3.5. SR 08-02-2010REQUEST FOR ACTION
To Item Number
Ci Council 3.5.
Agenda Section Meeting Date Prepared by
Consent Au ust 2, 2010 erem Barnhart, Plannin Mana er
Item Description Reviewed by
Request by City of Elk River for Ordinance Amendment
Regarding I-1 and I-2 Industrial Zones in the Urban Service Reviewed by
District -Case No. OA 10-05
Action Requested
Staff and the Planning Commission recommend approval.
Bacl~ground/Discussion
The City Council held the public hearing and provided comment regarding this item at their meeting on
June 21. At that time, after closing the public hearing, the Council directed staff to make some non-
substantive changes to be approved at a later date.
Staff has made those corrections and supports the ordnance as ready for adoption.
Careful review of the ordinance confirms that uses allowed in the I-1 and I-2 are permitted in the I-3, and
the conditional uses in the I-2 zone are conditional in the I-3. In effect, this will increase the intensity of
the I-1 zoned areas in the SE corner of the City.
Attachments
• Staff report to Planning Commission dated June 8, 2010
• Ordinance
Action Motion by Second by Vote
FOllow Up
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REQUEST FOR ACTION
To Item Number
Planning Commission 5.5.
Agenda Section Meeting Date Prepared by
Planning Items June S, ?010 JeremyBarnhart, Planning Manager
{tem Description Reviewed by
Request by City of Elk River for Crddinance Amendment Jerem Barnhart, Plannin Mana er
Regarding I-1 and I-2 Industrial Zones in the Urban Service Reviewed by
District, Public Hearing -Care 170. OA 70-OS
Action Requested
Staff recommends approval of the ordinance as drafted.
Problem Statement
Staff is concerned that land uses that do not require water or sewer, or high capacity street infrastructure
(for example, mini storage), if located in areas with those services, reduce the abilityfor the City to attract
businesses and operations employing greater numbers of people, in part because there is less land
available for them.
Employment is predominantly centered in the Business Park and industrial zones, and land available in
these zones is dwindling. The majority of these areas are developed. (The Focused Area Study identifies
some areas focused toaTard job creation, but much of that is redevelopment, and therefore, more
expensive. Secondly, it is anticipated that the mining area will host large scale employment in the future,
but due to the ongoing mining operations, and the cost to extend water and sewer, this is not expected
until well into the future.)
Background/Discussion
While all non residential zones provide for employment, the areas of the cityfocused for employment
growth are the industrial (I-1, I-2) and business park (BP) zones. Employment areas generally require
water and sanitary sewer, higher quality access routes for both personal and delivery vehicles, and
personal amenities. Proximityto services (food, shopping, and personal care) and proximity to
recreational amenities (walking, green space, etc) have also been identified as desirable qualities for
employment growth.
There are several I-1, I-2, and business park zones scattered throughout the city, mostly along Hwy 10
and the southern portion of County Rd 1. About a third of these areas are outside of the urban services
district. Areas outside of the urban services district are not expected to have water and sewer extended to
them.
Because it is difficult to deny an application for a ministorage business in the sewered area of the city (a
conditional use in the current ordinance), Staff suggests developing anew zoning district, entitled General
Industrial. The general industrial is proposed as a mix of I-1 and I-2 permitted and conditional uses that
Case File: OA 10.05
Page 2
~ ,
Industrial zones
do not require major infrastructure or citywater and sewer. This zone would be applied to areas that
meet the following standards:
Industrially guided property, outside of the urban services district and not likelyto be incorporated
into the urban services district.
Financial Impact
None
Attachments
• Location Map
Draft ordinance
Action Motion by Second by Vote
Follow Up
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ORDINANCE _ _
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION OF THE ELK RIVER, MINNESOTA, CITY CODE
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 30-1292 titled, I-1 light industrial district of the City of E]k
River Code of Ordinances shall be amended by striking the following: to read as follows:
Sec. 30-1292. I-1 light industrial district.
