Loading...
7.6. SR 11-17-2014 City of Elk Request for Action River To Item Number Mayor and City Council 7.6 Agenda Section Meeting Date Prepared by Public Hearinj November 17, 2014 Chris Leeseber ,Park Planner- Planner Item Description Reviewed by Ordinance Amendment to Create Southern Twin Jeremy Barnhart,Deputy Director, CODD Lakes Road Business District (Focused Area Study) Reviewed by Cal Portner, City Administrator Action Requested Adopt,by motion,an ordinance amendment to establish the Southern Twin Lakes Road Business District. Overview Case No. OA 14-07 The Ordinance codifies the regulations intended to implement the Comprehensive Plan and the Focused Area Study,adding a new section to the zoning ordinance,the Southern Twin Lakes Road Business District. Background/Discussion When the Focused Area Study (FAST) was approved in 2010,it anticipated the evolution of the area from rural highway-dominated businesses and patterns to a more urban environment. This evolution will continue to be triggered by changes in Highway 10 access and the commuter rail station. Planning Commission Summary The Planning Commission reviewed a matrix comparing the existing zoning/uses in the FAST area with the proposed FAST sub-zone zoning/uses that would eventually reflect new zoning districts. It clarified that this action would create a new zoning district. The rezoning public hearing will occur at a later date, likely in December. The Planning Commission reviewed the proposed zoning district over three meetings since October and held a public open house. Comments received expressed concern about"zoning people off of their property." As a result, the Planning Commission directed to allow permitted uses for auto,RV, marine, and truck sales in the Pinnacle. Hinge, and East Elk River Gateway sub-zones. The Planning Commission unanimously recommended approval of the amendment. Steve Rohlf, representing Scott Powell,provided a letter for record regarding Lot 4,Block 1,Mississippi Ridge Second Addition indicating they were pleased to see the new Kia dealership property was included as a conditional use for automotive sales and services. Financial Impact Public Notice in Star News P a w E R E U 6 Y NaA f RE] Attachments • Planning Commission Memo dated November 5,2014 • Ordinance 14- ■ Sec 30-1591 Uses • Section 30-1592 Bulk Regulations • Resident Comment letters N:\Pub1icBodies\Agenda Packets\11-17-2014\Final\x7.6 sr STLR zoning OA 14-07.docx ��i Ells l Request for Action liver To Item Number Planning Commission 4.2 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 of the City of Elk River Reviewed by Land Use Regulations to add Focused Area Study Business District, Case No. OA 14-07—Public Hearin Action Requested Recommend,by motion,approval of an Ordinance Amendment to reflect the "FAST Uses" spreadsheet. Overview Staff is bringing forward an Ordinance Amendment to Section 30 of the City of Elk River Land Use Regulations to add Southern Twin Lakes Road Business District. Background/Discussion When the Focused Area Study (FAST) was approved in 2010,it anticipated the evolution of the area from rural highway dominated businesses and patterns to a more urban environment. This evolution is and will continue to be triggered by changes in housing and development,Highway 10 access,and the commuter rail station. The FAST study identified an avenue in which the property owners could adapt to these changes,while ultimately maximizing the value of their property and operating successful, sustainable businesses. The Comprehensive Plan,approved in May 2014,incorporated the FAST plan,requiring modifications to the zoning ordinance. The proposed ordinance creates a new zoning district,the Southern Twin Lakes Road Business District, and as closely as possible follows the goals and objectives of the FAST study,including the development of sub-zones within the plan area. Each subzone will have a purpose statement, a list of uses,bulk regulations (setbacks,heights,lot coverage) and design standards. Staff will draft the ordinance to reflect what the Planning Commission recommends for approval based on the "FAST Uses" spreadsheet. With adoption of the zoning district, no property will be rezoned. That action will occur at a later date, likely in December. Staff received suggested changes from two Planning Commissioners and incorporated their suggestion in the spreadsheet. Financial Impact PUWEREU 0 �A UR None Attachments • "FAST Uses" spreadsheet • FAST Development District DRAFT LANGUAGE N:\Departfnents\CofnmunityDevelopment\Plmning\Cose Files\OA\OA 14-07 FAST Study Area\OA 14-07 sr City of Elk River PC 11-5-14.docx W-1-1d) S1101aH U U ^ ^ U U U U apisIPH (dg`i -I)-ti-WA aa�p �QQ D)adeRrA U U U U U U U O p uoRels � � N p -D`£-D`Z U U U ^ U ^ ^ U ^ avutH \ OUT WUH � a o `dg`£-D) X13en31e9 U U U .^� P-1 U U P-1 r-I ab�w G iaeTH o y Ruapisag ao lsaA& U U a U tiC tiC tiC tiC U bC U tiC u 1(d LI.I, oql dg U U ^ '� bA Ca p`a`q I-H U U a a U U U U ao b-H U N £-H U U p QQ a aUU U U b-D U a U a ao W U a U a U a a a U U U U O Z N N N N b�9 O •y 'U) .a) ccdd � — V N > ( a)UO R O Ul O _ N O a) >+ Ul > w N Ul O O Q u R w m U .0 Ul m U N OUl a) 'O .�+ a) a) °) 6) N '� N b Pte. N C N O Ul 7 m a) m o N vi ul ul a) a m m t E °-(n a) o U) o a) ° c 0 � " a) U ' U ul 0 N U m 0) C C C U .�0 Ul 7 a) �l C -0 O- N a) O_N i O O O m E O a) E tl) _ U U m N O N N U m .�.-• U O a) Q _6 C 0) N O G' Ul a) i U m m ul N 2i w O O N O C — O Q u Y 0 0 Ul a) m m Ul N O 0 m U O N N a) a) "0-' ul -0_ Q 0 m 0 a) O (p o a) .� C C 0 0) �, N : 0- Ul .�.-• .�.