Loading...
6.8. SR 01-20-2004Pdver Item # 6.8. TO: FROM: DATE: SUBJECT: MEMORANDUM Mayor and City Council Scott Harlicker, Senior Planner/~ January 20, 2004 Case No. OA 03-08 Request by Vision Enterprises for Ordinance Amendment Request Consider a request by Vision Enterprises for an ordinance amendment to allow bus terminals as a conditional use in the I1 (Light Industrial) zoning district. Attachments Allowed Uses in the I1 district Allowed Uses in the 12 district Ordinance No. 04 - Overview Background In 1994, Kraus-Anderson was granted a conditional use permit for a bus terminal at this location (12508 Elk Lake Road,). The terminal was to be owned and operated by Dickenson Bus Company. Mr. Dickenson s business had to be relocated for the development of Elk Park Center. In 1994 this property was zoned I1 (Light Industrial) and truck terminals were allowed as a conditional use. Since bus terminals were not specifically listed in the zoning code but track terminals were, the City treated this business as it would a track terminal and required a conditional use permit. Memo to Mayor and City Councfl/OA 03-08 January 20, 2004 Page 2 In 1995, Mr. Dickenson was granted a conditional use permit to expand the parking area and drive aisles. The property was still zoned I1 and truck terminals were allowed as a conditional use. In 1996, the City initiated an ordinance amendment that changed the uses allowed in the I1 and I2 zoning districts. The amendment included eliminating truck terminals as a conditional use in the I1 district but allowed them as a conditional use in the I2 district. Truck terminals were eliminated from the I1 district because of the intensity of the use and the amount of truck traffic generated. In October of this year Vision Enterprises applied for a building permit to construct a new bus garage. The applicant was informed that a building permit could not be issued because neither bus terminals nor truck terminals are allowed in the I1 district. As a resuk of the 1996 ordinance amendment, the bus terminal was now a non-conforming use and could not be expanded or enlarged. It was explained that in order to change the status of their bus terminal from non-conforming to conforming there were two options, an ordinance amendment to allow bus termirrals as a conditional use in the I1 zoning district or change the zoning of the property from I1. to I2. On the advice of staff, the applicant decided to apply for an ordinance amendment. ProPosed Amendment The proposed amendment would allow bus terminals as a conditional use in the I1 zoning district. Currently bus terminals are not listed as an allowed use in any zoning district. In the past, they have been dassified for zoning purposes as a truck terminal. Truck terminals are defined as, "any use, area, or building where cargo, trucks, truck parts, loading equipment, etc. is stored and/or where trucks load and unload on a regular basis." Because of the intensity of the use and the possible adverse impacts associated with truck terminals, they are only allowed in the I2 (Medium Industrial) district. Bus terminals, while similar in some respects to truck terminals, are not as intense a use. Buses, like trucks, can have adverse affects on traffic. By keeping the traffic off of side streets and away from residential areas, impacts can be limited. The buses, if they are school buses, come and go on a set schedule usually during school hours; whereas, trucks come and go arbitrarily, possibly 24 hours a day. In order to better define exactly what will be allowed and address possible traffic/access issues, staff recommends that the ordinance amendment include only school bus terminals and the property must have direct access to an arterial or collector street. Because all conditional uses allowed in the I1 district are also allowed in the I2 district, by recommending approval of this ordinance amendment the Commission is also recommending that school bus terminals be allowed as a conditional use in the I2 district. S:~PLANNING\Case Files\2003\OA 03-08 Vision of Elk River\OA03-15CC1-20.doc Memo to Mayor and City Council/OA 03-08 January 20, 2004 Page 3 Recommendation The Planning Commission and staff recommend the City Council approve the attached ordinance amendment to allow school bus terminals as a conditional use in the I1 district provided the property has direct access to an arterial or collector street. S:\PLANNING\Case Files\2003\OA 03-08 Vision of Elk River\OA03-15CC1-20.doc LAND DE¥~ELOPMENT REGULATIONS § 30-1292 Sec. 30-1042. Accessory structure setbacks. Accessory structures shall comply with the following dimensional regulations: Maximum Front Setback Side Setback Rear Setback Height Agricultural District (feet) (feet) (feet) (feet) Fences Buildings C-1 No limits 45 0 -- C-2 15 10 10 45 0 -- C-3 25 10 10 35 0 -- Swimming -- 0 -- pools~ ~ Swimming pools shall be set back a minimum of eight feet from the side yard and rear yard lot lines and must comply with the required front yard setback as per this subdivision. Swimming pools must be completely enclosed with an opaque chainlink or equivalent fence at least four feet high with a lockable gate. (Code 1982, § 900.18(2)) Secs. 30-1043--30-1291. Reserved. DMSION 8. kN'DUSTRIAL AND BUSINESS PARK DISTRICTS* Subdivision f. fn General Sec. 30-1292. I-1 district. (a) Purpose. The I-1 district shall serve as a transition between more industrial uses and res- idential and other business uses. This district is appropriate for manufacturing, warehousing, and similar industrial uses because of access to ware- housing, 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) Permittert uses, Permitted uses {n t-~ district are as follows: (1) Offices. (2) Warehouses. (3) Research/design facilities. *Cross reference--Licenses a~d business regulaeions, ch. 38. (4) Wholesale businesses. (5) Medical, dental, and optical labs. (6) Light manufacturing. (c) Accessory uses. Accessory uses in the I-1 district are as follows: (1) Retail sales, prov/ded: a. The retail sales activity is not lo- cated in an administrative office fa- cility, but is located within a busi- ness, the principal use of which is not commercial sales. b. The retail sales activity does not occupy more than 15 percent of the g-ross floor area of the occupied quar- ters. c. The retail sales activity is accessory to the principal use. d. No sign identifying the retail sales [s visible from the outside of the build- ing. (2) Temporary signs as permitted in section 30-851 et seq. (3) Permanent signs. a. One permanent area identification sign per neighborhood, subdivision, or development not to exceed 64 CD30:133 § 30-12'02 ELK RP~IBR COOE square feet in si~om area. The area identification swn shall be located on the same premises as the devel- opment [t identifies. b. One on-premises freestanding busi- ness si.~n per premises, not to exceed two square feet [n sign area for each linear foot of street frontage up to a ataximum of 64 square feet. Such si~ns shall aox, exceed a height of 20 feet. Where a lot has in excess of 300 feet of street frontage, one additional freestanding business si~o-n will be allowed. These si~ns shall be subject to the size and height limitations of the first allowed freestanding sign and may be placed no closer th~m 150 feet to any other freestanding si~a on the same premises. ,All free- standing sig-ns shall have a mini- mum setback of ten feet from any public right-of-way measured to any portion of the sig-n and a minimum clearance of eight feet above any vehicular use area and over any pe- destrian use area. c. One on-premises business wall sig,a per occupancy, not to exceed two square feet in sio~n area for each linear foot of building frontage, up to a ma~ximum of 128 square feet per occupancy. d. Advertising signs, which shall only be allowed subject to the following requirements: 1. Off-prom/see sig-ns are prohib- ited within 10O feet of the in- tersection of the highway right- of-way and any other right-oii way or driveway. 2. Advertising si~o~ns are prohib- ited within 1,200 feet of an- o~her advertising si=~n on the same side of the right-of:way. 3. All advertising siyns shall be erected with a single pole or monopole structural standard and shall have umder~ound wir- ing. 4. The base of any advertising sigm must be landscaped with at least ~rass and must be properly maintained. 5. Advertising sig-ns shall not ex- ceed 400 square feet [n area or 25 feet in height as measured perpendicularly from the height o:f the highest point of the si~n structure to the ~rade level di- rectly below the sign. The exist- lng ~rade may not be altered for the purpose of increasing sign height. 6. Advertising sigms shall be con- sidered a principal use of the property. E,xisting advertising signs must be removed when the parcel upon which they are situated is devoted to another principal use. 7. The city shall perform a yearly ~- inspection of the advertising~e- vices to ensure compliance of the advertising structure with the provisions of this subdivi- sion and other provisions of this article. The fee for the inspec- tion shall be set by the city council by resolut/on. 8. Such advertising signs shall only be allowed in industrial zoned property, adjacent to the right- of-way for State Highway Num- ber 10 and State Highway Num- ber 169. (dk Cof~r~/fn.