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5.12 r-Q ITEM 5.12. •ty of / MEMORANDUM Elk River TO: Planning Commission FROM: Scott Harlicker, Planning Assistant DATE: June 25, 199 0( SUBJECT: City of Elk River Request 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 900.12 of the City Ordinance relating to definitions, light industrial and medium industrial uses, and highway commercial uses. Attachments • • Current ordinance relating to I1 (Light Industrial) uses, I2 (Medium Industrial) uses and C3 (Highway Commercial) uses • Ordinance 96- Overview Staff has been working on revising the list of permitted and conditional uses in the I1 and I2 zones as well as the removal of enclosed storage and warehousing and truck terminals from the C3 zone. Deleted from the I1 and I2 zones were kennels, rendering plants and airports. In the C3 (Highway Commercial) zone, truck terminals and enclosed storage and warehousing were deleted as conditional uses and incorporated as allowed uses in the I1 zone, warehousing as a permitted use, and truck terminals as a conditional use. Enclosed storage was replaced with the term mini-storage and included as a conditional use. The attached ordinance incorporates the Commission's suggestions and, to the extent possible, the uses in the I2 zone are cumulative and include those uses proposed for the I1 zone. • s:planning\scott\indamd.doc 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 • Recommendation It is recommended that the Planning Commission recommend approval of the ordinance amending permitted and conditional uses in the I1 and I2 zoning districts, amending conditional uses in the C3 zoning district and establishing new definitions for light industrial and heavy industrial. • 0 EXISTING LIGHT INDUSTRIAL • STATEMENT OF PURPOSE: This District shall serve as a transition 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 areas 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 MEDIUM INDUSTRIAL STATEMENT OF PURPOSE: This District is intended to accommodate . more intense manufacturing and processing than would be allowed in the I-1 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 E. Accessory Uses C. Conditional Uses i. Junkyards and automobile wrecking and storage yards ii. Truck terminals iii . Reserved 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 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 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 • I EXISTING 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 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 • • 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 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 v. Medical, dental, optical labs vi. Light manufacturing • B. Accessory Uses C. Conditional Uses i. Outdoor storage area accessory to principal use ii. 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. (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 s:\document\ordinanc\oa96-4.doc • additional reasonable requirements or conditions on the construction and use of the dwelling unit. (8) 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 or the principal use of the property changes. iii. Recycling processing center iv. Bottling and distribution v. Mini-storage vi. Water/sewage treatment viii. Auto repair shop ix. Grain and feed elevators x. Multiple principal structures on one lot xi. Sexually oriented land uses xii. Temporary structures xiii. Government buildings and facilities xiv. Broadcasting studios and facilities • 15. I-2 Heavy Industrial A. Permitted Uses i. Offices ii. Wholesale businesses iii. Light manufacturing iv. Warehouses v. Mini-storage vi. Auto repair shop vii. Bottling and distribution viii. Research and design facilities ix. Medical, dental, optical labs 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 s:\document\ordinanc\oa96-4.doc 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. Outdoor storage area accessory to principle use xv. Bus and truck storage, maintenance and repair xvi. Multiple principal structures on one lot xvii. Sexually oriented land uses xviii. Single family residential building 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. (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. s:\document\ordinanc\oa96-4.doc • (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 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 or the principal use of the property changes. ixx. Temporary structures xx. Government buildings and facilities Section 3. Section 900.12 (12) City of Elk River Code of Ordinance titled "Permitted, Accessory, and Conditional Uses" is hereby amended as follows: • 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 s:\document\ordinanc\oa96-4.doc