-• C N Ul Ul N � N (n '6 O U m C M N E N N U N u p m 0 C C C '6 N N 0 7 0 0 C N C 0 Ul N N N N C M 0 — a) N .N .N 0 (n C - m O — Ul C C C Y a) m 0 '06 U Q U Q C O mC (6 U E N i a) N a) a) m N N N O ! C a) c: m tl) m 0 axi O s) aNi m � �° ul N -- -- -- -- -- m W o .N m n m U (n m s 'c: � � a) a) rn N ux) N a) a m 0) (u o m ul ul a) a) a) a) a) :L- >0 '� '� m aNi aNi .� . m .S a 6 .�_ ul m a) ul ul E E E E E > > Q B o U c ' m m > m = o u) � E E E E E E c c c O O -0 U U rn — rn rn o a) n ° o o ._ `m m a) o o o 0 0 0 0 0 0 Q o Q Q E Q Q Q Q m m m 6 U U U U U U U U U U U U U N cn 't In Ic � w e N 11) 't In w e o N 11) 't In ti ti ti ti ti ti ti ti ti ti ti N N N N N N N N 81101aH U U U r-I U apisWH (dg`i -I)-�i-WA U U U U U U U U U aa'330 (QQ `Z-D`I D)3�eIWA U ea1V uoRe;s -D`£-D`Z U U U U U iC U U U �,P� 'j,U U iC -�)aAIuiH all T (HUH `dg`£-D) XWA31e9 U U aU U D4D4a D4aaU Ua UD4UD4waaUa D4 a D4 raeiH MIAs LI kIL-W 11 Ruapisa,d U U ^ U U CD R. tiC ;saw iae (b-H) ;cnod aqj, (dg`i-I) aiaeuuid aql dg U U U ^ U ^ I-I U U U ^ ao p`a`q I-H U U U U a U U a U UU U aU Ulu aUl I cp b-D U a U U £-D U U U U G U U U U c-p U Z-D U U U U ju c-p U Ul U c-p U p > u) 22 U � U > 7 O O O U Q E O cL N G C N N u) u) O C N N d b f(6A O -o N N O N w u p N u) t t — — b Pte. O N u) Q $ O 2� U O a� c m Q uNi .S w E O - - o E N N .Q N C C .� i u) ,N O N t - E U N n N co LO t tll .0 N co) � d - m vi rn vi E w c o o o N N m w 3 N _ o o - o uNi u o N 3 N N N N o m u a� m o a� 52 ) ) o N U t , m N N m = = = v, ! j N p p w N 7 C tll -O U m :U u) N : o N p O �p 3 tll N O '6 u) u) N w p)-E C u) 'o u 7 7 -a u) U U N -o 'o O N N N N S u� 2 E N 'b tll c- -O N .= .= N �, ,O -o 6 w C N 'j N N � o N U u) O N N E — 7 C 0 0 0 p -o u) U U U N 7 o N _ p c u) N w .�.-� N O N ! Q E N N N N w u) O N U C C N m m uNi .3 3 o N m ° E E o m o a 2 U o r0 m O mw mw x '� N E o o '� m o E E o > N vi w w w E ° ri m `o B > > U U Q v '� o)-o w > > E °? °? '= u�i u�i u�i u�i .� .� o m a� n 0 0 0 ° m o o o N o 0 0 o rn o m m 3 a� d 'o W W W W LL LL LL LL C7 C7 C7 co 0. 2 2 2 J J J J J J N 2 .�. ti 81101aH r-I U ^ ^ U apisIPH (dg`i -I)a�ieIITA aa'330 (QQ D)3�eIWA P-1 eaiv uor;e;s -D`£-D`Z -:))a2uiH a (HUH `dg`£-D) .iem31e9 a U a a a a a U JaeiH 'IIH;seg i;uapisaH ;saw ^ U ^ J;)ATM (b-H) ;cnod;)Iql alaeucnd aclZ dg U U 1-I U ao P`a`il i-H a U a a U QQ a U U U a a s b-D U U aaa £-D U U U a U U a s Z-D a a i-D U U U U a a s ao c C rn o O m m N o m aNi .0 0 `o 0 3 — E m s d H N (6 -0O 0 R N i b N E o f S O N U C i Q E E C := yam.., - O U 7 'O 3 O 3 N O U U N NO V 2 N O O p N N d f0 N (6 (6 b P C V -b O N p O L U N C O T U Q .; Z N N O E N N N Q O) f6 m uj '6 C O O U O O C 3 ! 0 p_ ° E °CL N w (6 0 2O > L �o N C p O 0 O O -O M N Q > �(xZ 3 C C --- o E 0 Q FU c) (n 'o c O s I m O 0) rn o s O n w w c6� � ° o 0 E o — E o Q Q Q i o m O ° E ° N O C U o � a� o -0 a� Q U O N o o O Q U E v- m N O o (1) 0) 0(1) .Q U o o rn rn O T T o > U > ° O m CL-0 s o 0 o° p U > o T n n D 0) ° s T a) a N Q! Q Q .00- 0 . o Q ° n m° ° A � >As v E O v 6 o ° �� o � 00002 00 22 ° I N cn 't Ln �o V o N c w o N 11) � In 10 VV VVV V cc cc W W W W 81101aH U r-I ^ ^ U U ^ apisIPH (dg`i -I)a�ieIITA U r-I aa'330 (QQ D)3�eIWA U ^ ^ G eaiv uoRe;s D`£D`Z a a aatiCtiCUatiC a U -�)a2uiH ;)IT T (HUH `dg`£-D) Xeen31e9 U a aaaaaaD4DCaaD4 a a U a a a a U raeiH 'IIH;s Lt RuapisaH ;saw ^ ^ ^ U iae (d R.L ;uio a alaeuuid U U r-I ra, aciZ dl3 ^ ^ ^ ^ ^ ^ i-I U U U ao p`a`il i-H U a a a U U a t-H a a a a s a £-H a a a a QQ U a a U U Z-D a U U i-� Ua aaU b!J� BOA N N y C N Y E C � E N a) O m O U ° 6 N O O N c O bq c Ul N .Q—(Cu: s 65 Ul V U Ul . N O O V c m 0 0 'O N O! Ul L — -O N C a) m U a) N C O Q 3 1� 10 N U N U -6 (6 a) O N a) Q Ul N tl1 N p — a) U c E 7 ! i w N C C U _ _ _ _ — 'O m (n O — l!� °j -6 Ul N — x a) N 0 C 3 .L Ul U 0) 6 N N N m N Q C m w O c C 6 2i Q o c Q � a0i E v°i U) a� 2 x rn 0) U5 0 -0 -2 U) C U C o CL ui ° m > ° 3 m o . c (n o °� f6 oc a� axi 3 S -0 � o m u) s c E .0 3 ul c c ul vi a) vi -0 -,0) > 'n m a� o a� m ul °� — a) a� v E °� vi m ' ul c voi m °� m o ° ° v ul c 0- .� ca)) m Q > a� 0 m 0 0 o a� °� ul E c w c c N v ° a� .� ul '> a� 0) rn o c u p Q 0).N 0 > a 0 N a) — N 0_ Q Q U w C CO N N C c N N o T ul w c w E N ai a� vi vi x o o N N .S c 3 E vi N o Q v 'm ° °� m e ul w °? m w U c ° 2 w o v c m 6s .3 6s ° o a� v Y '� _ 6s E 0 o 6— — o ° Q'c G -0 6s Y E E m ° Q m m U N > > m N o axi c E 0 fl-2 cn vi U 0 0 W m E ° rn� s °� 0 N E E E E Q m —° w o $ N E 3 c'i 3 c6 aNi E E fyi N a� Q c M 2 2 6s s w o c 0 - 6s -o s N o t '0 cn E 2 U Eo 0 c aa) c .� °? 3 U U ,i m m N N o m 3 .Q ° a) Q O N U O .� O m U 0 N O N 0 N x 65 C 6s o > m a� a� '� '� o c Q ° w 2 a� Q .N c o s w c c `o B > 0 U 0- (n U) a) o o c c o m c 3 6s w E a) E a) U � � Q o a� a� a� a� a� a� m 6s s s s _ n a� — 6s a) a) 0 0 0 o a� � w o, o ti N c ti ti ti 11) In 1 w o, � � � � 0 0 0 0 o o ti ti ti N ti ti n ti ti ti ti ti ti ti ti ti ti ti @�- 8a c 3PIsIPB U2` -a'we c a * * a m2o UG mkIw oiv u0puls g`D% -kma c c all T mga 22` &AA.3 m9 c c a c c JOAm M3_3 kIL-W 11 apisa# £ (m FI U2`) FI a c c a t1 plz)lq># c / »# c e# GG pD eD ED to - / \ / ` \\ 0k / ° / § � (U CL S ® : /« \ f k 0 & § �� ¥ � CL CO 0 [± Jaya = § ce \ ) » La {\ ( \ \_0 E \ � a 6 x / [ / � \ ) 7u E E - • =; E / $ ! 