6.5. SR 07-19-2004Item
~6.5.
MEMORANDUM
TO:
Mayor and City Council
FROM:
DATE:
Chris Leeseberg, Planner
July 19, 2004
SUBJECT:
Case No. OA 04-01
Request by PlanScape Partners to Amend Section 30-1294 of
the Zoning Code Relating to Business Park District Conditional
Uses
Request
The City Council is asked to consider an amendment to the Business Park District portion
of the Ordinance to allow Motor Vehicle Repair Shops as a Conditional Use.
60 Day Rule
In order to comply with Minnesota Statute 15.99 (60 - Day Requirement), action must be
taken on this request by July 23, 2004
Attachments
· Recommended Ordinance Language of Planning Commission
· EDA Recommendation of ],anguage
· Planning Commission Meeting Notes of May 11, 2004
· EDA Minutes of June 14, 2004
Overview
Per the Planning Commission's direction, the applicant is proposing changes to the
ordinance to allow Motor l/'ehidt' Repair Shops as a Conditional Use in the Business Park
zoning diSt_rict with an Underlying Land Use of Industrial.
Several conditions are proposed in order to address building construction, screening and
outdoor storage.
City Council / OA 03-04
July 19, 2004
Page 2
The EDA reviewed the preliminary proposal at its June 14, 2004 meeting and felt that it was
not a good "fit" for the district.
Planning Commission Actions
One Commission member felt the language was too broad and would open up the Business
Park district to many Motor Vehicle Repair Shops and was not supportive of the change.
The Planning Commission recommended approval of the request by a 4-1 vote.
EDA Comments
Staff provided an update regarding this request to the EDA at their July 12, 2004 meeting.
The EDA's comments are included in the attachment.
Recommendation
Staff and the Planning Commission recommend the City Council approve the proposed
language change as reflected in the EDA suggestions.
S:\PLANNING\Case Files\2004\OA 04-01 1 lanScape I artners\OA 04-01 CC.DOC
Planning Commission Recommendations
TEXT AMENDMENT
ELK RIVER ZONING ORDINANCE
SECTION 30-1294. BP Business Park District
(d) Conditional uses. Conditional uses in the BP district are as follows:
(1)
Conditional uses allowed when the underlying land use is light industrial are as
follows:
a. Warehouse space exceeding 50 percent of the total building floor area up
to a maximum of 65 percent.
b. Vocational, technical and trade schools.
c. Loading areas/overhead doors when located in front yards.
d. Above ground storage tanks.
e. Government buildings and facilities.
f. Motor vehicle repair shops, provided that they meet the following
conditions:
1. Repair services shall be provided inside the building.
2. Merchandise shall be stored inside the building.
v
3. All damaged vehicles stored on the premises overnight shall be stored
within an area which is screened by a 6 (six) foot high fence
constructed of factory finished metal or vinyl material.
4. The building shall comply with the material requirements of this
section, and 30 % of any building face and all overhead doors facing
any public street shall be constructed of glass material.
S:\PLANNING\Case Files~2004\OA 04-01 PlanScape Partners\Proposed Language-PC.doc
EDA Suggestions
(from the Planning Commissions Recommendation)
TEXT AMENDMENT
ELK RIVER ZONING ORDINANCE
SECTION 30-1294. BP Business Park District
(d) Conditional uses. Conditional uses in the BP district are as follows:
(1)
Conditional uses allowed when the underlying land use is light industrial are as
follows:
a. Warehouse space exceeding 50 percent of the total building floor area up
to a maximum of 65 percent.
b. Vocational, technical and trade schools.
c. Loading areas/overhead doors when located in front yards.
d. Above ground storage tanks.
e. Government buildings and facilities.
f. Motor vehicle repair shops, provided that they meet the following
conditions:
1. All repair services shall be prc,~T:.~c~ conducted inside the building.
2. Merchandise shall be stored inside the building.
3. All damaged vehicles stored on the premises c,~Tcw2~,~t shall be stored
within an area which is screened by a 6 (six) foot high fence
constructed of factory finished metal or vinyl material.
4. The building shall comply with the material requirements of this
section, and 30 % of any building face and all overhead doors facing
any public street shall be constructed of glass material.
5. No sales or display of merchandise outside the building.
S:\PLANNING\Case Files~2004\OA 04-01 PlanScape Partners\Proposed Language-EDA.doc
Members
Members Absent:
Staff Present:
ELK RIVER PLANNING COMMISSION
PLANNING COMMISSION MEETING NOTES
HELD AT ELK RIVER CITY HALL
TUESDAY, MAY 11, 2004
Chair Roph Com-~-lssioners Smderson, CurEs, Lemke, Pedersor. ~nd
O~Ye~an
Corn=mis sioner Stevens
Mlcheie McPherson, Director of Planning; Scot: H,arlicker, Semor
Planner; Chris LeeseBer$, Planner
Ch~ Ropp called :.he meedn6 to order at 6:30 p.m.
