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6.10 -fir \4 - Item # 6 . 10 . ity of MEMORANDUM YAkTO: Planning Commission FROM: Stephen Wensman, Planner � <<' DATE: November 24, 1998 SUBJECT: Request by Doug Ringold for an Ordinance Amendment, Public Hearing Case No. OA 98-6 Request Please consider a request by the applicant for an ordinance amendment to allow commercial recreation as a conditional use with a retail sales as an accessory use for unplatted property in the I1 (Light Industrial) zoning district. Location IIII 15536-15546 Cleveland Street NW, General Description: NW 1/ ,NE 1/ of p Section 24, Township 32, East of Cleveland St. and southwest of U.S. Highway 10. Zoning/Land Use I-1 (Light Industrial) / LI (Light Industrial) Attachments • Location/zoning map • I-1 Light Industrial Zoning • Landuse Map • Map of unplatted light industrial land • Applicant's letter • Comparison by City Overview The applicant requests an ordinance amendment in order to utilize an 4 existing structure and building pad for commercial recreation purposes. The 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD &Phone: (612) 441-7420 • Fax: (612) 441-7425 Memo to Planning Commission/OA 98-6 November 24, 1998 Page 2 • applicant wishes to have the facility be in Elk River and believes this site is perfect site for his proposed business. The applicant believes the request is justified as it will provide approximately 10 jobs to the area, provide entertainment for youth, and locate a successful business to a site that has had failed businesses in the past. The site is adjacent residentially zoned land and behind commercial businesses fronting on Highway 10. Comprehensive Plan In the Comprehensive Plan, this area is designated as light industry. Sewer and water are not likely to be provided to this area. The Comprehensive Plan also expresses a concern for development standards that ensure maintenance of a quality industrial sector. Outdoor Use According to the Elk River Zoning Ordinance definition, commercial recreation is defined as both an indoor and outdoor use. The definition is as follows: COMMERCIAL RECREATION: A building, structure or open space designed, constructed and operated by private enterprise for • recreational purposes and open to the general public. The facility must meet the minimum lot size of the zoning district. Such facilities may include bowling alleys, tennis courts and other leisure uses. Zoning Ordinance Presently, neither commercial recreation nor retail are a permitted or conditional use in the I1 zoning district. Commercial uses in general are inappropriate in an industrial zone, however, the available unplatted land for use and the assorted landuses in the adjacent areas allow some justification. Commercial recreation is presently allowed in C3 and Al as a conditional use. Retail shops are permitted in the Cl and C3 zones, and in the BP zoning as a conditional use. Staff did suggest the applicant request changing the zoning to C3 (Highway Commercial), however the property owner was not cooperative. If the ordinance is amended, commercial recreation will be allowed as a conditional use in all unplatted light industrial zones with retail shops as an accessory use. The majority of the unplatted industrial land exists off Highway 10 in southeast Elk River. • f:\shrdoc\planning\stevewen\pcmmo\oa98-6pc.doc Memo to Planning Commission/OA 98-6 November 24, 1998 Page 3 1111 Comparison by City The cities surveyed vary as to where they permit commercial recreation. Some cities do not specify while others allow it in industrial districts as a conditional use with retail as a accessory use. The survey doesn't reveal a generally accepted permitted zoning classification for commercial recreation. Recommendation Staff recommended that the Planning Commission recommend approval of an amendment to the Elk River Ordinance, section 900.10 to allow commercial recreation as a conditional use for unplatted industrial land in the I1 zoning and allow retail as an accessory use under the following conditons: • The retail sales activity is not located in an administrative office facility, but is located within a business, the principle use of which is not commercial sales. • The retail sales activity shall not occupy more than fifteen percent (15%) of the gross floor area of the occupied quarters. • The retail sales activity is accessory to the principle use. • No sign identifying the retail sales shall be visible from the outside of the building. 