4.4 PCSR 07-10-2012REQUEST FOR ACTION
TO ITEM NUMBER
Planning Commission 4.4
AGENDA SECTION MEETING DATE PREPARED BY
Planning my 10, 2012 Jeremy 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,
REVIEWED BY
Public Hearing
ACTION REQUESTED
Staff recommends approval of the ordinance amendment, as drafted in the attached ordinance.
OVERVIEW
Currently, the City zoning ordinance lists commercial or physical recreation type uses in seven different
.zoning districts, 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 traaning 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 3
Commercial Recreation
C-1 C-3 C-4 DD I-1 I-3
Commercial
Recreation C C C A 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
ORDINANCE NO. 12 -
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK ROVER AMENDING CHAPTER 30, ARTICLE 1,
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 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,~ump centers, swimming pools, 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 Ph sical recreation or trainin ' ~~ ~- ~ ~ nnn .. r....~
(d) Conditional uses. Conditional uses in the C-1 district are as follows:
(8) Commercial recreational facilitieseer.
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:
(11) Physical Recreation and Training
(d) Conditional uses. Conditional uses in the C-3 district are as follows:
(7) Commercial recreational;~ee~
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:
(6lr Physical Recreation .and Training
(d) Conditional uses. Conditional uses in the C-4 district areas follows:
(9) .Commercial Recreation
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 (f) and the site plan
review process set forth in subsection (g) of this section:
X10) Physical Recreation and Training
(c) Accessory uses. Accessory uses in the downtown district are as follows:
(81 Commercial Recreation
(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-C51 through 30-659 of this chapter:
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:
> >
(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:
X121 Commercial Recreation
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: '
(20) Commercial Recreation
Section 9. That this ordinance shall ake effect upon adoption as provided bylaw.
Passed and adopted by the City Council of the City of Elk River this day of
2012.
John J Dietz, Mayor
ATTEST:
Tina Allard, City Clerk