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5.3. PCSR 06-08-2010Elk REQUEST FOR ACTION .•..,.~ River To Item Number Plannin Commission 5.3 Agenda Section Meeting Date Prepared by Plannin Items une 8, 2010 Chris Leeseber ,Park Planner-Planner Item Description Reviewed by Request by City of Elk River For Ordinance Amendment to add erem Barnhart, Plannin Mana er new Elk River Plaza Zoning District, Reviewed by Public Hearing -Case No. OA 10-0 Action Requested Staff recommends that the Planning Commission recommend approval of the Ordinance Amendment request. Background/Discussion Along with the proposed zoning change for Elk River Plaza, a new section of the ordinance needs to be created for the new zoning district. The proposed Permitted, Accessory, and Conditional Uses are the same as the Planning Commission reviewed at their April 13, 2010 meeting. Attachments Ordinance No. -10 Draft Ordinance from Planning Commission memo dated April 13, 2010 Current vs. Proposed use list from Plannng Commission memo dated Apri113, 2010 Action Motion by Second by Vote Follow Up ORDINANCE - 10 CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 30-1600 OF THE CITY CODE OF ORDINANCES The City Council of the City of Elk River does hereby ordain as follows: S~il~l3s to be removed Underlines to be added Section 1. Section 30-1600 titled, Mixed Use Elk River Plaza district, of the City of Elk River Code of Ordinances shall be amended to read as follows: (a) Purbos~ e The ~ur~ose of the Mixed Use Elk River Plaza district is to codify the Planned Unit Development into a single zoning district with three sub-sections, Commercial, Single Family, and Multiple Family. (b) Subzone A. Multiple Family Residential (1) Permitted uses are as follows: a. Single Family Residential b. Two family Residential c. Townhouse dwellings d. Multiple Family Residential (2) Accessory uses are as follows: a. Accessory structures b. Public shelters (3) Conditional uses are as follows: a. Conditional home occupations (c) Subzone B. Single Family Residential Permitted uses are as follows: a. Single Family Residential (2~ Accessory Uses are as follows: a. Accessory Structures X31 Conditional Uses are as follows: a. Conditional home occupations (d) Subzone C. Commercial (1) Permitted uses are as follows: a. Business and Professional offices b. Class I restaurants c. Nurseries,~roduce markets, and garden centers, which may include outdoor di-~~'- d. Outpatient health care facilities e. Personal service establishments f. Public parks g. Retail shops and stores N:\Departments\Community Development\Planning\Case Files\OA\OA 10-06 Elk River Plaza\Ordinance Final.DOC h. Sale of firearms i. Zero lot line development (21 Accessory Uses are as follows: a. Off street harking facilities b. Off street harking facilities c. Public shelters (31 Conditional Uses are as follows: a. Carwashes b. Class II restaurants c. Commercial recreation, outdoor d. Commercial recreational facilities, indoor e. Dry cleaning establishment £ Enclosed light manufacturing with related retail sales g. ET~ment rental businesses with no outdoor storage h. Financial institutions i. Funeral parlors j. Governmental offices k. Licensed dad care facilities 1. Motor vehicle specialty shops m. Nonprofit clubs. lodes or halls n. On-sale liquor establishments o. Pawnshops (250-foot setback from any residential zone and 500-foot setback from schools}u~, day care centers, churches and other ~awnsho~s measured from the ~ro~erty line p. Produce markets q. Sauna establishments r. Sho~ing_centers s. Veterinary clinics (e) Si a e (1) Temporary s' s as permitted in section 30-851 et sea. (2) Permanent signs. a. One permanent area identification sigrl~er neighborhood, subdivision, or development not to exceed 64 square feet with a maximum height of 20 feet. The area identification sign shall be located on the same premises as the develoFment it identifies. b. One (11 freestanding sign not to exceed 100 square feet along collector street or 150 feet along arterial street. c. Max height of 10 feet along collector street or 30 feet along arterial street d. Two wall signs not to exceed 200 total square feet der occu~~. e. One on-premises menu board der drive-u~ or walk-u~ lane of a drive-in restaurant or carwash uF to a maximum of 32 square feet each. Menu boards are allowed to have a message on one side only and may not contain an advertising message. N:\Departments\Community Development\Planning\Case Files\OA\OA 10-06 Elk River Plaza\Ordinance Fina1.DOC Section 2. Section 30-1601 titled, Principal structures, of the CitS= of Elk River Code of Ordinances shall be amended to read as follows: Principle structures shall comply with the following dimensional requirements: District Minimum Lot Front Side Garage Kear Maximum Maximum Kequirements Setback ~ Setback * Side* Setback * Lot Height (feet) eet eet eet eet Covera e Subzone A 3.5 Acres 15 50 NA 50 .35 3 floors or 40' Subzone B .1 acres 25 6 8 6 0.65 2 floors or 50' width 35' Subzone C .99 acres 35 25 NA 30 NA 45 feet *In all cases, setbacks shall be the lesser of existin setback or the above listed setback. Section 3. Section 30-1602 titled, Accessory