4.1. SR 12-07-1998ity of
Items #4.1.
MEMORANDUM
TO:
FROM:
The Mayor and City Council
Stephen Wensman, Planner ~
DATE:
December 7, 1998
SUBJECT:
Request by Doug Ringold for an
Ordinance Amendment, Public
Hearing Case No. OA 98-6
Request
Please consider a request by the applicant for an ordinance amendment to
allow commercial recreation as a conditional use with a retail sales as an
accessory use for unplatted property in the I1 (Light Industrial) zoning
district.
Location
15536-15546 Cleveland Street NW, General Description: NW ¼ ,NE ¼ of
Section 24, Township 32, East of Cleveland St. and southwest of U.S.
Highway 10.
Zoning/Land Use
I-1 (Light Industrial) / LI (Light Industrial)
Attachments
· Location/zoning map
· I-1 Light Industrial Zoning
· Landuse Map
· Map of unplatted light industrial land
· Applicant's letter
· Comparison by City
Resolution No. 98-
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to City Council/OA 98-6
December 7, 1998
Page 2
Overview
The applicant requests an ordinance amendment in order to utilize an
existing structure and building pad for commercial recreation purposes. The
site is adjacent residentially zoned land and behind commercial businesses
fronting on Highway 10. The applicant wishes to have the facility be in Elk
River and believes this site is perfect site for his proposed business. The
applicant believes the request is justified as it will provide approximately 10
jobs to the area, provide entertainment for youth, and locate a successful
business to a site that has had failed businesses in the past.
Comprehensive Plan
In the Comprehensive Plan, this area is designated as light industry. Sewer
and water are not likely to be provided to this area. The Comprehensive Plan
also expresses a concern for development standards that ensure maintenance
of a quality industrial sector.
Outdoor Use
According to the Elk River Zoning Ordinance definition, commercial
recreation is defined as both an indoor and outdoor use. The definition is as
follows:
COMMERCIAL RECREATION: A building, structure or open space
designed, constructed and operated by private enterprise for
recreational purposes and open to the general public. The
facility must meet the minimum lot size of the zoning
district. Such facilities may include bowling alleys, tennis
courts and other leisure uses.
Zoning Ordinance
Presently, neither commercial recreation nor retail are a permitted or
conditional use in the I1 zoning district. Commercial uses in general are
inappropriate in an industrial zone, however, the limited available unplatted
land for use and the assorted land-uses in the adjacent areas allow some
justification.
Commercial recreation is presently allowed in C3 and A1 as a conditional
use. Retail shops are permitted in the C1 and C3 zones, and in the BP zoning
as a conditional use. Staff did suggest the applicant request changing the
zoning to C3 (Highway Commercial), however the property owner was not
cooperative.
s:\planning\stevewen\ccmmo\oa98-6cc.doc
Memo to City Council/OA 98-6
December 7, 1998
Page 3
If the ordinance is amended, commercial recreation will be allowed as a
conditional use in all unplatted light industrial zones with retail shops as an
accessory use. The majority of the unplatted industrial land exists off
Highway 10 in southeast Elk River.
Comparison by City
The cities surveyed vary as to where they permit commercial recreation.
Some cities do not specify while others allow it in industrial districts as a
conditional use with retail as a accessory use. The survey doesn't reveal a
generally accepted permitted zoning classification for commercial recreation.
Planning Commission
At the November 24, 1998, public hearing, the applicant discussed his
intentions and answered questions. No one else from the public spoke on this
matter. The Commission recommended approval of the ordinance
amendment.
Recommendation
Staff and the Planning Commission recommend that the City Council
recommend approval of an amendment to the Elk River Ordinance, section
900.10 to allow commercial recreation as a conditional use for unplatted
industrial land in the I1 zoning and allow retail as an accessory use under
the following conditons:
The retail sales activity is not located in an administrative office facility,
but is located within a business, the principle use of which is not
commercial sales.
· The retail sales activity shall not occupy more than fifteen percent (15%)
of the gross floor area of the occupied quarters.
· The retail sales activity is accessory to the principle use.
