Loading...
7.3. EDSR 08-19-2019 Request for Action To Item Number Economic Development Authority 7.3 Agenda Section Meeting Date Prepared by General Business August 19, 2019 Amanda Othoudt, ED Director Item Description Reviewed by Warehouse Uses in the Business Park Zoning Zack Carlton, Planning Manager District Reviewed by Cal Portner, City Administrator Action Requested Provide a recommendation to the council for consideration. Background/Discussion On July 23, 2019, the Planning Commission reviewed an ordinance amendment that would have increased the amount of warehouse space allowed in the Business Park Zoning District. The Commission unanimously recommended no changes to the ordinance as the remaining industrial districts (I-1, I-2, & I-3) already permit warehousing without limitations and felt that the intent of the Business Park district did not include buildings completely dedicated to warehousing. Additional information regarding the proposed amendment and history of the use in the Business Park District is attached. The EDA has an opportunity to review any proposed amendments and provide a recommendation to the Council for consideration later this evening. Financial Impact N/A Attachments  Planning Commission Packet - July 23, 2019  Planning Commission Packet - June 25, 2019 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To ItemNumber Planning Commission 4.4 Agenda Section Meeting Date Preparedby Public Hearings July23, 2019 ZackCarlton, Planning Manager ItemDescription Reviewedby OrdinanceAmendment ChrisLeeseberg, SeniorPlanner ReviewedbyWarehouseUsesintheBusinessParkZoning District, CaseNo. OA19-06 ActionRequested Recommend, bymotion, noamendments/changes tothewarehouseregulationsdescribed inthe Business ParkZoningDistrict. Background/Discussion OnJune3, 2019, CityCouncil directedstafftoevaluate a possibleordinance amendmenttoexpand warehousing opportunities intheBusiness Park (BP) Zoningdistrict. Warehousingiscurrentlyallowed asapermitted use, withoutlimits, inthe I-1 (LightIndustrial), I-2 MediumIndustrial), andI-3 (General Industrial) zoningdistricts. TheBPand certainFAST District subzones allowwarehousingasapermitted usewhentheareadedicated to theuseisbelow50% ofthe totalbuilding floorarea, andasaconditionaluseforupto65% ofthetotalbuildingfloor area. An applicant could also applyforavariance toexceed thewarehousing limit. The current limit towarehousingin theBPdistrictwasadoptedbytheCity CouncilJanuary 22, 2002, and wasanincrease from 30%. Theconcerns withthelimitat thattime, restricted leasingopportunities and desiresformore warehousing fromthebusinesscommunity, arethe sameastoday. WorkSession Discussions TheCityCouncilandPlanningCommission havebothdiscussed thepossibleamendment duringawork session. TheCityCouncil discussed theincreasing transition to onlinesales, reducingtheneedfor storefront andofficespace andincreasing demand forwarehousing. They alsodiscussed thegoalsofthe BPdistrict tocreate jobs inanindustrial settingwith higherdesignstandards andtheconcerns of increasedtrucktrafficthat mayresult fromincreasedwarehousing. ThePlanning Commission didnotfeelitwasnecessary toamend theordinance toincrease theamount ofwarehouse spacepermitted underthecurrent ordinance. The Commission notedthatifanincrease to thelimitisappropriateazonechange toI-1maybethebetteroption. Allowed usesinbothdistrictsare verysimilar, but the BP wascreated toincludeahigherdesignstandardandallowindustrial areas closer tocommercial andresidential areas. Concernswithtrafficandlossofjobgenerating businesseswerealso aconcernnotedbytheCommission. The ElkRiver Vision Awelcomingcommunity withrevolutionary andspirited resourcefulness, exceptional service, andcommunity engagement thatencourages andinspires prosperity FinancialImpact None Attachments LandUseandZoning Maps Sec. 30- 1295Business ParkDistrict Sec. 30-1292I-1LightIndustrial 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) Request for Action To ItemNumber Planning Commission 7.2 Agenda Section Meeting Date Preparedby WorkSession June 25, 2019 ZackCarlton, Planning Manager ItemDescription Reviewedby WarehouseUsesintheBusiness Park Zoning ChrisLeeseberg, SeniorPlanner District, CaseNo. OA19-06 Reviewedby ActionRequested Discuss aproposed ordinance amendment toexpand warehousing opportunities intheBusiness Park zoningdistrict. Background/Discussion The CityCouncil, afterhavingreceivedarequestfrom aproperty owner, hasdirected citystafftoreview apossible ordinance amendmentthatwouldexpandwarehousing opportunities intheBusiness Park (BP) ZoningDistrict. Warehousingiscurrentlyallowed asapermitted usewithout sizelimits intheI-1 (LightIndustrial), I-2 MediumIndustrial), andI-3 (General Industrial) zoningdistricts. TheBPand certainFAST District subzones allowwarehousingasapermitted usewhentheareadedicated to theuseisbelow50% ofthe totalbuilding floorarea, andasaconditionaluseforupto65% ofthetotal buildingfloor area. Thecurrent warehouse limitfortheBPdistrict