3.4 ,k\/ ---\ity of �
River' MEMORANDUM
,,,,Fik / TO: Planning Commission Item# 3.4
FROM: Stephen Wensman, Planner
DATE: October 27, 1998
SUBJECT: Open Space Development Ordinance
Request
That this item be postponed to the November 24th Planning Commission
meeting to give staff more time for review and to prepare a draft for
presentation.
ID
•
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone: (612) 441-7420 • Fax: (612) 441-7425
,fir --\_
\i -
ity of _, IMEMORANDUM
FikRTO: Planning Commission
FROM: Laurie Mezera-Kerr,
91
Environmental/Code Enforcement
Officer
DATE: October 27, 1998
SUBJECT: Regulation of Truck Tractors and
Trailers on Residential Lots
After consulting with the City Attorney, staff recommends that the truck
tractor licensing alternative be eliminated. City Attorney Peter Beck will be
present to answer questions regarding this issue. For your review, the
proposed code amendment is revised to reflect the suggestions brought forth
during the October 13, 1998, planning workshop.
EXISTING CODE:
Section 500.06(6)
IIIThe following are declared to be a nuisance affecting public peace and safety:
6. The parking of a truck, tractor and/or trailer, or other commercial-type
vehicles, excluding pickup trucks or vans, in excess of seven thousand
(7,000) pounds gross weight on public property within an area zoned
residential. In addition, the parking of semitractor trailers (whether
standing alone or in combination with a semitractor) on residential lots
except those non-City sewered lots located in A-1 and R-1/A Districts.
PROPOSED CODE:
Section 500.06(6)
The following are declared to be a nuisance affecting public peace and safety:
6. The parking of a truck tractor and/or trailer, or other commercial type
vehicle, excluding pickup trucks or vans in excess of seven (7,000)
thousand pounds gross weight on public property within an area zoned
residential.
7. The parking of truck tractors and/or trailers on residential lots, except
non platted parcels five (5) acres or greater located in a R-1A or A-1
District, unless a conditional use permit has been granted for R-1A and A-
• 1 parcels which are less than five (5) acres in size or platted.
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD &Phone: (612) 441-7420 • Fax: (612) 441-7425
• 8. The idling of a truck tractor in excess of fifteen (15) minutes or greater
shall also be considered a public nuisance.
Proposed Truck Tractor Operations in Residential Areas
Within the Urban R-la & A-1, platted and/or R-la and A-1, non platted
Service Area less than 5 acres and/or 5 acres or greater
Prohibited Conditional Home Permitted Home
Occupation Occupation
Reasons for restricting commercial truck tractor operations in residential
areas include the following:
• reduce commercial truck activity and/or traffic in residential settings
• eliminate noise and odor generated by diesel truck tractors
• protect property values and aesthetics
• reduce wear on residential roadways
(Note: The City of Elk River maintains an organized solid waste program for
many of these reasons.)
RE COMMENDATION:
To protect the sensitive nature of the residential district staff recommends
• approval of the proposed code amendment.
• ORDINANCE 98-
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER
AMENDING SECTION 500.06(6)
OF THE CITY CODE OF ORDINANCES
Case No. OA 98-5
The City Council of the City of Elk River does ordain as follows:
Section 1. Section 500.06(6) of the City of Elk River Code of Ordinances
shall be amended to read as follows:
The following are declared to be a nuisance affecting public peace and safety:
6. The parking of a truck tractor and/or trailer, or other commercial type
vehicle, excluding pickup trucks or vans in excess of seven (7,000)
thousand pounds gross weight on public property within an area zoned
residential. In addition, the parking of semi-tractors and/or trailers on
residential lots shall be prohibited, except on non platted parcels five
• (5) acres or greater located in a R-1A or A-1 District, unless a
conditional use permit has been granted for R-1A and A-1 parcels
which are less than five (5) acres in size or platted. Furthermore, the
excessive idling of a semi tractor in excess of ten (10) minutes or
greater, shall also be considered a public nuisance.
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 , 19 .
Henry A. Duitsman Sandra A. Peine
Mayor City Clerk
•
\\elkriver\sys\shrdoc\document\ordinanc\oa98-5.doc