7.8. SR 07-18-2016
Request for Action
To Item Number
Mayor and City Council 7.8
Agenda Section Meeting Date Prepared by
Public HearingsJuly 18, 2016Chris Leeseberg, Senior Planner
Item Description Reviewed by
Focus Area Study Rezoning Zack Carlton, Planning Manager
Reviewed by
Cal Portner, City Administrator
Action Requested
Review and discuss the proposed ordinance as it relates to the Focused Area Study.
Open the public hearing and take public comment.
Continue the public hearing until August 15, 2016.
Background/Discussion
During two work sessions, (April 6, 2015 and January 4, 2016) the City Council reviewed a new zoning
district that would encompass the Focused Area Study (FAST). During each meeting, the Council
discussed the following sub-districts:
The Point (A)
The Pinnacle (B)
Northstar Business Park (C)
Hillside Heights (D)
Office Village (E)
Riverwest Residential (F)
Highway 10/169 Service Commercial (G)
The Hinge (H)
East Elk River Gateway (I)
Substation Area
Staff compared all of the uses that are currently allowed in the FAST to those that are being proposed in
the new zoning district. With the exception of one property located in The Point, no businesses would be
rezoned out of use. The one use is the former Saxon site, which is currently zoned C-3 (Highway
Commercial), but is guided by the Comprehensive Plan as High Density Residential. No Planned Unit
Developed (PUD) districts are being rezoned.
Staff is recommending removing the Substation Area district as only a few parcels in that area are not
already zoned PUD. Staff recommends those parcels be absorbed into the adjacent districts.
The Planning Commission reviewed the proposal over three meetings and unanimously recommended
approval in November 2014.
Staff is requesting the Council review the ordinance language and proposed zones, open the public
hearing and receive public comment, and continue the public hearing to August 15, 2016. The public has
not had a chance to review the zoning changes since spring of 2015, and staff wants to ensure adequate
public comment time. Staff will make changes, as directed by Council, for adoption during the August 15
meeting.
Staff is also seeking approval from the Council to proceed on creating, modifying, and combining many
definitions as they relate to the land development regulations. A significant amount of our zoning uses
are not defined and over the years similar/repeat zoning uses within a district have been added to the
ordinance. For instance, Retail Sales Establishments are not defined but are referenced numerous times
in the ordinance.
Staff would like to begin incorporating new/modified zoning use terms and definitions with this new
FAST zoning district request. This process will continue during the fall and winter as staff reviews all of
the uses in the commercial and industrial zoning districts.
Financial Impact
None
Attachments
Draft Ordinance
Draft Zoning Map
Section 30-1587. – Focused Area Study (FAST)
The Focused Area Study (FAST) District is established to provide land use, architectural, and bulk
regulations to the 900 acres of property located on each side of Highway 10/169 between 177th
Avenue and 185th Avenue.
st
The FAST 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:
(A)The Point
(B)The Pinnacle
(C)North Business Park
(D)Hillside Heights
(E)Office Village
(F)River West Residential
(G)Hwy 10/169 Service Commercial
(H)The Hinge
(I)East Elk River Gateway
The Point (A)
(a)Purpose. Subzone “A” is established to provide an environment for high density residential
development and to maximize the recreational and aesthetic benefits of the river. Most
development is less than three (3) stories.
(b)Permitted uses are as follow:
(1)Licensed daycare facilities (16 or fewer children).
(2)Model homes in compliance with section 30-800.
(3)Public parks.
(4)Residential, duplexes.
(5)Residential, multiple-family.
(6)Residential, single-family.
(7)Residential, triplexes.
(8)State-licensed residential facilities or housing.
(c)Accessory uses are as follows:
(1)Accessory structures provided the materials are the same as those of the existing
principal structure.
(2)Public shelters.
(3)Signs as permitted in section 30-851 et seq.
(d)Conditional uses are as follows:
(1)Boardinghouses.
(2)Business offices.
