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5.8 elf ITEM 5.8. yof .lk River MEMORANDUM TO: Planning Commission FROM: Scott Harlicker, Planning Assistant DATE: April 23, 1996 SUBJECT: Request by the City of Elk River for Ordinance Amendment, Public Hearing Case No. OA 96-4 Issue Consider a request by the City of Elk River to amend Section 900.08 and Section 900.12 of the City Ordinance relating to definitions, light industrial uses, medium industrial uses and highway commercial uses. Attachments • • Current ordinance relating to L1 (Light Industrial) uses, I2 (Medium Industrial) uses and C3 (Highway Commercial) uses • Ordinance 96- Background There has been some discussion regarding the types of uses that are allowed in the light industrial and medium industrial zoning districts. Currently there are a significant number of uses allowed in both zones with little differentiation between the two. The two industrial zones were established to serve different purposes; so it would seem appropriate that the overlapping of allowed uses should be minimized. The purpose of the I1 District is to serve as a transition between more industrial uses, residential and other business uses. The district is appropriate for manufacturing, warehousing and similar industrial uses. The industries should be compatible with each other and with surrounding land uses. The I2 District, on the other hand, is intended to accommodate more intense manufacturing and processing than would be allowed in the I1 District. These uses may tend to generate more off-site impacts than those allowed in the I1 District. • 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Memo to the Planning Commission Page 2 April 23, 1996 There has also been some discussion regarding the types of uses that are 111 currently allowed in the highway commercial zone. There are two uses listed that would appear to be more appropriate for the two industrial zones. Truck terminals and enclosed storage and warehousing shops are uses that are industrial in nature and appearance and are better suited for industrial zones. Analysis and Recommendations In an attempt to develop a list of allowable uses that better reflect the stated purposes of the two industrial districts, staff reviewed other ordinances and incorporated some of the uses found in those ordinances with uses found in our ordinance. The result can be found in the following list of suggested allowed uses: I1 Permitted offices warehouses research/design facilities wholesale businesses medical, dental, optical labs • light manufacturing Conditional screened outdoor storage areas accessory to a principle use radio/tv/cellular antennas recycling processing center bottling and distribution mini-storage water/sewage treatment auto repair shop grain and feed elevators III s:\planning\scott\1112uses.doc Memo to the Planning Commission Page 3 April 23, 1996 I2 • Permitted Offices wholesale businesses light manufacturing warehouses mini-storage Conditional concrete/asphalt products and processing * foundry, casting, forging metals * manufacturing, heavy animal and poultry processing * freight and rail yards truck terminals auto repair shop junkyards, auto wrecking and storage, salvage yards recycling processing center • grain and feed elevators and mills chemical storage/bulk storage fuel i.e. petroleum meat or fish packing * water and sewage treatment screened outdoor storage area accessory to a principle use bus and truck storage, maintenance and repair * Indicates that this use may be included under the heavy manufacturing definition In order to come up with a list of uses that better reflect the commercial nature of the highway commercial zone the following changes are suggested for the C3 zoning district: • delete truck terminals from the list of conditional uses • delete enclosed storage and warehousing from the list of conditional uses The following two definitions are intended to clarify two types manufacturing, light and heavy. Staff considered two methods to define light and heavy manufacturing. One method listed, in the body of the definition, specifically what types of uses were allowed and the other was a more general description. • Staff opted to go with the more general description because of the greater flexibility offered and it was less cumbersome s:\planning\scott\1112uses.doc Memo to the Planning Commission Page 4 April 23, 1996 IIIManufacturing, Heavy: A use engaged in the basic processing, manufacturing, packaging, assembly, compounding or treatment of materials or products predominantly from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. Manufacturing, Light: A use engaged in the manufacture, fabrication, processing, packaging or assembly, predominantly from previously prepared materials, of finished products or parts, but excluding basic industrial processing. The above activities shall take place in a manner which will not produce offensive conditions observable from neighboring properties. 