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<br />CITY OF ELK RIVER
<br />AN ORDINAN~E REZONING CERTAIN PROPERTY WITHIN THE
<br />CITY TO TlIE R~IB (SINGLE FAMILY RESIDENTIAL)
<br />! ZONING DISTRICT
<br />WHEREAS, the Clty Cm,mcil of the City of Elk River has initiated proceedings
<br />to amend the Zo~g Ordinance of the City of Elk River to rezone the property
<br />legally described o~ attached Eihibit Ahereto(the Property) to the R-lb"Single
<br />:Family Residential izoningdistrict; and .' . .
<br />WHEREAS, the Pluming Comnlisi3ion of the City of Elk River has held a public
<br />hearing on the propp Sed rezoning and has recomrilended to the City Council that
<br />the Prope~ be rez\>ned as proposed; and ....
<br />WHEaEAS, the C~tyCouncilofthe Elk River has also held a p~blichearing on
<br />the propqlial to rezor:e the Propertylmdh~ tak,en testimPny on the propq8al from
<br />allperson,8 desirinl{tO be heard.ou the matterj and
<br />WliEREAS, the C~ty cpuucil has considered all of the materillls, testimony and
<br />other ~vidence presented by City stilfl".. ~d the public with respect to the propqsed
<br />rezomng' . I.... .....
<br />NOW, TH;EREFQiw, the City Cpuncil ofthe City of Elk River, based on all rifthe
<br />materials, test.imo~yand other.. evidence in the. record before it, makes the
<br />following rmdinge gfFactand adopts the following Ordinance: ,
<br />A.F1NDINGSO~FACT .' .
<br />1. The Property W~s originally zoned A.l, Nrricultural Conservation District.
<br />2. On November ~, 1978, a portion of the Property was rezoned from A-I to 1-2,
<br />Medium Industriall District, by the Elk River City Council.
<br />3. The City Co~npu also approved, ou November 3, 1978, a Conditional Use
<br />Permj.t permitting~seoftbe rezon~ portiQu oUhe Prope~as a salvage y~d,
<br />body shop, mecbamca1 re~air ~ audtl'lick de@l.ership,subject to certain
<br />conditions. "', ':"
<br />4. Since .1978, varipus owners of the property have failed to fully comply wit)lthe
<br />conditions of the CbIlditional U~ Pe~tissuedin 1978, including the specific
<br />reqIlirement to ~~ theProperty~sedasajunk yard from Highway 10 by
<br />landl'CapUl(pll' ptht;!r e<<ective'~an8to screen operations from the public view.
<br />5. The City has ~~teInpted.tobring the Property intoccimpliance with this and
<br />other conditions of ~e Conditional Use Permit. . '
<br />6. The Property ~mains at this date in violation of the terms ofthe Conditional
<br />Use Permit.. . . !
<br />7, In 1980, the City adl>pted a "Generalized Land Use Map. which designed the
<br />plllIlDed land uses '01' all land within the City. The Generalized Land Use Map
<br />designated the Property and surroun!ling land to the east, west and north for
<br />medium density Nllidential uses. '
<br />8. In 1988. the City adopted a QOmpreheusive PIaIl,entitled the Growth
<br />Management Plan; TJie Growth Management Plan iDcluded a Land Use Plan,
<br />which designatedtl;l.e plllIlDedlanduses for all land within the City. The 1988 Land
<br />Use Plan designll~the Property and the surrounding land to the east, west and
<br />north for medium=ensity.residentiall1seS.
<br />9. In 19.90, the Ci dicJ. a serie8..0.fF. ~cus Area Studies .an., alyzing various areas of
<br />the City. The Pro is hnmediatelyadjacent to "Focus Area A.. The Focus Area
<br />Study Report incl1J!ded a number of detaile4 recommendations for the improve-
<br />ment and develop11ient of:Focu8Are~ A.. The eJdsting iDdu8trial zoning and use of
<br />the ~roperty is1i:Q.cQJ1siStentwith these recommendations.