structure setbacks, of the City of Elk River Code of Ordinances shall be amended to read as follows: Accessory structures shall comply with the following dimensional requirements: District Front Setback* (feet) Side Setback* eet Kear Setback* eet Maximum Height eet Fences Subzone A 15 20 20 15 0 Subzone B 25 6 6 15 0 Subzone C Not Allowed 0 *In all cases, setbacks shall be the lesser of existin setback or the above listed setback. Section 4. That this ordinance shall take effect upon publication as provided by law. Passed and adopted by the City Council of the City of Elk River this 17th day of May, 2010. Stephanie Klinzing, Mayor ATTEST: Tina Allard, City Clerk N:\Departments\Community Development\Planning\Case Files\OA\OA 10-0( Elk River Plaza\Ordinance Final:DOC Draft Ordinance Section 30-1838. PUD-Elk River Plaza overlay district. (a) Purpose. The purpose of the PUD Elk River Plaza overly is to codify the Planned Unit Development agreement relative to land use regulations. (b) Subzone A. Multiple Family Residential (1) Pe~~aitted uses are as follows: a. Single Family Residential ' b. Two familyResidential c. Townhouse dwellings d. Multiple Family Residential (2) Accessory uses are as follows: a. Accessory structures b. Public shelters (3) Coraditional uses are as follows: a. Conditional home occupations (c) Subzone S. 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. Commerei~L (1) Pe~7nitted uses a e a, llo~ ~: a. Bu.~ n~ ~s ~Ln~i pr.~tessional office s b. Class I restaur~~_nts c. Nur;er~~~. ~~ro~atue n~arl~ts,,ard garden centers, which mayinclude outdoor ciisplati ~~. C-utpati~~nt ':~~~ath c~~ facilities ~. Personal se: ~ i~~ .>rlblissnents r. Pub 'c par~~tis >. Retail shop:. anal stores h. S~.le of fir ~trly i. L.~ro l~r t~;ne development (2) Accesso ry U~~ are a~ rollows: a. Cuff st-re~ parking facilities b. Cuff 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 m?nufacturing with related retail sales g. Equipment rental businesses with no outdoor storage h. Financial institutions i. Funeral parlors j. Governmental offices k Licensed day care facilities 1. Motor vehicle specialty shops m. Nonprofit clubs, lodges or halls n. On-sale liquor establishments o. Pawnshops (250-foot setbackfrom anyresidential 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) Signa~e (1) Temporary signs as permitted in sectior ~ ~- ~~ ~~ 1 eY seq. (2) Permanent signs. a. One permanent area identification sign n.: ~~~igi~borhood, subcivision, or development, not to exceed 64 square i~~? ~; i,h a maX;T,-,um height of 20 feet. The area identification ~i~r~~ shall be locate? on the same premises as the development it identifies,. b. One (1) freestanding sign,1~.-~r ro e~c:~ed 1^'~ ~gtare feet along collector street or 150 feet along arterial sti-~et. c. Max height o~ 10 feet along collector streer or 30 feet along arterial street d. Two vrall si~,.~~: i7ot to exceed ?:0 total sq~re feet per occupancy. e. Ong ~:.~n-t renu~e s menu board per drive-up or walk up lane of a drive-in resta ~~ant c :_-,;-zsh up to a ma:~_imLim of 32 square feet each. Menu boards are ~_>> - , _ d zo_~ia ~Te a message ~ n one side only and may not contain an ad~eni~in~ ~~-essa~~. Building Setbacks* Maximum Minimum Lot Front Side Garage Rear Lot Maximum requirements Side Height Coverage 3 floors or Subzone ?~ 3.5 acres 15 50 I~Tr~ 50 0.35 40' .1 acres 2 floors or Subzone B 50' width 35 6 8 6 0.65 35' Subzone C .99 acres 35 25 Nl~ 30 N_~ 45 feet *In all cases, setbacks shall be the lesser of existing setback or the number above. Uses Currently Allowed Bed andtireakfasts esfablisfiin~nis _ Business and rofessional offices Class I restaurants Nurseries, produce markets, and garden centers, which ma include outdoor dis la Out atieht health care facilities Personal service establishments Retail sho sand stores Sale of firearms - ~. - o~tlit~onal~7se:P~erriit ~ _ `,~ Ac~~~sory structures associated ti~r~~ ~~ ~-Tamil dwellin s A"artments subordiha~e w m= I ir_ ~,r' ~i~- Car`, RV and=manne'sales `. Carwashes Class II restaurants Commercal- arkin ' ots , Comrreraal'~arkiri~ ram s Commercial recreation, outdoor Commercial recreational facilities, indoor ~n~en~encesfore~ ~ ^~lopm~ n c rcpert, r ~,~ir ~~i`Te~; of *,he .il~, yr ~nic nve ei'strlc± _ ~ . D cleanin establishment Enclosed li ht manufacturin with related retail sales E ui ment rental businesses Financial institutions Funeral arlors Govemmental 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 roe line Ph sical recreation or trainin Produce markets Sauna establishments Sho in centers Sin le-famil dwellin s Veterinary clinics ~- J L C~rrent~~e.S-'r9e~~~Cl.Uill1'IICI IUCU tO UG'JCIIiV~VCU Proposed Uses P~mted, CTs`es 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. _ . ."_ ~,.,~~.' ~ond~fional,Use`Permrt_;p ~_ 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 Govemmental buildin sand facilities Govemmental offices Licensed da care facilities Motor vehicles ecial 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 roe line Produce markets Sauna establishments sho in centers Sin le-famil dwellin s Veterinary clinics Uses currently not allowed, recommended to be allowed