0 � ( c ® ® xG - - \ / \ / [ / \ - � \ \ ) cL00(n \ \ 0 33 tg � oo � 2a « a) ° � 0 \ ) k % % ! // ƒ\ \ The FAST Business District The Southern Twin Lakes Road Business District is established to provide land use, architectural, and bulk regulations to the 900 acres of property located along the southern end of Twin Lakes Road, near its intersection with Highway 10. The District is intended to incorporate the findings and recommendations developed from the 171" Focused Area Study and as amended from time to time. Because of the diverse range of activities envisioned within the district, all within a common master plan, zoning is regulated through the development of sub-zones. The subzones are: The Point East Elk River Gateway The Hinge Office Village Station Area Village Hillside Heights The Pinnacle The Point District a. Purpose. The Point,a subzone of the 1715`Focused Area Plan,is established to provide an environment for High density residential development,maximizing the recreational and aesthetic benefits of the river. Most development is less than 3 stories. b. Uses. Permitted,Accessory, and Conditional uses applicable to the Point sub-zone are listed in section 30-XXX. c. Bulk Kegulations. Bulk regulations applicable to the Point sub-zone are listed in section 30-XX1. d.Architectural Standards. Architectural Standards applicable to the Point sub-zone are outlined in section 30-938. East Elk River Gateway a. Purpose. The East Elk River Gateway (Gateway) subzone of the 1715`Focused Area Plan is established to provide opportunity for destination retail and service developments immediately adjacent to the Highway 10/ Twin Lakes Road intersection. Closer to the river,uses transition to multiple family residential and public open space. The focus of the district is service and retail node intended to serve the regional population while maximizing the recreational and aesthetic benefits of the river. As the Twin Lakes Road and Highway 10 intersection transitions to a interchange, additional right of way will be necessary,requiring the relocation of businesses. These areas anticipated to be necessary for the interchange are identified as temporary destination retail in the FAST study. b. Uses. Permitted,Accessory, and Conditional uses applicable to the Gateway sub-zone are listed in section 30-XXX. c. Bulk Kegulations. Bulk regulations applicable to the Gateway sub-zone are listed in section 30- XX1. d Arcbitectural Standards. Architectural Standards applicable to the Gateway sub-zone are outlined in section 30-938. The Hinge a. Purpose. The Hinge,a subzone of the 171"Focused Area Plan, facilitates development that is not centered on access, as anticipated changes to Highway 10 access will impact traditional Highway centric uses. Care should be employed to provide site design that can accommodate fronting both 1715`and Twin lakes Parkway. Uses are Jobs and services centric, recognizing the shift in traffic patterns. Accessory improvements,i.e. seating,trails, lighting etc. shall be employed to maximize the benefit of the wetlands within the area. b. Uses Permitted,Accessory, and Conditional uses applicable to the Hinge sub-zone are listed in section 30-XXX. c. Bulk Kegulations. Bulk regulations applicable to the Hinge sub-zone are listed in section 30-XX1. d.Arcbitectural Standards. Architectural Standards applicable to the Hinge sub-zone are outlined in section 30-938. Office Village a. Purpose. The Office Village a subzone of the 1715`Focused Area Plan provides for redevelopment toward large office, Business Center,and showroom businesses. Good visibility but poor access once the transportation system is finalized will yield attractive, destination type development opportunities. The focus of the district is job creation,where Highway access is not a necessary component of successful businesses. Most development is less than 3 stories. b. Uses. Permitted,Accessory, and Conditional uses applicable to the Office Village sub-zone are listed in section 30-XXX. c. Bulk Kegulations. Bulk regulations applicable to the Office Village sub-zone are listed in section 30-XX1. d.Arcbitectural Standards. Architectural Standards applicable to the Office Village sub-zone are outlined in section 30-938. Station Area Village a. Purpose. The Station Area Village subzone of the 171"Focused Area Plan provides for redevelopment toward pedestrian oriented development,urban scales,provides a mixture of housing, employment, service, and recreational opportunities immediately adjacent to the Commuter Rail station. The success of the subzone is predicated on the development of an attractive, welcoming gathering place that meets a variety of needs. Most development is less than 4 stories. Development shall be carefully considered and organized to promote internal easy, comfortable circulation and navigation. Connections between buildings, and sub areas beyond are vital to the success of area. Parking areas shall be carefully considered,and located internal to blocks,to maximize development at the street. b. Uses. Permitted,Accessory, and Conditional uses applicable to the Station Area Village sub-zone are listed in section 30-=. c. Bulk Kegulations. Bulk regulations applicable to the Station Area Village sub-zone are listed in section 30-XX1. d.Arcbitectural Standards. Architectural Standards applicable to the Station Area Village sub-zone are outlined in section 30-938. Hillside Heights a. Purpose. The Hillside Heights subzone of the 171"Focused Area Plan establishes an environment that provides a range of housing options and takes advantage of wetland views and woodland typology. The area provides for attached family development,preserving the maximum green space amenities will affording maximum density near employment, transportation, and service centers offered by the other subzones. Most development is less than 3 stories. b. Uses Permitted,Accessory, and Conditional uses applicable to the Hillside Heights sub-zone are listed in section 30-XXX. c. Bulk Kegulations. Bulk regulations applicable to the Hillside Heights sub-zone are listed in section 30-XX1. d.Architectural Standards. Architectural Standards applicable to the Hillside Heights sub-zone are outlined in section 30-938. Pinnacle District a. Purpose. The Pinnacle