Item 5.2 Item # 5.2
•
J
City of
Elk
River
MEMORANDUM
TO: Planning Commission
FROM: Michele McPherso , Director of Planning
DATE: December 18, 2001
SUBJECT: Case No. OA 01-09
Request by the City of Elk River to Amend Business Park
District Permitted and Conditional Uses
Attachments
❑ City of Plymouth Zoning Code Excerpt
❑ City of Brooklyn Park Zoning Code Excerpt
III u City of Eden Prairie Zoning Code Excerpt
❑ October 23, 2001 Staff Memo
Analysis
At the October 23rd Planning Commission meeting,the Commission tabled action on the ordinance
amendment and directed staff to research other cities'ordinances and to solicit comment from key
industrial brokers.
Staff reviewed a number of cities'ordinances and while some cities have a business park district similar to
the City of Elk River's, no city really limited the amount of warehouse space. Instead,uses were
differentiated between zoning districts;for example,trucking terminals that are primarily warehouse were
typically found in heavy industrial districts while light industrial and business park districts allowed
manufacturing and warehousing as permitted uses.
Staff received no comment from the industrial brokers.
Recommendation
Staff's original recommendation was to amend the district to allow 50 percent warehousing with up to 65
percent allowed with a conditional use permit. The Economic Development Authority,which includes 4
Council members in its composition, indicated no concerns with this proposed language.
Staff recommends that the Planning Commission recommend approval of the proposed language to the
III City Council.
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SECTION 21560 -I-1, LIGHT INDUSTRIAL DISTRICT
21560.01. PURPOSE: The purpose of the I-1, Light Industrial District is to provide for the
establishment of warehousing and light industrial development. The overall character of the I-1
District is intended to have low impact manufacturing/warehouse character. Industrial uses allowed in
this district shall be limited to those which can compatibly exist adjacent to both lower intensity
business uses and high intensity manufacturing uses and which have limited amounts of truck traffic
in comparison to higher intensity industrial districts. Because I-1 areas may abut residential
neighborhoods, I-1 uses are regulated in height, lot coverage, setbacks, landscaping, loading and use
type, so as to facilitate compatibility between these uses and residential development.
21560.03. PERMITTED USES: The following are permitted uses within an I-1 District:
Subd. 1. Manufacturing or assembly of a wide variety of products that produces no exterior noise,
glare, fumes, obnoxious products, byproducts or wastes, or creates other objectionable impact on the
environment. Examples of such uses are:
• (a) Fabrication or assembly of small products such as optical, electronic, pharmaceutical,
medical supplies and equipment.
(b) Printing and publishing.
Subd. 2. Automobile repair, major.
Subd.3. Contractor operations.
Subd. 4. Essential services and structures, except those requiring administrative permits or
conditional use permits pursuant to Section 21160 of this Chapter.
Subd. 5. Governmental and public utility (essential service) buildings and structures, including
public works type facilities.
Subd. 6. Laboratories.
Subd. 7. Machine shops.
Subd. 8. Mini-storage.
Subd. 9. Offices related to other allowed uses (limited to fifty (50)percent of the principle structure).
Subd. 10. Parks, trails, playground and directly related buildings and structures, City of Plymouth
• only.
Subd. 11 Radio and television stations.
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Subd. 12. Sexually oriented businesses,principal and accessory.
IIISubd. 13. Therapeutic massage, if there are medical, dental or chiropractic offices or clinics as legal
non-conforming uses on the premises.
Subd. 14 Trade schools.
Subd. 15. Warehousing and indoor storage excluding explosives and hazardous waste.
Subd. 16. Wholesale showrooms.
(Amended by Ord. No. 98-25, 08/05/98) (Amended by Ord. No. 2001-16, 06/12/01)
21560.05. ACCESSORY USES: The following are permitted accessory uses within an I-1 District:
Subd. 1. All permitted accessory uses as allowed in a B-C District.
21560.07. CONDITIONAL USES: The following are conditional uses in an I-1 District and require
a conditional use permit based upon procedures set forth in and regulated by Section 21015 of this
Chapter. Additionally, besides the specific standards and criteria which may be cited below for
respective conditional uses, each request for a conditional use permit shall be evaluated based upon
• the standards and criteria set forth in Sections 21015.02, Subd. 5 and 21015.04 of this Chapter.
