6.12. SR 05-16-2005
Item # 6.12
MEMORANDUM
TO:
FROM:
Mayor and City Council
Michele MCPherso~ector of Planning
DATE:
May 16, 2005
SUBJECT:
Discuss Commercial Reserve District
Attachments
. 2004 Land Use Map
· Excerpt from Comprehensive Plan - Land Use Descriptions
· Permitted and Conditional Uses, Ai, Agricultural Conservation and Ria, Single
Family Residential Districts.
Overview
When the Comprehensive Land Use Plan was adopted in August 2004, two land use
designations were identified; Old Town and Commercial Reserve. The Old Town District
relates to the core village area of the City and staff believes that we understand the purpose
and goals of this land use designation and are moving forward with the Planning
Commission on developing a series of official controls to implement that purpose.
Two Commercial Reserve Districts were identified are located along Highway 169 (north)
and Highway 10 (south). The Commercial Reserve District poses a more difficult challenge
in terms of establishing official controls through the Zoning Code. Prior to drafting a new
zoning district and official controls to implement the purpose of the Commercial Reserve
District, it is important for staff to understand the Council's vision for these areas.
Commercial Reserve District
May 16, 2005
Page 2
Analysis
Commercial Reserve North
Commercial Reserve North is located east of Highway 169 and north of County Road 21.
The area is zoned Agricultural Conservation with several parcels having an overlay of
Mineral Excavation. A portion of the property south of the 2131h Avenue alignment will be
rezoned to Ria Single Family on July 1,2005.
Existing uses within this area include farms, a commercial kennel, a commercial landscaping
business, and several gravel mines. The Natural Resources Inventory shows a combination
of woodlands, herbaceous habitat, a small area of open water habitat, and forest areas with
one small area of good quality habitat.
Commercial Reserve South
The southerly Commercial Reserve area is approximately 160 acres in the southeast portion
of the City south of 161 51 Avenue and north of 157th Avenue. This area lies both north and
south of Highway 10 is adjacent to the Kelley Farm, property owned by Cargill, and the
S:\PLANNING\Michele McPherson\CCREPRTS\OS 1605 Commercial Rcscrv.doc
Commercial Reserve District
May 16,2005
Page 3
Renner industrial property. It is currendy vacant and the Natural Resources Inventory
shows litde or no significant vegetation other than planted crop land.
The property is zoned R1a, Single Family Residential (2 !fz acre lot minimum) and 11, Light
Industrial.
Request
Council is asked to share its vision for how these two areas should be allowed to develop,
both in the interim and the long term. Should more commercial be encouraged in these
areas? Should residential uses be eliminated in these areas? Is it the Council's desire that
these areas will be serviced by sewer and water in the future?
Direction from the Council will assist staff in preparing official controls to further guide
development in this land use district.
S:\PLANNING\Michele McPherson\CCREPRTS\OS 1605 Commercial Reserv.doc
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Legend
Future Land U.e Ciltegory
D Rural Residential
~ Umao Residential
.. High Density Residential
rrA Mind Use
_ C1. Town
~ Community Commercial
.. Highway Busil"less
~ Commercial Reserve
.. lighllndustrial
11II Medium Industrial
11II PubliclSemi-Public
.. Open Space
_ Land~1
g}g';Minlng
FI2-,~ Agricultural Research
_ Open Waler
.....' Urban Service Area Boundary 2002
n Elk River Parcel 12_02_02
c::::IPhasing Plan lrom Agriculture to Rural Residential
Figure 5-4
Land Use Plan (2004)
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land Use Descriptions - August 2004
Old Town
The Old Town land use category reflects the unique land use mixture in and around the
Downtown. This area is based on the Central Business District area in the 1995 plan and is
expanded to include areas around the Downtown with related development issues. These
areas include:
· Residential areas between Jackson and Highway 169.
· Mixture of uses between the school campus and Downtown.
· Original Elk River residential neighborhoods surrounding Downtown
The City's revitalization objectives for the current Central Business District will be consistent
with the Comprehensive Plan. A variety of uses fit into the Old Town designation:
community-scale retail, professional services, publici civic uses, park, offices, dining and
entertainment, banking, lodging, and housing. Uses need to be compatible with the
character and scale of the Downtown area.
