Adopt Ordinance #22-18 to Rezone 15861 Jarvis St NW from R-1 (Rural Developing) to E-3 Employment (Project No. 22-120); Case of Big C Development LLC

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.

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.

Summary
The Subject 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 Subject 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 Staff's 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 District allows outdoor storage (principal or accessory depending on the primary use) as a conditional use, so any proposal including a component of outdoor storage would require a Conditional Use Permit as well.

Planning Commission
The Planning Commission voted to recommend the City Council introduce and adopt the ordinance to rezone the Subject Property during their regular meeting on May 26, 2022.

City Council
The City Council voted to introduce the ordinance to rezone the Subject Property during their regular meeting on June 14, 2022.

City Code Sections
Section 117-49. - Zoning amendments.
Section 117-111. - R-1 Residential District.
Section 117-124. - E-3 Employment District.

Alternatives

Alternative 1: Motion to introduce the ordinance rezoning the Subject Property from R-1 Residential (Rural Developing) to E-3 Employment. The Subject Property is not a prime residential location due to it abutting industrial parcels in Elk River. If the property were to be used for the construction of homes, it would only be able to construct about three (3) homes with a dead-end road through industrial properties. A future industrial user could purchase this property with the intention of building a new structure to limit outdoor storage. Furthermore, the rezoning would bring the parcel into compliance with the Future Land Use map in the 2040 Comprehensive Plan. Staff supports this alternative and the Planning Commission recommended approval of it on May 26, 2022.

Alternative 2: Motion to deny the rezoning request for the Subject Property from R-1 Residential (Rural Developing) to E-3 Employment District. The size and surrounding areas of the Subject Property don't appear conducive to a typical residential type of use. If Alternative 2 is supported by the Planning Commission and the City Council, and the Zoning Amendment is ultimately denied, then a Comprehensive Plan Amendment would need to be considered (future meeting) so that the Future Land Use map and Zoning Map are aligned. Staff does not support this alternative.

All costs associated with this request are the Applicant's responsibility.

The Planning Commission recommends the City Council adopt Ordinance #22-18 rezoning the Subject Property from R-1 (Rural Developing) to E-3 Employment.

Motion to waive the City's Charter requirement to read the ordinance aloud and adopt Ordinance #22-18 rezoning the Subject Property from R-1 (Rural Developing) to E-3 Employment.