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4.3 PCSR 07-10-2012REQUEST FOR ACTION ver TO ITEM NUMBER Plannin Commission 4.3 AGENDA SECTION MEETING DATE PREPARED BY Planning Ju110, 2012 Jeremy Barnhart, Planning Manager ITEM DESCRIPTION REVIEWED By Request by City of Elk River to Rezone certain portions of the erem Barnhart, Plannin Mana er Nature's Edge Business Center to Business Park (I'B) and REVIEWED BY Highway Business (C-3) of Edge Business Center -Public Hearin -Case No. ZC 12-03 ACTION REQUESTED Staff recommends approval of the rezoning application as presented. OVERVIEW The EDA proposes rezoning of the city-owned. land. to Business Park and. Highway Commercial,. based on the. Focused Area Study that was approved by the City. Council in 2010. The property is currently zoned Light Industrial or Highway Commercial BACKGROUND/PRECEDENT The subject property is in the process of being final platted, to be consistent with the Focused Area Study. The FAST Study identifies three primary land uses on the. subject property, including Transit Center (TC), Jobs area QA), Destination Retail (DR). Transit center (TC) is suggested for the NE corner of the subject property, nearer the train station. TC suggests 2-5 story buildings, ground retail/offices, and upper level offices and residential with street and structured parking. The city is restricted from introducing residential to this property, due to an agreement with Cargill. With this restriction, the existing land uses in the area, and the Comprehensive Plan designation for the property, staff suggests business zoning as most consistent with applicable agreements and the goals of the FAST Study. Destination retail suggests 1-2 story buildings with surface parking lots. Due to the lack of immediate access off of Highway 10, retail uses in this area will be destinations. From a use and intensity perspective, destination retail is most similar to Highway Commercial (C-3). Applicant City of Elk River Location/ Address Approximately 90 acres south of 171", west of the railroad tracks... 60 Day Rule The City must take action by July 29th The Jobs area suggests large office and manufacturing buildings, very similar in nature to the Business Park zoning district Case File: ZC 72-03 NEBC Aage 2 Natures Edge Business Center The property is currently zoned I-1 (Light Industrial) and C-3 (Highway Business). The boundary between these two districts is roughly a diagonal line running SE from a private driveway west of the site. The boundary of the districts is proposed to follow property lines or, where none exists, APPLICABLE REGULATIONS Rezoning In reviewing a proposed amendment, consideration shall be given to existing conditions within the area directly and indirectly affected by the proposal, the conservation of property values, the use to which the property affected is being devoted at the time, and relevant provisions, if any, in the land use plan. ANALYSIS In the 2004 Comprehensive Plan, the subject property is guided Light Industrial (east half) and Highway Business (west half). Highway Business guided properties are almost always zoned C-3, although Mulvany Point (Abra) and the undeveloped property at Highway 10 and 165th Avenue is zoned Business Park. (Others not zoned C-3 are zoned PUD and developed consistent with Highway Business.) Light Industrial-guided properties are either zoned Business Park (BP e.g. Elk River Business Park), Light Industrial (I-1 e.g. Elk River Industrial Park), or General Industrial (I-3 e.g. Renner Addition.) Comprehensive .Plan The rezoning of the property as suggested by staff is consistent with the Comprehensive Plan in place and the Focused Area Study. Alternative Urban Area Review Prior to the development of the Natures Edge Business Center, the. city completed an Alternative Urban Area Review (AUAR) to evaluate the impacts of the development from an environmental, utility, and traffic perspective. This review, completed in 2011 and approved by the. City Council, noted that the proposed uses were not significantly more intense that the current zoning; although at full build-out, improvements to local road ways, in particular at intersections with Highway 10, would likely be required. ATTACHMENTS Location Map Existing zoning, with uses Proposed zoning, with uses ACtIOfl Motion by Second by Vote FOllow Up N:\Departments\Community Development\Planning\Case Files\ZC\7.C 12-03 NF,BC rezone\ZC 12-03 NEBC rezoning 7-10-12.docs 3 'v u i Proposed Uses for Natures Edge Business park Sec. 30-1024. - C-3 highway commercial district. (a) (b) (c) (d) Purpose. The purpose of the C-3 highway commercial district is to recognize the need for commercial establishments