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5.2. PCSR 08-03-20101i Elk REQUEST FOR ACTION River TO ITEM NUMBER Plannin Commission 5.2 AGENDA SECTION MEETING DATE PREPARED BY Planning Items A t 3, 2010 Jeremy Barnhart ITEM DESCRIPTION REVIEWED By Request by City of Elk River to rezone property from I-1 (Light Industrial) and I-2 (Medium Industrial) to I-3 (General REVIEWED BY Industrial), Public Hearing -Case No. ZC 10-07 ACTION REQUESTED Change the zoning of certain properryfrom I-1 or I-2 to I-3. BACKGROUND/DISCUSSION The City Council reviewed a new zoning district at their meeting on June 15Th. The new zoning district, called General Industrial, combines the uses permitted or conditional in the existing I-1 and I-2 zoning districts. The intent is to remove less intense uses from the urban services district and encourage them in the I-3 zone, a zone intended to be outside the urban services district. As of this writing, the Council has not approved the Grdinance, directing staff to make some non- substantive changes prior to formal adoption. Formal adoption is expected August 2, 2010. The parcels are currently zoned either I-1 or I-2. The rezoning, if approved, would be consistent with the Comprehensive Plan. All permitted uses in the I-1 and I-2 zones are permitted in the I-3 zone, with the exception of water and sewage facilities. All conditional uses in the current I-2 zone are permitted in the I-3 district. The zone change is not intended or expected to alter the use of any existing businesses lawfully operating as of today. FINANCIAL IMPACT None ATTACHMENTS ^ Location Map ^ Draft of the I-3 Zoning district Action Motion by Second by Vote Follow Up N:\Departments\CommunityDevelopment\Planning\Case Files\ZC\ZC 10-07I1 and I2\ZC 10-07 I-3 staff report to PC 8-3-10.dce N:\Departments\Community Development\Planninq\Case Files\ZC\ZC 10-07 I1 and I2\Location Map.dwg, 7/21/2010 9:57:38 AM ~~~ to be removed 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 RELATING TO INDUSTRIAL ZONES IN THE URBAN SERVICE DISTRICT 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 Elk River Code of C+rdinances shall be amended as follows: Sec. 30-1292. I-1 light industrial district. (a) Purpose. 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 services 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) Light manufacturing. (2) Medical, dental, and optical labs. (3) Offices. (4) Research/designfadlities. (5) Warehouses. (6) Water/sewage treatment, municipality owned and operated, and provided written notice must be sent to all property owners within 350 feet. (7) Wholesale businesses. (c) Accessory uses. Accessoryuses 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 accessoryto 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 uses. Conditional uses in the I-1 district are as follows: (1) Outdoor storage area accessoryto 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 cites perspective to have a 24-hour-a-daycaretaker or securityperson reside on the property. n:\departments\community development\planning\case files\oa\oa 10-05 industrial zones\oa 10-05 industrial zones ordinance.doc 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 maybe 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 occupythe 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. Recycling processing centers. Bottling and distribution. ~0~_~2~6scizict~eT (10) Government buildings and facilities. (11) Broadcasting studios and facilities. (12) Truck and implement sales. (13) Commercial kennels (indoor). t1~~c6iiniic-ici~~i--r~cE~Cicciv "xr-vc:~cd,•,,•c~r-(cQipizcci~,7 1 •• °cmtnra-via~ (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 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. N:\Depattments\CommunityDevelopment\Planning\Case Files\OA\OA 10-05 Industrial