5.3. PCSR 04-13-2010REQUEST FOR ACTION
ver
To Item Number
Plannin Commission 5.3
Agenda Section Meeting Date Prepared by
Plannin Items Aril 13, 2010 Chris Leeseber ,Park Planner-Planner
Item Description Reviewed by
Request by City of Elk River fox Rezoning of Elk River Plaza erem Barnhart, Plannin Mana er
PUD Reviewed by
Public Hearing -Case No. ZC 10-OZ
Action Requested
Staff recommends that the Planning Commission recommend approval of the Zone Change request.
Background/Discussion
On February 1, 2010 staff received authorization to pursue the possibility of rezoning the entire Elk River
Plaza Planned Unit Development (I'UD).
On March 16, 2010 the City hosted two open houses (one in the afternoon and one in the evening) for
the property owners, tenants and residents of Elk River Plaza. There were about a dozen people who
attended. The main concerns that were voiced were apartments in the single family area, tax implications,
signage and zero lot line development.
The proposed ordinance would not allow multi-family development or commercial development in the
single family area. In order to make one business in the development conform, zero lot line development
needs to be included. There is a concern that taxes will be higher based on the zoning being "changed"
to commercial, but the property taxes are not based on the zoning classification of the property, but a
classification the County Assessors Department puts on the property. Sherburne County's website states:
Each property's share of taxes is determined according to its value, clar~ifzcation (ure~, and the property tax levier.
Attachments
Partial Zoning Map
• Draft Ordinance
Proposed Setbacks
Current vs. Proposed Uses
Case File: ZC 10-03
Page 2
Elk River Plaza
City of Elk River
Overview
The current PUD agreement allows all uses in the C1, C2 and C3 zoning districts, with ten
exceptions:
L Hospitals mental health centers
2. Parking Ramps
3. Taverns and hotels
4. Motor vehicle service station servicing vehicles with more than two (2) axles
5. Auto repair shops
6. Storage facilities
7. Drive-in theatres
8. Outdoor amusement centers
9. Those conditional uses permitted in the R4 district
o Outpatient health care facilities.
o Boardinghouses.
o Institutional uses.
o Licensed day care facilities for 17 or more children.
o Governmental offices.
o Ministorage.
o Zero lot line development.
o Manufactured home parks as defined in Minn. Stats. ~ 327.14, subd. 3.
10. Those principal uses permitted in the R3 and R4 districts
o Single family dwellings.
o Duplexes.
o Triplexes.
o Townhomes, with no more than six dwellings per structure if in a row or no more than
eight dwellings per structure if back-to-back.
o Model homes in compliance with section 30-800.
o Licensed daycare facilities for 16 or fewer children.
o Public parks, playgrounds and open space.
o Single-family dwellings.
o Two-family dwellings.
o Townhouse dwellings (12 units per structure maximum).
o Multiple-family dwellings.
o Model homes in compliance with section 30-800.
o Licensed day care facilities for 16 or fewer children.
o Public parks, playgrounds and open space.
o State-licensed residential facilities or housing with services establishments
Staff is not recommending any non-commercial additional uses to the area, but is recommending
that public parks, zero lot line development, government offices and licensed dap care facilities be
allowed. Parks, offices and day care facilities are typical uses found in commercially zoned areas.
The subject area already contains a building that is classified as a zero lot line building. This building
is anon-conforming structure and in order to make it conform, zero lot line development needs to
be included.
S:\Commumty Development\Planning Main\Case Files\ZC\ZC 10-03 Ell: Ri<~er Plaza\ZC 10-03_PC.doc
Case File: ZC 10-03
Page 3
Elk River Plaza
City of Ell; River
Staff is also recommending that six of the currently allowed uses not be allowed. A majoritSJ of
these are related to vehicle uses. Another is related to the Wild and Scenic River District which is
about one half mile away.
Commercial PUD's are created with the intent of creating a development that is unique from other
developments. This is the city's first time codifying a PUD. Assuming this is a successful change,
the concern for future changes is, how we make changes without creating multiple individual zoning
districts for each PUD. The proposal is to change the zoning by applying an overlay district (I'UD-
Elk River Plaza). This will produce only one zoning district graphically on the city map(s) while
being able to have multiple districts listed in the zoning code.
The proposed language divides Elk River Plaza into three sub-sections, Commercial, Single Family,
and Multiple Family.
Applicable Regulations
Keryonin
In reviewing a proposed amendment, consideration shall begiven to existing conditions within the area directly and
indirectly affected by the proposal, the conservation of property valuer, the use to which the property affected is being
devoted at the time, and relevant provisions, if any, irz the land use plan.
Action Motion by Second by Vote
FOIIOW Up
S:\Communitc Development\Planning Main\Case Files\ZC\ZC 10-03 Elk River Plaza\ZC 10-03_PC.doc
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Draft Ordinance
Section 30-1838. PUD-Elk River Plaza overlay district.
(a) Purpose. The purpose of the PUD Elk River Plaza overly is to codifythe Planned Unit
Development agreement relative to land use regulations.
