comprehensive Plan, and
'W~IEREA~, tl~e Planning Commission held a public hearing on December 8~h, 2009 and
recommended approval regarding the Comprehensive Plan amendment request for t11e property
generally described as:
EXh1~1t A
and,
WHEREAS, the City Council has revieured the Co~.nprehen.sive Plan. amendment request
and finds the following:
1, The pxoposed amendment is appropriate for this site because the use o~ the site is
more appropriately commercial, liven the lot con~i~uration a~ad access constraints.
NGW, THEREFGRE, BE IT RESGL~ED by t11e City Council of the Cit~T of Elk River
that tl~e Land Use Plan be amended to change the property as described above £tom Urban
Residential to High Density Residential.
PASSED by the City Council o~ the City of Elk River this Z1s~ day of December, X009.
Stephanie A, I~linzin~, IVlayar
ATTEST:
1~~~.~.I,f~.
~~~ ~
Tina Allaxd, City Glerk
~X~1~.b1~ A
TI-IAT PART GF SE 1 /4 OF N~11 /4 : COMMENCING AT THE NE CORNER ~F SE
1 /4 GF N~i11 /4, THENCE RUNNING SGUTH ALGNG THE NORTH & SQUTH 1 /4
LINE GF SAID SEC 32 A DISTANCE GF 219,1 FT, THENCE DEF A RADIUS GO
DEG 03 MIN DIRECTLY GF SGUTH~IESTERLY ALGNG THE TANGENT T~
THE NGRTHERLY RIGHT CAF SAY OF H~1Y 10 A DISTANCE OF 227.5 FT TG
THE PGINT GF BEGINNING OF LAND TG BE DESCRIBED, THENCE
CGNTINUING SGUTH~IESTERLY ALGNG THE TANGENT TQ SAID
NGRTHERLY RIGHT ~F ~1AY OF H~i1Y 10 A DIST OF 907 FT, THENCE A RIGHT
90 DEGREE A DISTANCE GF 108 FEET TG THE CATER LINE ~I~ SG-CALLED
LADE GRUNG QR ELI RIVER, THENCE NORTHEASTERLY ALGNG SAID
MATER LINE 967 FT MGRS GR LESS T~ A PGINT LYING QN A LINE
PERPENDICULAR TG & INTERSECTING THE NORTH LINE ~F THE RIGHT GF
SAY GF H~IY 10 AT A PINT OF BEGINNING & LYING 185 FT DISTANT
N[~RTI-I~i1ESTERLY FRAM PGINT GF BEGINNING, THENCE SGUTHEASTERLY
ALGNG SAID PERPENDICULAR 185 FT TG PGINT ~F BEGINNING
S;~PL.~NNING MAIN~Case Files`LU~LU 09-02 Ells Matel~Resalu~.on,doc
~Cew. ~, ~ , l3 .
ORDINANCE 07 -
CITY OF ELK RIVER
Ali R.DI~A.CE ANrE~II~ING THE
CITY ~F ELI RIVER ~~I~G A.P TG RE~~E CER'TAI~ P~PERTIES
'T~ .~4 HIGH I~E~SITY IESII~E~I'TIAL
CASE ~~. ~C D9~ D~
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 Ells River is hereby
amended to rezone to R-4 High Density Reside~.tiai} the properties described in Exhibit ~.
attached
Section Z. The rezoni~lg is being approved based on the following findings.
1. THE ~~~ZIl~G IS C~~STSTE~T KITH THE LA.I~ USE.
Section 3, That this ordinance shall tape effect and be in full force from. and
after the date of its publication.
Passed and adopted this Z~sr day of December, ZDO~, uy the City Council of the City
of Elk River.
Stephanie A. I~linzing, Mayor
ATTEST:
Tina Allard, City Clerl~
s; planning main case ~1es~zc~zc 09-02 enright~ordi~~ance,doc
E' X~1~~1~ .~
THAT PART OF SE 1 J 4 OF N~ 1 J 4 ;COMMENCING AT THE NE
CORNER OF SE ~ J4 OF N~ ~ J4, THENCE RUNNING SOUTH ALONG
THE NORTH ~ SOUTH 1 J 4 LINE OF SAID SEC 3~ A DISTANCE OF
~ 19.1 FT, THENCE DEF A RADIUS 60 DEG 03 MIN DIRECTLY OF
SOUTHV~ESTERLY ALONG THE TANGENT TO THE NORTHERLY RIGHT
OF SAY OF H~1'Y 10 A DISTANCE OF 227,5 FT TO THE POINT OF
BEGINNING OF LAND TO BE DESCRIBED, THENCE CONTINUING
SOUTH'~VESTERLY ALONG THE TANGENT TO SAID NORTHERLY RIGHT
OF 'SAY OF HAY 1 Q A DIST OF 907 F`T`, THENCE A RIGHT 90 DEGREE
A DISTANCE OF 10~ FEET TO THE CATER LINE OF SO-CALLED LADE
ORONO OR ELI RIVER, THENCE NORTHEASTERLY ALONG SAID
UL~ATER LINE 967 FT MORE OR LESS TO A POINT LYING ON A LINE
PERPENDICULAR TO 8~ INTERSECTING THE NORTH LINE OF THE
RIGHT OF SAY OF HAY 10 AT A POINT OF BEGINNING ~ LYING ~. ~5
FT DISTANT NORTHWESTERLY FROM POINT OF BEGINNING, THENCE
SOUTHEASTERLY ALONG SAID PERPENDICULAR 1 S5 FT TO POINT OF
BEGINNING
s; `planning main case fiies~zc~zc a9~42 cnright~ordinance,dac