Zoning district, a subzone of the 1715`Focused Area Plan,is established to provide an environment for certain industrial, office, and commercial uses which are compatible with and complement each other. The focus of the district is job creation,where Highway visibility is not a necessary component of successful businesses. Most development is less than 3 stories. b. Uses Permitted,Accessory, and Conditional uses applicable to the Pinnacle sub-zone are listed in section 30-XXX. c. Bulk Kegulations. Bulk regulations applicable to the Pinnacle sub-zone are listed in section 30- XX1. d.Arcbitectural Standards. Architectural Standards applicable to the Pinnacle sub-zone are outlined in section 30-938. �%1--d \ C \ C Q# } \ \ @k : 2 (D %�-'I;)@;)pl@ / \ % % z 8 \ \ Ra 1-1) W®SO &a y,vm RTA®*ems 8 \ « k g wm��@«I \ \ % 8 8 \ %aB 2 \ 2 e » ; %avm am_o \ =7 qH IsuYt § \ \ g e ( � ) \ \ \ 7 7 (D m- ® § �T / v r r \ a « ` ± - ® ~ : : © : .. i to be removed Underlines to be added City of Elk -m"' -� River Ordinance 14 - An Ordinance Amending Section, 30, Land Development Regulations of the City of Elk River, Minnesota, City Code to Establish Southern Twin Lakes Road Business District The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That Chapter 30, Land Development Regulations, of the City of Elk River Code of Ordinances shall be amended to add Section 30-1590, to read as follows: Sec.30-1590. TLR Southern Twin Lakes Road Business District. (a) Purpose. The Southern Twin Lakes Road Business District is established to provide land use, architectural, and bulk regulations for the 900 acres of property located along the southern end of Twin Lakes Road,near its intersection with Highway 10. The TLR District is intended to implement the findings and recommendations developed in the 171"Avenue Focused Area Study ("FAST Study") approved on June 19, 2010 and as amended from time to time. Because of the diverse range of activities envisioned within the district, all within a common master plan, zoning is regulated through the development of subzones. The subzones are: A. The Point B. East Elk River Gateway C. The Hinge D. Office Village E. Station Area Village F. Hillside Heights G. The Pinnacle Office Village (b) Subzone A. The Point. 1. Purpose. The Point,a subzone of the FAST Study Plan,is established to provide an environment for High Density Residential Development,maximizing the recreational and aesthetic benefits of the river. Most development is less than 3 stories. 2. Uses. Permitted,Accessory,and Conditional uses allowed in Point subzone are listed in Section 30-1591. 3. Bulk Kegulations. Bulk regulations applicable in the Point subzone are listed in Section 30- 1592. 4.Architectural Standards. The Architectural Standards set forth in Section 30-938 shall be applicable in the Point subzone. (c) Subzone B. East Elk River Gateway. 1. Purpose. The East Elk River Gateway (Gateway) subzone of the FAST Study Plan is established to provide opportunities for destination retail and service developments immediately adjacent to the Highway 10/ Twin Lakes Road intersection. Closer to the river, uses transition to multiple family residential and public open space. The focus of the district is service and retail node intended to serve the regional population while maximizing the recreational and aesthetic benefits of the river. As the Twin Lakes Road and Highway 10 intersection transitions to an interchange, additional right of way will be necessary, requiring the relocation of businesses. The areas anticipated to be necessary for the interchange are identified as temporary destination retail in the FAST Study Plan. 2. Uses. Permitted,Accessory,and Conditional uses allowed in the Gateway subzone are listed in Section 30-1591. 3. Bulk Kegulations. Bulk regulations applicable in the Gateway subzone are listed in Section 30-1592. 4.Architectural Standards. The Architectural Standards set forth in Section 30-938 shall be applicable in the Gateway subzone. (d) Subzone C. The Hinge. 1. Purpose. The Hinge,a subzone of the FAST Study Plan, facilitates development that is not centered on access, as anticipated changes to Highway 10 access will impact traditional Highway centric uses. Care should be employed to provide site design that can accommodate fronting both 171"and Twin lakes Parkway. Uses are jobs and services centric, recognizing the shift in traffic patterns. Accessory improvements,i.e. seating, trails, lighting etc. shall be employed to maximize the benefit of the wetlands within the area. 2. Uses. Permitted,Accessory,and Conditional uses allowed in the Hinge subzone are listed in Section 30-1591. 3. Bulk Kegulations. Bulk regulations applicable in the Hinge subzone are listed in Section 30- 1592. 4.Architectural Standards. The Architectural Standards set forth in Section 30-935 shall be applicable in the Hinge subzone. (e) Subzone D. Office Village. 1. Purpose. The Office Village a subzone of the FAST Study Plan provides for redevelopment toward large office,Business Center,and showroom businesses. Good visibility but poor access once the transportation system is finalized will yield attractive, destination type development opportunities. The focus of the subzone is job creation, where Highway access is not a necessary component of successful businesses. Most development is less than 3 stories. 2. Uses. Permitted,Accessory,and Conditional uses allowed in to the Office Village subzone are listed in Section 30-1591. 3. Bulk Kegulations. Bulk regulations applicable to the Office Village subzone are listed in Section 30-1592. 4.Architectural Standards. The Architectural Standards set forth in Section 30-938 shall be applicable in the Office Village subzone. (� Subzone E. Station Area Village. 