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5.5. SR 06-21-2010REQUEST FOR ACTION To Item Number Ci Council 5.5. Agenda Section Meeting Date Prepared by Communi Develo ment une 21, 2010 Chris Leeseber ,Park Planner-Planner Item Description Reviewed by An Ordinance of the City of Elk River Amending the Elk River erem Barnhart, Plannin Mana er Zoning Ordinance to Add New Section 30-1600, Providing the Reviewed by Creation of the Mixed Use Elk River Plaza Zoning District, Public Hearin -Case No. OA 10-06 Action Requested Staff and the Planning Commission recommend the City Council approve the Ordinance Amendment request. Summary 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 Planning Commission Discussion The Planning Commission unanunously recommended approval. Public Comment There was no public comment on the Ordinance Amendment. Attachments • Staff Report to Planning Commission dated June 8, 2010 excluding attachments • Ordinance No. 10- Action Motion by Second by Vote Follow Up N:\Departments\Cornmuniry Development\Planning\Case Files\OA\OA 10-06 Elk River Plaza\OA 10-06_CC.doc REQUEST FOR ACTION 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 10-06 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 Apri113, 2010 • Current vs. Proposed use list from Planning Commission memo dated Apri113, 2010 ACtlon Motion by Second by Vote Follow Up Uses Currently Allowed 6cd an~.'breakfasts~es~athsfim~nts Business and rofessional offices Class I restaurants Nurseries, produce markets, and garden centers, which ma include outdoor dis is Outpatient health care facilities Personal service establishments Retail sho sand stores Sale of firearms ~""~-~~ ~nndCt~_nnal~7se~Per_mit=~~~~" ~~; ~~-~.~ Accessory structures associated with single-famil dwellin s Aoarnentssu>joTdinatet ~~ ~ ~ ' ~ se Car,=RV`and4marin`e saie~ - Carwashes Class II restaurants Commezc~al parkin +~s_ COmrnHTC al actin ram° s' - Commercial recreation, outdoor Commercial recreational facilities, indoor ~.~~ :y . Dwe-I arle°r~~f~~ro~ ~ ~ t'r n--~ ~ cam; "~ _ ,~ ~ =rd -~ ~s - - s~en ~ ri uGi ~isfi~ct _ D cleanin establishment Enclosed li ht manufacturin with related retail sales E ui ment rental businesses Financial institutions Funeral arlors Governmental buildin sand facilities Motor vehicle special 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 liquor 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 Curren#'use sing recomrriended'~o t3eJernoued Proposed Uses - •P-~mittezi l~s~s ~.: - 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 dvrellin s Zero lot line development. _~ ~Cond~tiona~ Use'Per~it. _4 __ _ -_ 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 pin centers Sin le-famil dwellin s Veterinary clinics Uses currently not allowed, recommended to be allowed ORDINANCE 10- CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING THE ELK RIVER ZONING ORDINANCE TO ADD NEW SECTION 30- 1600, PROVIDING THE CREATION OF THE MIXED USE ELK RIVER PLAZA ZONING DISTRICT The City Council of the City of Elk River does hereby ordain as follows: Section 1. That the Elk River City Code is hereby amended to add new Section 30-1600, tided, Mixed Use Elk River Plaza district, thereto, Section 30-1600 MU-ERP Mixed Use Elk River Plaza District. (a) Purpose The purpose 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 ~11 Permitted uses are as follows: a. Single Family Residential 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 dis la d. Outpatient health care facilities e. Personal service establishments f. Public parks N:\Departments\Community Development\Planning\Case Files\OA\OA 10-06 Elk River Plaza\Ordinance Fina1.DOC g. Retail shops and stores h. Sale of firearms i. Zero lot line development ~l Accessory Uses axe as follows: a. Off street harking facilities b. Off street harking facilities c. Public shelters Conditional Uses axe as follows: a. Carwashes b. Class II restaurants c. Commercial recreationyoutdoor d. Commercial recreational facilities, indoor e. Dry cleaning establishment f. Enclosed light manufacturing with related retail sales g. EquiFment rental businesses with no outdoor storage h. Financial institutions i. Funeral Parlors j. Governmental offices k. Licensed day care facilities 1. Motor vehicle s~ecialt~ shops m. Nonprofit clubs, lodges or halls n. On-sale liduor establishments o. PawnshoFs (250-foot setback from and residential zone and 500-foot setback from schools,,~arks, day care centers, churches and other ~awnsho~s, measured from the FroFert~linel p. Produce markets q. Sauna establishments r. ShoF~g_centers s. Veterinary clinics (e) Si a e (1) TemForar~si~ s as Permitted in section 30-851 et sea. (2) Permanent signs. a. One permanent area identification sign pe_r 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 development it identifies. b. One (~ 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 Fer occuFanc~. e. One on-premises menu boarder 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 messa>?e on one side only and may not contain an advertising_message. N:\Departments\Commiuuty Development\Planning\Case Files\OA\OA 10-06 Elk River Plaza\Ordinance FinaI.DOC Section 2. That the Elk River City Code is hereby amended to add new Section 30-1601, Principal Structures in the Mixed use Elk .River Plaza District as follows: Principle structures shall comply with the following dimensional requirements: District Minimum Lot Front Side Garage Dear Maximum Maximum Requirements 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. That the Elk River City Code is hereby amended to add new Section 30-1602, Principal Structures in the Mixed use Elk River Plaza District as follows: Accessory structures shall comply with the following dimensional requirements: District Front Setback* (feet) Side Setback* eet Rear 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 21St day of June, 2010. Stephanie Klinzing, Mayor ATTEST: Tina Allard, City Clerk N:\Departrnents\Community Development\Plamiiug\Case Files\OA\OA 10-06 Elk River Plaza\Ordinance FinaI.DOC