(3)Development of property within the 50 foot setback of the wild and scenic river
district.
(4)Institutional uses.
(5)Licensed day care facilities (17 or more children).
(6)Nonprofit clubs
(7)Outpatient health care facilities.
(8)Professional offices.
(9)Townhomes (maximum 12 units per structure).
(e)Bulk Regulations. Bulk regulations are listed in Section 30-1588.
(f)Architectural Standards. Architectural Standards are outlined in section 30-938.
The Pinnacle (B)
(a)Purpose. Subzone “B” 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 three (3) stories.
(b)Permitted uses are as follow:
(1)Brewpubs.
(2)Brewer taprooms producing less than 10,000 barrels of malt liquor annually.
(3)Business offices.
(4)Class I restaurants.
(5)Class II restaurants.
(6)Financial institutions.
(7)Governmental buildings and facilities.
(8)Governmental offices.
(9)Light manufacturing.
(10)Mail order operations.
(11)Outpatient health care facilities.
(12)Physical recreation and training.
(13)Printing shops.
(14)Professional offices.
(15)Public parks.
(16)Research and development facilities.
(17)Retail sales establishments.
(18)School, vocational.
(19)Warehouses (not exceeding 50 percent of the entire building).
(20)Wholesale businesses.
(c)Accessory uses are as follows:
(1)Accessory structures provided the materials are the same as those of the existing
principal structure.
(2)Cocktail rooms.
(3)Outdoor storage areas accessory to principal use.
(4)Signs as permitted in section 30-851 et seq.
(d)Conditional uses are as follows:
(1)Bottling and distribution.
(2)Brewer taprooms producing 10,000 or more barrels of malt liquor annually.
(3)Bus storage. Not to exceed ten buses, unless the property has direct access to an
arterial or collector street.
(4)Commercial recreation facilities.
(5)Development of property within the 50 foot setback of the wild and scenic river
district.
(6)Dry cleaning establishments.
(7)Equipment rental.
(8)Firearm sales.
(9)Institutional uses.
(10)Kennels, commercial.
(11)Laundry establishments.
(12)Loading areas/overhead doors when located in front yards.
(13)Manufacturing, light enclosed with related retail sales.
(14)Microdistilleries.
(15)Motor vehicle repair shops.
(16)Nonprofit clubs.
(17)Recycling processing centers.
(18)Storage tanks.
(19)Telecommunication operations.
(20)Vehicle sales and services.
(21)Warehouse space exceeding 50 percent of the total building floor area up to a
maximum of 65 percent.
(e)Bulk Regulations. Bulk regulations are listed in Section 30-1588.
(f)Architectural Standards. Architectural Standards are outlined in section 30-938.
North Business Park (C)
(a)Purpose. Subzone “C” is established to encourage a planned, integrated environment for
certain industrial, office, and commercial uses, which are compatible with and complement
each other as well as the surrounding land uses. The underlying land use designation within
the district may vary and may be either light industrial or highway business. Development
within Subzone “C” will correspond with the land use designation. Industrial and office uses
are allowed where the land use designation is light industrial, and commercial uses are
allowed where the land use designation is highway business. It is the intent of this section
that development reflect common themes using compatible architectural design and
consistency in signage, landscaping, and lighting. It is also the intent to encourage businesses,
which generate a high number of jobs per square foot rather than predominantly warehouse
type uses.
(b)Permitted uses are as follow:
(1)All uses allowed as a permitted use in Section 30-1294 (Business Park).
(c)Accessory uses are as follows:
(1)All uses allowed as an accessory use in Section 30-1294 (Business Park).
(d)Conditional uses are as follows:
(1)All uses allowed as a conditional use in Section 30-1294 (Business Park).
(e)Bulk Regulations. Bulk regulations are listed in Sections 30-1311 and 30-1312.
(f)Architectural Standards. Architectural Standards are outlined in section 30-1294 (Business
Park).
Hillside Heights (D)
(a)Purpose. Subzone “D” 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 three (3) stories.