Relocation oF ABRA Presented by Rom Fiscus
NLr. Ron Fiscus of Pi-~nScape Partners, represenffng ABRA Auto Body, reviewed d:e issues
relaffng to ABP~% relocating to Muiv~nev Point. NLr. Fiscus revie,~'ed the evolution o£
ABtLh's corporate Linage and ~-hy the? fee! i: is ~ppropmte for t~hem to locate Ln ~e
Business P:rk dismct. ~V~r. Fiscus provided ~nd over~-iew regarding the t~-o opdons to atiow
ABRA to relocate to Nfulvaney Po~t. irhey include ~, text amendment to the Business P.~rk
District standards, or a zone change from Business P~rk to Lisht Indusmal.
Commissioner Anderson asked what the size of the p~rcel was. N~r. Fiscus stated three
aczes. Comrmssioner Pederson 2sked where the access to the site would be. !t,0,'as noted
that access to the site would be from 3'~ Street. Commissioner Pederson also asked if the
desig'n of the buildLng w,~s sLmilar to ~e Ham Lake facility. Mr. Fiscus indicated yes. Chair
Ropp asked what the size of the building was. The response was 18,000 square feet.
Comznissioner Anderson asked why tlne other sites that were offered were not selected. Nit.
Fiscus indicated that they were not wirlhin close proximRt to the emsting AtBP,_~ fac~w and
that the price of ~e other si~es was exorbitant.
The Comrmssion d~en discussed t~he pros and cons of both a!ternati~es ~nd felt
tighdy-wri~ten text ~mendmen~ would be the mos~ ~pp~op~e choice ~ order to
AB~% to retoc~te ~ffC~ this ~re~.
lng_, Land Hoi&np - Qu~nrud Prooern~
~Fne Co~a-mssion heard ~ presentation by Hak~nson-Xnderson r%~rdin~ a residential
subdivision south of Count, Road 12 and west of i~ever Lake El&ds which wouid
subdivide 1'4 ~cres into 28 single f~umiiv home sites. One access from County Road 12 has
been proposed. The en~neer noted that three of ff~e ions would potenffa~? not meet ff~e iot
depth reguirements of the Rl c Dismct.
The issue of access from_ the Coun~ Road was discussed. It was noted thz~ the CounF~- is
~esponsibie ~or :e~u!atm~ access onto their ~ac:iw and if tF.e CounFc were to aiio~' :he access
pomt~ d~e Ciw would not prohibit d~e access ~nd in £~c: would encour,~Ke it, :s '~,ithout fine
access :o Coun~ Road 12, :_here is an ex~remei7 !on8 cul-de-sac ~nd no secondzr~' ~ccess for
emergen% vehicle sumoses to the subdivision.
Economic Development Authority Minutes Page 4
June 14, 2004
· Structure - participation loan with The Bank of Elk River;
· Job performance agreement - to include 5 new full-time jobs in Elk
River with estimated wages ranging from $15-$75.00 per hour within
2 years.
MOTION CARRIED 7-0.
Ms. Mehehch reported staff's analysis of the resolved issues related to the tax rebate request.
MOVED BY COMMISSION KOENIG AND SECONDED BY COMMISSIONER
TVEITE TO RECOMMEND TO THE CITY COUNCIL THE APPROVAL OF
THE TAX REBATE FINANCING FOR $72,778 ON A PAY-AS-YOU-GO BASIS
FOR UP TO TEN YEARS TO BADGER VENTURES, LLC. MOTION CARRIED
7-0.
8. Oth'er Business
Ms. Mehehch reviewed the distributed handout regarding relocation of ABRA Auto Body to
Mulvaney Point Business Park. The Planning Commission had discussed the relocation
request at their meeting of May 11, 2004 and felt that a tightly written text amendment to
the Business Park ordinance would be the most appropriate choice in order to allow ABRA
to relocate within the Mulvaney Point area. Ms. Mehelich stated that she understands from
the Director of Planning that she anticipates the draft language to be able to come before
the EDA at its July meeting. She requested the EDA's feedback regarding the potential
change to the Business Park District ordinance.
Commissioner Kdinzing stated that she feels this business may not be a fit for that area; that
she envisions that area to be an office park; it has been started that way and should continue
that way.
Commissioner Motion stated that he concurs with that and questions where the Post Office
would be relative to the subject parcel.
Ms. Mehelich stated that the future post office would be located directly south of the subject
parcel on Lot 1, Block 1.
Commissioner Motin stated that he feels this is an office condo area and that an auto body
shop would not be the best use of that property.
Ms. Mehehch stated that the post office project would include retail sales as well as
distribution facility. She stated the ABRA Auto Body building design is of a very high
standard.
