6.3 ITEM 6 . 3 .
*iy of MEMORANDUM
lk RiverOPlanning
Commission
FROM: Scott Harlicker, Planning Assistan
DATE: October 22, 1996
SUBJECT: City of Elk River Request for Ordinance
Amendment to Allow the Sale of
Gasoline in the C4 District, Public
Hearing Case No. OA 96-14
Request
Consider a request by the City of Elk River to amend the zoning code to allow
the sale of gasoline as a conditional use in the C4 ( Neighborhood Commercial)
zoning district.
Attachments
• • Ordinance No. 96-
• Copy of Ordinance No. 95-31 establishing the C4 district
Background
The neighborhood commercial district was established in December 1995. It's
purpose is to service surrounding residential neighborhoods and businesses
within the immediate area with convenience retail stores and personal service
businesses. Among the allowed uses are convenience retail sales as a permitted
use and motor vehicle specialty service stations as a conditional use. Currently
the sale of gasoline is not allowed.
There are two areas of the City that are currently zoned C4; they are located on
the north side of Highway 10 at the intersection with Joplin Street and on the
northwest corner of the intersection of Highway 169 and 193rd Avenue. Both of
these areas are adjacent to single family residential zones. Another example of
neighborhood commercial is the convenience center at the southwest corner of
Joplin and Highway 10. This was developed under business park standards;
however, is a good example of what neighborhood commercial may consist of.
Existing Definition
•
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
October 22, 1996
Currently convenience stores such as Super America, Cenex and Holiday are
• treated as motor vehicle service stations They are treated as such because of the
sale of gasoline. The only use that includes gasoline sales is motor vehicle
service station. The definition for motor vehicle service station is as follows:
"A place where gasoline or other automobile engine fuel, kerosene or
motor oil and lubricants or grease for operation of motor vehicles are sold
directly to the public on the premises; including the sale of minor
accessories and the servicing and minor repair of automobiles."
This definition is fine for the old style Joe's Gas Station but is probably outdated
with the coming of convenience stores and the separation between gas sales and
auto repair. There are very few service stations today that would fit this
definition. Certainly it is a stretch to include a convenience store as a motor
vehicle service station, but there is no definition for a use such as a convenience
store which includes retail sales and the sale of gasoline.
Uses
One of the purposes of the C4 district is to provide land use opportunities to
attract convenience retail stores and personal service establishments. The sale of
gasoline could also be considered a service provided to surrounding residential
• neighborhoods and businesses. Traditionally residents and workers buy gasoline
at places that are close to their home or place of employment because of the
convenience. As such, it would be consistent with the stated purpose of the
neighborhood commercial district to include gasoline sales in the C4 district..
With stores that conduct both retail sales and sell gasoline, the impact of traffic
on the neighborhood seems to be one of the main concerns. If the sale of
gasoline is allowed as a conditional use, this can be addressed during the
process of applying for a conditional use permit. If the generation of traffic is a
concern, the number of gas pumps can be limited in order to reduce the amount
of traffic generated by the facility. This would allow the facility to be scaled
down to meet the character of the surrounding area.
If gasoline sales were allowed as a conditional use, a business such as a Tom
Thumb or a Brooks Superette, if they did not sell gasoline, would be allowed as a
permitted retail use. If they decided to sell gasoline at the site, that would
trigger the need for a conditional use permit for the sale of gasoline. The plans
would then be reviewed by the Planning Commission and City Council.
On a related matter, this discussion of including gasoline sales as a conditional
uses leads to another auto related use that is currently allowed as a conditional
• use, motor vehicle specialty service station. Uses included under this definition
include businesses such as Midas Muffler, Tires Plus, Goodyear and Firestone
s:\planning\pc\oa96-14.doc
Memo to the Planning Commission Page 3
October 22, 1996
Service Centers and Car X. These high volume repair centers are currently
allowed in the C4 district even though they are not scaled to service the
surrounding area but draw customers from the whole Elk River area. These type
of businesses are better suited for the highway commercial district where their
impact on residential areas will be minimal. It is suggested that the Commission
consider eliminating motor vehicle specialty service stations as a conditional use
in the C4 district. Staff believes motor vehicle specialty service station was
mistakenly included in the C4 district. The intent was to include motor vehicle
service station (gasoline sales) when the ordinance was originally prepared.
Recommendation
It is recommended that the Planning Commission recommend approval of
Ordinance No. 96- amending the C4 (Neighborhood Commercial) district to
add the sale of gasoline as a conditional use and eliminate motor vehicle
specialty service station as a conditional use.
