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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 .