0 • s:\planning\scott\1112uses.doc EXISTING C41 HIGHWAY COMMERCIAL 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. 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 manufacturing 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. Auto repair shops x. Shopping centers xi. On-sale liquor establishments xii. Governmental buildings and facilities xiii.Truck terminals 110 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 13 . C4 - Neighborhood Commercial STATEMENT OF PURPOSE: The purpose of the C4-Neighborhood Commercial district is to provide land use opportunities to attract convenience retail stores, and personal service establishments . It is intended that this district primarily serves surrounding residential neighborhoods and businesses within the immediate area. Neighborhood Commercial districts shall be located adjacent to collector or arterial streets so that traffic does not impact local streets. In order for development to occur 9.30 EXISTING 1-1 LIGHT INDUSTRIAL STATEMENT OF PURPOSE: This District shall serve as a transition 410 between more industrial uses and residential and other business uses . This District is appropriate for manufacturing, warehousing, and similar industrial uses because of access to warehousing, thoroughfares, the full complement of urban services such as sewer and water, and distance from residential districts . These ureas are intended to encourage the development of industrial uses which are clean, quiet, and free of hazardous or objectionable elements such as noise, odor, dust, smoke, glare, or other pollutants . These industries should be compatible with each other and with surrounding land uses . A. Permitted Uses i . Offices ii . Enclosed storage and warehousing iii . Research laboratories iv. Light manufacturing B. Accessory Uses C. Conditional Uses i . Junkyard and automobile wrecking and storage yards ii. Reserved iii . Rendering plants iv. Broadcasting studios and facilities v. Airports vi. Kennels vii . Truck terminals viii .Single family residential dwelling units accessory to principal uses, provided: (1) That the nature of the principal use of the property makes it necessary or highly desirable from both the property owners and the City' s perspective to have a twenty-four (24) hour a day caretaker or security person reside on the property. 9.34 (2) That 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 (3) That the proposed building unit will be occupied by no more than two persons, one of whom must be an immediate family member (husband, wife, father, mother, or child) or the owners of the principal use of the property and neither of whom may be under eighteen (18) years of age . (4) That there will be only one dwelling unit per lot or, if one principal use is located on several adjoining lots, per principal use . (5) That the proposed dwelling unit not exceed eight hundred (800) square feet in size and be located within a building serving the principal use of the property which is no less than ten thousand (10, 000) square feet in size . (6) That 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. (7) That the proposed dwelling unit meets all other requirements of the City Code and 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. (8) That the conditional use allowing such a doweling 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 if the principal use of the property or the principal use of the property changes . ix. Government buildings and facilities • 9.35 x. Sexually Oriented Land Uses . • xi. Temporary structures. xii. Recycling processing center xiii . Screened outdoor storage areas accessory to a principal use EXISTING 1-2 MEDIUM INDUSTRIAL 15 , STATEMENT OF PURPOSE: This District is intended to accommodate more intense manufacturing and processing than would be allowed in the I-i District. Proposed uses would include manufacturing, production, warehousing with heavy truck traffic and other uses which may generate nominal offsite impacts . A. Permitted Uses i. Offices ii . Contracting yards iii . Grain and feed elevators and mills iv. Concrete products processing v. Animal and poultry processing vi. Freight (rail) yards vii . Processing, and storage of natural resources viii. Research labs ix. Light manufacturing B. Accessory Uses C. Conditional Uses i . Junkyards and automobile wrecking and storage yards ii. Truck terminals • iii . Reserved 9.36 iv. Rendering plants • v. Broadcasting studios and facilities vi . Airports vii. Kennels viii.Single family residential dwelling units accessory to principal uses, provided: (1) That the nature of the principal use of the property make it necessary or highly desirable from both the property owners and the City' s perspective to have a twenty-four (24) hour a day caretaker or security person reside on the property. (2) That 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. (3) That the proposed