Old Town is the home for a wide range of housing. The Plan seeks to protect and promote
the maintenance of the single-family neighborhoods. These neighborhoods are an important
part of Elk River's heritage and identity and offer affordable housing options. The majority
of the existing high density housing is located in the Old Town area.
The Old Town designation reflects the need and opportunity for preservation, revitalization,
renovation and redevelopment. Redevelopment should be oriented to housing, commercial
uses and public spaces that support the existing character of the area.
The Old Town area contains a variety of civic features. The School campus forms the north
edge of this area. Lion's Park Center, Elk River Library and Handke School are all important
civic elements of this area. These facilities provide character and attract people into this
area. These facilities build connections with the community and provide market opportunity
for local businesses.
Parks and natural features play an essential role in the plan for Old Town. This area
provides the greatest opportunity for improved access and connection with the Mississippi
River. Lake Orono creates the western boundary for this area. Linkages from Old Town
into the western neighborhoods and civic institutions of western Elk River are important.
Commercial Reserve
This land use identifies areas held in reserve for future commercial development. The only
areas designated for this use lie adajcent to Highway 169 and Highway 10 outside of the
Urban Service Area. These locations are well suited to development for highway business
uses. Municipal utilities are not available to support immediate development in this area.
Also, the Comprehensive Plan seeks to guide development in vacant land already served by
utilities before opening new areas for growth. The reserve status allows planning to facilitate
the desired form of development in the future.
~ 30-1295
ELK RIVER CODE
Sees. 30-1295-30-1310. Reserved.
Subdivision II. Dimensional Regulations
Sec. 30-1311. Principal structures.
Principal structures shall comply with the following dimensional regulations:
Building Setbacks
Minimum
Lot Re-
quire- Front Side
ments (feet) (feet)
1-11 1 acre 30 25
100' width
1_21 1 acre 30 25
100' width
BpI 11/2 acres 35 20
1 Must hook up to city sewer and water if
(Code 1982, ~ 900.18(1))
Garage
Side
(feet)
Maximum
Height
(feet)
40% 45
40% 60
40% 45
20
30
the city sewer district.
Sec. 30-1312. Accessory struct
ply with the following dimensional regulations:
Side Set- Rear Set- Maximum Agricultural
back back Height Fences Buildings
District (feet) (feet) (feet) (feet) (feet)
30 10 10 40 0
30 10 10 60 0
2, ~ 900.18(2))
cs. 30-1313-30-1561. Reserved.
DIVISION 9. OTHER NONOVERLAY
DISTRICTS
Subdivision I. In General
Sec. 30-1562. A-I agricultural conservation
district.
(a) Purpose. The agricultural conservation dis-
trict is established for the purpose of preserving,
promoting, maintaining, and enhancing the use of
land for commercial agricultural purposes, to pre-
vent scattered and leap-frog nonfarm growth, and
Supp. No.6
to protect expenditures for such public services as
roads and road maintenance, and police and fire
protection.
(b) Permitted uses. Permitted uses in the A-I
district are as follows:
(1) Agricultural uses (five-acre minimum lot
size).
(2) Public parks, playgrounds and open space.
(3) Facilities for flood and erosion control.
(4) Horticultural uses.
CD30:142
LAND DEVELOPMENT REGULATIONS
(5) Golf courses and country clubs.
(6) Single-family dwellings.
(7) Model homes in compliance with section
30-800.
(8) Licensed day care facilities for 12 or fewer
children.
(9) Permitted home occupations.
(10) Truck tractor and/or trailer parking (non-
platted parcels five acres in size or greater). _
(11) Open space preservation development plats
(residential clustering).
(c) Accessory uses. Accessory uses in the A-I
district are as follows:
(1) Accessory farm structures.
(2) Public shelters and essential services.
(3) Garages and sheds, including metal-
skinned buildings.
(4) Private recreational facilities.
(5) Private kennels.