<br />10. The Property is surrounded on three sides, to the east, west and north, by
<br />several hundred ~ of land zoned R-lb, and constitutes a spot zone within this
<br />residentially zoued area of the City.
<br />11. Properties to the: east, west and north of the Property, in addition to being
<br />designated for resi~utial uses in the City's Land Use Plan and. zoned for
<br />residential uses pursuant to the City's ZoningOrdinan<re and Zoning Map, are also
<br />used for residential p~rposes. .
<br />12. The existing indu!ltrial zoning and industrial use of the Property is
<br />inconsisteut with the City's CompreJ>.ensive Plan and with the land use designa-
<br />tion, zoning andl1se ohl1rrouudingproperties. '
<br />13. In addition to the inconsistency of the existing land use on the Property with
<br />surroun. .' ding land l1ses and .development, industrial use of this property presents
<br />a potential environmental threat to the surrounding residential area and the Elk
<br />River. The City has conducted a limited environmental investigation of the
<br />property which has disclosedcontllIninated soils on portions of the Property and
<br />the poteutial for A4dj.ti,onal coutllQli.nation. The proximity of the Property to
<br />surroundingresi~ntial uses and, the Elk River makes it important that this
<br />contllIniuAtion. be ~dressed, Rezoning the Property will expedite the process of
<br />ad4res!lingthese etJ,vironmeutal concerns.
<br />14. ~oning the ~~ ~jR,-lb will bring thePtoperty into compliance,~th
<br />the City's ComllrehePBlYe PJanlmd'I:.and Use Plan Map.
<br />15.. RezoniDg the :property to R~ lb will make the zoniDg of the Property compat.
<br />ible with the exisAAg :R.-lb zouing and residential uses of the properties to the east,
<br />west anduort;h onhe Property, and esta,blish coutinuity and consistency of the
<br />zoning m this area of the City. . ,
<br />16.Increased development interest in the western part of the City1constitutes a
<br />change of circumstances and conditions requiriDg that properties iu this area of
<br />the City be rezoned to the appropriate zoning district so that development will be
<br />compatible with surrounding development fud consistent with the City's adopted
<br />Land Use Plan Mall. ,h'llvh1A r ifi ;it,
<br />.~ l!L ..,_..., '. _'~_~j.M_mtlli~-rt81zoPmg'andl1~oJ'the
<br />"'1'Operty WlM,pq: "JPm~\PmJlerty values withinthis~artofthe City.
<br />18. The Qit)'Co1;l'ft rther ,finds that all p~duraland other requirements of
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<br />SectiQ~ 900.44 of t)le City Code of otdinances have been complied with in the
<br />consideration and ,ctiou on this rezoniDg proposal.
<br />B. ADOPl'ION OF ORDINANCE
<br />The City Council of the City ofElk River, based upon the Findings ofFact set forth
<br />ilboveand all of the materials, testimony andothi;lr evidence in the record before
<br />it, does hereby ordain &iii follows:
<br />1. The property described on Exhibit A attached hereto shall be rezoned to the R-
<br />Ib, Single family Residential, zoniDg .district.
<br />2. This Ordinance !lhalltake effect upon publication as provided by law. .
<br />3. That staffis directedto'iDitiate'll text amendment to the Zoning Ordinance to
<br />cl1lluge the amorti2;Atiouperiod from five y~ to ten years.
<br />4. Staff is.directell to ~IQl'e the pu~ase of the property and all other options
<br />, for assisting the RQYllm relocating. I'
<br />Pa!lsed and adop~by the City Council of the City of Elk River, this 15th day of
<br />AUB11st, 1994.
<br />Henry A. DuitsmaIl, Mayor
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<br />ATl'EST:. .
<br />Sandra Thackeray, City Clerk
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<br />, j" EXliIBITA .
<br />The West one-hal( of the West one-half of ~he NQrtheast Quarter of Section 31,
<br />Township 33, Ra e 26, Sherburne County, Minneilota, lying East of the West
<br />392.00 feet.
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