6.2. SR 02-16-2010ct~~n a nested
Staff and the Plannin Comn~.ssion recommend the City Council adopt ordinance 10-,_._, approving a
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zone change from PUD to C3.
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The a licant is re uestin a zone change from PUD to C3 to allow a commercial use in their building on
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arcel "L". This is currentl the site of Flowers Plus. Approximately one half of the building is vacant,
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The a licant desires to rezone them property to allow a new tenant in the vacant portion of the building.
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~a,~nan ®issi~n ~scuss~®n
The commission did a ree that something should be done with the entire PUD, There was discussion on
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different avenues that could be utilized to accomplish the intermediate change desired for the subject
arcel. one cornmi.ssioner stated it was a step bacl~ward to "spot zone" and felt it should be looked at
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more loball , Staff a reed that other approaches could be utilized but felt they would only be a
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tem ora fix, ne ativel addin to the complex PUD, It was also noted that the city has a zone change
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request to act on.
The Planning Commission recommended approval of the request by a 5-1 vote,
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A ro er owner ob'ected to any type of zone change for the subject parcel or the entire PUD, They
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also stated their taxes would increase because of the zoning classification being commercial.
Staff did contact Sherburne County regarding taxes and values. The County informed staff that the tax
classification is based on use, Rezoning from PUD to C-3 will not change the use classification. The
valuation of the ro erty is based on comparable sales. Increased sales of properties will influence
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ro er values re ardless of zonin ,The proposed rezoning allows more uses for the subject parcel, ita.
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practice making it more marketable.
tc gents
Staff report to Planning Commission dated February 9, 2010
~ ordinance
S,~PLANNING MAIN~Case Fiies~ZC~ZC 1a-01 I{la~vers P1us~ZC 10-01~CC,dac
Ct~~n Motion by Second by Vote
~I~®`
S,~PLANNING MAIN~Case rs1es~ZC~ZC ~0-~1 Tla~vers Plus~ZC 1Q-U1~CC.dflc
REQUEST FOR ACTION
~ ~t~n~ ~r~ner -_
Ci r Council 5.2
Benda ~ct~~n ~~t~n ate ~°~p~r ~
Plannin Items Februaf 9, 2010 Chris Leesebex ,Park Planner-Planne~.•
tens e~crit~®n ev~ee
Request fox Zone Change Request by Flowers Pius ~5~~-520 erern Barnhart, Plannitl Mana ex
Freeport from PUD to C3, Public Hearing ev~eed ~
Case .,~o. ,~~ 100.1
cti~n ~q ue
Staff recommends that the Planning Commission recommend approval of the Zone Change request.
tta.chrr~ent~
Location Map
® Histor~T
® Timeline
~rnar
The applicant is requesti~.g a zone change from PUD to C3 to allow a commercial use in their building on
parcel "L". This is currently the site of Flowers Pius flower shop. one half of the building is currently
'~racant,
The parcel the flower store is on is referred to as Parcel "L" in the original PUD, which was restricted to
hardware and related items. The property owner wishes to market hex building to uses in addition to
Hardware. It is unclear when the flower store began operations in the current building.
As an aside, It appears that the PUD agreement is no longer consistent with the needs of tl~e commercial
market and has outlived its usefulness,
Staff has begun the process to rezone the plaza from PUD to another zone, This has not yet been
approved by the City Councill..
Because of this, staff supports the rezoning of the parcel in question to C3 which will allow any of floe
uses ~pexmitted ox conditionals currently allowed by the C3 zoning district,
Staff is researclting the procedure of rezoning of a Planned Unit Development, There is some thought all
of the property owners in ~.1e subject PUD will need to sign off on any zone changes. wl~.l.e staff
continues to work on this issue, the Planning Commission is asl~ed to pro~nde a recomrn.endation to
maintain the timeline with this request. The initial PUD agreement was between the City and a single
property owner/developer while today there axe multiple propert~~ owners,
S;~PL~I~INING MAIN~Case ~'iles~ZC~ZC 1f1-01 Flo~~exs P1u5~ZC 10-(11,~PC.c~flc
S:1PL.~NN~NG 11~AZN~CaSe Tiles~ZC~ZC 1U-Q1 Tlo~vers P1us~GC 1Q-()~_PC.dnc
~~t~r
The Elk River Plaza Planned Unit De~relopment ~I'UD} was approved on December 21,19$4. It was one
of the earlier PUD's created in Ells Ri~rer and stated that the uses shall be rest~.•icted to those uses wl~.ch
aye principal and conditional uses in the C1, C2, and C3 zones with the 14 exceptions listed:
1. Multifamily dwellings
~. Professional offices
3. Business offices and public buildings
4. Hospitals and mental health centers
5. Parl~ing Ramps
b. Taverns and hotels
7. l12otor vehicle service station ser~Ticing vehicles with mo~•e than two ~2~ axles
S. Auto repair shops
9. Storage facilities
10. Drive-ifa tla.eaties
11. Outdoor amusement centers
12. Those conditional uses permitted ~ the R4 district
13. Those principal uses permitted in the R3 and R4 districts
14. ~~h ~~ f a~~~:~ _`~~0.~ l~.~l ~~ ~:~~~.ci~~ ~~ ~~ ~a~kY~~~ a ~.a.t~ ~te~~s rcta~~ ~.:~ ~~a
y
. . ~., . . .
