ORD 10-08iORDINANCE 10 -08
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 FOR 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, titled Mixed Use Elk River Plaza District, thereto, as follows:
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 Famft Residential
b. Two family Residential
c. Townhouse dwellings
d. Multijple Fan& Residential
(2) Accessoty uses are as follows:
a. Accessory structures
b. Public shelters
(3) Conditional uses areas follows:
a. Conditional home occupations
(c)
Subzone B. Single Family Residential
(1) Permitted uses are as follows:
a. Single Fan& Residential
Accessory Uses are as follows:
a. Accessory Structures
(3) 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 produce markets and garden centers, which may include outdoor
display
d. Outpatient health care facilities
e. Personal service establishments
S: \Public Bodies \Council \Ordinances \2010 \10 -08 OA ER Plaza District.DOC
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f. Public parks
g. Retail shops and stores
h. Sale of firearms
i. Zero lot line development
Accessory
Uses are as follows:
a.
Off street parking facilities
b.
Off street mrking 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 manufacturing_ 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 setback from any residential zone and 500 -foot setback
from schools. parks day care centers churches and other pawnshops _
measured from the property lines
p. Produce markets
q. Sauna establishments
r. Shopping centers
s. Veterinary clinics
(e) Si a e
(1) Temporary_signs as permitted in section 30 -851 et sea.
(2) Permanent signs.
a. One permanent area identification sign per 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 per occupancy.
e. One on premises menu board per drive -up or walk -up lane of a drive -in
restaurant or carwash up 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.
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Section 2. That the Elk River City Code is hereby amended to add new Section
30 -1601 as follows:
30 -1601. Principal Structures in the Mixed use Elk River Plaza District
Principle structures shall comply with the following dimensional requirements:
District
Minimum Lot
Front
Side
Garage
Rear
Maximum
Maximum
20
Requirements
Setback*
Setback*
Side*
Setback*
Lot
Height (feet)
15
0
(feet)
(feet)
(feet)
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 existing setback or the above listed setback.
Section 3. That the Elk River City Code is hereby amended to add new Section
30 -1602 as follows:
30 -1602. Accessory Structures in the Mixed use Elk River Plaza District
Accessory structures shall comply with the following dimensional requirements:
District
Front Setback*
(feet)
Side
Setback *
(feet)
Rear
Setback *
(feet)
Maximum
Height
(feet)
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 existing 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.
ATTEST:
Tina Allard, City Clerk
Steph ie Klinzing,
SAPublic Bodies \ Council \Ordinances \2010 \10 -08 OA ER Plaza District.DOC
O INANCE 10 -08
CITY F ELK RIVER
AN O INANCE OF THE
CITY F ELK RIVER
NDING THE
ELK IVER ZONING
ORD ANCE TO ADD
NEW S CTION 30.1800,
PRO ING FOR THE
CREATI N OF THE NllltED
USE E K RIVER PLAZA
ZO G DISTRICT
The City ouncil of the City of
Elk River 4 toes hereby ordain as
follows:
Section 1 That the Elk River
City Code is hereby amended to
add new Section 30 -1600, titled
Mixed Use Elk River Plaza Dis-
trict, thereto, as follows:
Section 0 -1600. MU -ERP
Mixed Use Elk River Plaza Dis-
trict.
