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5.1. PCSR 12-28-2004 Item # 5.1. City of ti. Elk River MEMORANDUM TO: Planning Commission FROM: Chris Leeseberg, Planner DATE: December 28, 2004 C� SUBJECT: Case No. OA 04-07 Request by Peter Specht to Amend Section 30-1292 (1-1 District) Request The applicant requests an amendment to Section 30-1292 regarding bus storage in the I1 Zoning District. Attachments • Allowed Conditional Uses in the Il district • Proposed Language for Amendment Overview In December 2003, the City initiated an ordinance amendment that changed the uses allowed in the Il. The amendment included allowing only school bus terminals, as a conditional use, on properties that have direct access to an arterial or collector street. The applicant is proposing that coach buses also be allowed in the I1 zoning district as a conditional use. The primary issue with the past amendment and this request is the traffic impacts created by bus traffic. Staff recommends the following language to allow all buses,but limiting the number of buses depending on the proximity of adequate roads. Bus storage. Not to exceed 10 buses, unless the property has direct access to an arterial or collector street. Planning Commission/OA 04-07 December 28,2004 Page.2 Recommendation Staff recommends that the Planning Commission recommend approval of the proposed ordinance amendment to allow bus storage as a conditional use in the I1 district provided the property has direct access to an arterial street if there are more than 10 buses. S:AP .ANNINGVCase Files\2004VOA 04-07 SpechtAOA 04-07_PC.doc 30-1292 ELK RIVER CODE square feet in sign area. The, area monopole structural standa . identification sign shall be 1 cated and hall have underground I- on the same premises as th devel- ing opment i identifies. 4. Th_''.ase of any advertisin}..ign b. One on-p `:mises freestand;ng busi- mu be landscaped with a east ness sign .=r premises,no ' o exceed gra and must be p perly two square°eet in sign area for each mai ained. linear foot . street frontage up to a 5. Adve.,ising signs shal' not ex- maximum o` 64 squar feet. Such teed c�0 square feet area or signs shall ntit exceed eight of 20 25 fee in height as '.easured feet.Where a of has nil it of 300 perpen+icularly fro . he height feet of street :+ntage, e additional of the h .hest poin p'of the sign freestanding .' sines sign will be structur` to the gr-:de level di- allowed.These^•igns all be subject reetly be few the si .The exist- to the size and eigl limitations of ing grad may ..t be altered the first allowes fr estanding sign for the p.rpos . of increasing and may be plan no closer than sign heigh 150 feet to any er freestanding 6. Advertisin• si;.: s shall be con- sign on the same emises. All free- sidered a p. s ipal use of the standing signs s :ll have a mini- property. E .sting advertising mum setback of .' feet from any signs must . • removed when public right-of-w 'I easured to any the parcel r which they are . portion of the si d a minimum situated,is :e 'ted to another • clearance of ei t ':•et above any principal :.e. vehicular use a:ea . .. over any pe- 7. The city s'.all pe'I orm a yearly destrian use a.;•a, inspectio• of the a':vertising de- vices to •nsure c. pliance of c. One on-premi-l•s busin;•ss wall sign the adv� ising str;.cture with per occupant!, not t. exceed two the pr. 'sions of th;. subdivi- square feet sign a:4-a for each sion a other provisi'ns of this linear foot of-'uilding fr. tage, up to articl. The fee for t& inspec- a maximum of 128 squ.p e feet per tion • all be set by `, e city occupancy count 1 by resolution. d. Advertising. signs, which hall only 8. Suc advertising signs sh.:1 only be allowe.4 subject to the ollowing be lowed in industrial .ned requirema`ts: pr. 'erty adjacent to the ret- of ay for State Highway •m- 1. Off-A' emises signs are*.rohib- b 10 and State Highway N .- itedt. ithin 100 feet of he in- ber 169. ter,-ction of the highwa right- of- ay and any other r ' t-of- (d) Conditional uses. Conditional uses in the w..;; or driveway. I-1 district are as follows: 2. A.( ertising signs are pr. ib- (1) Outdoor storage area accessory to princi- it:'. within 1,200 feet of :n- pal use. ocer advertising sign on (:e (2) Single-family residential dwelling units s 1 I e side of the right-of-wa accessory to principal uses, provided that: 3. 1 advertising signs shall be a. The nature of the principal use of e -cted with a single pole or the property makes it necessary or CD30:134 LAND DEVELOPMENT REGULATIONS §30-1293 highly desirable from both the prop- fore automatically expire if the prin- erty owner's and the city's perspec- cipal use of the property changes or tive to have a 24-hour-a-day care- the ownership of either the property taker or security person reside on or the principal use of the property the property. changes. b. The proposed dwelling unit is de- (3) Recycling processing centers. signed for and will be used exclu- sively by caretakers or security per- (4) Bottling and distribution. sonnel responsible for the security of (5) Ministorage. the property and the principal use thereof. (6) Water/sewage treatment. c. The proposed building unit will be (7) Auto repair shops. occupied by no more than two per- (8) Grain and feed elevators. sons, neither of whom may be under 18 years of age. (9) Sexually oriented land uses. d. There will be only one dwelling unit (10) Temporary structures. per lot or, if one principal use is (11) Government buildings and facilities. located on several adjoining lots, per principal use. (12) Broadcasting studios and facilities. e. The proposed dwelling unit will not (13) Truck and implement sales. exceed 800 square feet in size and (14) Commercial kennels (indoor). will be located within a building serv- ing the principal use of the property (15) Commercial recreation (unplatted land which is no less than 10,000 square only). feet in size. 941 (16) School bus terminals provided the prop- f. The principal use of the property is erty has direct access to an arterial or not of such a nature that it would be collector street. dangerous or hazardous to residents (e) Architectural standards. No provision of of the proposed dwelling unit. section 30-938 except subsection 30-938(2) per- g. The proposed dwelling unit meets all taming to building finish and subsection '30- other requirements of this Code and 938(3) pertaining to roofs applies to this district. Minnesota Uniform Building Code (Code 1982, § 900.12(14); Ord. No. 04-003, § 1, for occupancy as a dwelling unit by a 1-20-2004) single family.The city council may,if it finds it necessary to do so for the S• . 0-1293. I-2 district. protection of the health, safety and welfare of persons who may occupy (a) Pu •se. The I-2 district is i• -nded to • the proposed dwelling unit, impose accommodate ore intense man turing and additional reasonable requirements processing than Id be allow:- in the I-1 dis- or conditions on the construction and trict. Proposed uses .•uld i.•' ude manufactur- use of the dwelling unit. ing, production, wareh. ' 'g with heavy truck traffic and other uses w.'c ay generate nomi- h. The conditional use allowing such a nal off-site impacts. dwelling unit in an industrial zone is deemed to be unique to the principal (b) Permitted . 'es. Permitted . .es in the I-2 use of the property and the owner- district are a .`flows: ship of the property and the princi- pal use.Any conditional use permits (1) O,"ces. granted under this section shall there- (2) • olesale businesses. Sapp. No. 5 CD30:135 (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 desirable 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) Ministorage. (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). (16) School bus terminals storage. Not to exceed 10 buses, unless-provided the property has direct access to an arterial or collector street.