(a) Pu~~o.re. The I-1 district shall serve as a transition between more industrial uses and
residential and other business uses. This district is appropriate for manufacturing, warehousing, and
similar industrial uses because of access to warehousing, thoroughfares, the full complement of
urban serG~ices such as sewer and water, and distance from residential districts. These areas are
intended to encourage the development of industrial uses which are clean, quiet, and free of
hazardous or objectionable elements such as noise, odor, dust, smoke, glare, or other pollutants.
These industries shall be compatible with each other and with surrounding land uses.
(b) Permitted uses. Permitted uses in the I-1 district are as follows:
(1) Offices.
(2) Warehouses.
(3) Research/design facilities.
(4) Wholesale businesses.
(5) Medical, dental, and optical labs.
(6) Light manufacturing.
(~ Water/sewage treatment, municipality owned and operated, and provided
written notice must be sent to all property owners within 350 feet.
(c) Accessory u.re.r. Accessory uses in the I-1 district are as follows:
(1) Retail sales, provided:
a. The retail sales activity is not located in an administrative office facility,
but is located within a business, the principal use of which is not
commercial sales.
b. The retail sales activity does not occupy more than 15 percent of the
gross floor area of the occupied quarters.
c. The retail sales activity is accessory to the principal use.
d. No sign identifying the retail sales is visible from the outside of the
building.
(2) Signs as permitted in section 30-851 et seq.
(d) Conditional u.re.r. Conditional uses in the I-1 district are as follows:
(1) Outdoor storage area accessory to principal use.
(2) Single-family residential dwelling units accessory to principal uses, provided
that:
a. The nature of the principal use of the property makes it necessary or
highly desirable from both the property owner's and the city's perspective
to have a 24-hour-a-day caretaker or securit3T person reside on the property.
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b. The proposed dwelling unit is designed for and will be used exclusively
by caretakers or security personnel responsible for the security= of the
property and the principal use thereof.
c. The proposed building unit will be occupied by= no more than two
persons, neither of u=hom may be under 18 y=ears of age.
d. There will be only one dwelling unit per lot or, if one principal use is
located on several adjoining lots, per principal use.
e. The proposed dwelling unit will not exceed 800 square feet uz size and
will be located within a building serving the principal use of the property
which is no less than 10,000 square feet in size.
£ The principal use of the property is not of such a nature that it would be
dangerous or hazardous to residents of the proposed dwelling unit.
g. The proposed dwelling unit meets all other requirements of this Code
and Minnesota Uniform Building Code for occupancy as a dwelling unit by
a single family. The city council may, if it finds it necessary to do so for the
protection of the health, safety and welfare of persons who may occupy= the
proposed dwelling unit, impose additional reasonable requirements or
conditions on the construction and use of the dwelling unit.
h. The conditional use allowing such a dwelling unit in an industrial zone
is deemed to be unique to the principal use of the property= and the
ownership of the property and the principal use. Any conditional use
permits granted under this section shall therefore automatically= expire if the
principal use of the property= changes or the ownership of either the
property= or the principal use of the property changes.
(3) Recycling processing centers.
(4) Bottling and distribution.
(10) Government buildings and facilities.
(11) Broadcasting studios and facilities.
(12) Truck and implement sales.
(13) Commercial kennels (indoor).
(15) Bus storage. Not to exceed ten buses, unless the property has direct access to
an arterial or collector street.
(16) Dry cleaning establishment.
(17) Governmental offices.
(e) Architectural standards. No pro~rision of section 30-938 except subsection 30-938(2)
pertaining to building finish and subsection 30-938(3) pertaining to roofs applies to this
district.
Section 2. Section 30-1293 tided, I-2 medium industrial district of the City of
Elk River Code of Ordinances shall be amended by striking the following: to read as
follows:
Sec. 30-1293. I-2 medium industrial district.
(a) Purpose. The I-2 district is intended to accommodate more intense manufacturing and
processing than would be allowed in the I-1 district. Proposed uses would include
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manufacturing, production, warehousing with heavy truck traffic and other uses which may
generate nominal off-site impacts.