· No sign identifying the retail sales shall be visible from the outside of the
building.
s:\planning\stevewen\ccmmo\oa98-6cc.doc
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13065 Orono Parkway. P.O. Box 490 CAS E: cu 98-27
Elk River, MN 55330
I1 (LIGH'[' INDUSTRIAL ZONING)
14. ~-1 Light !ndustria~
STATEMENT OF pUB3OSE: This District shall serve as a transition
between more industrial uses and residential and other business
This District is appropriate for manufacturing,
. · ses because of access to
uses ..... ~, and similar lndu~tr~a~,u .... ~ment of urban settings
warehousing, tn°~°uu~=~2~ H~stance from reslsenL;=~
such as sewer anG water, =~'~ ~- development of
intended to encourage the
These areas are __ ~uiet. and free of hazardOu~ or
industrial uses which =~e clean, ~ ._ ~-~t smoke, gla~e,
objectionable elements such as noise, oQ?r,.~u~'~atible wi%h
or other pollutants. These industries snou£u ~= .....
each other and with surrounding land uses.
A. permitted Users
i. offices
9.35
ii. Warehouses
iii. Research/design facilities
iv. Wholesale businesses
v. Medical, .dental, optical labs
vi. Light manufacturing
Accessory Uses
Conditional Uses
i. Outdoor storage area accessory to principal use
ii. Single family residential dwelling units
accessory to principal uses, provided:
(1) That the nature of the principal use of the
property makes it necessary or highly desirable
from both the property owners and the City's
perspective to have a twenty-four (24) hour a day
caretaker or security person reside on the
property.
(2) That the proposed dwelfkng 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
(3) That the proposed building unit will be
occupied by no more than two persons, one of whom
must be an immediate family member (husband,
wife, father, mother, or child) or the owners of
the principal use of the property and neither of
whom may be under eighteen (18) years of age.
(4) That there will be only one dwelling unit per
lot or, if one principal use is located on
several adjoining lots, per principal use.
(5) That the proposed dwelling unit not exceed
eight hundred (800) square feet in size and be
located within a building serving the principal
use of the property which is no less 5hah ten
thousand (10,000) square feet in size.
(6) That 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.
9..~6
(7) That the proposed dwelling unit meets all
other requirements of the City Code and 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.
(8) That the conditional use allowing such a
doweling 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 or the principal use of the property
changes.
iii. Recycling processing center
iv. Bottling and distribution
v. Mini-storage
vi.
Water/sewage treatment
vii. Auto repair shop
viii. Grain and feed elevators
ix. Multiple principal structures on one lot
x. Sexually oriented land uses
xi. Temporary structures
xii. Government buildings and facilities
xiii. Broadcasting studios and facilities
xiv. Truck and implement sales
xv. Commercial kennels (indoor)
LAND USE MAP
A. Tailwind Trailers
B. Better Yards and Gardens
C. Furniture and Things
D. Counseling Office
E. Residence?
F. Residence for sale, zoned C3
G. Furniture and Things
H. Farm house
I. Farm field
J. Farm market and used auto sales
K. Mini-storage
L. David Decker warehouse / Print Wizard / DJ's
MAP OF Ut
LATTED LIGHT INDUSTRIAL ZONll
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~ ~ ~,,..:m~ ZONING MAP
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DTR Inc.
1808 Main Street
Elk River MN 55330
612-441-0805
Fax 612-241-9277
Subject: Amendment of light industrial code to include commercial recreation
as a conditional use.
The reason for my request to amend the code is to be able to utilize a
building on the west parcel of land described.
As for advantages to my company and I know that changing code for one person
is not the issue here but it is the reason for my request, I would be able to
do several very positive things with the area to 1. create approx 10 jobs the
first year and several additional jobs as the company grows. 2. to create a
entertainment for the youth of Elk River, 3. To put a successful business in a
building that has a history of failed business.
My plans include 2 definite and several possible.
The first plan includes building an indoor radio controlled race track in the
north heated bay of the building, and a small hobble shop to support the track
with replacement parts and racing equipment. My motivation is simple for this
and that is that I have personally been involved with the hobbie of RC racing
for 14 years and have watch literally 100's of kids grow up while racing and I
can not recall a single one going bad, they develop a lot of positive skills
while racing that include mechanical skills, eye hand coordination, team
building, emotional discipline, to list a few. To give you an example since
it was first found out that a indoor track would be possible I have had over
60 people calling offering volunteer labor to do what ever it takes to get the
track built. This has come from racers, parents of racers, people from every
age group from 10 years old to 61. This I think is a testomony to the type of
people that are involved in this and also the type of character the hobble as
a whole has helped form.
This is not my primary business, I own DTR Inc. which is a very successful
roofing company who has been growing rapidly using local labor staff, and has
grown 6 fold this year without any advertising other than an add in the local
paper, the rest is due to word of mouth, which is one of the other purposes of
the building to locate our corporate offices in the existing office space in
the bulling. This will include myself, 2 support staff, 3 sales people, and
we will be also be adding 2 coordinators and more sales staff in the spring,
we are presently a company of approx 80 people including subcontractors and
plan to double that next year.
