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4.4. PCSR 07-23-2019Request for Action To Item Number Planning Commission 4.4 Agenda Section Meeting Date Prepared by Public Hearings July 23, 2019 Zack Carlton, Planning Manager Item Description Reviewed by Ordinance Amendment Chris Leeseberg, Senior Planner Reviewed by  Warehouse Uses in the Business Park Zoning District, Case No. OA 19-06 Action Requested Recommend, by motion, no amendments/changes to the warehouse regulations described in the Business Park Zoning District. Background/Discussion On June 3, 2019, City Council directed staff to evaluate a possible ordinance amendment to expand warehousing opportunities in the Business Park (BP) Zoning district. Warehousing is currently allowed as a permitted use, without limits, in the I-1 (Light Industrial), I-2 (Medium Industrial), and I-3 (General Industrial) zoning districts. The BP and certain FAST District subzones allow warehousing as a permitted use when the area dedicated to the use is below 50% of the total building floor area, and as a conditional use for up to 65% of the total building floor area. An applicant could also apply for a variance to exceed the warehousing limit. The current limit to warehousing in the BP district was adopted by the City Council January 22, 2002, and was an increase from 30%. The concerns with the limit at that time, restricted leasing opportunities and desires for more warehousing from the business community, are the same as today. Work Session Discussions The City Council and Planning Commission have both discussed the possible amendment during a work session. The City Council discussed the increasing transition to online sales, reducing the need for storefront and office space and increasing demand for warehousing. They also discussed the goals of the BP district to create jobs in an industrial setting with higher design standards and the concerns of increased truck traffic that may result from increased warehousing. The Planning Commission did not feel it was necessary to amend the ordinance to increase the amount of warehouse space permitted under the current ordinance. The Commission noted that if an increase to the limit is appropriate a zone change to I-1 may be the better option. Allowed uses in both districts are very similar, but the BP was created to include a higher design standard and allow industrial areas closer to commercial and residential areas. Concerns with traffic and loss of job generating businesses were also a concern noted by the Commission. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Financial Impact None Attachments  Land Use and Zoning Maps  Sec. 30- 1295 Business Park District  Sec. 30-1292 I-1 Light Industrial District (a) (1) (2) (b) (1) (2) (3) (4) (5) (6) (7) (c) (1) (2) (3) (4) a. b. c. d. e. f. (5) (6) (d) (1) (2) Sec. 30-1295. - BP business park district. Purpose. The business park district is established to encourage a planned, integrated environment for certain industrial, office, and commercial uses, which are compatible with and complement each other as well as the surrounding land uses. The underlying land use designation within the district may vary and may be either light industrial or highway business. Development within the business park district will correspond with the land use designation. Industrial and office uses are allowed where the land use designation is light industrial, and commercial uses are allowed where the land use designation is highway business. It is the intent of this section that development reflect common themes using compatible architectural design and consistency in signage, landscaping, and lighting. It is also the intent to encourage businesses, which generate a high number of jobs per square foot rather than predominantly warehouse type uses. Permitted uses. Permitted uses in the BP district are as follows: Business offices. Mail order operations. Manufacturing, light. Research and development facilities. Sherburne County Fair. Office/showroom spaces. Warehouse spaces (not exceeding 50 percent of the entire building). Accessory uses. Accessory uses in the BP district are as follows: Cocktail rooms. Massage, therapeutic establishments (when offered within the confines of a medical or chiropractic clinic). Parking lots. Retail sales, provided the following conditions are met: The retail sales activity shall not be located in an administrative office facility, but shall be located within a business, the principal use of which is not commercial sales. The retail sales activity shall not occupy more than 15 percent of the gross floor area, or a maximum of 5,000 square feet of the occupied quarters, whichever is less. The retail sales activity shall be related and subordinate to the principal use. No sign identifying or promoting that retail sales occur within the building shall be visible from outside the building. Freestanding retail shops and stores shall be limited to those which complement other uses within the business park and provide a service to those other businesses, and shall not exceed 20,000 square feet in size. Retail/wholesale sales incidental to products manufactured, assembled, or warehoused on the premises may be permitted as an accessory use provided no more than ten percent of the building is used for retail/wholesale sales. Signs (as permitted in section 30-851 et seq.). Structures, accessory (provided the materials are the same as those of the existing principal structure). Conditional uses. Conditional uses in the BP district are as follows: Brewer taprooms. Government facilities. (3) (4) (5) (6) a. b. c. d. e. f. (7) a. b. c. d. 1. i. a. b. c. ii. a. iii. a. b. (8) (9) (e) (1) a. b. Loading areas/overhead doors when located in front yards. Microbreweries. Microdistilleries. Motor vehicle repair shops, provided that they meet the following conditions: All repair services shall be conducted inside the building. Merchandise shall be stored inside the