Subd. 1. Accessory, enclosed retail, rental, or service activity other than that allowed as a permitted
use or conditional use within this Section, provided that:
(a) Such use is allowed as a permitted use in a business district.
(b) Such use does not constitute more than twenty-five (25) percent of the gross floor
area of the principal building.
Subd. 2. Buildings in excess of height limitations as specified in Section 21560.13 provided that:
(a) For each additional five (5) feet in roof height as calculated by the Minnesota State
Building Code, which is above the maximum building height allowed by Section
21560.13 of this Chapter, front and side yard setback requirements shall be increased by
one (1) foot.
(b) The construction does not limit solar access to abutting and/or neighboring
properties.
Subd. 3. Commercial and professional offices within the principal structure in excess of that which is
allowed in this district or as a freestanding principal use.
Subd. 4. Commercial and public radio and television transmitting antennas, and public utility
• microwave antennas, as regulated by Section 21175 of this Chapter.
Subd. 5. Commercial, private and public satellite dish transmitting or receiving antennas in excess of
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two (2) meters in diameter, as regulated by Section 21175 of this Chapter.
0 Subd. 6. Commercial recreation, indoor.
Subd. 7. Day care facilities, accessory provided that:
(a) The use complies with Section 21150 of this Chapter.
Subd. 8. Essential services and structures requiring a conditional use permit pursuant to
Section 21160 of this Chapter.
Subd. 9. Minor automobile repair; servicing of motor freight vehicles and heavy construction
equipment; directly related accessory materials and parts sales for such repair and servicing (not
including new or used vehicle sales); and accessory materials and parts warehousing which is related
to and dependent upon such uses provided that:
(a) All servicing of vehicles and equipment shall occur entirely within the principal
structure.
(b) To the extent required by State law and regulations, painting shall be conducted in an
approved paint booth, which thoroughly controls the emission of fumes, dust, or other
particulated matter.
(c) Storage and use of all flammable materials, including liquid and rags, shall conform
with applicable provisions of the Minnesota Uniform Fire Code.
• (d) Parking, driveway, and circulation standards and requirements shall be subject to the
review and approval of the City and shall be based upon the specific needs of the
operation and shall accommodate large vehicle equipment and semi-trailer/tractor trucks.
(e) The storage of damaged vehicles and vehicle parts and accessory equipment must be
completely inside a principal or accessory building.
(f) The sale of products other than those specifically mentioned in this Section shall be
subject to a separate conditional use permit.
Subd. 10. Outside storage as a principal or accessory use when abutting a residential district provided
that:
(a) Storage area is blacktop or concrete surfaced unless specifically approved by the City
Council.
(b) The storage area does not take up parking space or loading space as required for
conformity to this Chapter.
a. All requirements of Section 21105.11 are met.
Subd. 11. Open or outdoor service, sale and rental as a principal or accessory uses, provided that:
• (a) The use does not take up parking space as required for conformity to this Chapter.
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Brooklyn Park, MN Code of Ordinances
• TITLE XV: LAND USAGE
CHAPTER 152: ZONING CODE
§ 152.342 PERMITTED AND CONDITIONAL USES.
Permitted and conditional uses for each business district are defined in the following table:
Figure 152.342.01 Uses in Business Districts
"P"=Permitted Use "C"=Conditional Use "Blank"=Not Permitted
Principle Use B-1 B-2 B-3 B-4 BP I
Assembly halls,convention halls,clubs and lodge halls CCCC
Bars,taverns,and the like C C
Bus or truck storage or service shops,including fuel stations C
Business,trade,or non-academic colleges operated for profit PPP P
Care centers,convalescent homes,hospitals,veterinary clinics,and assisted living facilities CCCC
Commercial indoor recreational facilities C C C C
Commercial outdoor recreational facilities C C C
Concrete or asphalt mixing plants,concrete block fabrication,or builders'or contractors'yards, C
brick yards,and accessory sale of dirt,sand,gravel,rock,concrete blocks,bricks,etc.
Daycare facilities,licensed PPP P P P
Fabrication or assembly of heavy equipment or vehicles C
Funeral homes P P P
Helicopter pad/landing site C
Hotels and motels C C C C
Manufacture,assembly,processing,fabricating and accessory sale of the product produced on P P
site,except those uses further restricted in this ordinance.