(b)Permitted uses are as follow:
(1)Bed and breakfast establishments, homeowner-occupied.
(2)Business offices.
(3)Home occupations, permitted.
(4)Kennels, private, on parcels less than five acres.
(5)Licensed daycare facilities for 16 or fewer children.
(6)Model homes in compliance with section 30-800.
(7)Professional offices.
(8)Public parks.
(9)Residential, duplexes.
(10)Residential, multiple-family.
(11)Residential, single-family.
(12)Residential, townhomes, up to 8 units per structure.
(13)State-licensed residential facilities or housing.
(14)Towers, up to 60 feet in height.
Accessory uses are as follows:
(1)Accessory structures.
(2)Public shelters.
(3)Private recreational facilities.
(4)Signs as permitted in section 30-851 et seq.
(c)Conditional uses are as follows:
(1)Bed and breakfast establishments, non-homeowner-occupied.
(2)Cemeteries, minimum lot size four acres.
(3)Cooperative gardening in preserved open space.
(4)Golf courses and country clubs.
(5)Governmental offices.
(6)Floriculture, in preserved open space
(7)Home occupations, conditional.
(8)Horticulture, in preserved open space.
(9)Institutional uses.
(10)Kennels, commercial.
(11)Kennels, private, on parcels less than five acres.
(12)Licensed day care facilities for 17 or more children.
(13)Residential, multiple-family, provided that business/commercial uses at street level
occupy the floor.
(14)Stables, private.
(15)Telecommunication operations.
(d)Bulk Regulations. Bulk regulations are listed in Section 30-1588.
(e)Architectural Standards. Architectural Standards are outlined in section 30-938.
Office Village (E)
(a)Purpose. Subzone “E” 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 three (3) stories.
(b)Permitted uses are as follow:
(1)Brewpubs.
(2)Brewer taprooms producing less than 10,000 barrels of malt liquor annually.
(3)Business offices.
(4)Class I restaurants.
(5)Class II restaurants.
(6)Financial institutions.
(7)Firearm sales.
(8)Mail order operations.
(9)Manufacturing, light.
(10)Outpatient health care facilities.
(11)Personal service establishments.
(12)Physical recreation and training.
(13)Professional offices.
(14)Public parks.
(15)Research and development facilities.
(16)Retail sales establishments.
(17)Telecommunication operations.
(18)Therapeutic massage when offered within the confines of a medical or chiropractic
clinic.
(19)Warehouse spaces not exceeding 50 percent of the entire building.
(20)Wholesale businesses.
(c)Accessory uses are as follows:
(1)Accessory structures provided the materials are the same as those of the existing
principal structure.
(2)Cocktail rooms.
(3)Outdoor storage areas accessory to principal us.
(4)Signs as permitted in section 30-851 et seq.
(d)Conditional uses are as follows:
(1)Bottling and distribution facilities.
(2)Brewer taprooms producing 10,000 or more barrels of malt liquor annually.
(3)Broadcasting studios and facilities.
(4)Bus storage. Not to exceed ten buses, unless the property has direct access to an
arterial or collector street.
(5)Carwash facilities.
(6)Commercial recreation facilities.
(7)Development of property within the 50 foot setback of the wild and scenic river
district.
(8)Dry cleaning establishments.
(9)Governmental facilities.
(10)Hotels.
(11)Institutional uses.
(12)Kennels, commercial.
(13)Laundry establishments.
(14)Loading areas/overhead doors when located in front yards.
(15)Manufacturing, light, enclosed with related retail sales.
(16)Microdistilleries.
(17)Motels.
(18)Motor vehicle repair shops.
(19)Motor vehicle service stations.
(20)Motor vehicle specialty shops.
(21)On-sale liquor establishments.
(22)Recycling processing centers.
(23)Sauna establishments.
(24)Shopping centers.
(25)Storage tanks.
(26)Vehicle sales and service.
(27)Veterinary clinics.
