4.1 PCSR 11-05-2014 Elk Request for Action
River
To Item Number
Planning Commission 4.1
Agenda Section Meeting Date Prepared by
Planning Items November 5,2014 Chris Leeseberg,Park Planner-Planner
Item Description Reviewed by
Request by City of Elk River for Ordinance Jeremy Barnhart,Deputy Director,CODD
Amendment to Section 30-1024 (d)(2) C3 Highway Reviewed by
Commercial Zoning District,of the City of Elk
River Land Use Regulations to include truck sales
and service, Case No. OA 14-09—Public Hearing
Action Requested
Recommend,by motion,approval of the Ordinance Amendment as drafted.
Overview
Staff received direction from the Planning Commission at their October 28, 2014 meeting to amend
Section 30-1024 (d)(2)(C3 Highway Commercial) of the ordinance to allow for truck sales and services as a
conditional use.
Background/Discussion
Language
The proposed ordinance language allows truck sales and services as a Conditional Use.
Conditional Use Criteria(Section 30-654)
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or
the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city.
2. Will be consistent with the comprehensive plan.
3. Will not impede the normal and orderly development and improvement of surrounding vacant property.
4. Will be served adequately by and will not adversely affect essential public facilities and services including streets,
police and fire protection, drainage, refuse disposal, water and sewer systems,parks and schools;and
5. will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public
thoroughfares.
6. Will not involve uses, activities,processes, materials, equipment and conditions of operation that will be detrimental
to any persons or property because of excessive traffic, noise, smoke,fumes,glare, odors, dust or vibrations.
7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
8. Will fully comply with all other requirements of this Code, including any applicable requirements and
9. Standards for the issuance of a license or permit to establish and operate the proposed use in the city.
Analysis
IP-0111EfIED aY
NATURE
As a conditional use,the Planning Commission and City Council must evaluate the use against the above
criteria to grant a CUP. The burden to deny a conditional use is on the City, they must prove that no
condition could be imposed to address the criteria above.
Tractor trailer sales and services will produce traffic, noise, fumes and vibrations above and beyond what
car/pickup truck/SUV sales would produce,and in some C-3 zoning districts, this may not be
appropriate.
Much of the current undeveloped or underdeveloped C-3 zoning areas are found within the FAST study
area;much of these areas are slated to be rezoned to non-highway businesses uses based on their limited
vehicular access and visibility.
Financial Impact
None
Attachments
• Proposed C-3 language
N:\Departments\Community Development\Planning\Case Files\OA\OA 14-09 C3\OA 14-09 sr City of Elk River PC 11-5-14.docx
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 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.
(b) 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) Financial Institutions.
(8) Sale of firearms.
(9) Class I restaurants.
(10) Class II restaurants.
(11) Physical recreation and training.
(c) 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.
(d) Conditional uses. Conditional uses in the C-3 district are as follows:
(1) Enclosed light manufacturing with related retail sales.
(2) Car,Truck,RV and marine sales and services.
(3) Nonprofit clubs,lodges,or halls.
(4) Licensed day care facilities.
(5) Institutional uses.
(6) Equipment rental businesses.
(7) Commercial recreational facility.
(8) Reserved.
(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) Reserved.
(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.
(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.)