1. Purpose. The Station Area Village subzone of the FAST Study Plan provides for redevelopment toward pedestrian oriented development and urban scale and provides a p I I E I 1 0 1 ! NATUREI mixture of housing, employment, service, and recreational opportunities immediately adjacent to the Commuter Rail station. The success of the subzone is predicated on the development of an attractive,welcoming gathering place that meets a variety of needs. Most development is less than 4 stories. Development shall be carefully considered and organized to promote internal easy, comfortable circulation and navigation. Connections between buildings, and areas beyond, are vital to the success of subzone. Parking areas shall be carefully considered, and located internal to blocks,to maximize development at the street. 2. Uses. Permitted,Accessory,and Conditional uses allowed in the Station Area Village subzone are listed in section 30-1591. 3. Bulk Kegulations. Bulk regulations applicable in the Station Area Village subzone are listed in Section 30-1592. 4.Architectural Standards. The Architectural Standards set forth in Section 30-938 shall be applicable in the Station Area Village subzone. (g) Subzone F. Hillside Heights. 1. Purpose. The Hillside Heights subzone of the FAST Study Plan establishes an environment that provides a range of housing options and takes advantage of wetland views and woodland topography. The subzone provides for attached residential development to preserve the maximum green space amenities and to afford maximum density near employment, transportation and service centers offered by the other subzones. Most development is less than 3 stories. 2. Uses. Permitted,Accessory,and Conditional uses applicable to the Hillside Heights subzone are listed in section 30-1591. 3. Bulk Kegulations. Bulk regulations allowed in the Hillside Heights subzone are listed in Section 30-1592. 4.Architectural Standards. The Architectural Standards set forth in Section 30-935 shall be applicable in the Hillside Heights subzone. (h) Subzone G. Pinnacle District. 1. Purpose. The Pinnacle Zoning district, a subzone of the FAST Study Plan,is established to provide an environment for certain industrial, office, and commercial uses which are compatible with and complement each other. The focus of the subzone is job creation, where Highway visibility is not a necessary component of successful businesses. Most development is less than 3 stories. 2. Uses. Permitted,Accessory,and Conditional uses allowed in the Pinnacle subzone are listed in Section 30-1591. 3. Bulk Kegulations. Bulk regulations applicable in the Pinnacle subzone are listed in Section 30-1592. 4.Architectural Standards. Architectural Standards set forth in Section 30-938 shall be applicable in the Pinnacle subzone. SECTION 2. That Chapter 30, Land Development Regulations of the City of Elk River Code of Ordinances, shall be amended to add new Section 1591, as set forth in attached in Exhibit A attached to this Ordinance. NATURE SECTION 3. That Chapter 30,Land Development Regulations of the City of Elk River Code of Ordinances, shall be amended to add new Section 1592 to read as set forth in Exhibit B attached to this Ordinance. 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 pIIEIEI 11 NATUREI Exhibit A Section 30-1591 Uses P � WEiiEO sti A f U R Uses by Sub-Zones Sec 30-1591 Uses 1 Aboveground storage tanks. C C C C ccessory structure prove e e materials are the same as those of the existing principal A A A A 2 g al structure.p p 5 Agricultural uses (less than five-acre lot size). C C C 6 Agricultural uses (more than five-acre lot size). P P P 7 Apartments subordinate to the principal use. C 9 Boardinghouses. C C 10 Bottling and distribution. C C 11 Broadcasting studios and facilities. C P C us storage. Not to exceed en buses, unless the property has 12 direct access to an arterial or collector street. C C 13 Business and professional offices. P C P P P P P 14 Car, truck, RV and marine sales and service. C C C C 15 Carwash facilities. C C 16 Cemeteries minimum lot size four acres. C 17 Class I restaurants. P P P P P 18 Class 11 restaurants. P P P C P 19 Commercial and residential parking lots and ramps. C 21 Commercial kennels C C C C 22 Commercial parking lots and ramps. C 23 Commercial recreation facility. C C C C C 24 Conditional home occupations. C C C 25 Convenience retail sales of goods and services. P 26 Convenience store. P P C C 27 Cooperative gardening in preserved open space. P C Development of properFy-TiThin bO feet of e wild and scenic river district. C C C C C C 29 30 Dry cleaning and laundry establishments. C C C C C 32 Duplexes. P P 33 Educational institution. C C C 34 Educational/institutional uses. C 35 Enclosed light manufacturing with related retail sales. C C C 36 Equipment rental businesses. C C 39 Financial institutions. P P C P P 41 Golf courses and country clubs. C C 42 Governmental buildings and facilities. P P C C Page 1 Sec 30-1591 Uses �+ :� .� orm A-4 43 Governmental offices. P P C C C C 44 Home occupations. C Homeowner-occupied bed and breakfast establishments shall be allowed in all residential districts as a permitted use, subject to site plan review, provided the use complies with the following criteria: a. Off street parking shall be provided at a rate of one space per guest room plus those required for the single-family use. A piggy- backed or tandem parking arrangement is permitted; b. Off street parking shall be provided on an existing driveway; c. Signage shall be limited to one freestanding sign, not to exceed four feet in P C P P height and eight square feet in size, and one wall sign not to exceed four square feet in size. Signs shall not be illuminated; d. The exterior appearance of the structure shall not be altered from its single-family character; e. The proposal shall comply with all building and fire code requirements; If the proposed bed and breakfast business does not comply with one or more of the above 45 criteria, it will require a conditional use permit. 