(d) Conditional uses. Conditional uses in the
A-I district are as follows:
(1) Commercial recreational facilities.
(2) Campgrounds.
(3) Feedlots.
(4) Institutional uses.
(5) Roadside sales stands.
(6) Veterinary clinics and commercial ken-
nels.
(7) Cemeteries and memorial gardens.
(8) Conditional home occupations.
(9) Airports.
(10) Governmental buildings and facilities.
(11) Temporary mobile homes consistent with
subdivision I of division 5 of this article.
Supp. No.6
CD30:14
~ 30-1562
(12) Licensed day care facilities for 13 or morl
children in institutional buildings.
(13) Agricultural uses (less than five-acre 101
size).
(14) Truck tractor and/or trailer parking (plat-
ted parcels or parcels less than five acres
in size).
(15) Wind generators.
(16) Cooperative gardening in preserved open
space.
(17) Horticulture and floriculture services in
preserved open space.
(18) Private stables in preserved open space.
(19) Wayside stands in preserved open space.
(20) Landscaping contractors yard provided
that:
a. The use is on unplatted property.
b. Screening of outdoor storage areas is
provided if the outdoor storage area
is within 50 feet of a property line.
(21) Cemetenes minimum lot size four acres.
(Code 1982, ~ 900.12(4); Ord. No. 99-32,
~ 2(900. 12(4)(A), (4)(C)), 11-15-1999; Ord. No.
01-01, ~ 2, 1-16-2001; Ord. No. 03-16, ~ 2, 10-20-
2003)
Sec. 30-1563. PF public facilities dist' .
(a) Purpose. The purpose of the PF
to allow certain public infrastructur
district.
(b) Permitted uses. Permit
district are as follows:
(1) Schools, public.
(2) Water suppl roduction and distribution
facilities.
uses. Accessory uses in the PF
follows:
( Conditional uses. Conditional uses in the
district are as follows:
None.
Supp. No.4
CD3
~ 30-991
ELK RIVER CODE
(3) R-lb district. This district is intended
provide land for attractive and dive e
low density single-family residential e-
velopment, and to primarily contai de-
tached low density single-family re den-
tial developments and low density p. nned
unit development. Subdivisions ilizing
on-site sewage disposal systems nd pri-
vate water wells cannot exceed e single-
family residence per gross acr Construc-
tion of on-site sewage disp al systems
shall not be permitted on joining lots.
Streets and other improv ents may be
temporary in nature as proved by the
city council.
(4) R-lc district. This dis ct is intended to
provide single-family esidences in areas
with full municipal ublic sanitary sew-
ers, storm sewers, a d municipal water in
areas that are a c tinuation of existing
residential devel ment patterns and the
infilling of exi ng lots in established
areas.
(5) R-ld district. his district is intended to
provide sin -family residential districts
with larger. ots and higher quality hous-
ing types n areas with full municipal
public se ers, storm sewers, and munici-
pal wat in areas that possess significant
natur features, including vegetation,
wetla ds, and topographic features. This
dist t is intended to encourage the de-
si of subdivisions that protect natural
fe ures while providing high quality hous-
i sites.
(b) Permitted uses. Permitted uses in the R-1
districts are as follows:
(1) Single-family dwellings per section 30-
799.
(2) Licensed day care facilities for 12 or fewer
children.
(3) Model homes in compliance with section
30-800.
(4) Agricultural uses in the R-1a district (more
than five-acre lot size).
(5) Public parks, playgrounds and open space.
Supp. No.6
(6) Permitted home occupations.
(7) Truck tractor and/or trailer parking
(nonplatted parcels five acres in size or
greater within the R-1a district).
(8) State-licensed residential facilities or hous-
ing with services establishments regis-
tered under Minn. Stats. ch. 144D serving
six or fewer persons, licensed day care
facilities serving 12 or fewer persons and
group family day care facilities licensed
under Minnesota Rules, parts 9502.0315
to 9502.0445, to serve 14 or fewer chil-.
dren, except that a residential facility
whose primary purpose is to treat juve-
niles who have violated criminal statutes
relating to sex offenses or have been ad-
judicated delinquent on the basis of con-
duct in violation of criminal statutes re-
lating to sex offenses shall not be a
permitted use.