on or serving with immediate access to major highways. Permitted land uses should take advantage of the highway access in a manner which other business districts are not afforded. In addition to retail and commercial uses, quasi-industrial and wholesale enterprises that do not meet an industrial setting and have considerable customer contact are acceptable in the highway commercial district. Permitted uses. Permitted uses in the C-3 district are as follows: (1) Business and professional offices. (2) Retail shops and stores. (3) Personal service establishments. (4) Nurseries, produce markets, and garden centers, which may include outdoor display. (5) Convenience stores. {6) Public parks. (7) Financiallnstitutions.: (8) Sale'of firearms. (9) Class I restaurants. (10) Class ((restaurants. -Accessory uses. Accessory uses in the C-3 district are as follows: (1) Signs as permitted in section 30-851 et seq. (2) Off-street parking facilities. (3) Off-street loading facilities. (4) Telephone booths. (5) Private recreational facilities. (6) Public shelters and essential services. Conditional uses. Conditional uses in the C-3 district are as follows: (1) Enclosed light manufacturing with related retail sales. (2) Car, RV and marine sales.. (3) Nonprofit clubs, lodges, or halls. (4) Licensed day care facilities. (5) Institutional uses. (6) Equipment rental-businesses. (7) Commercial recreational, indoor. (8) Commercial recreational facilities, indoor. (9) Shopping centers. (10) On-sale liquor establishments. (11) Governmental buildings and facilities. (12) Veterinary clinics. (13) Carwashes. (14) Reserved. (15) Motor vehicle service stations. (16) Motor vehicle specialty shops. (17) Sauna establishments. (18) Physical recreation or training greater than 5,000 square feet in size. (19) 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). (20) Hotels and motels. (21) Reserved. (22) Development of property within 50 feet of the wild and scenic river district. (23) Ministorage, provided that the use is on unplatted land outside the urban service district. (24 Dry cleaning establishment.. (25) Governmental•offices. (26) Commercial recreation, outdoor. (27) Physical recreation. or training. (e) Architectural standards. No provision of section 30-938 except subsection 30-93$(2).. pertaining to building finish and subsection 30-938(3)' pertaining to roofs applies to this .district. Sec. 30-1294. - BP business park district. (a) Purpose. (1) The business park district is established to encourage a planned, integrated environment for certain industrial, office, and commercial uses, which are compatible with and complement each other as well as the surrounding land uses. The underlying land use designation within the district may vary and may be eitherJight industrial or highway business. Development within the business park district will correspond with the land use designation. Industrial and office uses are allowed where the land use designation is light industrial, .and commercial uses are allowed where the land use designation is highway .business. (2) It is the intent of this section that development reflect common themes using compatible architectural design and consistency in signage, landscaping, and lighting. It is also the intent to encourage businesses, which generate a high number of jobs per square foot rather than predominantly warehouse type uses. (b) Permitted uses. Permitted uses in the BP district are as follows: (1) Permitted uses allowed are as follows: a. Light manufacturing. b. Research and development laboratories. c. Business and professional offices. d. Mail order operations. e. Telecommunication operations. f. Sherburne County fair. g. Warehouse space not exceeding 50 percent of the entire building. h. Showroom space. i. Repair and maintenance, excluding auto repair. j. Physical recreation or training, if less than 5,000 square feet, provided the .underlying land use in the comprehensive plan is mixed use or highway business. (c) Accessory uses. Accessory uses in the: BP district are as follows: (1) Off-street parking lots or facilities. (2) Private recreational facilities. (3) Public shelters and essential services. (4) Retail sales, .provided the following conditions are met: a. The retail sales activity shall notbe located in an administrative office facility, but shall be located within a business, the .principal use of which is not commercial sales. b. The retail sales activity shall. not occupy more than 15 percent of the gross floor area, or a maximum of 5,000 quare feet of the occupied quarters, whichever is less.. c. The retail sales activity shall be related and subordinate to the principal use. d. No sign identifying