•
•
s:\planning\pc\oa96-14.doc
ORDINANCE 96-
• CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 900.18
OF THE CITY OF ELK RIVER CODE OF ORDINANCES
SCHEDULE OF DIMENSIONAL REGULATIONS
CASE NO. OA 96-14
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.12(13)(c) - C4 - Neighborhood Commercial,
Conditional Uses, of the Elk River Code of Ordinances is hereby amended to
read as follows:
ix. Sale of Gasoline
Section 2. 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:\docoument\ordinance\oa96-14.doc
ORDINANCE 95- 31
• CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 900.12 OF THE CITY OF ELK
RIVER CODE OF ORDINANCES ESTABLISHING A
NEIGHBORHOOD COMMERCIAL ZONING ORDINANCE
The City Council of the City of Elk River does hereby ordain as follows:
Section 1: Section 900.12 of the Elk River Code of Ordinances is
hereby amended to add the following section, which shall read as follows:
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
• within this district, public sanitary sewer, storm sewer, and
municipal water must be available and hooked up in order to occupy
the particular business .
A. Permitted Uses
1 . Convenience retail sales of goods and services
2 . Dry cleaning and laundry establishments
3 . Personal service and repair establishments such as
barber and beauty shops, shoe repair, etc.
4 . Printing shops and publishing shops
B. Accessory Uses
1 . Uses customarily incidental to the permitted or
conditional uses allowed in this district
2 . Off-street parking areas
3 . Signs as regulated in the Elk River zoning ordinance
i
C. Conditional Uses
1. Motor vehicle specialty service stations
2 . Car wash facilities
3 . Daycare centers
4 . Educational/institutional uses
5 . Off-sale liquor stores
6 . Class 1 and Class 2 restaurants
7 . Financial institution
8 . Mortuaries, funeral homes
D. Lot Standards
1 . Minimum lot area - one (1) acre.
2 . Minimum frontage - 150 feet.
3 . Minimum depth - 150 feet.
• 4 . Maximum building height shall not exceed 2 stories or
30 feet, whichever is less.
5 . Maximum lot coverage by building shall not exceed
thirty-five percent, (350) .
E. Building Setback
1 . Front yard setback - 25 feet.
2 . Side yard setback - 20 feet .
3. Rear yard setback - 20 feet.
4 . The yard adjacent to any residential district shall
have a minimum setback of thirty (30) feet.
F. Parking and Driveway Setback
1. Front yard - twenty-five (25) feet .
2 . Side yard - ten (10) feet.
•
3 . Rear yard - twenty (20) feet.
1
411 4 . The yard adjacent to any residential district shall
have a minimum setback of twenty-five (25) feet.
G. Architectural Standards
1 . Major exterior surfaces of all walls shall be face
brick, stone, glass, stucco, architecturally treated
concrete, or decorative block, or an approved
equivalent material as approved by the Zoning
Administrator.
H. ' Signage
1. Notwithstanding the provisions of Section 900 .22 (Sign
Ordinance) the following requirements shall be met:
a. General Guidelines
1. All signs within a neighborhood commercial
development must consist of materials and a
design which compliments the architectural
elements of the principal building and
character of the project.
• 2 . All freestanding signs shall have a minimum
ten (10) foot setback from all property
lines.
3 . Prior to installing any signs, a sign permit
must be obtained from the City of Elk River
Planning Department.
b. Freestanding Sign
1. All freestanding signage shall consist of a
monument style sign. A maximum height of
ten (10) feet along collector streets and a
maximum height of twenty (20) feet along
arterial streets, with a maximum area of
one-hundred (100) square feet.
c. Wall Signs (Freestanding Sites)
1. Wall signage for each freestanding building
must consist of individual letters and shall
not have more than one (1) wall sign for
�• each principal building.
2 . The gross surface area of a wall sign for
freestanding buildings shall not exceed ten
(10) percent of the area of a building wall,
including doors and windows, to which the
sign is to be affixed.
d. Wall Signs (Multi-Tenant Building)
1. Fascia signs for individual retail tenants
shall be for store identity only.
2 . Capital letters shall be no larger than 36"
high, lower case letters shall be no larger
than 24' high. Signs may be located on the
building in a symmetrical manner, but in no
case shall they extend closer than 2' 0" from
the projected lease line.
Passed and adopted by the Elk River City Council this 18th day of
December , 1995 .
pc:c4ordamd
/);-• '
-n A. Duitsman, Mayor
ATTEST :
4111.11
/
andra Thackeray, City ' lerk
•