5.4. SR 01-18-2005
Item # 5.4.
MEMORANDUM
TO:
Mayor and City Council
Chris Leeseberg, Planner 4-
DATE: january 18, 2005
FROM:
SUBJECT: Case No. OA 04-07
Request by Peter Specht to Amend Section 30-1292 (I-I, Light
Industrial District)
Request
The applicant requests an amendment to Section 30-1292 regarding bus storage in the I1
Zoning District.
Attachments
. Allowed Conditional Uses in the I1 district
. Proposed Language for Amendment
. Ordinance No. 04-
Overview
In December 2003, the City initiated an ordinance amendment that changed the uses
allowed in the 11. The amendment included allowing only school bus terminals, as a
conditional use, on properties that have direct access to an arterial or collector street.
The applicant is proposing that coach buses also be allowed in the I1 zoning district as a
conditional use.
The primary issue with the past amendment and this request is the traffic impacts created by
bus traffic. Staff recommends the following language to allow all buses, but limiting the
number of buses depending on the proximity of adequate roads.
City Council/OA 04-07
January 18, 2005
Page 2
Bus storage. Not to exceed 10 buses, unless the properry has direct access to an arterial or collector
street.
If the property has direct access to an arterial or collector street, e.g. County Road 1, then
more than 10 buses may be stored. This will not impact current bus operations in the City.
Planning Commission Action
The Planning Commission unanimously recommended approval of the request.
Recommendation
Staff and the Planning Commission recommends the City Council approve of the proposed
ordinance amendment to allow bus storage as a conditional use in the 11, Light Industrial,
district provided the property has direct access to an arterial street if there are more than 10
buses.
S:\pLANNING\Case Files\2004\OA 04-07 Specht\OA 04-07_CC.doc
ELK RIVER CODE
:if
'quare ree' in ,ign area. The;Lea
identificatian sign shall be l,/cated
an the same premises as the! devel-
apment i '. identifies. l
\ ,If!
b. One an-pi mises freestandIng busi-
ness sign p r premises, natllta exceed
two. square' eet in sign ar~~ far each
linear faat street fran~ige up to. a
maximum a. 64 square~! feet. Such
signs shall nt exceed 8j\f118ight af 20
feet. Where a', at has in\;excess af 300
feet af street f, ntage,fne additianal
freestanding JJ sines~1 sign will be
allo.wed. These igns ~hall be subject
to. the size and eig-ht limitatiansaf
~ ~\
the first allaw8' fr,~estanding sign
~'
and may be pIa, etj no. claser than
150 feet to. any ~er freestanding
sign an the same emises. All free-
standing signs s 11 have a mini-
mum setback af feet fram any
public right-af-w easured to. any
partian af the si nd a minimum
clearance af ei" t et abave any
vehicular use aea ,d aver any pe-
c. ~:~:p::ri :~USi "wall ffign
per accupanc, nat t exceed two.
square feet. sign a for each
linear faat af!uilding fr tage, up to.
a maximum tlaf 128 squ e feet per
accupancy,
S 30-1292
d. Advertisin, signs, which hall anly
be allowe "subject to. the allawing
require me' ts:
1. Off-remises signs are rahib-
itei" ithin 100 feet af, he in-
ter . ctian afthe highwaright-
af- ay and any ather ri t-af-
w ar driveway.
2, ertising signs are pr
within 1,200 feet af
er advertising sign an
e sideaf the right-af-wa
3. I advertising signs shall be
e cted with a single pale ar
CD30:134
manapale structural standar:
and hall have undergraund
mg.
4.
ase af any advertisin
be landscaped with a east
and must be p perly
ained.
Adve ising signs sha
ceed 0 square feet .
25 fee in height as easured
perpen icularly fro. I he height
af the H crhest pain af the sign
structur to. the gr] de level di-
rectly be . w the si n. The exist-
ing grad mayt. tbe altered
far the prpas .' of increasing
sign heigh
Ad"erti,in ,i' , ,hall be con-
sidered a p . . ipal use af the
praperty. E . ting advertising
signs must remaved when
the parcel which they are
~~:~~:~ is e~~ .~.' '.ed. to another
The city s all pe " arm a yearly
inspectia afthe a . vertising de-
vices to. nsure c pliance af
the adv ising str cture with
the pr 'sians af th' subdivi-
sian ather pravisl s afthis
articl The fee far tli inspec-
tian all be set by ,e city
caun I by resalutian. '
Suc advertising signs sh I anly
be lawed in industrial~ned
pr erty adjacent to. t. he. :'h. t-
af ay far State Highway :~lm-
b 10 and State Highway Ntfll-
ber 169, '
(d) Conditional uses. Canditional uses in the
I-I district are as fallows:
5.
6.
7.
8.
(1) Outdaar starage area accessary to. princi-
pal use.