or promoting that retail sales occur within the building shall be visible from outside the building.. e. Freestanding retail shops and stores shall be limited to those which complement other uses within the business park and provide a service to those other businesses, and shall not exceed 20,000 square feet in size. f. Retail/wholesale sales incidental to products manufactured, assembled, or warehoused on the premises may be permitted as an accessory use provided no more than ten percent of the building is used for retail/wholesale sales. (5) Therapeutic massage when offered within the confines of a medical or chiropractic clinic. (6) Signs as permitted in section 30-851 et seq. (d) Conditional uses. Conditional uses in the BP district are as follows: 1. Screened from the eye level view of adjoining properties by use of exterior walls and/or landscaping; 2. Painted to match or complement the building structures; or 3. Incorporated into an architectural design, as approved by the building and zoning administrator. b. Notwithstanding the provisions of subdivision II of division 5 of this article, the following requirements regarding signage shall be met: 1. All freestanding signage shall be of a monument style sign and have a maximum size of 64 square feet and height of eight feet. 2. One on-premises business wall sign per occupancy, not to exceed two square feet in sign area for each linear foot of the building frontage up to a maximum of 128 square feet per occupancy, is permitted. Exterior building finishes. a. It is the intent of the city to promote and encourage high_standards of creative architectural design in the business park district. b. In the business park zoning district, the following are acceptable building materials and finishes: 1. Brick. 2. Natural or cut stone. 3. Integrally colored split face (rock face), burnished,. or glazed concrete masonry unit (excluding plain or painted). 4. Integrally colored and exposed aggregate precast concrete panels (excluding single-T or double-T panels, .plain, uncolored, or raked finish) or specially designed, cast-in-place' concrete. 5. Glass, architectural metal, fiberglass and aluminum, provided such panels are factory fabricated and finished with a durable nonfade surface and their fasteners are of a corrosion- resistant design. 6. Stucco, E.I.F.S., and other cementitious coating. 7. Wood, provided the surfaces are finished for exterior use or wood of proven exterior durability is used, such as cedar, redwood, and/or cypress. 8. Other materials determined as acceptable by the planning department. c. Major exterior surfaces that are adjacent to any public street, public trail/path, or adjacent residentially zoned properties shall be of one of the acceptable materials and shall be combined with at least 30 percent of one or more acceptable materials, or with 40 percent punched openings, with or without glass (or as much as allowed by the Uniform Building Code, whichever is less), neither of which are to be concentrated in any one location, unless to accentuate a design feature. Major exterior surfaces that are visible from but not adjacent to any public street, public trail/path, or adjacent residentially zoned properties shall be considered transition walls and may have less than the 30 percent combination or less than 40 percent punched openings, but either shall not be reduced to zero percent). Reductions below 20 percent shall require staff approval. Such walls shall be screened from view with additional landscaping. The requirement to have at least 30 percent of one or more acceptable materials shall not apply to the loading dock wall d. Major exterior surfaces that are adjacent to any public street, public trail/path, or adjacent residentially zoned properties shall not exceed 160 feet zero inches in length without a minimum four-foot depth change (recesses, protrusions, or a combination thereof), with at least two feet. of such change to be in the entire height of the facade. e. Alternatively, exterior wall surfaces are #o be designed with architectural interest through multiple design #echniques such as; but not limited to, .architectural forms, reveals, textures, cornice detailing, changes in surface planes, color, punched openings and/or changes- in parapet elevations. The use of design techniques alone or lower percentage of additional acceptable materials noted in subsection (e)(4)c. of thin section shall .require site plan review and approval by the city planning commission. f. The building shall be designed so as to prevent the appearance of straight, unbroken lines in the horizontal and vertical surfaces. g. Main entrances shall be emphasized with a complementary