46 Horticulture and floriculture services in preserved open space. C C 47 Hotels and motels. P C 48 Hotels. P 49 Institutional uses. C C C C C C C C 51 Licensed day care facilities for 17 or more children. C C C C C 54 Licensed daycare facilities for 16 or fewer children. P P P P P 55 Light manufacturing. P P C P 56 Loading areas/overhead doors when located in front yards. C C C C 57 Mail order operations. P P C P 59 Medical, dental, and optical labs. P P P 62 Model homes in compliance with section 30-800. P P P Motor vehicle repair shops, provided that they meet the following conditions: a. All repair services shall be conducted inside the building; b. Merchandise shall be stored inside the building; c. All damaged vehicles stored on the premises shall be stored within an area which is screened by a six-foot high 100 percent opaque fence constructed of factor finished metal or vinyl material; d. The C C C C y y building shall comply with the material requirements of this section, and 30 percent of any building face and all overhead doors facing any public street shall be constructed of glass material; e. No sales or display of merchandise outside the building; f. The 64 1building shall be a minimum of 15,000 square feet. Page 2 Sec 30-1591 Uses �+ :� .� orm F-i .� ,� U, �00 65 Motor vehicle service stations. C C C 66 Motor vehicle specialty shops. C C Multiple-family we ings provided a business /commercial uses 67 at street level occupy the floor. P 68 Multiple-family dwellings without commercial on first floor. C 70 Multple-family dwellings P P C Non-homeowner-occupied bed and breakfast establishments, located on a collector street or above, as identified in the city's comprehensive transportation plan, shall be a conditional use in all C C C residential districts, provided the use complies with the following 71 criteria: 72 Nonprofit clubs, lodges or halls. C C C C C X Nurseries, produce mares, and garden centers, which may include outdoor display. C P X 73 74 Offices. P C P P 75 Off-sale liquor stores. C 76 On-sale liquor establishments. P C C C 77 Outdoor storage area accessory to principal use. A A Outdoor storage, provided the storage area is a. Is accessory to a principal permitted or conditional use; and b.Complies with the accessory structure setback requirement applicable to the property; and c. Is no larger than 30 percent of the building area; and d. Includes screening so as to provide a visual barrier. Any C C such barrier shall reduce visibility in a manner that restricts vision of the object being screened, but is not required to totally block the vision of any such object. 1. Screening shall be consistent with the screening requirements outlined for Outdoor Storage within the 78 Business Park zoning district 79 Outpatient health care facilities. P C P P P Pawnshops (2bU-toot setback rom any residential zone an - foot setback from schools, parks, day care centers, churches and C 80 other pawnshops, measured from the property line). 81 Permitted home occupations. P P P 82 Personal service establishments. P P P P 83 Physical recreation and training. P P P P P 84 Printing shops and publishing shops. P P ri s buildable i ce acres or greater, 85 excluding ots located in cluster subdivisions (see [subsection P P g Private kennels on parcels less than five buildable acres or lots 86 located in cluster subdivisions. C C Page 3 a G� bIJ O cC bIJ C� bIJ ,� ,L" Sec 30-1591 Uses :ti � � a� � � '� °' � w � � .�o'"M H � 87 Private stables in preserved open space. C C gg Produce markets. C 89 Public parks, playgrounds and open space. P P P P P P P P 90 Recycling processing centers. C C 91 Repair and maintenance, excluding auto repair. C P C P 92 Research and development laboratories. P P P P 93 Research/design facilities. P P P 94 Retail sale of gasoline. P C 95 Retail shops and stores. P P P P P 96 Sale of firearms. C P P P P 97 Sauna establishments. C C 99 Shopping centers. P C C 100 Showroom space. P P P P 101 Single family dwellings. P P P State-licensed residential facilities or housing with services establishments registered under Minn. Stats. ch. 144D serving six or fewer persons, licensed day care facilities serving 12 or fewer persons and group family day care facilities licensed under Minnesota Rules, parts 9502.0315 to 9502.0445, to serve 14 or fewer children, except that a P P P P residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall 103 not be a permitted use. 104 Telecommunication operations. P P C C P 105 1 emporary mobile homes used as a residence. C C erapeu is massage and sauna establishments operated as a 106 home occupation. C C erapeu is massage when offered within the confines of a 107 medical or chiropractic clinic. P P P 108 Towers less than 60 feet in height. P P 109 Townhomes, 12 units per structure Maximum C P own omes, with no more than six dwellings per structure i in a 110 row or no more than eight dwellings per structure if back-to-back. P 111 Triplexes. P 112 Truck and implement sales. C C 113 Veterinary clinics. C C C 114 Vocational, technical and trade schools. P C C C Page 4 4� bJ0 ,� � b,A V b,A .�orm Sec 30-1591 Uses �+ :� .� �", .V- A.