(28)Warehouse spaces exceeding 50 percent of the total building floor area up to a
maximum of 65 percent.
(e)Bulk Regulations. Bulk regulations are listed in Section 30-1588.
(f)Architectural Standards. Architectural Standards are outlined in section 30-938.
River West Residential (F)
(a)Purpose. Subzone “F” provides single-family residences in areas with full municipal public
sanitary sewers, storm sewers, and municipal water in areas that are a continuation of
existing residential development patterns and the infilling of existing lots in established areas.
(b)Permitted uses are as follow:
(1)Accessory dwelling units.
(2)Bed and breakfast establishments, homeowner-occupied.
(3)Home occupations, permitted.
(4)Licensed day care facilities for 12 or fewer children.
(5)Model homes in compliance with section 30-800.
(6)Open space preservation development plats within the R-1a district (residential
clustering).
(7)Public parks.
(8)Residential, single-family.
(9)State-licensed residential facilities or housing.
(10)Towers, up to 60 feet in height.
(c)Accessory uses are as follows:
(1)Accessory structures
(2)Public shelters.
(3)Private recreational facilities.
(4)Signs as permitted in section 30-851 et seq.
(d)Conditional uses are as follows:
(1)Bed and breakfast establishments, non-homeowner-occupied.
(2)Cemeteries, minimum lot size four acres.
(3)Governmental facilities.
(4)Home occupations, conditional.
(5)Institutional uses.
(6)Kennels, private.
(7)Licensed day care facilities in institutional buildings.
(e)Bulk Regulations. Bulk regulations are listed in Section 30-1588.
(f)Architectural Standards. Architectural Standards are outlined in section 30-938.
Hwy 10/169 Service Commercial (G)
(a)Purpose. Subzone “G” 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 are as follow:
(1)All uses allowed as a permitted use in Section 30-1024 (Highway Commercial).
(c)Accessory uses are as follows:
(1)All uses allowed as an accessory use in Section 30-1024 (Highway Commercial).
(d)Conditional uses are as follows:
(1)All uses allowed as a conditional use in Section 30-1024 (Highway Commercial..
(e)Bulk Regulations. Bulk regulations are listed in Sections 30-1041 and 30-1042.
(f)Architectural Standards. Architectural Standards are outlined in section 30-1024 (Highway
Commercial).
The Hinge (H)
(a)Purpose. Subzone “H” facilitates development that is not centered on access, as anticipated
changes to Highway 10 access will impact traditional highway centric uses. Care should be
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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.
(b)Permitted uses are as follow:
(1)Brewpubs.
(1)Brewer taprooms producing less than 10,000 barrels of malt liquor annually.
(2)Business offices.
(3)Class I restaurants.
(4)Class II restaurants.
(5)Firearm sales.
(6)Outpatient health care facilities.
(7)Personal service establishments.
(8)Physical recreation and training.
(9)Printing shops.
(10)Professional offices.
(11)Public parks.
(12)Research and development facilities.
(13)Retail sales establishments.
(14)Therapeutic massage when offered within the confines of a medical or chiropractic
clinic.
(c)Accessory uses are as follows:
(1)Accessory structure provided the materials are the same as those of the existing
principal structure.
(2)Cocktail rooms.
(3)Signs as permitted in section 30-851 et seq.
(d)Conditional uses are as follows:
(1)Brewer taprooms producing 10,000 or more barrels of malt liquor annually.
(2)Commercial recreation facilities.
(3)Development of property within the 50 foot setback of the wild and scenic river
district.
(4)Dry cleaning establishments.
(5)Financial institutions.
(6)Governmental facilities.
(7)Institutional uses.
(8)Laundry establishments.
(9)Loading areas/overhead doors when located in front yards.
(10)Mail order operations.
(11)Manufacturing, light.
(12)Microdistilleries.
(13)Motor vehicle repair shops.
(14)Motor vehicle service stations.
(15)Motor vehicle specialty shops.
(16)Nonprofit clubs.