material which is different from the primary building material. h. Garage doors shall have a color that matches or coordinates with the building's primary body color. i. The building shall be designed to screen equipment located on the roof of the building. Alternatively, such equipment shall be located in such a manner so that it cannot be seen from the adjacent public street, public path/trail, or adjacent residentially zoned_ property at the same elevation of the first floor of the building. (5) Landscaping. Notwithstanding the provisions of subdivision IV of division 5 of this article, the following requirements shall be met: a. Of the total number of overstory trees required, a minimum of 25 percent shall be ornamental trees and 25 percent shall be conifer trees. b. A landscaping credit of up to 25 percent may be given to a site plan which contains exterior sculptures, fountains, ponds beyond those required for storm drainage and other site enhancements as approved by the building and zoning administrator. c. Underground irrigation shall be installed within the front yard and all landscaped areas adjacent to a public right-of--way. Existing Zoning for Natures Edge Business Park Sec. 30-1024. - C-3 highway commercial district. (a) Purpose. The purpose of the C-3 highway commercial district is to recognize the need for commercial establishments on or serving with immediate access to major highways. Permitted land uses should take advantage of the highway access in a manner which other business districts are not afforded. In addition to retail and comm ercial uses, quasi-industrial and wholesale enterprises that do not meet an industrial setting and have considerable customer contact are acceptable in the ,highway commercial district. (b) Permitted uses. Permitted uses in the C-3 district are as follows: (1) Business and professional offices. (2) Retaifshops and stores. (3) Personal service establishments. (4) Nurseries, produce markets, and garden centers, which may include outdoor display. (5) Convenience stores. (6) Public parks. (7) Financial Institutions. (8) Sale of firearms. (9) - Class I restaurants. (10) Class Ilrestaurants.. (c) Accessory uses. Accessory uses in the C-3 district are as#ollows: (1) Signs as permitted in section 30-851 et seq. (2) Off-street parking facilities. (3) Off-street loading facilities.. (4) Telephone booths. (5) Private recreational facilities. (6) Public shelters and essential services. (d) Conditional uses. Conditional uses in the C-3 district are as follows: (1) Enclosed light manufacturing with related retail sales. (2) Car, RV and marine sales. (3) Nonprofit clubs, lodges, or halls. (4) Licensed. day care facilities. (5) Institutional uses. (6) Equipment rental businesses. (7)` Commercial recreational, indoor. (8) Commercial recreational facilities, indoor. (9) Shopping centers. (10) On-sale liquor establishments. (11) Governmental buildings and facilities. (12) Veterinary clinics. (13) Carwashes. (14) Reserved. (15) Motor vehicle service stations. (16) Motor vehicle specialty shops. (17) Sauna establishments. (18) Physical recreation or training greater than 5,000 square feet in size. (19) Pawnshops (250-foot setback from. any residential zone and 500-foot setback from schools, parks, daycare centers, churches and other pawnshops, measured from the property line). (20) Hotels and motels. (21) Reserved. (22) Development of property within 50 feet of the wild and scenic river district. (23) Ministorage, provided that the use is on unplatted land outside the urban service district. (24 Dry cleaning establishment. (25) Governmental offices. (26) Commercial. recreation, outdoor. (27) Physical recreation or#raining. (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. Sec. 30-1292. - 1-1 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) Offices. (2) Warehouses. (3) Research/design facilities. (4) Wholesale businesses. (5) Medical, dental, and optical labs. (6) Light manufacturing. (7) Water/sewage treatment, municipality owned and operated, and provided written notice must be sent to all property owners within 350 feet. (c) Accessory uses. 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 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 deli-cable 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. (4) Bottling and distribution. (5) Government buildings and facilities. (6) Broadcasting studios and facilities. (7) Truck and .implement sales. (8) Commercial kennels (indoor). (9) Bus storage. Not to exceed ten buses, unless the property has direct access to an arterial or collector street. (10) Dry cleaning establishment. (11) 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.