10 il f:\shrdoc\planning\stevewen\pcmmo\oa98-6pc.doc 111 I ;• : 6h iesm 1 1 .N o 11,11 MGM II I 164TH 1 • I File I j I 162ND e. / N N 121 161ST •BOTH 1,.so Jo l %/ V '� I 160TH .r 1 °/ 9r 1 3'� J? 159TH --.-.__. _�i .3-InIn sMNMN 159Th 158TH / Fila LOCATION -.;r '56TH W ....§ 157TH ------------------- ��---.__- ----._._aass "t#♦♦'k, ._� f4, ik 157Th # 1 156TH `.. g Z w \'� 41 ill...,,:t$4,,.!,, ..*, 156TH id 4. 155TH __-- �� I ��'0•�� ,� 155TH S 5. i 154TH 154TH INEENI 153RD _- •- II 4 , 153RD 5. __ . 1 g 152ND .off 152ND n o : x 2 7 z I [__} cc •' g O of S g r-c_? --\.( . LOCATION Elkr:..'7 City of ; ►' River OA 98-6 13065 Orono Parkway •P.O. Box 490 CASE: CU 98-27 Elk River, MN 55330 MAP I i (LIGHT INDUSTRIAL ZONING) 411 r 14 . I-i 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 9.35 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. 9.36 • (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. iii. Recycling processing center iv. Bottling and distribution v. Mini-storage • V vi. Water/sewage treatment vii. Auto repair shop viii. Grain and feed elevators ix. Multiple principal structures on one lot x. Sexually oriented land uses xi . Temporary structures xii. Government buildings and facilities xiii . Broadcasting studios and facilities xiv. Truck and implement sales xv. Commercial kennels (indoor) • LAND USE MAP A. Tailwind Trailers • B. Better Yards and Gardens C. Furniture and Things D. Counseling Office E. Residence? F. Residence for sale, zoned C3 G. Furniture and Things H. Farm house I. Farm field J. Farm market and used auto sales K. Mini-storage L. David Decker warehouse / Print Wizard / DJ's Ns. .., ., Ftik,/, 6%{ i -. Nit• iri., (--)A9 © n A ,.. .. A . ,___,,, .1,1% A. 16 do 11151.X. A. • ..416111b. . it Niffh "WV. ../ *No-. , / . • o............... ‘ ,..T .%‘, .e,, • • I ,x,,.., . ,.tv , , p•A .4' W%%?$* 4,41'.1.; tim:-.1111.1.--mill 7 III w ark11..N *13 . t iita . , .. vileumg :4. II limn 11 1 • %)\. 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I :i: _ FIDedplelnt n ANrf ”Colwerva0on 'l • .1. .,,,- Ii' x� Single Flunky Redtlentld FIGURE 2—P t _ L.\ --a'',.,• ,•-' .. ___ _ ._. s I-1 S,Nle Runty Re.1d,n,w ZONING MAP min s,, r---1sngle Far*Rea7eas: RIC SONIe Femly Rerdenbal u _ • .` ROL— \ ''f.n SONO,Famty Redtlenti.l `�w .'irr,F vs— ow - _ r----1 Two Funky ReP d n i .._..-._-...._..,..,. a ®. Two Femiy R..d.nti.l t s ) r_ I--) TowMa.e/W IW,F.dy Rowdeni.l :.:I--) `• -� r A 1 INPIe Fairly R..Id.'L1�� I I Planned UNI Developw,wM 1I —w ...J' 4... -1• OCants!Cwtrn.rd.l I rJ r .e.._ C2 Office Drtrlol i_i [! 1''1—''''1 r�..„..„,Co,,.....,.:10 I . � ,___ _' N ill, I `^JCo2\ 1Pm,uily Commerce] ,,,Vt I {p '- eI n I I�tlit` �!' -.. r—i Soid Waste F.ciy tII °;'I I • r--i AnteAntennate .Tower t ! ! ^ 1I1I , 1 ' I Mnc•al Ercave'von DTR Inc. 1808 Main Street Elk River MN 55330 612-441-0805 Fax 612-241-9277 Subject: Amendment of light industrial code to include commercial recreation as a conditional use. The reason for my request to amend the code is to be able to utilize a building on the west parcel of land described. As for advantages to my company and I know that changing code for one person is not the issue here but it is the reason for my request, I would be able to do several very positive things with the area to 1. create approx 10 jobs the first year and several additional jobs as the company grows. 2. to create a entertainment for the youth of Elk River, 3. To put a successful business in a building that has a history of failed business. My plans include 2 definite and several possible. The first plan includes building an indoor radio controlled race track in the north heated bay of the building, and a small hobbie shop to support the track with replacement parts and racing equipment. My motivation is simple for this and that is that I have personally been involved with the hobbie of RC racing for 14 years and have watch literally 100's of kids grow up while racing and I can not recall a single one going bad, they develop a lot of positive skills while racing that include mechanical skills, eye hand coordination, team building, emotional discipline, to list a few. To give you an example since it was first found out that a indoor track would be possible I have had over 60 people calling offering volunteer labor to do what ever it takes to get the 4111 track built. This has come from racers, parents of racers, people from every age group from 10 years old to 61. This I think is a testomony to the type of people that are involved in this and also the type of character the hobbie as a whole has helped form. This is not my primary business, I own DTR Inc. which is a very successful roofing company who has been growing rapidly using local labor staff, and has grown 6 fold this year without any advertising other than an add in the local paper, the rest is due to word of mouth, which is one of the other purposes of the building to locate our corporate offices in the existing office space in the builing. This will include myself, 2 support staff, 3 sales people, and we will be also be adding 2 coordinators and more sales staff in the spring, we are presently a company of approx 80 people including subcontractors and plan to double that next year. As for the south end of the building (cold storage) we have several possibilities. 