State law reference-Similar provisions, Minn.
Stats. ~ 462.357, subd. 7.
(9) Open space preservation development plats
within the R-1a district (residential clus-
tering).
(10) Towers less than 60 feet in height.
(11) Governmental offices.
(c) Accessory uses. Accessory uses in the R-1
districts are as follows:
(1) Accessory farm structures.
(2) Public shelters and essential services.
(3) Garages and sheds, including metal-
skinned buildings in R-1a districts.
(4) Private recreational facilities.
(5) Signs as permitted in section 30-851 et
seq.
(d) Conditional uses. Conditional uses in the
R-1 districts are as follows:
(1) Conditional home occupations. "
(2) Fairground facilities.
(3) Golf courses and country clubs.
(4) Governmental buildings and facilities.
CD30: 118
LAND DEVELOPMENT REGULATIONS
(5) Temporary mobile homes used as a resi-
dence.
(6) Institutional uses.
(7) Licensed day care facilities in institu-
tional buildings.
(8) Agricultural uses in the R-la district (less
than five-acre lot size).
(9) Agricultural uses in R-lb, R-lc, and R-ld
districts (five-acre minimum lot size).
(10) Feedlots in the R-la district.
(11) Commercial kennels in the R-la district.
(12) Private kennels in the R~la district.
(13) Truck tractor and/or trailer parking (plat-
ted parcels or parcels less than five acres
in size within the R-la district).
(14) Cooperative gardening in preserved open
space.
(15) Horticulture and floriculture services in
preserved open space.
(16) Private stables in preserved open space.
(17) Wayside stands in preserved open space.
(18) Therapeutic massage and sauna establish-
ments operated asa home occupation.
(19) Cemeteries minimum lot size four acres.
(Code 1982, ~ 900.12(5); Ord. No. 99-32,
~ 3(900.12(5)(A), (5)(C)), 11-15-1999; Ord. No,
01-05, ~ 2, 4-16-2001; Ord. No. 03-16, ~ 1, 10-20-
2003; Ord. No. 04-13, ~ 2, 8-27-2004)
Sec. 30-992. R-2a district.
(a) Purpose. The R-2a district is intende 0
create low density housing areas as a tr tion
between single-family housing and high ensity
residential housing.
(b) Permitted uses. Permitte
district are as f611ows:
(1) Single-family dw ngs.
(2) Two-family ellings.
(3) State-lic sed residential facilities or hous-
ing services establishments regis-
te under Minn. Stats, ch. 144D serving
or fewer persons, licensed day care
Supp. Nd. 6
~ 30-992
facilities serving 12 or fewer persons and
group family day care facilities licensed
under Minnesota Rules, parts 9502.0315
to 9502.0445, to serve 14 or fewer il-
dren, except that a residential f: ility
whose primary purpose is to trea juve-
niles who have violated criminal s atutes
relating to sex offenses or have en ad-
judicated delinquent on the bas' of con-
duct in violation of criminal stutes re-
lating to sex offenses shall not be a
permitted use.
State law reference-Similar p visions, Minn.
Stats. ~ 462.357, subd. 7.
(4) Model homes in complian
30-800.
(5) Public parks, playgroun
(6) Permitted home occu ations in single-
family dwellings.
(c) Accessory uses Access ry uses in the R-2a
district are as follows:
(1) Public shelters a essential services.
(2)
(3)
(4) 'tted in section 30-851 et
ses. Conditional uses in the
follows:
(1) Conditio al home occupations in single-
family ellings.
(2) Metal kinned buildings.
(3)
(4) Go mmental buildings and facilities.
(5) L' ensed day care facilities with 13 or
ore children in institutional buildings.
ero lot line development.
Manufactured home parks as defined in
Minn. Stats. ~ 327:14, subd. 3.
State law referende-Similar provisions, Minn.
Stats. ~ 462.357, subd. lb.
(Code 1982, ~ 900.12(6); Ord. No. 04-13, ~ 3,
8-27-2004)
CD30: 119