Multiple pnncipal structures on a single lot CCCC C C
Offices,banks or clinics PPP P P P
Public and quasi-public facilities CCCC C C
Religious institutions,in compliance with§§152.180 through 152.182 PPP P P P
Restaurants,Class 1,in compliance with§152 033 P P P P
Restaurants,Class II C C C C
Restaurants,Club C C C
Sales and Service
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All structures for retail or service businesses with 25,000 square feet or less,excluding P P P C C
those mentioned elsewhere in this section
All structures for retail or service businesses with between 25,000 and 50,000 square feet, C P P
excluding those mentioned elsewhere in this section
All structures for retail or service businesses with 50,000 square feet or more,excluding C C C
those mentioned elsewhere in this section
Auto oriented repair services C C C C
Carwashes C C C
Currency exchanges and pawnshops in compliance with§152 344 C
Fuel Stations C C C C C
Heavy equipment,machinery and farm vehicle sales,contractors yards,bulk firewood sales, P
and gravel and rock sales
Sexually oriented businesses in compliance with§152.343 P
Showrooms and sales of automobiles,trucks and recreational vehicles and equipment and C
the like in compliance with§152.344
Self-service storage facility C C C C
Stone,marble or granite grinding and cutting C
Theaters,excluding drive-ins C C C
Transient sales,in compliance with§152 344 C
Truck or motor freight terminal C
• Townhouses in compliance with§§152.200 through 152.293 C C C
Vehicle impound yards C
Warehousing P P
(Ord. 2000-936; Am. Ord. 2001-952, passed 5-14-01)
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Brooklyn Park, MN Code of Ordinances
TITLE XV: LAND USAGE
CHAPTER 152: ZONING CODE
§ 152.361 ACCESSORY USES.
The following table provides a listing of accessory uses permitted in each commercial district.
Other similar uses may be reviewed by the City Manager. These uses may be further regulated in §
152.362:
Figure 152.361.01 Accessory Uses in Business Districts
"P"=Permitted Use "C"=Conditional Use "Blank"=Not Permitted
Accessory Use B-1 B-2 B-3 B-4 BP I
Antennas,satellite dishes and the like as regulated by§§152 090 through 152 096 P P P P P P
Buildings temporarily located for purposes of construction on the premises for a period P P P P P P
not to extend beyond the issuance of a certificate of occupancy or the end of
construction
Car wash(automatic)when accessory to a fuel station in compliance with§152 362 C C C C
Gas tanks(above ground)for propane,liquid nitrogen,etc.(excludes motor vehicle P P P P P
fuel)when fully screened or located out of public view
Music(outdoor live or amplified music)in compliance with§152 362 C C C
Off-street loading docks in compliance with§§152.140 through 152 146 P P P P P P
•
Outdoor sales,display,and storage in compliance with§152.362 C C C
Parking/storage(outside)of vehicles licensed to the business and under 9,000 lbs.in P P P P P P
compliance with§§152 140 through 152.146
Parking/storage(outside)of vehicles licensed to the business and equal to or over C
9,000 lbs.in compliance with§§152.140 through 152.146
Repair of vehicles when accessory to a vehicle sales business in conformance with§§ C
152.340 through 152.345
Restaurants,Class 1,in compliance with§152 033 P P P P
Restaurants,Class II C C C C
Restaurants,Clubs C C C
Retail and service businesses as regulated by§152 362 P P P P
Seasonal(temporary)greenhouses and garden centers in compliance with§152 362(C) P P
Seasonal sales(temporary)of Christmas trees P P
Signs as regulated by Chapter 150 of the City Code P P P P P P
Structures designed to house environmental monitoring equipment C C C C C C
Telecommunication towers as regulated in§§152 090 through 152.096 C C C C C C
Transient sales,in compliance with§152 344 C
Vending,food,beverage and ice in compliance with§152.362 P P P
• Warehousing,incidental repair,or processing necessary to conduct a permitted P P P P
principal use,but not to exceed 30%of the floor space of the principal building and
conducted within the principal building
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Warehousing,incidental repair,or processing necessary to conduct a permitted P P
principal use when conducted within the principal building
Waste and recycling storage as regulated in§§98.01 through 98.16 of the City Code P P P P
• and§§152.290 through 152.293
(2000-936; Am. Ord. 2001-952, passed 5-14-01)
•
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Eden Prairie
SECTION 11.03. ESTABLISHMENT OF DISTRICT, SPECIAL REQUIREMENTS AND PERFORMANCE
STANDARDS.
