5.6. SR 06-21-2010 - Laserfiche WebLink

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REQUEST FOR ACTION To Item Number City Council 5.6. Agenda Section Meeting Date Prepared by Community Development June 21, 2010 Chris Leeseberg, Park Planner-Planner Item Description Reviewed by An Ordinance of the City of Elk River Zoning Certain Property Jeremy Barnhart, Planning Manager into the Mixed Use Elk River Plaza Zoning District, Public Reviewed by Hearing -Case No. ZC 10-03 Action Requested Staff and the Planning Commission recommend the City Council adopt an ordinance zoning certain property into Mixed Use Elk River Plaza Zoning District. Summary The Planning Commission, on April 13, 2010, reviewed an overlay district to the Planned Unit Development (I'UD) to codify the Elk River Plaza PUD. Since that meeting, the City Attorney believes the subject area should be rezoned to a new stand alone zoning district Mixed Use Elk River Plaza (MU- ERP) while dissolving the current Planned Unit Development agreement. Planning Commission Discussion It was questioned if the MU-ERP classification could be utilized in other parts of the City. Staff informed them that technically yes it could be, but would not make sense to use that name in other parts of the City given the Elk River Plaza (ERP) label. The Planning Commission unanimously. recommended approval of the request. Public Comment A commercial property owner stated he was more comfortable with the zoning when it was staying a Planned Unit Development with an overlay district. He was not comfortable with the newly proposed zoning as he felt it would give the county the ability to raise his taxes. Staff has indicated that the property taxes are not based on the zoning classification of the property, but a classification the County Assessors Department puts on the property. He questioned why the City could not get anything from Sherburne County indicating taxes would not be affected by the zone change. At the April 13, 2010 Planning Commission meeting, it was noted that Sherburne County's website states: Each property's share of taxes is determined according to its value, classification (use), and the property tax levies. In an email to Sherburne County on April 5, 2010, staff asked "We have always been under the impression that property taxes are based on the use of the property and not the honing classification. Is that correct?" The County's response was, "Property taxes are not based on the zoning classification of the property, but a classification the Assessors Dept. puts on for taxing purposes." A commissioner stated the City has no control over how the county assesses properties for tax purposes. N:\Departments\Community Development\Planning\Case Files\ZC\ZC 10-03 F,lk River Plaza\ZC 10-03_CC-3.doc