(b) Subzone A. Multiple Family Residential
(1) Permitted uses are as follows:
a. Single Family Residential
b. Two familyResidential
c. Townhouse dwellings
d. Multiple Family Residential
(2) Accessory user are as follows:
a. Accessory structures
b. Public shelters
(3) Conditional user are as follows:
a. Conditional home occupations
(c) Subzone B. Single Family Residential
(1) Permitted uses are as follows:
a. Single Family Residential
(2) Accessory Uses are as follows:
a. Accessory Structures
b. Public shelters
(3) Conditional Uses are as follows:
c. Conditional home occupations
(d) Subzone C. Commercial
(1) Permitted uses are as Eollo~~°s:
a. Business lnd professional offices
b. Class I restaurants
c. I~rurser~es, produce mari~ets, and harden centers, which may include outdoor
display
d. Outpatient health care facilities
e. Personal se~,~ice establishments
f. Public park
y. Retail shops and stores
h. Sale of firearms
i. Zero lot line development
(2) Accessory L~~~S are as follows:
a. Off street parking facilities
b. Off street parking facilities
c. Public shelters
(3) Conditional Uses are as follows:
a. Carwashes
b. Class II restaurants
c. Commercial recreation, outdoor
d. Commercial recreational facilities, indoor
e. Dry cleaning establishment
f. Enclosed light manufacturing with related retail sales
g. Equipment rental businesses with no outdoor storage
h. Financial institutions
i. Funeral parlors
j. Governmental offices
k Licensed daycare facilities
1. Motor vehicle specialty shops
m. Nonprofit clubs, lodges or halls
n. On-sale liquor establishments
o. Pawnshops (250-foot setback from any residential zone and 500-foot setback
from schools, parks, day care centers, churches and other pawnshops,
measured from the property line)
p. Produce markets
q. Sauna establishments
r. Shopping centers
s. Veterinary clinics
(e) Si~nage
(1) Temporarysigns as permitted in section ~0-S~l er seq.
(2) Permanent signs.
a. One permanent area identification sign per neighborhood, subdivision, or
development, not to exceed 64 square tc°et ~-ith a maximum height of 20 feet.
The area identification sign shall be located on the same premises as the
development it identifies.
b. One (1) freestanding sign, not to exceed 1~0 s~~uare feet along collector street
or 150 feet along arterial str-ect.
c. Max height of 1J feet along collector street oz 30 feet along arterial street
d. Two mall suns, not to exceed _'OG total square feet per occupancy.
e. One on-premises menu board pet• drive-up or walk up lane of a drive-in
restaurant or caz~~-ash up to a maximum of 32 square feet each. Menu boards
arz a1lo~~ ed to ha~-e a message on one side onlyand may not contain an
adveirtisin~ message.
Building Setbacks*
Maximum
Minimum Lot Garage Maximum
Front Side Rear Lot
requirements Side Height
Coverage
3 floors or
Subzone r~ 3.5 acres 15 50 NI-~ 50 0.35 40'
.1 acres 2 floors or
Subzone B 50' width 25 6 8 6 0.65 35'
Subzone C .99 acres 35 25 N~1 30 N_~ 45 feet
*In all cases, setbacks shall be the lesser of existing setback or the number above.
~ Uses Currently Allowed ~
Business and rofessional offices
Class I restaurants
Nurseries, produce markets, and garden centers, which
ma include outdoor dis la
Out atient health care facilities
Personal service establishments
Retail sho sand stores
Sale of firearms
Conditional Use Permit
Accessory structures associated with single-family
dwellin s
A artments subordinate to the rinci al use
Car, RV and marine sales
Carwashes
Class II restaurants
Commercial arkin lots
Commercial arkin ram s
Commercial recreation, outdoor
Commercial recreational facilities, indoor
Convenience stores
Development of property within 50 feet of the wild and
scenic river district
D cleanin establishment
Enclosed li ht manufacturin with related retail sales
E ui ment rental businesses
Financial institutions
Funeral arlors
Governmental buildin sand facilities
Motor vehicles ecialt sho s
Multiple-family dwellings, provided tha
business/commercial uses occupy the ground floor belo
the residential use
Non rofit clubs, lod es or halls
On-sale li uor establishments
Pawnshops (250-foot setback from any residential zone
and 500-foot setback from schools, parks, day care
centers, churches and other pawnshops, measured from
the ro ert line
Ph sical recreation or trainin
Produce markets
Sauna establishments
Sho in centers
Sin le-famil dwellin s
Veterinary clinics
Proposed Uses
Pemitted Uses
Business and rofessional offices
Class I restaurants
Nurseries, produce markets, and garden centers, which
ma include outdoor dis la
Out atient health care facilities
Personal service establishments
Public arks
Retail sho sand stores
Sale of firearms
Sin le famil residential
Accessory structures associated with single-family
dwellin s
Zero lot line development
Conditional Use Permit
Carwashes
Class II restaurants
Commercial recreation, outdoor
Commercial recreational facilities, indoor
Conditional Home Occu ations
D cleanin establishment
Enclosed li ht manufacturin with related retail sales
E ui ment rental businesses no outdoor stora e
Financial institutions
Funeral arlors
Governmental buildin sand facilities
Governmental offices
Licensed da care facilities
Motor vehicles ecialt sho s
Multi le-famil residential
Non rofit clubs, lod es or halls
On-sale li uor establishments
Pawnshops (250-foot setback from any residential zone
and 500-foot setback from schools, parks, day care
centers, churches and other pawnshops, measured from
the ro ert line
Produce markets
Sauna establishments
Sho in centers
Sin le-famil dwellin s
Veterinary clinics