7.5. SR 11-17-2014 City of
Elk=' Request for Action
River
To Item Number
Mayor and City Council 7.5
Agenda Section Meeting Date Prepared by
Public Hearinj November 17, 2014 Chris Leeseber ,Park Planner- Planner
Item Description Reviewed by
Ordinance Amendment to Allow Truck Sales and Jeremy Barnhart,Deputy Director, CODD
Service in Highway Commercial District (C3) as a Reviewed by
Conditional Use Cal Portner, City Administrator
Action Requested
Adopt,by motion,an ordinance amendment to the Elk River City Code to add truck sales and service to
the Highway Commercial District as a conditional use.
Background/Discussion
Case No. OA 14-09—Public Hearing
Staff received direction from the City Council at their October 6,2014, 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.
Planning Commission meeting summary
No one spoke at the public hearing and the Planning Commission had no issues with allowing truck sales
and services in the C-3 Highway Commercial district and unanimously recommended approval.
Financial Impact
None
Attachments
• Planning Commission memo dated November 5, 2014
• Other cities information
• Ordinance 14-
P a w E A E U s r
NaA f RE]
��i
Ells l Request for Action
liver
To Item Number
Planning Commission 4.1
Agenda Section Meeting Date Prepared by
Planning Items November 5,2014 Chris Leeseber ,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 Hearin
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:
7. mill not endanger, injure or detrimentally affect the use and enjoyment of otherproperty in the immediate vicinity or
the public health, safety, morair, comfort, convenience orgeneral welfare of the neighborhood or the city.
2. mill be consistent with the comprehensive plan.
3. bill not impede the normal and orderly development and improvement of surrounding vacant property.
4. mill be served adequately by and will not adversely affect essential p ub I icfa cilities 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. mill not involve uses, activities,processes, materials, equipment and conditions of operation that will be detrimental
to any persons or property because of excessive tralc, noise, smoke,fumes,glare, odors, dust or vibrations.
7. mill not result in the destruction, loss or damag e of a natural, scenic or historic feature of major importance.
8. mill fully coVy witb all other requirements of this Code, including any applicable requirements and
9. Standards for the issuance of a license orpermit to establish and operate the proposed use in the city.
Analysis
PUWFR10 sr
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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:\Departfnents\CofnmunityDevelopment\Plmning\Cose 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.)
Plymouth
• Allows truck and vehicle sales in the C-5 district with a Conditional Use Permit.
• The purpose of the C-5, Commercial/Industrial District is to provide areas for businesses
that have both commercial and industrial characteristics and for the establishment of
wholesale and retail trade of large volume or bulk commercial items.
Rogers
• Allows automobile sales in the B-3, Highway Business Dist.
• The B-3 district was established for the purpose of allowing for the development of limited
business uses,which are compatible with residential neighborhoods. This district may be
used as a transitional or buffer district between residential and commercial uses.
Ramsey
• Allowed as a Conditional Use Permit in our B-2 and H-1 business districts
• The intent of the B-2 Highway Business District is to provide for and limit the establishment
of motor vehicle oriented or dependent businesses and convenience-type,high intensity
commercial and service activities characteristically located along major traffic carriers.
• H-1 Intent. The city finds that the properties lying between Highway 10 and Burlington
Railroad tracks are integral to the future improvement of the U.S. Highway 10 transportation
system. These properties are therefore in a state of transition. The intent of the H-1
Highway 10 Business District is to allow for uses that minimize traffic,vehicular access,and
facilitate orderly transition of the corridor while allowing the property owners the ability to
utilize their property for economic benefit until such time as the U.S. Highway 10
transportation system improvements are initiated.
St. Cloud
• Allows for motor vehicle sales as Conditional Uses in the C4—Fringe Central Business
District and the C5 —Highway Commercial District (Article 9).
• The purpose of the C-4 Fringe Central Business District is designated for activities related in
a peripheral manner to those in the C-3 Central Business District. The customer may come
to a particular establishment by automobile or on foot. Good traffic accessibility is essential.
• The purpose of the C-5 Highway Commercial District is to provide an area of service
facilities to the motoring public adjacent to arterial traffic routes as defined in the
Comprehensive Transportation Plan.
Big Lake
• Allowed as a Conditional Use Permit in the B-3 district.
• The use does have certain criteria already written in the ordinance that would make those
sales difficult,including a stipulation that outdoor sales area be limited to an area of no more
than 1.5 times the s.f. of the principal building.
• The purpose of the B-3, General Business District is to provide for the establishment of
commercial and service activities which draw from and serve customers from the entire
community or sub-region.
Maple Grove
By design their code makes it very challenging to accomplish this. The code states the following:
Outdoor storage limited to the stockpiling of vehicles that must be licensed to be used on the public
streets and highways of the state.
a) Such storage shall be separated from residentially zoned property by at least 300 feet and
from freeway rights-of-way by a distance of 600 feet.
b) Outdoor storage may be located only in B zoning districts containing 20 acres or more in
area.
The physical separations, especially today,would preclude semi-truck sales in the B zoning district.
They currently do not have any vehicle sales facilities in their city.
WA Stfikethfoughs to be removed
Underlines to be added
City of
Elk -�-�
River
Ordinance 14 -
An Ordinance Amending Section, 30-1024 (d) (2), Highway Commercial District of
the City of Elk River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That§ 30-1024 (d)(2), Highway Commercial District of the City of Elk River Code
of Ordinances shall be amended as follows:
(2) Car, truck, RV, and marine sales and services.
SECTION 4. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 17th day of November, 2014.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
P 0 W I R 1 0 8
AUR
Last Updated March 2014 INI