As for the south end of the building (cold storage) we have several
possibilities.
1. Start buying our shingles, and supplies in bulk and storing them, this plan
would possibly evolve into becoming a shingle distribution company.
2. Subleasing the cold storage out to a local contractor who needs a place to
store his equipment.
3. Insulate and sheetrock a 100' area of the back to build a larger track
area, and using the rest again for cold storage.
4. Rent out the back for boat and rv storage which is what our plan is for
this year.
5. Expanding office space in that direction to accommodate our growing
business.
As for the outside area I have illustrated on the plot map where I would like
to build an outdoor RC track, the remainder of the area would be parking lot.
We have no plans for any outdoor storage at this time, the possibility of
outdoor storage is there in the future if we were to develop the shingle
distribution and we would take the appropriate measures that the city
recommends at that time.
I have also been approached by my father who is in the used car business and
asked me if he would be able to use the upper parking lot for a small car lot
which is a permitted use and is a possibility depending on our parking needs
and is a secondary use that is being considered.
We also have plans to redo the landscaping in several areas to improve the
look of the building, we are a company that believes in a professional
appearance.
This is a basic outline to what we are considering with the building.
I have taken the time to review the areas in Elk River that are zoned 11 and
cannot myself see that the amending of the code to include commercial
recreation as a condition use as detrimental to these areas given the fact
that all plans would have to be subject to review by the city on a case by
case basis.
As for the area that we are considering, I have spoken directly to the
neighboring businesses and have gotten a very positive response, the building
that we are considering is 50 feet away from another retail type
establishment, all of our plans with the exception of the RC business fit the
description of what that area is zoned for. The RC cars are quiet, they run
on electric motors and the majority of the racing will be conducted inside,
there is ample parking available, the back of the lot is adjacent to farm land
that is zoned residential and again given the fact that this is a quiet hobbie
and one people usually enjoy watching I don't again see a problem if in the
future the land behind was developed, I use the example of fun city located in
Otsego w~T~ch is directly located next to residential with no problems. I have
spoken with and know personnally the owners of Fun City and they have offered
there support in developing the Hobble and race track.
Thank__you for considering-mN request
V? CFO DTR Inc.
Comparisons by City
City I Zoning Classification ! Commercial ! Retail
! I Recreation
Champlin ', I1 (Planned Industrial Development! Not permitted i Permitted if essential for I1
Eden Prairie ~ I (General Industrial Development) Gymnasium permitted ' Permitted if supplimental to
function of major office or
industrial use, not to excede
15% if gross floor area
Woodbury I1 (Limited Industry District) Gymnastics Not permitted
club/academy by special
use permit
Woodbury ! Freeway Special Impact District Permitted by special useI Not permitted
, permit
Maple Grove I (Industrial District) Not permitted Permitted as an accessory
use
Golden Valley ! Light Industrial Zoning District Not permitted Not permitted
Lakeville ! 11 (Limited Industry District) ' Permitted by conditional Permitted as an accessory
I
use permit use
Brooklyn Park ' I1 (Limited Industry District) Permitted by conditional' Permitted as an accessory
use permit use with restrictions
Savage I1 (Limited Industry District) Not permitted Not permitted
Otsego Not permitted in Industrial Not permitted Not permitted
Anoka Not permitted in Industrial I Not permitted t Not permitted
Blaine I Not permitted in Industrial I Not permitted i Not permitted
ORDINANCE 98 -
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 900.10 OF THE CITY CODE OF ORDINANCES
CASE NO. OA 98-6
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.10(14) of the City of Elk River Code of Ordinances
shall be amended to read as follows:
B. Accessory Uses
i. Retail sales, provided:
(1) The retail sales activity is not located in ad administrative
office facility, but is located within a business, the principle
use of which is not commercial sales.
(2) The retail sales activity shall not occupy more than fifteen
percent (15%) of the gross floor area of the occupied quarters.
(3) The retail sales activity is accessory to the principle use.
(4) No sign identifying the retail sales shall be visible from
the outside of the building.
C. Conditional Uses
xv. Commercial recreation (unplatted land only)
That this ordinance shall take effect upon publication as
Section 2.
provided by law.
Passed and adopted by the City Council of the City of Elk River this __
,1998.
day of
Henry A. Duitsman
Mayor
Sandra A. Peine
City Clerk
s:XdocumentXordinancXoa98-6.doc