( Warehouse space exceeding 50 percent of e total building floor 11 area u to a maximum of 65 percent. C C C C 5 p p 116 Warehouse space not exceeding 50 percent of the entire building. P P C P 119 Wayside stands in preserved open space. C C 120 Wholesale businesses. P P 121 Zero lot line development. C Page 5 Exhibit B Section 30-1592 Bulk Regulations P " "" 6 ti A WR 0 0 0 0 PLO PLO 0 W04 0 Dest. HDR Retail Minimum lot size (square feet- 43,560 See R-4 11,000 See R-4 43,560 43,560 0 43,560 11,000 Minimum frontage 100 See R-4 80/100 1 See R-4 100 150 0 100 80/100 1 Front Setback 30 30 30 30 25 25 0 30 30 Side Setback 25 10 20 10 20 20 0 25 10 Garage setback 5 5 Rear setback 20 25 30 25 40 20 20 20 20 Maximum lot coverage 40% 40% 25% 40% 40% 35% 40% 40% 25% 3 4 stories 3 stories 4 stories 3 stories r r r 45 30 40 50 stories or 40 feet o 50 0 40 0 50 or 40 Maximum Height feet feet feet feet eet Accessory structure front 30 30 35 30 25 25 25 30 Accessory structure side 10 10 20 10 10 10 10 10 Accessory structure rear 10 10 30 10 10 10 10 10 1 story 1 story 1 story 1 story Accessory structure and 15 and 22 and 15 35 35 35 and 15 maximum height feet feet feet feet 1 80 foot min. frontage, 100 feet on corner lots All dimensions in feet unless otherwise noted One accessory structure per lot is permitted Owner Mississippi Highlands LL C's Statement in Opposition to the Proposed Elimination of Car Sales as a Conditional Use in The Hinge Zoning Area We are here this evening to speak again on behalf of the owner of Lot 4, Block 1, Mississippi Ridge Second Addition, in opposition to the rezoning of that property from commercial to residential. We presented our statement in opposition to the proposed rezoning last week, and repeat that statement here. Tonight we must also speak in opposition to the proposed elimination of auto sales as a conditional use in The Hinge zoning area. The City's plan and map of the area indicate that car sales would be eliminated as a conditional use for Jabez Second Addition, which is property that has been developed, and now is being developed, for the specific use of car sales. The owner's statement in opposition to the elimination of car sales as a conditional use is based on the following factors: 1. The City has agreed that the site is to be developed and used for car sales. In the owner's November 25, 2013 Memorandum in support of plat approval and the issuance of the requisite conditional use and variance, the owner's representative provided the following overview statement: "Cornerstone Auto is proposing a new KIA dealership in the southeast corner of the intersection of US Trunk Highway 10 and 171" Avenue. The proposed building will be used for new and used auto sales, parts sales and vehicle repair." Pursuant to the owner's applications for approvals, the City issued its Order of Variance on January 14, 2014, allowing the development to proceed. On January 21, 2014, the final plat was approved and a Conditional use Permit was issued to allow "Automobile Sales in the C3 Zoning District." Then, on April 21, 2014, the City and the owner entered into a Development Agreement that, in effect, required the development of the property for use as a car sales facility. Please refer to the plat approval, the variance order, the issuance of the conditional use permit and the execution and performance of the Development Agreement, with regard to the understandings and agreements between the owner and the City with respect to the use of the Jabez Second property as a car sales facility. 2. She owner has expended substantial sums as required by the City, in reliance on the owner's having a properly zoned legally conforming use property for an automobile sales facility. In reliance on the City's actions set forth above, the owner spent approximately $875,000 fulfilling the City's requirements for improvements, as set forth in the Developer Agreement, and paying the various related charges, fees, costs, assessments and expenses. Please see the statement of costs appended hereto. . She owner has also paid out millions of dollars to develop this property in reliance on its having a properiv zoned conforming use property for an automobile sales facility. She owner has spent in excess of $3.2 million to develop and build a new KIA dealership facility on this property. That outlay was made in reliance on the property's use being legal and conforming. 4. She prior findings of the City support the use of this property for car sales. Please refer to the findings set forth in the City issued resolutions, permits and approvals. By example, "She variance...will remain consistent with the city's comprehensive plan." (See Variance Order.) And, "She proposed subdivision is consistent with all applicable general and specialized city, county, and regional plans including, but not limited to, the city's Comprehensive Plan." (See resolution 14-£I6.) 5. If a property is deemed to be or becomes a non-conforming use various adverse consequences follow. We direct the Commission's attention to Minnesota Statutes, Section 462.357, for the applicable state statute, but generally, and to quote from various sources, once a property becomes non- conforming, various adverse consequences follow: 2 "Local restrictions typically prohibit expansion of nonconforming uses and structures. Nonconforming uses usually lose their legal status under local regulations if they are discontinued for a particular period of time, such as six months or a year. Nonconforming structures typically lose their legal status if they are destroyed, such as by fire, in whole or in part." (MRSC of Washington.) "Also known as a prior nonconforming use (P U), this exists when a zoning code is changed, but a parcel of land that is already being used for something disallowed by the new zoning code is 'grandfathered in' (is allowed to continue). For example, if a neighborhood zoning is changed to residential, a corner grocery store may be allowed to continue to operate. The PNU will generally end when the use of the land is changed (so If the grocery store closes, the new zoning code will bar a new store from moving in)." (Cornell Law School Legal Information Institute.) 