~/ ([~Tf] Conditional uses in the f-I-district are as ibllows: (1) Outdoor storage area accessory to princi- pal use. (fi) Single-family residential dwelling umts accessory to principal uses, provided that: a. The nature of the principal use of the property makes it necessary, or CD$0:134 LAND O EVELOPMENT REGULATIONS § 30- £293 highly desirable from both the prop- erty owner's and the city's perspec- tive to have a 24-hour-a-day care- taker or security person reside on the property. b. The proposed dwelling unit is de- signed for and will be used exclu- sively by caretakers or security per- sormet responsible for the security of the property and the pmncipal use thereo[. c. The proposed building unit will be occupied by no more than two per- sons, neither of whom may be under 18 years of age. d. There will be only one dwelling unit per lot on 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 serv- ing 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 owner- ship of the property and the princi- pal use. Any conditional use permits granted under this section shall there- fore automatically expire if the prin- cipal use of the property changes or the ownership of either the property or the principal use of the property changes. (3) Recycling processing centers. i4) Bottling and distribution. (5) ~Iinistorage. (6) Water/sewage treatment. (7) Auto repair shops. (8) Grain and feed elevators. (9) Sexually oriented land uses. (10) Temporary structures. (11) Government buildings and facilities. (12) Broadcasting studios and facilities. (13) Truck and implement sales. (14) Commercial kennels (indoor). (15) Commercial recreation (unplatted land only). (e) Architectural standards. No provision of section 30-938 except subsection 30-938(2) per- taining to building finish and subsection 30- 938(3) pertaining to roofs applies to this district. (Code 1982, § 900.12(14)) Sec. 30-1293. I-2 district. (a) Purpose. The I-2 district is intended to accommodate more intense manufacturing and processing than would be allowed in the I-1 dis- trict. Proposed uses would include manufactur- ing, production, warehousing with heavy truck traft~c and other uses which may generate nomi- nal off-site impacts. (b) Permitted uses. ?ermitted uses in the L2 district are as tbilows: (1) Offices. (2) Wholesale businesses. (3) Light manufacturing. (4) Warehouses. (5) Auto repair shops. (6) Bottling and distribution. CD30:135 § 30-L29S EL~ R~/ER COOB (7) Research and design facilities. ($) Xedical, dental and optical labs. (9) Ail uses allo~ved as a permitted use in the f-1 zone. (c) Ac~esso~ :~ses. Accessory uses in the district are as follows: 1) Temporary slams as permitted [n section 30-85I et seq. (fi) Permanent signs. One permanent area identification si=on per neighborhood, subdivision, or development not to exceed 64 squ~u-e feet [n si=~n area. The area identification sig'a shall be located on the same premises as the devel- opmen~ it identifies. One on-premises freestanding busi- ness sign per premises, not to exceed two square feet in sign area for each linear foot of street frontage up to a maximum of 64 square feet. Such si~s shall not exceed a height of 20 feet. Where a lot has in excess of :300 feet of street frontage, one additional freestanding business sign will be allowed. These signs shall be subject to the size and height [imitations of the first allowed freestanding and may be placed no closer than 1~0 feet to any other freestanding sig-n on the same prenmises. All free- standing sig~ns shall have a mini- mum setback of ten feet from any public right-of-way measured to any 'portion of the sign and a minimum vehicular use area and over any destrian use area. One on-premises business wall sigm per occupancy, not to exceed two square feet in siam area fbr each linear fbot of building frontage, up ~o a mmmimum at' lfiS square feet per occupancy. Advertising sig-ns, which shall only be allowed subject to the ~bllowing requirements: 1. Off-premises sig-ns are prohib- ited within 100 feet of the in- tersection of the highway right- of-way and any other right-oB way or driveway. 2. Adverr, ising sixths are prohib- ited within 1,200 feet of an- other advertising sign on the same side of the right-of-way. 3. All advertising sig-ns shall be erected with a single pole or monopole structural standard and shall have underground wir- ing. 4. The base of any advertising sign must be landscaped with at least grass and must be properly maintained. ~. Advertising signs shah not ex- ceed 400 square feet in area or 2~ feet in height as measured perpendicularly from the height of the highest point of the sign structure to the grade level di- rectly below the sig-n. The ex:ist- lng ~ade may not be altered , for the purpose of increasing si=~a height. 