(b) Permitted urer. Permitted uses in the I-2 district are as follows:
(1) Offices.
(2) tklholesale businesses.
(3) Light manufacturing.
(4) Warehouses.
(~) Auto repair shops.
(6) Bottling and distribution.
(7} Research and design facilities.
(8) Medical, dental and optical labs.
(9) All uses allowed as a permitted use in the I-1 zone.
(10) Dry= cleaning establishment.
(c) Acc~e.crory uses. Accessory= uses in the I-2 district are as follows:
(1} Accessory structures.
(2) Signs as permitted in section 30-851 et seq.
(d) Conditional uses. Conditional uses in the I-? district are as follows:
(1) Conrxete/asphalt products and processing..
(2) Foundry, casting, or forging metals.
(3) Manufacturing, heavy.
(4) Animal and poultry processing.
(~) Freight and rail yards.
(6) Truck termuials.
(8) Rerycling processing centers.
- ..,
(11) Meat or fish packing.
(12) Water and sewage treatment.
(13) Outdoor storage area accessory to principal use.
(14) Bus, truck and implement storage, maintenance and repair.
(16) Single-family residential dwelling units accessory to principal uses, provided
that:
a. The nature of the principal use of the property makes it necessary or
highly desirable from both the property owner's and the city's perspective
to have a 24-hour-a-day caretaker or security person reside on the property.
b. The proposed dwelling unit is designed fox and mill be used exclusively
by caretakers or security personnel responsible for the security= of the
property= and the principal use thereof.
c. The proposed dwelling unit will be occupied by no more than two
persons, neither of whom may be under 18 years of age.
d. There shall be only one dwelling unit per lot or, if one principal use is
located on several adjoining lots, per principal use.
e. The proposed dwelling unit will not exceed 800 square feet in size and
will be located within a building serving the principal use of the property
which is no less than 10,000 square feet in size.
f The principal use of the property is not of such a nature that it would be
dangerous or hazardous to residents of the proposed dwelling unit.
g. The proposed dwelling unit meets all other requirements of this Code
and the Minnesota Uniform Building Code for occupancy as a dwelling unit
by a single family. The city council may, if it finds it necessary to do so for
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the protection of the health, safety and welfare of persons who may occupy
the proposed dwelling unit, impose additional reasonable requirements or
conditions on the construction and use of the dwelling unit.
h. The conditional use allowing such a dwelling unit in an industrial zone
is deemed to be unique to the principal use of the property- and the
ownership of the property and the principal use. Any conditional use
permits granted under this section shall therefore automatically expire if the
principal use of the property changes or the ownership of either the
property- or the principal use of the property changes.
(17) Temporary structures.
(18) Government buildings and facilities.
(19) Ministorage.
(20) All uses allowed as a conditional use in the I-1 zone.
(21) Governmental offices.
(e) Architectural standards. No provisions of section 30-938 except subsection 30-9M(2)
pertaining to exterior building finish and subsection 30-938(3) pertaining to roofing
standards applies to this district.
Section 3. Section 30-1299 titled, I-3 general industz7al district of the City of
Elk River Code of Ordinances shall be added to read as follo~~s:
Sec. 30-1299. I-3 General industrial district.
(a) Purpose. The I-3 district shall serve as a general industrial zone to provide area for
industrial development not requiring municipal water and sewer. This district is appropriate for
manufacturing, warehousing, and similar industrial uses because of access to warehousing. These
areas are intended to encourage the development of industrial uses which are clean, quiet, and free of
hazardous or objectionable elements such as noise, odor, dust, smoke, glare, or other pollutants.
These industries shall be compatible with each other and with surrounding land uses.
(b) Permitted uses. Permitted uses in the I-3 district are as follows:
(1) Offices.
(2) Warehouses.
(3) Research/design facilities.
(4) Wholesale businesses.
(5) Medical, dental, and optical labs.
(6) Light manufacturing.
(7) ~YJarehouses.