(17)Off-sale liquor stores.
(18)On-sale liquor establishments.
(19)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 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.
i.Screening shall be consistent with the screening requirements outlined for
Outdoor Storage within the Business Park zoning district.
(20)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).
(21)Shopping centers.
(22)Storage tanks.
(23)Telecommunication operations.
(24)Vehicle sales and service.
(25)Veterinary clinics.
(26)Warehouse spaces exceeding 50 percent of the total building floor area up to a
maximum of 65 percent.
(e)Bulk Regulations. Bulk regulations applicable to the Point sub-zone are listed in Section 30-
1588.s
(f)Architectural Standards. Architectural Standards applicable to the Point sub-zone are outlined
in section 30-938.
East Elk River Gateway (I)
(a)Purpose. Subzone “I” 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)Permitted uses are as follow:
(1)Brewpubs.
(2)Brewer taprooms producing less than 10,000 barrels of malt liquor annually.
(3)Business and professional offices.
(4)Financial Institutions.
(5)Physical recreation and training.
(6)Personal service establishments.
(7)Public parks.
(8)Restaurants, Class I.
(9)Restaurants, Class II.
(10)Retail sales establishments.
(11)Sale of firearms.
(c)Accessory uses are as follows:
(1)Cocktail rooms.
(2)Off-street parking facilities.
(3)Off-street loading facilities.
(4)Private recreational facilities.
(5)Public shelters.
(6)Signs as permitted in section 30-851 et seq.
(d)Conditional uses are as follows:
(1)Brewer taprooms producing 10,000 or more barrels of malt liquor annually.
(2)Carwashes.
(3)Commercial recreational facility.
(4)Development of property within 50 feet of the wild and scenic river district.
(5)Dry cleaning establishment.
(6)Enclosed light manufacturing with related retail sales.
(7)Equipment rental businesses.
(8)Governmental facilities.
(9)Hotels.
(10)Institutional uses.
(11)Licensed day care facilities.
(12)Microdistilleries.
(13)Motels.
(14)Motor vehicle service stations.
(15)Motor vehicle specialty shops.
(16)Nonprofit clubs, lodges, or halls.
(17)On-sale liquor establishments.
(18)Sauna establishments.
(19)Shopping centers.
(20)Vehicles sales and services.
(21)Veterinary clinics.
(e)Bulk Regulations. Bulk regulations are listed in Sections 30-1041 and 30-1042.
(f)Architectural Standards. Architectural Standards are outlined in section 30-1024 (Highway
Commercial).
Title
(g)Purpose. Text here
(h)Permitted uses are as follow:
(1)Text Here
(i)Accessory uses are as follows:
(1)Text here
(j)Conditional uses are as follows:
(1)Text here
(k)Bulk Regulations. Bulk regulations applicable to the Point sub-zone are listed in section 30-
1588.
(l)Architectural Standards. Architectural Standards applicable to the Point sub-zone are outlined
in section 30-938.
Section 30-1588 Bulk Regulations
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Service
Hillside
Heights
Gateway
Northstar
The Point
River West
The Hinge
Residential
Hwy 10/169
Commercial
The Pinnacle
Office Village
Business Park
East Elk River
Dest.
HDR
Retail
Minimum lot size (square feet)
See R-443,56043,56011,00043,56011,000 43,56043,560See R-443,560
11
See R-41000100100150See R-4100
Minimum frontage
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Front Setback
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Side Setback
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Garage setback
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Rear setback
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Maximum lot coverage
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4 stories 3 stories 3 stories 3 stories 4 stories
5050453045
or 50 feetor 40 feetor 40 feetor 40 feetor 50 feet
Maximum Height
Accessory structure front
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Accessory structure side
10101010102010101010
Accessory structure rear
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1 story 1 story 1 story 1 story
Accessory structure
35N/A35353535
and 15 and 15 and 22 and 15
maximum height
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All dimensions in feet unless otherwise noted. One accessory sturcture per lot is permitted.
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