Zones\OA 10-05 Industrial zones ordinance.DOC DRAFT6-8-10 Section 2. Section 30-1293 titled, I-2 medium industrial district of the City of Elk River Code of Ordinances shall be amended 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 manufacturing, production, warehousing with heavy truck traffic and other uses which may generate nominal off-site impacts. (b) Permitted uses. Permitted uses in the I-2 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. (10) Dry cleaning establishment. (c) Accessory uses. Accessory uses in the I-2 district are as follows: (1) Accessory structures. (2) Signs as permitted in section 30-851 et seq. (~ 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, heavj (4) Anunal and poultryprocessing. (5) Freight and rail yards. (6) ~ Truck terminals. A t ~ t ~~ ~" P ar ~~x e~e gs ~ Meat or fish packing. Bus, truck and implement storage, maintenance and repair. i~tfri~ztt~'2-9rtxti'xc-psaiEipen-RScvrcrn~i vpcr"~i~i-TicccSsury-vr 1.:,4,1., ao~:.-.,l,lo F.-...., b...r1, rl,o .. e.-~~ ,....,-1 ~-L.e ,.:r.J~ .-. .-.o..r:,,e N:\Depaxtments\CommuniryDevelopment\Planning\Case Files\OA\OA 10-05 Industrial Zones\OA 10-05 Industrial zones ordinance.DOC DRAFT 6-8-10 c'1~T~3P,~C-7Eit~~e-l~~E~iP,-~?rF'°,ic-~i~-=ciruc pc-rivc-v"~ra-vncpini^c-ip^~ ascis ~" . ."L,:..L, : „ low.. ~L.,... ~ n nnn .. e ~eo~ °. ~~ '.~:`.-F'rE;'F'HSf'E~-..v ,il:., e ,.aa:«:,,.,.,1 „l.le ,,,-~ ~'~"~crix=nl'-ir-F'' ,. ."7 Ll.`r~t~i--ctt~E~ ,l n~~,....,-l:~ii2~(~~rTO~ , ,11;..,....:~ .,,]„ter.-;,,1 ., D~@2i~i2E~t~ 1-~c-"•m~xq",'n'c-t9~3r nl „F t~e o,..t, ,,.1 tl,o ~J1-IIZG2O~~L~ or4~r rNnv.rten the rr ~.,~ ~# nMNn t~c 1 ~L.~ ,.l . „~ rL.e a.,-.r rl,n (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 .rtandar~lr. 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. N:\Departments\CommunityDevelopment\Planuing\Case Files\OA\OA 10-05 Industrial Zones\OA 10.05 Industrial zones ordinance.DOC DRAFT 6-8-10 Section 3. Section 30-1299 titled, I-3 general industrial district of the City of Elk River Code of Ordinances shall be added to read as follows: (b) Permitted uses. Permitted uses in the I-3 district are as follows: 1 Offices. (2) Wholesale businesses. (31 Light manuf acturing_ (41 Warehouses. (5) Auto repair shops. (61 Bottling and distribution. (7) Research and design facilities. (8) Medical, dental and optical labs. ~ Dry cleaning establishment. (cl Acce.rrory uses. Accessory uses in the I-3 district are as follows: r (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. building. ~ Signs as~ermitted in section 30-851 et seq. (3) Accessory structures. ~d Conditional uses. Conditional uses in the I-3 district are as follows: N:\Depattments\CommunityDevelopment\Planning\Case Files\OA\OA 10-05 Industrial Zones\OA 10-05 Industrial zones oirlinance.DOC DRAFT 6-8-10 Sec. 30-1299. I-3 General industrial district. (al Purbo.re. 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 (8) Governmental offices. (9) Grain and feed elevators and mills. (16) Single-family residential dwelling units accessory to principal usesLprovided 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 cites perspective located on several ad~olnmg lots,~er prlrlclpal 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 occupancyas a dwelling_unit property or the principal use of the pro-perty changes. (17) Sexually oriented land uses. (18) Temporary structures. (19) Truck terminals. law. district. Section 4. That this ordinance shall take effect upon publication as provided by 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 N:\Depaxtmerrts\CommuniryDevelopment\Planning\Case Files\OA\OA 10-05 Industrial Zones\OA 10.05 Industrial zones ordinance.DOC DRAFT 6-8-10 the proposed dwelling unit, impose additional reasonable requirements or conditions on the construction and use of the dwelling unit.