(2) Single-family residential dwelling units
accessary to. principal uses, pravided that:
a, The nature af the principal use af
the praperty makes it necessary ar
Supp. No.5
LAND DEVELOPMENT REGULATIONS
S 30-1293
b.
highly desirable from both the prop-
erty owner's and the city's perspec-
tive to have a 24-hour-a-day care-
taker or security person reside on
the property.
The proposed dwelling unit is de-
signed for and will be used exclu-
sively by caretakers or security per-
sonnel responsible for the security of
the property and the principal use
thereof.
The proposed building unit will be
occupied by no more than two per-
sons, neither of whom may be under
18 years of age.
There will be only one dwelling unit
per lot or, if one principal use is
located on several adjoining lots, per
principal use.
The proposed dwelling unit will not
exceed 800 square feet in size and
will be located within a building serv-
ing the principal use of the property
which is no less than 10,000 square
feet in size.
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.
The proposed dwelling unit meets all
other requirements of this Code and
Minnesota Uniform Building Code
for occupancy asa dwelling unit by a
single family. The city council may, if
it fmds 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,
The conditional use allowing such a
dwelling unit in an industrial zone is
deemed to be unique to the principal
use of the. property and the owner-
ship of the property and the princi-
pal use. Any conditional use permits
granted under this section shall there-
c.
d.
e.
f,
g.
h.
fore automatically expire if theprin-
cipal use of the property changes or
the ownership of either the property
or the principal use of the property
changes,
(3) Recycling processing centers.
(4) Bottling and distribution,
(5) Ministorage.
(6) Water/sewage treatment,
(7) Auto repair shops.
(8) Grain and feed elevators.
(9) Sexually oriented land uses.
(10) Temporary structures,
(11) Government buildings and facilities,
(12) Broadcasting studios and facilities.
(13) Truck and implement sales.
(14) Commercial kennels (indoor).
(15) Commercial recreation (unplatted land
only).
(16) School bus terminals provided the prop-
erty has direct access to an arterial or
collector street.
(e) Architectural standards. No provision of
section 30-938 except subsection qQ....Q38(2) per-
taining to building finish and subsection; 30-
~38~~rpertaining to roofs applies .to this dist~ict.
(Code 1982, S 900.12(14); Ord. No. 04-003, S 1,
1-20-2004)
)If
(b) Permitted ses. Permitted
district are a~"fIows: . -
(1)... gpt:s.
(2~olesille. b~smesses
CD30:135
(d) Conditional uses. Conditional uses in the 1-1 district are as follows:
(1) Outdoor storage area accessory to principal use.
(2) Single-family residential dwelling units accessory to principal uses, provided that:
a. The nature of the principal use of the property makes it necessary or highly desirable
from both the property owner's and the city's perspective to have a 24-hour-a-day
caretaker or security person reside on the property.
b. The proposed dwelling 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.
c. The proposed building unit will be occupied by no more than two persons, neither of
whom may be under 18 years of age.
d. There will be only one dwelling unit per lot or, if one principal use is located on
several adjoining lots, per principal use.
e. The proposed dwelling unit will not exceed 800 square feet in size and will be
located within a building serving the principal use of the property which is no less than
10,000 square feet in size.
f. 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.
g. The proposed dwelling unit meets all other requirements of this Code and Minnesota
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.
h. The conditional use allowing such a dwelling 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 ifthe principal use of the property changes or the ownership of
either the property or the principal use of the property changes.
(3) Recycling processing centers.
(4) Bottling and distribution.
(5) Ministorage.
(6) Water/sewage treatment.
(7) Auto repair shops.
(8) Grain and feed elevators.
(9) Sexually oriented land uses.
(10) Temporary structures.
(11) Government buildings and facilities.
(12) Broadcasting studios and facilities.
(13) Truck and implement sales.
(14) Commercial kennels (indoor).
(15) Commercial recreation (unplatted land only).
(16) School bus terminals storage. Not to exceed 10 buses, unless provided the
property has direct access to an arterial or collector street.
ORDINANCE 04 -
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 30-1292
OF THE CITY CODE OF ORDINANCES
RELATING TO BUS STORAGE IN 1-1 (LIGHT INDUSTRIAL) ZONING DISTRICT
Case No. OA 04-07
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 30-1292 titled 1-1 District of the City of Elk River Code of Ordinances
shall be amended by adding the following:
Sec. 30-1292. 1-1 District.
(d) (16) Bus storage. Not to exceed 10 buses, unless the property has direct access to an
arterial or collector street.
Section 2. That this ordinance shall take effect upon publication as provided by law,
Passed and adopted by the City Council of the City of Elk River this 18th day of
January, 2005.
Attest:
Stephanie Klinzing
Mayor
Joan Schmidt
City Clerk