President Gongoll stated that he understands the concern but hopes that we look at the
quality of the development and the type of construction that may go on as one of the
determining factors. He feels favorable about the project.
9. Updates
Ms. Mehelich stated that the HRA received an initial request from Arrow Building Center
for redevelopment of their site with removal of five buildings. However, the site did not
work well for the company's layout needs. Arrow Building Center may be moving out of
July 12, 2004
Ms. Steinmetz indicated that the fifth eclifion of the Economic Development Newsletter, the
Progress Partner Dispatch, was distributed in early July to approxLmately 500 people
representing the following groups: · Elk River manufacturers
· High-tech companies located in Anoka, Sherburne, and Wright Counties
· Anoka, Sherburne, and Wright County manufacturers with 20 or more employees
· Past & present prospects/inquiries
· Key accounts (site selectors, etc.)
She explained that the purpose of the newsletter is to inform businesses of information
useful to their operations and present a "open for business" image. The newsletter is
distributed in the Economic Development marketing packets and is also available for
download on the City's Website.
Ms. Steinmetz stated that staff and Commissioner Tveite attended a BILE visit with Ed
Stoutenburg and Bill Helliwell of NRG on July 8th. She stated that the following issues
were discussed at the meeting:
· Company's unhappiness with the Main St./Hwy 10 intersection redesign ~vhich has
caused difficulty for trash haulers to maneuver through the intersect/on
· Company would appreciate notification of city development issues, especially as it
relates to their transportation routes
· Company's concern that the city remain the core Energy City staff
· Mr. Stoutenburg's marketing idea for Energy City
· NRG's willingness to form future partnerships with the city (recycling programs,
etc.)
Commissioner Tveite added that NRG has concerns about the reduction in the amount of
garbage being brought to their plant because the garbage is used for energy.
Commissioner Kuester questioned the concern about the city remaining the core Energy
City staff. Ms Steinmetz stated that some Energy City members had expressed interest in
wanting more out of the brochures, minutes, website, etc. and staff expressed their
willingness to accept help but this may have been misconstrued as staff not wanting to
continue to work on Energy City items.
Ms. Steinmetz noted that staff will contact EDA Commissioners individually to schedule
future BILE visits.
Update on ABRA Auto Body
Director of Planning Michele McPherson stated that the owner of ABRA Auto Body and
Glass, located north of Main Street on Carson Street, has been searching for a place to
relocated within the city. She explained that staff provided the owners with a potential List of
sites along Highways 10 and 169 that would be zoned appropriately for such a use.
However, the property owner is interested in purchasing a site in Mulvaney Point which is
currently zoned BP Business Park with an underlying land use of Light Industrial. Ms.
McPherson stated that motor vehicle repair shops are not allowed in that zoning district
either as a Permitted or Conditional Use.
Economic Development Authority Minutes
July 12, 2004
Page 3
Ms. McPherson indicated that the applicant's representative, PlanScape Partners, met with
the Planning Commission to determine the most appropriate method of reloca6ng ABRA to
this site. She stated that the Planning Commission felt the most appropriate method to
utilize would be to amend the zoning ordinance text to include this type of use with
conditions. She stated that the Planning Commission approved the text amendment at its
June 22, 2004 meeting and the City Council will act on the proposed text amendment at its
July 19, 2004 meeting. She stated that the applicant has applied for a Conditional Use Permit
but if the Council denies the text amendment, the applicant will be reqmred to withdraw
their request.
Vice President Dwyer stated that AB1C5 is a neat, clean business in their present location
but wondered if the text amendment would assure it stays clean. Ms. McPherson stated that
the text amendment has four conditions to help ensure the business remains neat. She stated
that if ABRA failed to meet any of the conditions, the city could begin enforcement and
could revoke the Conditional Use Permit.
The Commission reviewed the proposed text amendment and made a few changes. Ms.
McPherson stated that the changes will be made and the amendment will go before the City
Council on July 19, 2004.
7. Economic Development Strategic Plan Report
Director of Economic Development Catherine Mehelich provided an update on the
Economic Development Strategic Plan. Ms. Mehelich explained that the group identified the
following 2004-2007 priority issues in order of importance: · Industrial Development
· Central Business District (CBD)
· Transportation
· Commercial Development
Ms. Mehelich stated that staff would like EDA feedback on the list of strategies presented
for addressing the Transportation and Commercial Development issues. Discussion took
place on the two issues and the EDA Commissioners provided feedback to Ms. Mehelich.
Ms. Mehelich explained the timetable for review and adoption of the Economic
Development Strateg/c Plan. She stated that the hope is to have the Plan come back before
the EDA in August and then be forwarded on to the Housing and Redevelopment
Authority and the City Council sometime in September or October.
8. Other Business
There was no Other Business.
9. Adjournment
There being no other business, the meeting of the Elk River Economic Development
Authority adjourned at 6:42 p.m.
Minutes prepared by Jessica Miller.