Agenda - Council - 06/28/2022 - Laserfiche WebLink

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CC Regular Session 7. 1. Meeting Date: 06/28/2022 By: Brian McCann, Community Development Information Title: Adopt Ordinance#22-18 to Rezone 15 861 Jarvis St NW from R-1 (Rural Developing)to E-3 Employment(Project No. 22-120); Case of Big C Development LLC Purpose/Background: The City has received an application from Big C Development LLC (the "Applicant")to rezone the property identified by PID# 18-32-25-33-0002, generally known as 15861 Jarvis St NW(the "Subject Property"), from R-1 Residential(Rural Developing)to E-3 Employment. Notification: Staff attempted to notify all property owners of the public hearing with the Planning Commission within 350 feet of the Subject Property of the requested Zoning Amendment via standard U.S. mail and published the Notice of Public Hearing in the Anoka County UnionHerald. Observations/Alternatives: Summary The Subj ect Property is 7.22 acres in size and zoned R-1 Residential (Rural Developing),but is currently used for industrial business purposes related to the adjacent parcels in the municipality of Elk River to the west. The property to the south is part of the BNSF railroad track and zoned Right-of-Way. The abutting property to the northeast belongs to the Links at Northfork golf course,which is zoned Planned Unit Development(PUD). The Applicant is seeking this Zoning Amendment to accommodate a future sale of the Subject Property to a potential business to utilize the property for industrial related uses. Outside storage is not permitted in the R-1 Residential District. In the E-3 Employment District, outside storage use of a property would require a Conditional Use Permit(CUP). It is worth noting that since the Subject Property abuts residentially zoned parcels (the golf course),there are greater setbacks for outside storage (forty [40] feet from residential properties),which would restrict where this type of use could occur on the Subj ect Property. Any future proposal would be subject to the Site Plan review process, and any other land use applications that may be part of the proposal. The Planning Commission would review these when a potential user comes forward. It is Staffs understanding that the Subject Property has been used periodically for outside storage related to the adjoining business located in Elk River. However, after a review of both the Property File and County records, it does not appear that that use was ever approved or authorized for the Subject Property by the City. Thus, it does not appear that there are any lawful, non-conforming rights that would allow this type of use on the Subject Property. The property did go through the City's code enforcement process in late 2021 and the Ramsey parcel received a close-out notice for resolved violations on-site in October of 2021. The 2040 Comprehensive Plan shows the Subject Property guided as Business Park, and the E-3 Employment District zoning would be in line with future uses. A Comprehensive Plan Amendment is not required for this application since the proposed zoning meets the guided zoning in the 2040 Comprehensive Plan. Future Development Any proposed future development of the parcel for industrial purposes would be subject to the Site Plan process, which includes review of the proposal with the Planning Commission and City Council. The E-3 Employment