7.5 SR 07-16-2012REQUEST FOR ACTION
TO ITEM NUMBER
Ma or and Ci Council 7.5
AGENDA SECTION MEETING DATE PREPARED BY
Public Hearin s ul 16, 2012 erem Barnhart, Plannin Mana er
ITEM DESCRIPTION REVIEWED By
Ordinance Amendment Regarding Commercial Recreation Uses, Cal Portner, Ci Administrator
Case No. OA 12-03 REVIEWED BY
ACTION REQUESTED
Adopt ordinance regarding commercial recreation uses.
BACKGROUND/DISCUSSION
Recognizing that the zoning regulations as they apply to commercial recreation and physical recreation
and training uses are confusing, contradictory, and in need of review, the Council authorized the review
of possible changes in April of 2012.
Commercial recreation-type uses are in seven different zoning districts and under 13 different land use
names, five of which are defined.
The proposed ordinance retains the two predominate definitions: Physical Recreation and Training (PRT)
and Commercial Recreation Facility (CRF). PRT are typically smaller uses in existing storefronts and
include karate, dance, mixed martial arts, etc. CRF axe generally larger, more impactfizl uses, requiring
large, open spaces. These uses include gymnasiums, bowling alleys, ice rinks, jump centers, gymnastics,
and tennis courts. The commercial recreation indoor and outdoor definitions are removed.
Staff proposes that PRT uses axe permitted in the C-1, C-3, C-4, and DD zoning districts. CRF uses are
conditionally permitted in the C-1, C-3, C-4, DD (as accessory uses), I-1, and I-3 zoning districts. None
of these uses would be permitted in the business park zoning district. The attached Planning
Commission packet further illustrates the changes.
Planning Commission Comment
Planning Commissioners reviewed the ordinance at their meeting on July 10. Commissioners had no
concerns with the ordinance as drafted.
Public Comment
No comments for or against the proposal have been received.
ATTACHMENTS
^ Ordinance
^ Planning Commission Packet dated July 10, 2012.
Action Motion by Second by Vote
N:\PubGc Bodies\Ciry Council\Council RCA\Agenda Packet\07-16-2012\OA 12-03 Commercial Rec SR to CC 7-16-
12.docx
ORDINANCE NO. 12 -
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING CHAPTER 30, ARTICLE I,
SECTION'30-I, DEFINITIONS, AND CHAPTER 30, ARTICLE VI, DIVISION 7,
COMMERCIAL OR BUSINESS DISTRICTS AND DIVISION 8 INDUSTRIAL AND
BUSINESS PARK DISTRICTS, OF THE ELK RIVER MINNESOTA, CITY CODE ALL
PERTAINING TO COMMERCIAL RECREATION AND PHYSICAL RECREATION AND
TRAINING USES.
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. That Section 30-1 of the City of Elk River Code of Ordinances, titled
Definitions, shall be amended as follows:
The following new definitions shall be added:
Golf Courses and country clubs means an area or course for playing golf, consisting of at
least nine holes, excluding miniature golf, within which the playing area is not artificially
illuminated. Clubhouse and shelters are accessory structures.
Public Parks, playgrounds and open space or Public Parks means public land available for
recreational, educational, cultural, or aesthetic use, which may include recreational features,
including play structures. Any area designated by the city as a park.
The following definitions shall be amended:
Commercial recreation facility means anon-governmental building, structure or open
space, operated by a profit or non-profit entity and open to the general public and used for
sports activities of amusement. Such facilities may include batting cages, bowling alleys, cart
tracks, golf domes, gymnasiums ice rinks, jump centers, swimming fools, tennis courts,
volleyball courts and other leisure uses.
Section 2. That section 30-1022 titled C-1 central business district of the City of Elk
River Code of Ordinances, shall be amended to read as:
(b) Permitted uses Permitted uses in the C-1 district are as follows:
(11) Physical Recreation or Training,
(d) Conditional uses Conditional uses in the C-1 district are as follows:
(8) Commercial Recreational Facility.
Section 3. That section 30-1024 titled C-3 central business district of the City of Elk
River Code of Ordinances, shall be amended to read as:
(b) Permitted uses. Permitted uses in the C-3 district are as follows:
~1) Physical Recreation and Training
(d) Conditional uses. Conditional uses in the C-3 district are as follows:
(7) Commercial Recreational Facility~ae~
Section 4. That section 30-1025 titled C-4 community commercial of the City of Elk
River Code of Ordinances, shall be amended to read as:
(b) Permitted uses. Permitted uses in the C-4 district are as follows:
(6) Physical Recreation and Training
(d) Conditional uses. Conditional uses in the C-4 district are as follows:
(9) .Commercial Recreation Facility
Section 5. That section 30-1026 titled DD Downtown District of the City of Elk River
Code of Ordinances, shall be amended to read as:
(a) Permitted uses The following uses shall be permitted uses in the downtown district,
subject to the design standards set forth in subsections (e) and (fl and the site plan
review process set forth in subsection (g) of this section:
X101 Physical Recreation and Training
(d) Conditional uses The following uses shall be conditional uses in the downtown district,
subject to the design standards set forth in subsections (e) and (f) and the procedures
and standards for the approval of conditional use permits set forth in sections 30-
651 through 30-659 of this chapter:
(7) Commercial Recreational Facility, accessory to~ermitted or conditional
principle use.