dwelling unit will be occupied by no more than two persons, one of whom • must be an immediate family member (husband, wife, father, mother, or child) or the owner of the principal use of the property and neither of whom may be under eighteen (18) years of age . (4) That there shall be only one dwelling unit per lot or, if one principal use is located on several adjoining lots, per principal use . (5) That the proposed dwelling unit not exceed eight hundred (800) square feet in size and be located within a building serving the principal use of the property which is no less than ten thousand (10, 000) square feet in size . (6) That 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. (7) That the proposed dwelling unit meets all other requirements of the City Code and the Uniform Building Code for occupancy as a dwelling unit by a single family. The City Council may, if 9.37 • 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 . (B) That 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 if the principal use of the property changes or the ownership of either the property or the principal use of the property changes . ix. Government buildings and facilities x. Sexually Oriented Land Uses xi. Temporary structures xii . Recycling processing center xiii . Screened outdoor storage areas accessory to a principal use 16 . B-P Business Park STATEMENT OF PURPOSE: The Business Park District is established to encourage a planned, integrated environment for certain industrial, office, and limited commercial uses which are compatible with and compliment each other as well as the surrounding land uses . It is the intent of this ordinance that development reflects 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 predominately warehouse type uses . A. Permitted Uses i . Light manufacturing ii. Research and development laboratories 9.38 ORDINANCE 96- • CITY OF ELK RIVER AN ORDINANCE AMENDING SECTIONS 900.08 AND 900.12 OF THE CITY OF ELK RIVER CODES OF ORDINANCE RELATING TO DEFINITIONS, PERMITTED, ACCESSORY AND CONDITIONAL USES IN THE I1 AND I2 ZONING DISTRICTS AND CONDITIONAL USES IN THE C3 ZONING DISTRICT CASE NO. OA 96-4 The City Council of the City of Elk River does hereby ordain as follows: Section 1. Section 900.08 of the City of Elk River Code of Ordinance titled, "Definitions" is hereby amended to read as follows: Manufacturing, Heavy: A use engaged in the basic processing, manufacturing, packaging, assembly, compounding or treatment of materials or products predominantly from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive III conditions. Manufacturing, Light: A use engaged in the manufacture, fabrication, processing, packaging or assembly, predominantly from previously prepared materials, of finished products or parts, but excluding basic industrial processing. The above activities shall take place in a manner which will not produce offensive conditions observable from neighboring properties. Section 2. Section 900.12 (14) and Section 900.12(15) City of Elk River Code of Ordinance titled "Permitted, Accessory, and Conditional Uses" is hereby amended to read as follows: 14. I-1 Light Industrial A. Permitted Uses i. Offices ii. Warehouses iii. Research/design facilities iv. Wholesale businesses IP v. Medical, dental, optical labs vi. Light manufacturing B. Accessory Uses • C. Conditional Uses i. Screened outdoor storage area accessory to principle use ii. Radio/tv/cellular antennas iii. Recycling processing center iv. Bottling and distribution v. Mini-storage vi. Water/sewage treatment viii. Auto repair shop ix. Grain and feed elevators 15. I-2 Medium Industrial A. Permitted Uses i. Offices ii. Wholesale businesses iii. Light manufacturing iv. Warehouses v. Mini-storage • B. Accessory Uses C. Conditional Uses i. Concrete/asphalt products and processing ii. Foundry, casting, forging metals iii. Manufacturing, heavy iv. Animal and poultry processing v. Freight and rail yards vi. Truck terminals vii. Junkyards, auto wrecking and storage, salvage yards viii. Auto repair shops ix. Recycling processing center x. Grain and feed elevators and mills xi. Chemical storage/bulk storage fuel i.e. petroleum xii. Meat or fish packing xiii. Water and sewage treatment xiv. Screened outdoor storage area accessory to principle use xv. Bus and truck storage, maintenance and repair • Section 3. Section 900.12 (12) City of Elk River Code of Ordinance titled "Permitted, Accessory, and Conditional Uses" is hereby amended as follows: s:\document\ordinanc\oa96-4.doc • 1. Section 900.12 (12) viii. Enclosed storage and warehousing is deleted 2. Section 900.12 (12) xiii. Truck terminals is deleted Section 4. That this Ordinance shall take effect and be in full force from and after the date of its publication. Passed and adopted this day of , 1996, by the City Council of the City of Elk River. Henry A. Duitsman, Mayor ATTEST: Sandra A. Thackeray, City Clerk III • s:\document\ordinanc\oa96-4.doc