(a) Purpc se. The purpose of
the Mixed Use Elk River Plaza
district is a codify the Planned
Unit Deve opment into a single
zoning d strict with three
sub -secti ns, Commercial,
Single Family, and Multiple
(b) Subzo a A. Multiple Fam-
ily Reside ial
(1) Perm uses are as fol-
lows:
a. Single .amily Residential
b. Two f y Residential
c. Townh se dwellings
d. Multiple Family Residential
(2) Accessory uses are as fol-
lows:
a. Accessory structures
b. Public shelters
(3) Conditional uses are as
follows:
a. Condi Tonal home occupa-
tions
(c) Subz ne B. Single Fam-
ily Reside 'al
(1) Permitted uses' are as
follows:
a. Single Family Residential
(2) Acce sory Uses are as
follows:
a. Acces ry Structures
(3) Conditional Uses are as
follows:
a. Conditional home occupa-
tions
(d) Subz ne C. Commercial
(1) Per fitted uses are as
follows:
a. Business and professional
offices
b. Class I restaurants
c. Nurseries, produce mar-
kets, and g irden centers, which
may include outdoor display
d. Outpatient health care
facilities
e. Perso aal service estab-
lishments
f. Public parks
g. Retail 3hops and stores
h. Sale oj firearms
i. Zero to line development
(2) Acce sory Uses are as
follows:
a. Off str wt parking facilities
b. Off st t parking facilities
c. Public ihelters
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA SS
COUNTY OF SHERBURNE )
Jim Boyle, being duly sworn on oath says that he is the editor of the Newspaper known
as the Star News, and has full knowledge of the facts which are stated below:
(A)The Newspaperhas complied with all ofthe requirementsconstituting qualifications
as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07 and other
applicable laws, as ammended.
(B) The printed legal notice, which is attached was cut from the columns of said
newspaper and was printed and published once a week for one week; it was first published
on Saturday, the 3rd day of July, 2010, and was therefore printed and published on every
Saturday to and including Saturday, the 3rd day ofJuly, 2010, and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being
the size and kind of type used in the composition and publication of the notice
abcdefghij klmnopgrstuvwxyz
Editor
Subscribed and sworn to before me on
this 3rd day of July, 2010
40 O QC/
Co 4f/, �FxWraQe9 C
• 3� yp
Notary Public
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users for comparable space
(2) Maximum rate allowed by law for the
above matter
(3) Rate actually charged for the above
matter
2,247,777
$ 21.00
(line, word or inch rate)
$ 15.50
(line, word or inch rate)
$ 15.00
(line, word or inch rate)
(3) Conditional Uses are as
follows:
a. Carwashes
b. Class II restaurants
c. Commercial recreation,
outdoor
d. Commercial recreational
facilities, indoor
e. Dry cleaning establish-
ment
f. Enclosed light
manufacturing 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
setback from any residential
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) Signage
(1) Temporary signs as
permitted in section 30 -851 et
seq.
(2) Permanent signs.
a. One permanent area
identification sign per neigh-
borhood, 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
iden"ea.
b. One (1) 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 per
occupancy.
e. One on- premises menu
board per drive -up or walk -up
lane of a drive -in restaurant or
carwash up 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 advertisi'hg
message.
Section 2. That the Elk River
City Code is hereby amended to
add new Section 30 -1601 as
follows:
30 -1601. Principal Structures
in the Mixed use Elk River
Plana District
Principle structures shall
comply with the following
dimensional requirements:
District, Minimum Lot
Requirements, Front Setback*
(feet), Side Setback* (feet),
Garage Side* (feet), Rear Set-
back* (feet), Maximum Lot
Coverage, Maximum Height
(feet):
Subzone A, 3.5 Acres, 15, 50,
NA, 50, .35, 3 floors or 40'
Subzone B, . 1 acres 50'
width, 25, 6, 8, 6, 0.65, 2 floors
or 35'
Subzone C, .99 acres, 35, 25,
NA, 30, NA, 45 feet
*In all cases, setbacks shall
be the lesser of existing setback
or the above listed setback.
Section 3. That the Elk River
City Code is hereby amended to
add new Section 30 -1602 as
follows:
30 -1602. Accessory
Structures in the Mixed use
Elk River Plaza District
Accessory structures shall
comply with the following
dimensional requirements:
District,Front Setback*
(feet), Side Setback* (feet),
Rear Setback* (feet), Maximum
Height (feet), 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 existing 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 Mining, Mayor
ATTEST:
Tina Allard, City Clerk
(Jy3)