1. Start buying our shingles, and supplies in bulk and storing them, this plan would possibly evolve into becoming a shingle distribution company. 2. Subleasing the cold storage out to a local contractor who needs a place to store his equipment. 3. Insulate and sheetrock a 100' area of the back to build a larger track area, and using the rest again for cold storage. 4. Rent out the back for boat and ry storage which is what our plan is for this year. 5. Expanding office space in that direction to accommodate our growing 4111 business. As for the outside area I have illustrated on the plot map where I would like • to build an outdoor RC track, the remainder of the area would be parking lot. We have no plans for any outdoor storage at this time, the possibility of outdoor storage is there in the future if we were to develop the shingle distribution and we would take the appropriate measures that the city recommends at that time. I have also been approached by my father who is in the used car business and asked me if he would be able to use the upper parking lot for a small car lot which is a permitted use and is a possibility depending on our parking needs and is a secondary use that is being considered. We also have plans to redo the landscaping in several areas to improve the look of the building, we are a company that believes in a professional appearance. This is a basic outline to what we are considering with the building. I have taken the time to review the areas in Elk River that are zoned 11 and cannot myself see that the amending of the code to include commercial recreation as a condition use as detrimental to these areas given the fact that all plans would have to be subject to review by the city on a case by case basis. As for the area that we are considering, I have spoken directly to the neighboring businesses and have gotten a very positive response, the building that we are considering is 50 feet away from another retail type establishment, all of our plans with the exception of the RC business fit the description of what that area is zoned for. The RC cars are quiet, they run on electric motors and the majority of the racing will be conducted inside, there is ample parking available, the back of the lot is adjacent to farm land that is zoned residential and again given the fact that this is a quiet hobbie • and one people usually enjoy watching I don't again see a problem if in the future the land behind was developed, I use the example of fun city located in Otsego wfftch is directly located next to residential with no problems. I have spoken with and know personnally the owners of Fun City and they have offered there support in developing the Hobbie and race track. 0:-... _ Thank ou for considerin request Ri��Doug g d VP CFO DTR Inc. • Comparisons by City City Zoning Classification Commercial Retail IIIRecreation Champlin I1 (Planned Industrial Development Not permitted Permitted if essential for 11 Eden Prairie I (General Industrial Development) Gymnasium permitted Permitted if supplimental to function of major office or industrial use, not to excede 15% if gross floor area Woodbury II (Limited Industry District) Gymnastics Not permitted club/academy by special use permit Woodbury Freeway Special Impact District Permitted by special use Not permitted permit Maple Grove I (Industrial District) Not permitted Permitted as an accessory use Golden Valley Light Industrial Zoning District Not permitted Not permitted Lakeville II (Limited Industry District) Permitted by conditional Permitted as an accessory use permit use Brooklyn Park 11 (Limited Industry District) Permitted by conditional Permitted as an accessory use permit use with restrictions Savage II (Limited Industry District) Not permitted Not permitted Otsego Not permitted in Industrial Not permitted Not permitted Anoka Not permitted in Industrial Not permitted Not permitted Blaine Not permitted in Industrial Not permitted Not permitted •