Source: City Code
Effective Date: 9-17-82
Subd.1. Establishment of Districts.
A. The following Districts,with the abbreviations stated,are hereby established. (Some Districts are subdivided
for the purpose of this Chapter,in which case,only the abbreviations of such subdivisions may be shown.)
DISTRICT TITLE ABBREVIATION
Rural District R
One-Family Residential District R-1
R1-44
R1-22
R1-13.5
R1-9.5
Multi-Family Residential District RM
RM-6.5
RM-2.5
Office District OFC
Commercial District C
Neighborhood Commercial District N-Corn
Community Commercial District C-Corn
Regional Commercial District C-Reg
Regional Service District C-Reg-Ser
Highway Commercial District C-Hwy
Industrial District I
Industrial Park District 1-2
Industrial Park District I-5
General Industrial District I-Gen
Public District PUB
(Prey.Ordinance No. 1-90 Prey.Ordinance No. 137-84
Effective Date: 2-1-90) Effective Date: 1-17-85
B. The location and boundaries of the Districts established in this ordinance are set forth on the zoning map
entitled"Zoning Map of the City of Eden Prairie"and the legal description of the land in each District and
the zoning map are on file and open to public inspection in the office of the City Manager. In case of
discrepancy between legal description and zoning map,the legal description will prevail.
C. For ease of reference ordinances changing District zoning between November 6, 1969,and April 3, 1984,are set
forth in City Code Chapter 25.
Source: Ordinance No.9-87
Effective Date: 5-7-87
Subd.2. District Standards.
A. The following criteria shall apply to certain Districts:
1. In the RM 6.5 District,the maximum gross density is 6.7 units per acre.
• 11-12
• Effective Date:9-17-82
E Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06.
Source:Ordinance No.27-97
Effective Date:6-13-97
Subd.3. Required Conditions.
A. Acceptable,approved sanitary sewer service must be provided to all occupied structures and uses.
B. Zoning requests will be considered only on the basis of a Comprehensive Guide Plan for the entire area to be
zoned and specific plans for initial structures and site development.
(Sections 11.26 through 11.29,inclusive,reserved for future expansion.)
SECTION 11.30. I-INDUSTRIAL DISTRICTS.
Subd.1. Purposes.The purposes of the I-Industrial District are to:(1)Reserve appropriately located area for industrial
and related activities;(2)Protect areas appropriate for industrial use from intrusion by inharmonious uses;(3)Protect
residential and commercial properties and protect nuisance-free,non-hazardous,industrial uses from noise,odor,insect
nuisance,dust,dirt,smoke,vibration,heat and cold,glare,truck and rail traffic,and other objectionable influences,and
from fire, explosion, noxious fumes, radiation, and other hazards incidental to certain industrial uses; (4) Provide
opportunities for certain types of industrial plants to concentrate in mutually beneficial relationship to each other;(5)
Provide adequate space to meet the needs of modern industrial development including off-street parking and truck
101 loading areas and landscaping;(6)Provide sufficient open space around industrial structures to protect them from the
hazards of fire and minimize the impact of industrial plants on nearby uses;(7)Minimize traffic congestion and avoid the
over-loading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land
around them;and,(8)Permit and reserve areas for employment activity and service to the public which do not materially
detract from nearby industrial uses.
A. Special Purposes of Industrial Park Districts.
1. To establish and maintain high standards of site planning,architecture,and landscape design that will
create an environment attractive to the most discriminating industries and research and development
establishments seeking sites in the Metropolitan area.
2. Provide and ensure the continuity of locations for industries that can operate on small sites with
minimum mutual adverse impact.
B. Special Purpose of the I-GEN General Industrial District. To provide locations where industries that desire larger
sites and outside storage can operate with minimum restriction and without adverse effect on other uses.
Subd.2. Permitted Uses.
A. Manufacturing,warehousing,wholesale,distribution,processing,packaging,assembling,compounding,and
accessory uses,conducted within a building.
B. Office Uses.
C. Public facilities and services.
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