6. These adverse consequences and restrictions adversely affect the value of the affected property. Should it become necessary, we are prepared to offer testimony by appraisers to the effect that a non-conforming property is less valuable than the same property that is legally conforming. 7. Other adverse conseguences may follow as well should this property become non-conforming. We are concerned that the property (a) becomes more difficult to finance, and (b) may be in violation of the owner's franchise agreement and (c) in conflict with state regulations governing the locations of car sales facilities. By example, Minnesota Statutes, Section 168.27 MOTOR VEHICLE DEALERS; VIOLATIONS, PENALTIES provides that a new or used car dealer: 1i...must have an established place of business which shall include as a minimum... a commercial building owned or under lease by the licensee...." A "commercial building" is defined as: 3 ��...a permanent, enclosed building that is on a permanent foundation an connected to local sewer and water facilities or otherwise complying with local sanitary codes, is adapted to commercial use, and conforms to local government zoning requirements." (Emphasis added,) The owner simply cannot afford to have the subject property be non- conforming. g. Neighboring uses include legally conforming properties used for auto sales. Properties just to the north of 171't Avenue are used for the legally conforming use of auto sales. Immediately north of 171st Avenue is AT Repair, a used auto sales and repair facility, and immediately north of that is Cornerstone Auto, a related entity selling Ford, Chrysler, Dodge, Jeep and Ram vehicles. . We have a brand new auto sales facility that is almost ready to open, with an expansion opportunity on neighboring ro ert . The auto sales facility that is still in the process of construction, but which is almost ready to open, should be allowed as the conditional use that the City granted less than 10 months ago. We need to have the conforming use continue for this brand new facility, and we need the conditional use for this zoning area to continue, to allow the owner to expand. No new business builds out to its maximum potential. Hopefully, this conditional use will be successful and can expand. Taking array the present conditional use of auto sales would prevent expansion of the business. From our perspective, such expansion would be good for the owner and good for the community. 10. Section 30-575 of the C t s Zoning Code sets forth the considerations for a zoning amendment which would not be met here if the conditional use is removed from this zoning district. Section 30-575 of the City's Code of Ordinances states in part: "...consideration shall be given to existing conditions within the area directly and indirectly affected by the proposal, the conservation of property values...." Rezoning this property to remove the conditional use of auto sales will have an extremely adverse effect on the value of the subject property and on adjoining property as well. 4 For these and other reasons, the owner opposes the suggested amendment of the zoning of the property that would remove auto sales as conditional use. Thank you. 5 Item Direct Cost-city indirect Cott tictes Plat Application 527340 Platting E=w $1,000.00 Title Work for the P fat $0.00 Title work required for loan arirmay Con Engineering for Plat Conditional Use Application $275,00 $5=,00 COr,in addition to iiUNCY,grading drainage plans Conditional Use Escrow $1,000.00 Variance $275m Variance Escrow $11030.00 Subdivision Exemption 5100.OD Recording Subdivision Exemption $46.00 Sherburne County Recorder Public Hearing Malting Labels $3735 Sherburne County Public works County Surveyor Review $300-00 Sherburne County Public works Plat Mylars $395A7 Plat Recording $5640 Sherburne County Recorder Park Dedication Pee $20,84100 Surface Water Management Fee $303.00 Plrst Sealf Coat Fee $1,750.00 Road Construction 367,887,20 Cost of City Required Rl&.of-way $662,00100 1.52 acres or 66,211 square tear Land Purchase $53,500.00 Attorney:Fees for Land Purchase $2,100.00 Title Work for Land Purchase $1,050-00 Title Company Recording Deed $46,50 Sherburne County Recorder($,50 for a copy) Deed Tax $176.55 Sherburne County Auditor/Treasurer ,Recording Seller's Affidavit $116.50 Sherburne County Recorder($.50 for a copy) Building Permit&Sawer Availability Charge $32,730,24 IncludeiSt-Ate Surcharge(.0005%) Water Availability Charge $11,894.91 Sales Tax on VVAC Fee e,817,79 Plumping Permit Mechanical Perrrit Sign Permits City Road inspection $6,8()0,00 Letter of Credit Fee to the Bank $1,018-00 For the construction of the road Totals $811,433-35 $63,572.IS $875,WS,SO Mayor Dietz, VVeat Riverview Sports and Marine are submitting this letter toinfonmyouofour necessity to remain zoned conditional use in the newly formed pinnacle district. {f there isany reason this request cannot be met, please contact us at your earliest convenience to discuss further. Otherwise, we took forward to seeing this designation assigned in the upcoming -meet}ng>- -- --- --- ----- -- ' ------- --- - —' - -- ----- --- ---- . '--- -'----- - Thank you, Les Lundquist Riverview Sports and Marine I7445 Hwy 1O, Elk River,55330 612-336-8402 October 24, 2O14 '