(8) Auto repair shops.
(9) Bottling and distribution.
(10) Medical, dental and optical labs.
(11) Dry cleaning establishment.
(12) All uses allowed as a permitted use in the I-1 zone.
(c) Accessory uses. Accessory uses in the I-1 district are as follo~~s:
(1) Retail sales, provided:
a. The retail sales activity is not located in an administrative office facility,
but is located within a business, the principal use of which is not
commercial sales.
b. The retail sales activity does not occupy more than 15 percent of the
gross floor area of the occupied quarters.
c. The retail sales activity is accessory to the principal use.
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d. No sign identifying the retail sales is ~-isible from the outside of the
building.
(2) Signs as permitted in section 30-851 et seq.
(3) Accessory structures.
(d) Conditional uses. Conditional uses in the I-3 district are as follows:
(1) Recycling processing centers.
(2) Bottling and distribution.
(3) Ministorage.
(4) Auto repair shops.
(5) Grain and feed elevators.
(6) Temporary structures.
(7) Government buildings and facilities.
(8) Broadcasting studios and facilities.
(9) Truck and implement sales.
(10) Commercial kennels (indoor).
(11) Commercial recreation, outdoor (unplatted land only).
(12) Bus storage. Not to exceed ten buses, unless the property has direct access to
an arterial or collector street.
(13) Dry cleaning establishment.
(14) Concrete/asphalt products and processing.
(15) Foundry, casting, or forging metals.
(16) Manufacturing, heavy.
(17) Animal and poultry processing.
(18) Freight and rail yards.
(19) Truck terminals.
(20) Junl~yards, auto wrecking and storage, and salvage yards.
(21) Grain and feed elevators and mills.
(22) Chemical storage/bulk storage of fuel, e.g., petroleum.
(23) Meat or fish packing.
(24) ~X~ater and sewage treatment.
(25) Outdoor storage area accessory to principal use.
(26) Bus, truck and implement storage, maintenance and repair.
(27) Sexually oriented land uses.
(28) Single-family residential dwelling units accessory to principal uses, provided
that:
a. The nature of the principal use of the property makes it necessary or
highly desirable from both the property owner's and the city's perspective
to have a 24-hour-a-day caretaker or security person reside on the property.
b. The proposed dwelling unit is designed for and will be used exclusively
by caretakers or security personnel responsible for the security of the
property and the principal use thereof.
c. The proposed dwelling unit will be occupied by no more than two
persons, neither of whom may be under 18 years of age.
d. There shall be only one dwelling unit per lot or, if one principal use is
located on several adjoining lots, per principal use.
e. The proposed dwelling unit will not exceed 800 square feet in size and
will be located within a building serving the principal use of the property
which is no less than 10,000 square feet in size.
£ The principal use of the property is not of such a nature that it would be
dangerous or hazardous to residents of the proposed dwelling unit.
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g. The proposed dwelling unit meets all other requirements of this Code
and the Minnesota Uniform Building Code for occupancy- as a dwelling unit
by a single family. The city council may, if it finds it necessary to do so for
the protection of the health, safety and welfare of persons who map occupy
the proposed dwelling unit, impose additional reasonable requirements or
conditions on the construction and use of the dwelling unit.
h. The conditional use allowing such a dwelling unit in an industrial zone
is deemed to be unique to the principal use of the property and the
ownership of the property and the principal use. Any conditional use
permits granted under this section shall therefore automatically expire if the
principal use of the property changes or the ownership of either the
property or the principal use of the property changes.
(e) Architectural .rtanda~dr. No provision of section 30-938 except subsection 30-938(2)
pertaining to building finish and subsection 30-938(3) pertaining to roofs applies to this
district.
Section 4. That this ordinance shall take effect upon publication as pro~~ided by
law.
Passed and adopted by the City Council of the City of Elk River this day of
20_
Stephanie Klinzing, Mayor
ATTEST.