Ove~.• the past 2G years, the development has undergone many changes. Many businesses and buildings
have come and gone. There have been se~Ten amendments over that time period. The earlier
amendments were necessa~.~T to accommodate the completion of the development while the later
amendments were necessar-~r to adjust to the marl~et and allow uses that initially were not allowed with. the
original PUD. The applicant is asking for the zone change for this xeason.
S:~PLANNING M~IN~Casc: Files~ZC~ZC 1C)-01 Flowers Plus~1-~isto~~yr.dac
i~eN~n~
original PUD D ecemb er 21, ~ 9 84
Amendment No. ~ December 31, ~ 985
Ells Ri~rer Plaza 2nd addition approved
~ Presidential estates addition approved
Amendrne~.t No. 2 March ~ 0,1987
Allow ~ 6,000 sgft office/retail building
® Substitute of building for GO u~~its of multi family ~~ctober 6,19SG?}
Amendment No. 3 September 21,1957
~ Ells River Plaza 3rd addition approved
2,9D0 sgft office/retail
~ 15,000 sgft ~:etail
3,200 sgft carwash
Amendment No. 4 June 21,1999
® Ells River Plaza 4th addition approved
15,000 sgft retail.
~ 200 seat Ciass 1 restaurant with on sale liquor
~ 40,000 sgft medical office
Amendment No. 5 November 20, 2000
Second wall sign for 6,500 retail building
Amendn~.ent No. 6 May 20, 2002
~ wall signage -- 4 allowed
Urgent Care
Amendment No, 7 January 12, 2005
12,765 sgft rni~ed-use building
Staff did request authorization, and receive it from the Cit~T Council, to pursue rezoning the entire Ells
River Plaza Planned Unit Development ~'UD}, starting with the commercial side, This will involve
several public meetings and PC and CC review.
S:~PLANNING MAIN~Case F~Ies~ZC~ZC io-UI Flo~~vezs Plus~'I'imeline.doc
RD~NA.NCE Io
CITE ~F ELF RIVER
.AN RI~~NANCE ENI~fNG THE
C~T~ F ELF RfVER z~NIN~ TAP T~ RE~NE CERTAIN PR.PERTIE~
A~ E~CR El]
CA.~E N~, ~C I~®oI
The City Council of the City of Elk River does hereby ordain as follows:
Section 1, That the duly adopted Zoning Map of the City of Ells River is hereby
amended to rezone the properties described on attached Exhibit A from PUD ~'lanned Unit
Development}, to C~3 Highway Business}.
Section 2, That the rezoning approved by this Qxdinance is based on the following
findings:
~, THE REz~NrN~ rs CONSISTENT NTH THE CITY' ~F ELF RrvER
LANI} USE PLAN Ar~~PTE~ AS PART ~F THE CITY ®F ELI RIVER
C®NxPREHENSrVE PLAN.
Section 3. That this ordinance shall tale effect and be a.n full force from and after the
date of its publication,
Passed and adopted this IGh day of February, 201o by the City Council of the Ci of
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Elk River,
ATTEST:
Stephanie A. I~inzing, Mayor
Tina Allard, City Clerk
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Flowers Plus
ZC 10-01
Flowers Plus
Location Map
February 16, 2010
Summary
Zone change request PUD
•
to C3
Portion of bldg vacant
•
Parcel “L”-1984
•
Limited to hardware &
•
related items
Zoning
Unclear when/how flower
•
store began
PUD AgreementPlanning Commission
PUD development is based PC agreed something
••
on C1, C2 & C3 zoningshould be done
With 14 exceptionsDifferent avenues
••
discussed
PUD amend, IUP, variance
•
City has zone change
•
request to act on
5-1 in favor
•
1
Public CommentPublic Comment
Adjacent prop owner Taxes are based on
••
objected to any rezoning, use/classification
partial or for the whole
Increased sales of
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Citing raised taxesproperties may influence
•
property values, regardless
of zoning
Proposed rezoning allows
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more uses for the subject
parcel, in practice making it
more marketable
RecommendationFlowers Plus
Staff and the PC
Staff and the PC
•
•
recommend the CC
recommend the CC
approve a zone change
approve a zone change
from PUD to C3
from PUD to C3
Summary
Staff questioned if the
•
PUD was consistent with
market needs?
Staff received approval
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from CC to look at entire
area
2