6. Advertising signs shall be con- sidered a principal use of the property. E~sting advertising signs must be removed when the parcel upon which they are situated is devoted to another principal use. 7. The city shall perform a yearly inspection of the advent/sing de- vices to ensure compliance of the advert/sing structure with the provisions of this subdivi- sion and other provisions of this article. The fee for the inspec- t/on shall be set by the city council by resolution. CD30:156 LA~D DEVELOPMENT REGULATIONS § 30-1293 8. Such advertising signs shall only be allowed in industrial zoned property adjacent to the right- of-way tbr State Highway Num- ber 10 and State Highway Num- ber 169. (d) Condftfo~z~zl ztses. Conditional uses in the 1-~'d~strict are as follows: (1) Concrete/asphaflt products and process- ing. (2) Foundry, casting, or for~ng metals. (3) l~Ianufacturing, heavy. (4) Animal and poultry processing. (5) Freight and rail yards. (6) Truck terminals. (7) Junkyards, auto wrecking and storage, and salvage yards. (8) Recycling processing centers. (9) Grain and feed elevators and mills. (10) Chemical storage/bulk storage of fuel, e.g., petroleum. (11) l~Ieat or fish packing. (12) Water and sewage treatment. (13) Outdoor storage area accessory to princi- pal use. (14) Bus, truck and hnplement storage, main- tenance and repair. (15) Sexually oriented land uses. (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 prop- erty owner's and the city's perspec- tive to have a 24-hour4a-day care- taker or security person reside on the property. b. The proposed dwelling unit is de- signed for and will be used exclu- sively by caretakers or security per- sonnel 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 per- sons, 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 serv- ing 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 [t 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 1/Iinnesota 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 owner- ship of the property and the princi- pal use. Any conditional use perm/ts granted under this section shall there- fore automatically expire if the prin- zips/use of the property changes or the ownership of either the property or the principal use of the property changes. (17) Temporary structures. (iS) Government buildings and facilities. CD30:137 ELi( ~IYER CODE (19) ~v£inistorage. (20) Ail uses allowed as a conditional use in the I-1 zone. {e) Architectural staadards. No provisions of section $0-938 except subsection .J0-9~$1_) per- taimng to exterior building finish and subsection 30-9,38t3) pertaining to roofing standards applies to this district. (Code 1982, .~ 900.12{15~/ Sec. 30-12', (a) Purpo,~ (1) (2) BP business park district. The bu Less park district [s ished to enco ge a plarmed, into: envi- ronment certain and commerc: uses which art ompatible with and 0lement each as well as the surf( [and The under- lying land desi~nanm the dis- trict may industrial or ment within 1 will correspond nation. Industri~ lowed where the light industrial, allowed where th~ highway busines It is the intent opment reflect ~ patible arch_it tency in s~ It is also flosses wb_~c jobs per inantly ~b) Permitted district are as (1) lying follows: at. b. generate fbot ral house type ~s. Permitte uses allowed use is light ~t manufacturing. iearch and developn S. ~rnment, business, siona/offices. and ma' e either light iness. Develop- ss park district ~ kind use desig- office uses are al- use designation is :ommercial uses are use designation is sect/on that develi themes using com- esigm and consis- ping, and lighting. encourage busi- high number of ~r than predom- uses in the BP the under- retrial are as ~t iaborato- profes- St h. Sho [. Rep~ auto order operations. .communication ope~ ·burne County house space no~ of the entire ~om space. :air. (2) Permitted lying land follows: a. He~th b. Personal c. Financial (c) Accesso~ uses. district are as follows: (1) Off-street paz'k2r (2) Private recreati, (3) Public shelters (4) Retail sales, p~ tions -are met: a. The ret located faciliW, busines,, is not c, b. The re[ occupy gross 5,000 quart~ c. The r, lated pal d. No si 50 when the under- business are as ~bs. ~stablishments. ~tions. sow uses in the BP :ts or facilities. facilities. ssential services. the following condi- sales re than )r a_rea, or uare feet whichever sales s ubordina~e tivity shall not be e office located within a :al use of which les. shall not of the maximum of the occupied shall be re- the princi- identifying or ales occur wi that e building the build- :andin~ retail shop be limited to those plement other uses within .d stores h CD30:138 ORDINANCE 04 - CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 30-1292 OF THE CITY CODE OF ORDINANCES The City Council of the City of Elk River does hereby ordain as follows: Section 1. Section 30-1292(d) tided, I-1 district, Conditional uses, of the City of Elk River Code of Ordinances shall be amended include the following: (d) Conditional uses. (16) Bus Terminals provided the property has direct access to an arterial or collector street Section 2. 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 20TM day of January, 2004. Attest: Stephanie Klinzing Mayor joan Schmidt City Clerk s:\planning\case files\2OO3\oa 03-08 vision of elk river\ordinance 04.doc