Tina Allard, City- Clerk
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Underlines to be added
ORDINANCE 10-
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
CHAPTER 30 OF THE ELK RIVER, MINNESOTA, CITY CODE TO ADD A
NEW INDUSTRIAL ZONING DISTRICT, THE I-3 GENERAL INDUSTRIAL
ZONING DISTRICT, AND TO IDENTIFY THE USES ALLOWED AND
ARCHITECTURAL STANDARDS APPLICABLE IN THE I-3 DISTRICT.
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. That Section 30-1292 (d) of the City of Elk River code of ordinances
shall be amended to read as follows:
Sec. 30-1292. I-1 light industrial district.
(d) Conditional uses. Conditional uses in the I-1 district are as follows:
(1) Outdoor storage area accessory to principal use.
(2) Single-family residential dwelling units accessory to principal uses, provided
that:
a. The nature of the principal use of the property makes it necessary or
highly desirable from both the property owner's and the city's perspective
to have a 24-hour-a-day caretaker or security person reside on the property.
b. The proposed dwelling unit is designed for and will be used exclusively
by caretakers or security personnel responsible for the security of the
property and the principal use thereof.
c. The proposed building unit will be occupied by no more than two
persons, neither of whom may be under 18 years of age.
d. There will be only one dwelling unit per lot or, if one principal use is
located on several adjoining lots, per principal use.
e. The proposed dwelling unit will not exceed 800 square feet in size and
will be located within a building serving the principal use of the property
which is no less than 10,000 square feet in size.
f. The principal use of the property is not of such a nature that it would be
dangerous or hazardous to residents of the proposed dwelling unit.
g. The proposed dwelling unit meets all other requirements of this Code
and Minnesota Uniform Building Code for occupancy as a dwelling unit by
a single family. The city council may, if it finds it necessary to do so for the
protection of the health, safety and welfare of persons who may occupy the
proposed dwelling unit, impose additional reasonable requirements or
conditions on the construction and use of the dwelling unit.
h. The conditional use allowing such a dwelling unit in an industrial zone
is deemed to be unique to the principal use of the property and the
ownership of the property and the principal use. Any conditional use
permits granted under this section shall therefore automatically expire if the
principal use of the property changes or the ownership of either the
property or the principal use of the property changes.
(3) Recycling processing centers.
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(4) Bottling and distribution.
(10) Government buildings and facilities.
(11) Broadcasting studios and facilities.
(12) Truck and implement sales.
(13) Commercial kennels (indoor).
(15) Bus storage. Not to exceed ten buses, unless the property has direct access to
an arterial or collector street.
(16) Dry cleaning establishment.
(1~ Governmental offices.
(e) Architectural standards. No provision of section 30-938 except subsection 30-938(2)
pertaining to building finish and subsection 30-938(3) pertaining to roofs applies to this
district.
Section 2. That Section 30-1293 (d) of the City of Elk River code of ordinances
shall be amended to read as follows:
Sec. 30-1293. I-2 medium industrial district.
(d) Conditional uses. Conditional uses in the I-2 district are as follows:
(1) Concrete/asphalt products and processing.
(2) Foundry, casting, or forging metals.
(3) Manufacturing, heavy.
(4) Animal and poultry processing.
(5) Freight and rail yards.
(6) Truck terminals.
•,
(11) Meat or fish packing.
(14) Bus, truck and implement storage, maintenance and repair.
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(17) Temporary structures.
(18) Government buildings and facilities.
(20) All uses allowed as a conditional use in the I-1 zone.
(21) Governmental offices.
(e) Architectural standards. No provisions of section 30-938 except subsection 30-938(2)
pertaining to exterior building finish and subsection 30-938(3) pertaining to roofing
standards applies to this district.
Section 3. That Section 30-1299 titled, I-3 General Industrial District shall be
added to the City of Elk River Code of Ordinances and shall read as follows:
Sec. 30-1299. I-3 General industrial district.