Section 6. That section 30-1294 titled BP business park district of the City of Elk River
Code of Ordinances, shall be amended to read as follows:
(b) Permitted uses. Permitted uses in the BP district are as follows:
(1) Permitted uses allowed are as follows:
> >
Iri
(d) Conditional uses. Conditional uses in the BP district are as follows:
> >
Section 7. That section 30-1292 titled I-1 light industrial district of the City of Elk River
Code of Ordinances, shall be amended to add:
(d) Conditional uses Conditional uses in the I-1 district are as follows:
(121 Commercial Recreation Facility
Section 8. That section 30-1295 titled I-3 general industrial district of the City of Elk
River Code of Ordinances, shall be amended to add:
(d) Conditional uses. Conditional uses in the I-3 district are as follows:
j20) Commercial Recreation Facility
Section 9. That this ordinance shall take effect upon adoption as provided by law.
Passed and adopted by the Ciry Council of the City of Elk River this 16~ day of July, 2012.
John J Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
QOp~7
REQUEST FOR ACTION
TO ITEM NUMBER
Planning Commission 4.4
AGENDA SECTION MEETING DATE PREPARED BY
Planning Ju1~- 10, 2012 Terem~= Barnhart, Planning Manager
ITEM DESCRIPTION REVIEWED By
Request by City of Elk River for Ordinance Amendment Jeremy Barnhart, Planning Manager
Regarding Commercial Recreation Uses, Case No. OA 12-03,
Public Hearing REVIEWED BY
ACTION REQUESTED
Staff recommends approval of the ordinance amendment, as drafted in the attached ordinance.
OVERVIEW
Currently, the City zoning ordinance lists commercial or phy=sical recreation type uses in seven different
.zoning disti7cts, and under 13 different land use names, five of which are defined.
This type of distribution and description is unnecessarily difficult to administer and often confusing to
the land or business owner. It is possible that the current regulations have been overthought.
The City Code currently defines the following uses:
Commercial recreation facility means anon-governmental building, structure or open space,
operated by a profit or non-profit entity and open to the general public and used for sports activities
of amusement. Such facilities may include bowling alleys, tennis courts volleyball courts and other
leisure uses.
Commercial recreation, indoor means a commercial recreation facility primarily for indoor uses,
such as bowling alleys and swimming halls, but excluding golf domes.
Commercial recreation, outdoor means a commercial recreation facility primarily for outdoor uses,
such as golf driving ranges, volleyball courts, tennis courts and golf domes.
Physical recreation or training means a business that provides physical exercise, training or
recreation equipment and/ or space for use on site. Health and fitness centers, dance studios, and
gymnastics facilities shall be considered examples of such use. Training or self-improvement shall be
an important component of the activity, and differentiate it from commercial recreation uses, where
sport is the predominate activity.
Case File: OA 12-03
Page 2
Commercial Recreation
ANALYSIS
Commercial recreation uses, when indoors, require large clear open space; the type of space commonly
found in buildings originally constructed for industrial, manufacturing, or warehousing uses in industrially
zoned areas. Often these types of buildings are incompatible in office, or central business districts, due
to the scale of the building within the established neighborhood.
Commercial recreation when used outdoors (volleyball/ tennis courts,etc.) often are very risible to the
neighboring properties, thus impacting the character of the neighborhood. Staff feels that these impacts
can be appropriately mitigated via the conditional use permit process.
The Planning Commission and Council must evaluate the benefits these uses bring to the quality of life
of the residents (via diversity of entertainment, exercise, and training options), the desire to maintain an
appropriate scale in the existing commercial neighborhoods versus locating these businesses in an
industrial area does remove some of the capacity for these areas to support employment and
manufacturing opportunities. With conditions, these uses are currently allowed in the BP zoning district.
Staff proposes removing these uses from the Business Park Zoning district as these are prime job growth
areas.
In most cases, the use of a space by a commercial recreation business does not impact the tax generation
capabilities of the building it is housed in; most commercial recreation businesses are for profit.
Staff proposes the following changes to the ordinance, intended to simplify the regulations and allow
these uses in .areas where they are appropriate, given their space needs and the City's desire to provide
high quality industrial land for job growth.
These changes are summarized in the chart below.
The following new definitions would be added:
Golf Courses anc~ country clubs means an area or course for playing golf, consisting of at least nine
holes, excluding miniature golf, within which the playing area is not artificially illuminated.
Clubhouse and shelters are accessory structures.
Public Parks means public land available for recreational, educational, cultural, or aesthetic use,
which may include recreational features, including play structures. Any area designated by the city as
a park.
The following definitions would be amended:
Commercial recreation facility means anon-governmental building, structure or open space,
operated by a profit or non-profit entity and open to the general public and used for sports activities
of amusement. Such facilities may include bowling alleys, cart tracks, jump centers, gymnasiums,
ice rinks, tennis courts, volleyball courts and other similar leisure uses.
OA 12-03 Commercial Recreation SR to PC 7-1(I-12
Case File: OA 12-03
Page 3
Commercial Recreation
... -. C-1 C-3 C-4 DD I-1 I-3
Commercial
Recreation C C C ~ C C
Physical Rec and
Training P P P P
The existing ordinance prescribes the following regulations:
C-1 C-2 C-3 C-4 DD BP Notes
Commercial
Recreation C
Commercial
Rec Indoor C C
Commercial
Rec Outdoor C
Physical Rec
and Training P*, C* C* C P**,C** *Size restriction.
** Size and land
use restrictions
ATTACHMENTS
• Draft Ordinance
Action Motion by Second by Vote
Follow Up
OA 12-03 Commercial Recreation SR to PC 7-10-12