building. All damaged vehicles stored on the premises shall be stored within an area which is screened by a six- foot high 100 percent opaque fence constructed of factory finished metal or vinyl material. The building shall comply with the material requirements of this section, and 30 percent of any building face and all overhead doors facing any public street shall be constructed of glass material. No sales or display of merchandise outside the building. The building shall be a minimum of 15,000 square feet. Outdoor storage, provided the storage area: Is accessory to a principal permitted or conditional use; and Complies with the accessory structure setback requirement applicable to the property; and Is no larger than 30 percent of the building area; and Includes screening so as to provide a visual barrier. Any such barrier shall reduce visibility in a manner that restricts vision of the object being screened, but is not required to totally block the vision of any such object. Screening shall consist of two or more of the following: A compact evergreen or deciduous hedge or evergreen, overstory and ornamental trees of sufficient width and density; or Hedge material must be at least three feet in height. Deciduous trees must be at least two inches in diameter as measured six inches above the ground. Coniferous trees must be at least six feet in height. An earth berm of sufficient height to provide an effective screen throughout the year; or Earth berms shall not have a slope of more than three feet horizontal to one foot vertical or be located within any street right-of-way unless otherwise approved by the city engineer. A screening fence constructed of one or more of the following materials: Factory finished metal or vinyl panels. Wood. Storage tanks (aboveground). Warehouse space (exceeding 50 percent of the total building floor area up to a maximum of 65 percent). Additional standards. The following additional standards apply in the BP district: Loading spaces and overhead doors. Loading spaces/overhead doors shall be located in designated rear yards and secondarily in designated side yards. Loading areas/overhead doors shall not be located in designated front yards unless approved as a conditional use. Loading spaces and overhead doors shall be designed to be compatible with the principal building. Architectural techniques and landscaping shall be employed to reduce visual impacts from adjacent (2) a. b. (3) a. 1. 2. 3. b. 1. 2. (4) a. b. 1. 2. 3. 4. 5. 6. 7. 8. c. properties and roadways. Dumpsters and refuse enclosures. All dumpsters shall be completely screened from public view by using enclosures constructed of similar material as the principal building. Refuse enclosures shall include gates and be located in designated rear or side yards. Rooftop or ground electrical equipment; signs. All utility equipment shall either be: Screened from the eye level view of adjoining properties by use of exterior walls and/or landscaping; Painted to match or complement the building structures; or Incorporated into an architectural design, as approved by the building and zoning administrator. Notwithstanding the provisions of subdivision II of division 5 of this article, the following requirements regarding signage shall be met: All freestanding signage shall be of a monument style sign and have a maximum size of 64 square feet and height of eight feet. One on-premises business wall sign per occupancy, not to exceed two square feet in sign area for each linear foot of the building frontage up to a maximum of 128 square feet per occupancy, is permitted. Exterior building finishes. It is the intent of the city to promote and encourage high standards of creative architectural design in the business park district. In the business park zoning district, the following are acceptable building materials and finishes: Brick. Natural or cut stone. Integrally colored split face (rock face), burnished, or glazed concrete masonry unit (excluding plain or painted). Integrally colored and exposed aggregate precast concrete panels (excluding single-T or double-T panels, plain, uncolored, or raked finish) or specially designed, cast-in-place concrete. Glass, architectural metal, fiberglass and aluminum, provided such panels are factory fabricated and finished with a durable nonfade surface and their fasteners are of a corrosion-resistant design. Stucco, E.I.F.S., and other cementitious coating. Wood, provided the surfaces are finished for exterior use or wood of proven exterior durability is used, such as cedar, redwood, and/or cypress. Other materials determined as acceptable by the planning department. Major exterior surfaces that are adjacent to any public street, public trail/path, or adjacent residentially zoned properties shall be of one of the acceptable materials and shall be combined with at least 30 percent of one or more acceptable materials, or with 40 percent punched openings, with or without glass (or as much as allowed by the Uniform Building Code, whichever is less), neither of which are to be concentrated in any one location, unless to accentuate a design feature. Major exterior surfaces that are visible from but not adjacent to any public street, public trail/path, or adjacent residentially zoned properties shall be considered transition walls and may have less than the 30 percent combination or less than 40 percent punched openings, but either shall not be reduced to zero percent). Reductions d. e. f. g. h. i. (5) a. b. c. below 20 percent shall require staff approval. Such walls shall be screened from view with additional landscaping. The requirement to have at least 30 percent of one or more acceptable materials shall not apply to the loading dock wall. Major exterior surfaces that are adjacent to any public street, public trail/path, or adjacent residentially zoned properties shall not exceed 160 feet zero inches in length without a minimum four-foot depth change (recesses, protrusions, or a combination