6.5. SR 06-21-1999
rei ---\)
( );
~l}{
Items # 6.5.
MEMORANDUM
River TO:
FROM:
The Mayor and City Council .
Stephen Wensman, Planner t? J
DATE:
June 21, 1999
SUBJECT:
Request by Heritage Landing
Development for an Ordinance
Amendment, Public Hearing Case No.
OA 99-5
Request
Please consider a request by the applicant for an ordinance amendment to
allow mini-storage as a conditional use in the C3, Highway Commercial
zoning district.
. Location
General Location: (Highway 10 and Waco St. NW), SWl/4, NWl/4 of Section
31, Township 33, Range 26, Elk River, MN.
Zoninfl/Land Use
C3 (Highway Commercial) I HB (Highway Business)
Attachments
. Locationlzoning map
. Ordinance 99-
. C3, Highway Commercial Uses
. C3, Highway Commercial Uses, prior to August 19,1996
. Map of unplatted C3 zoned property with no urban services
Overview
.
The applicant requests the ordinance amendment so that a mini-storage
facility can be built and operated in a C3, Highway Commercial zoning
district. Presently, mini-storage is only permitted as a conditional use in the
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 99-5
June 21, 1999
Page 2
.
11 and 12 zoning districts. When the property was purchased, enclosed
storage and warehousing was a conditional use in the C3 zone. On August
19, 1996, the ordinance was amended to delete storage and warehousing from
the 11, 12 and C3 zoning districts and add mini-storage as a conditional use
in the 11 and 12 zones. The City Council decided that mini-storage was not
the best use of highway frontage and that the ordinance amendment better
differentiated the affected zoning districts and better reflect their intended
purposes.
Ordinance Amendment
Staff has drafted the attached ordinance amendment such that it will allow
mini-storage in only a relatively few locations in the C3 zoning district. By
allowing mini-storage in only unplatted areas and unserviced areas, the
intent is to protect the best employment and tax base opportunities of such
properties. If these sites are platted and serviced in the future and mini-
storage facilities remained, they would become legal nonconforming uses.
Planninq Commission
.
At the May 25, 1999, Public Hearing, no one from the public spoke for or
against this issue. The Planning Commission questioned whether or not
mini-storage was an appropriate Highway Commercial use and was
concerned about the appearance of the "gateways" to Elk River if the
ordinance amendment was approved. The City Attorney stated that if the
ordinance was approved, other unplatted properties along the Highways
could request rezoning to C3 in order to develop mini-storage. The
Commission recommended denial of the ordinance amendment citing the
Council's original reasons for removal of mini-storage from the C3 zoning
district.
Although agreeing with the Commission's sentiments, staff believes the
appearances of the "gateways" to Elk River can be addressed through the
CUP process by holding projects to an appropriate standard. Also, future
rezoning requests can be denied by the Council, if they are found to be
inappropriate or inconsistent with the City's Comprehensive Plan.
Recommendation
Staff recommends approval of this request for ordinance amendment 99-_,
however, the Planning Commission recommended the City Council
recommend denial.
.
\\elkriver\sys\shrdoc\planning\stevewen \ccmmo\oa99- 5. doc
~
LOCATION
m!
m!
,
:!!!
~
!!
i i i i
< ~
~ ~
~
~ ~!~ ~ ~~!~~ II~i Igi
. r I -'\)
( . 'II
City of ~
iElli River
LOCA TION
MAP
N
13065 Orono Parkway. P.O. Box 490
Elk River. MN 55330
CASE: LU 99-1, OA 99-5
.
ORDINANCE 99 -
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 99-_
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.10(12) of the City of Elk River Code of Ordinances
shall be amended to read as follows:
C. Conditional Uses
xxii. Mini-storage, provided:
(1) That the use is on unplatted land and outside the
urban service district.
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 _ day of
,1999.
Stephanie Klinzing
Mayor
Sandra A. Peine
City Clerk
.
s: \document \ordinanc \oa99mini.doc
.
.
.
EXISTING C-3 USES
Institutional
iv.
v.
vi.
_..
facilities
sauna establishments
Therapeutic
12. C-3 - Highway Commercial District
STATEMENT OF PURPOSE: The purpose of the C-3 highway commercial
district 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.
A.
Permitted Uses
i. Governmental, business and professional offices
ii. Retail shops and stores
iii. Personal service establishments
iv. Nurseries, produce markets, and garden centers
which may include outdoor display
v. Convenience stores
vi. Public parks
vii. Financial Institutions
viii. Sale of firearms
B. Accessory Uses
1. Signs as are permitted in Section 900.22
ii. Off-street parking facilities
iii. Off-street loading facilities
9.30
iv. Telephone booths
v.
Private recreational facilities
.
vi. Public shelters and essential services
C. Conditional Uses
i. Enclosed light manufacturing with related retail
sales
ii. Car, RV and marine sales
iii. Nonprofit clubs, lodges, or halls
iv. Licensed daycare facilities
v. Institutional uses
vi. Equipment rental businesses
vii. Commercial recreational facilities
viii.Auto repair shops
ix. Shopping centers
x.
On-sale liquor establishments
.
xi. Governmental buildings and facilities
xii. Veterinary clinics
xiii. Car Washes
xiv. Restaurants (Class II)
xv. Motor vehicle service stations
xvi. Motor vehicle specialty shops
xvii.Therapeutic massage and sauna establishments
xviii.Lumber Yard
xix. Pawnshops (250 foot setback from any residential
zone and 500 foot setback from schools, parks, daycare
centers, churches and other pawnshops, measured from
the property line)
xx. Hotels and motels
xxi. Restaurants (Class I)
.
9.31
-
/
;
l. ./
, ~
'..1
.
-..
'.
.
HIGHWAY COMMERICAL USES PRIOR TO 8/19/1996
STATEMENT OF PURPOSE: The purpose of the C-3 highway commercial
district 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 m~~~er
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.
A. Permitted Uses
i. Governmental, business and professional offices
ii. Retail shops and stores
iii. Restaurants (Class I)
iv. Hotels and motels
v. Personal service establishments
vi. Nurseries, produce markets, and garden centers
which may include outdoor display
vii. Convenience stores
viii.Public parks
ix. Financial Institutions
B. Accessory Uses
i. Signs as are permitted in Section 900.22
ii. Off-street parking facilities
iii. Off-street loading facilities
iv. Telephone booths
v. Private recreational facilities
vi. Public shelters and essential services
C.
Conditional Uses
i. Enclosed light m~~ufacturing with related retail
sales
9.29
ii. Car, implement, RV and marine sales
iii. Nonprofit clubs, lodges, or halls
iv; -Licensed daycare facilities
v. Institutional uses
vi. Equipment rental businesses
vii. Commercial recreational facilities
viii.Enclosed storage and warehousing
ix. Aueo repair shops
x. Shopping centers
xi. On-sale liquor establishments
xii. Governmental buildings and facilities
xiii. Truck terminals
.
..
xiv. Veterinary clinics
xv. Car Washes
xvi. Restaurants (Class II)
xvii.Motor vehicle service stations
xviii.Motor vehicle specialty shops
xix. Therapeutic massage and sauna establishments
xx. Lumber Yard
.