(a) Purpose. The I-3 district shall serve as a general industrial zone to provide area for
industrial development not requiring municipal water and sewer. This district is appropriate for
manufacturing, warehousing, and similar industrial uses because of access to warehousing. These
areas are intended to encourage the development of industrial uses which are clean, quiet, and free of
hazardous or objectionable elements such as noise, odor, dust, smoke, glare, or other pollutants.
These industries shall be compatible with each other and with surrounding land uses.
(b) Permitted uses. Permitted uses in the I-3 district are as follows:
(1) Offices.
(2) Wholesale businesses.
(3) Light manufacturing.
(4) Warehouses.
(5) Auto repair shops.
(6) Bottling and distribution.
(7) Research and design facilities.
(8) Medical, dental and optical labs.
(9) Dry cleaning establishment.
(c) Accessory uses. Accessory uses in the I-3 district are as follows:
(1) Retail sales, provided:
a. The retail sales activity is not located in an administrative office facility,
but is located within a business, the principal use of which is not
commercial sales.
\\tsclient\N\Public Bodies\City Council\Ordinances\2010\OA 10-05 Industrial zones ordinance.DOC DRAFT 6-8-10
b. The retail sales activity does not occupy more than 15 percent of the
gross floor area of the occupied quarters.
c. The retail sales activity is accessory to the principal use.
d. No sign identifying the retail sales is visible from the outside of the
building.
(2) Signs as permitted in section 30-851 et seq.
(3) Accessory structures.
(d) Conditional uses. Conditional uses in the I-3 district are as follows:
(1) Animal and poultry processing.
(2) Bus, truck and implement storage, maintenance and repair.
(3) Chemical storage/bulk storage of fuel, e.g., petroleum.
(4) Concrete/asphalt products and processing.
(5) Foundry, casting, or forging metals.
(6) Freight and rail yards.
(7) Government buildings and facilities.
(8) Governmental offices.
(9) Grain and feed elevators and mills.
(10) Junkyards, auto wrecking and storage, and salvage yards.
(11) Manufacturing, heavy.
(12) Meat or fish packing.
(13) Ministorage.
(14) Outdoor storage area accessory to principal use.
(15) Rerycling processing centers.
(16) Single-family residential dwelling units accessory to principal uses, provided
that:
a. The nature of the principal use of the property makes it necessary or
highly desirable from both the property owner's and the city's perspective
to have a 24-hour-a-day caretaker or security person reside on the property.
b. The proposed dwelling unit is designed for and will be used exclusively
by caretakers or security personnel responsible for the security of the
property and the principal use thereof.
c. The proposed dwelling unit will be occupied by no more than two
persons, neither of whom may be under 18 years of age.
d. There shall be only one dwelling unit per lot or, if one principal use is
located on several adjoining lots, per principal use.
e. The proposed dwelling unit will not exceed 800 square feet in size and
will be located within a building serving the principal use of the property
which is no less than 10,000 square feet in size.
£ The principal use of the property is not of such a nature that it would be
dangerous or hazardous to residents of the proposed dwelling unit.
g. The proposed dwelling unit meets all other requirements of this Code
and the Minnesota Uniform Building Code for occupancy as a dwelling unit
by a single family. The city council may, if it finds it necessary to do so for
the protection of the health, safety and welfare of persons who may occupy
the proposed dwelling unit, impose additional reasonable requirements or
conditions on the construction and use of the dwelling unit.
h. The conditional use allowing such a dwelling unit in an industrial zone
is deemed to be unique to the principal use of the property and the
ownership of the property and the principal use. Any conditional use
permits granted under this section shall therefore automatically expire if the
\\tsclient\N\Public Bodies\City Council\Ordinances\2010\OA 10-05 Industrial zones ordinance.DOC DRAFT G-8-10
principal use of the property changes or the ownership of either the
property or the principal use of the property changes.
(17) Sexually oriented land uses.
(18) Temporary structures.
(19) Truck terminals.
(e) Architectural standards. No provision of section 30-938 except subsection 30-938(2)
pertaining to building finish and subsection 30-938(3) pertaining to roofs applies to this
district.
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 2nd day of August,
2010.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
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