thereof), with at least two feet of such change to be in the entire height of the facade. Alternatively, exterior wall surfaces are to be designed with architectural interest through multiple design techniques such as, but not limited to, architectural forms, reveals, textures, cornice detailing, changes in surface planes, color, punched openings and/or changes in parapet elevations. The use of design techniques alone or lower percentage of additional acceptable materials noted in subsection (e)(4)c. of this section shall require site plan review and approval by the city planning commission. The building shall be designed so as to prevent the appearance of straight, unbroken lines in the horizontal and vertical surfaces. Main entrances shall be emphasized with a complementary material which is different from the primary building material. Garage doors shall have a color that matches or coordinates with the building's primary body color. The building shall be designed to screen equipment located on the roof of the building. Alternatively, such equipment shall be located in such a manner so that it cannot be seen from the adjacent public street, public path/trail, or adjacent residentially zoned property at the same elevation of the first floor of the building. Landscaping. Notwithstanding the provisions of subdivision IV of division 5 of this article, the following requirements shall be met: Of the total number of overstory trees required, a minimum of 25 percent shall be ornamental trees and 25 percent shall be conifer trees. A landscaping credit of up to 25 percent may be given to a site plan which contains exterior sculptures, fountains, ponds beyond those required for storm drainage and other site enhancements as approved by the building and zoning administrator. Underground irrigation shall be installed within the front yard and all landscaped areas adjacent to a public right-of-way. (Code 1982, § 900.12(16); Ord. No. 00-11, § 1, 6-19-2000; Ord. No. 00-16, §§ 1—3, 9-18-2000; Ord. No. 01-13, § 1, 8-20-2001; Ord. No. 02-01, § 1, 1-22-2002; Ord. No. 02-04, § 2, 4-15-2002; Ord. No. 04-11, § 1, 7-19-2004; Ord. No. 05-08, § 1, 4-4-2005; Ord. No. 05- 19, § 2, 8-15-2005; Ord. No. 06-04, 3-20-2006; Ord. No. 07-07, § 6, 7-16-2007; Ord. No. 07-11, § 1, 8-20-2007, Ord. No. 07-12, § 1, 8- 20-2007; Ord. No. 09-06, § 3, 7-20-2009; Ord. No. 10-19, § 2, 10-18-2010; Ord. No. 12-11, § 6, 7-16-2012; Ord. No. 12-15, § 1, 10-15- 2012; Ord. No. 15-03, § 8, 1-20-2015; Ord. No. 16-16, § 5, 7-18-2016; Ord. No. 18-03, § 9, 3-19-2018) Editor's note— Ord. No. 18-03, § 9, adopted March 19, 2018, renumbered § 30-1294 as § 30-1295. (a) (b) (1) (2) (3) (4) (5) (c) (1) (2) (3) a. b. c. d. (4) (5) (d) (1) (2) (3) (4) (5) (6) Sec. 30-1292. - I-1 light industrial district. Purpose. The I-1 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 shall be compatible with each other and with surrounding land uses. Permitted uses. Permitted uses in the I-1 district are as follows: Business offices. Manufacturing, light. Research and development facilities. Warehouse spaces. Wholesale businesses. Accessory uses. Accessory uses in the I-1 district are as follows: Cocktail rooms. Parking lots. Retail sales. The retail sales activity is not located in an administrative office facility, but is located within a business, the principal use of which is not commercial sales. The retail sales activity does not occupy more than 15 percent of the gross floor area of the occupied quarters. The retail sales activity is accessory to the principal use. No sign identifying the retail sales is visible from the outside of the building. Signs (as permitted in section 30-851 et seq.). Structures, accessory. Conditional uses. Conditional uses in the I-1 district are as follows: Brewer taprooms. Bus storage. Not to exceed ten buses, unless the property has direct access to an arterial or collector street. Commercial recreational facilities. Dry cleaning establishments. Government facilities. Landscaping contractor yards. (7) (8) (9) (10) (11) a. b. c. d. e. f. g. h. (e) Microbreweries. Motor vehicle, trailer, and/or equipment sales. Outdoor storage (accessory to principal use). Recycling processing centers. Residential, single-family accessory to principal uses, provided that: The nature of the principal use of the property makes it necessary or highly desirable from both the property owner's and the city's perspective to have a 24- hour-a-day caretaker or security person reside on the property. 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. The proposed building unit will be occupied by no more than two persons, neither of whom may be under 18 years of age. There will be only one dwelling unit per lot or, if one principal use is located on several adjoining lots, per principal use. The proposed dwelling unit will not exceed 800 square feet in size and will be located within a building serving the principal use of the property which is no less than 10,000 square feet in size. 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. The proposed dwelling unit meets all other requirements of this Code and Minnesota 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. The conditional use allowing such a dwelling 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 changes or the ownership of either the property or the principal use of the property changes. Architectural standards. No provision of section 30-938 except subsection 30-938(2) pertaining to building finish and subsection 30-938(3) pertaining to roofs applies to this district. (Code 1982, § 900.12(14); Ord. No. 04-003, § 1, 1-20-2004; Ord. No. 05-03, § 1, 1-18-2005; Ord. No. 05-07, § 4, 4-4-2005; Ord. No. 05-08, § 1, 4-4-2005; Ord. No. 07-07, § 5, 7-16-2007; Ord. No. 08-03, §§ 1, 2, 2-19-2008; Ord. No. 09-06, § 3, 7-20-2009; Ord. No. 10-12, § 1, 8-2-2010; Ord. No. 12-11, § 7, 7-16-2012; Ord. No. 15-03, § 6, 1-20-2015; Ord. No. 16-16, § 3, 7-18-2016; Ord. No. 18-03, § 6, 3-19-2018)