wasadoptedbytheCityCouncil January22, 2002, and wasanincrease from 30%. Theconcerns withthelimitat thattime, restricted leasingopportunities and desiresformorewarehousing fromthebusiness community, arethesame astoday. TheCityCouncil discussed theincreasing transition toonlinesales, reducingtheneedforstorefront andofficespace and increasingdemandforwarehousing. They alsodiscussed thegoalsoftheBPdistrict to createjobsinan industrial setting withhigherdesignstandards andtheconcerns ofincreased trucktrafficthatmayresult fromincreasedwarehousing. Please consider thepros andcons ofa possibleordinanceamendment andwhat increase tothe warehousing limitmaybeappropriate. FinancialImpact N/A Attachments Planning Commission andCouncilMinutesHistory January 22, 2002, StaffReportto Council The ElkRiver Vision Awelcomingcommunity withrevolutionary andspirited resourcefulness, exceptional service, andcommunity engagement thatencourages andinspires prosperity Planning Commission Minutes October 23, 2001 Page 11 Chair Pederson stated that he felt some level of finishing is needed for the showroom space. He stated he would not support the ordinance amendment at this time. He suggested looking at what other cities are doing regarding office/warehouse space, such as Minnetonka, Plymouth, the Carlson Complex along 494, or Champlin for some comparison. Chair Pederson stated that he felt it was important to look at the amount of warehouse space that is actually needed, and whether or not this is an appropriate use in a business park. COMMISSIONER BAKER MOVED TO TABLE THE REQUEST BY THE CITY OF ELK RIVER FOR AN AMENDMENT TO THE BUSINESS PARK DISTRICT STANDARDS, CASE NO. OA 01-09. COMMISSIONER FRANZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.7. Request by the City of Elk River to amend the Comprehensive Plan to Include Certain Property in the Urban Service District Scott Harlicker stated that the City of Elk River requests an amendment to the Comprehensive Plan to include approximately 80 acres located on the south side of 175th Avenue and east of Twin Lakes Road in the Urban Service District. Mr. Harlicker explained this request prompted by discussions during the review of the Klein property for extension of water and sewer. Mr. Harlicker reviewed the existing conditions, current zoning and land uses, and proximity of the area to the current Urban Service District. Staff recommends approval of the land use amendment based on the findings listed in the staff report. Chair Pederson opened the public hearing. Jerri Graham, 17451 Tyler Street, asked that the Planning Commission recommend denial of the request. She felt that the 8 properties are well-established and that there was no documentation made available to them when they purchased their property that the zoning would be changed. Ms. Graham stated that the character of the neighborhood is somewhat a nature" oasis" and made a better gateway to Elk River than high density. She stated that the school district cannot keep up with the higher density that keeps coming. She felt that the Commission has an opportunity to slow down growth. Ms. Graham stated that the properties in question were not developed with future subdivision in mind and many have livestock. Ijaz Osman, 10616 175th Avenue, stated that feels like he is stuck and that he has no control over what is being decided for his property. He stated that he did not wish to move but if his property is included in the Urban Service District, he will be forced to sell. Mr. Osman asked what is happening with the North Star Corridor project. Mr. Harlicker explained that proposal for federal funding was approved, and that they will be going to the state for funding this year. Mr. Osman stated that he felt if Cargill has no plans for development, that this area should be able to remain rural, as well. He felt this is an example of where "City and Country Flow Together" as the City's motto states. There being no further public comment, Chair Pederson closed the public hearing. Commissioner Baker asked what it will mean to the property owners to bring the property into the Urban Service District at this time. Mr. Harlicker stated that it would mean water and sewer would be made available and the property owners would be assessed. Terry Maurer eXplained that if the City Council approved including the property in the Urban Service District, they would likely establish a time frame such as the 2007 date was set for Planning Commission Minutes December 18, 2001 Page 2 Commissioner Baker stated he did not have a problem with the request. Chair Pederson stated he also did not feel that significant screening was required and that 3 foot trees would be adequate. COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY BART BOESE FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION, AND OUTDOOR STORAGE OF EQUIPMENT RELATED TO THE BUSINESS, CASE NO. CU 01-38, WITH THE FOLLOWING CONDITIONS: 1. PROVIDE AN IMPROVED SURFACE, SUCH AS CLASS-5, ASPHALT OR CONCRETE, FOR THE OUTDOOR STORAGE AREA. 2. IF MORE THAN 3 PIECES OF EQUIPMENT, ASIDE FROM THE TRUCK AND TRAILER, ARE TO BE STORED OUTSIDE, THE APPUCANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 3. PROVIDE ADDITIONAL SCREENING BY PLANTING 3-FOOT TALL CONIFEROUS TREES, AT 15 FEET ON CENTER, ALONG THE NORTH PROPERTY UNE FROM THE FRONT OF THE HOUSE TO THE REAR UNE OF THE POLE SHED. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2.Request by City of Elk River for an amendment to the Zoning Ordinance Section 900.12(16) Business Park District, relating to warehouse space, Public Hearing - Case No. OA 01-09 Staff report by Michele McPherson. Ms. McPherson reviewed the proposed ordinance amendment which was reviewed by the Commission at their October 23rd meeting. She noted that the Commission directed staff to research other cities' ordinance and to solicit comment from key industrial brokers. Staff received no comment from the industrial brokers. In reviewing information from other cities, staff found that no city limited the amount of warehouse space. Trucking terminals that are primarily warehouse uses were found in heavy industrial zoning districts, while light industrial and business park districts allowed manufacturing and warehousing as permitted uses. Ms. McPherson stated that the EDA has no concerns with the ordinance amendment, and staff recommends approval of the proposed language. Chair Pederson opened the public hearing. Rick Martens, Brookstone, Inc. , stated that he does not intend to build pure distribution warehouse and that the City's ordinance prohibits truck terminals in business park districts. He felt the City's recently-adopted business park building standards will prevent the City from getting the types of businesses they do not want. Mark Huus, AmCon representative, reviewed photographs of office/warehouse, office/showroom, manufacturing and distribution buildings which AmCon has constructed in the Twin Cities area. He felt that the Commission would agree that these are attractive Planning Commission Minutes December 18, 2001 Page 3 buildings. Mr. Huus eXplained that many of these buildings would not be allowed by the City's ordinance, or would at least require a conditional use permit, due to the amount of warehouse space. Jeff Gongoll, President of the Economic Development Authority, felt the ordinance amendment proposed is a good compromise and that it supports the EDA's mission statement to provide jobs and tax base for the City. He felt the ordinance provides the mechanism to market and promote the City of Elk River and asked that the Commission support staff's recommendation for approval. There being no further public comment, Chair Pederson closed the public hearing. Commissioner Baker thanked Mr. Martens for his input in the ordinance amendment process. He asked if the Commission felt they need to address the ceiling height. Ms. McPherson stated that the current ordinance does not regulate the ceiling height. She stated that the ordinance would not allow a pure distribution use in the business park zoning. She also noted that if a prospective tenant wanted more that 50 percent warehouse space, the Commission would review the request through the conditional use permit process. Chair Pederson stated that he was comfortable with the proposed ordinance amendment. Commissioner Baker stated that he felt the changes were in line with the purpose statement of the existing ordinance. COMMISSIONER BAKER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR AN AMENDMENT TO THE ZONING ORDINANCE SECTION 900.12(16) BUSINESS PARK DISTRICT RELATING TO WAREHOUSE SPACE, CASE NO. OA 01-09. COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.Other Business 6.1. Update on 12/17/01 City Council Meeting Commissioner Schuster provided an update on the December 17, 2001 City Council meeting. 8. Adiournment There being no further business, COMMISSIONER MESICH MOVED TO ADJOURN THE MEETING. The meeting of the Elk River Planning Commission adjourned at 7:15 p.m. Respectfully submitted, Debbie Huebner Recording Secretary City Council Minutes January 22, 2002 6.5. Page 10 10. THE PARK SURVEY INFORMATION SHALL BE PROVIDED IN THE REQUIRED ELECTRONIC FORMAT. 11. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR THE PERIOD OF ONE YEAR. 12. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. 13. A GRADING AND EROSION CONTROL PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 14. A DEVELOPMENT PLAN BE APPROVED BY THE CITY ENGINEER PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 15. ALL GRADING BE CERTIFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 16. A TREE PRESERVATION PLAN'BE APPROVED PRIOR TO RELEASING THE PLAT FOR RECORDING. 17. ANY TREES OFF SITE OR ON SITE, NEAR THE LIMIT OF GRADING THAT ARE TO BE PRESERVED, SHALL BE FENCED WITH A SNOW FENCE AT THE DRIP LINE TO PREVENT GRADING, COMPACTION, OR STORAGE OF EQUIPMENT; DEBRIS OR MATERIALS. STAFF SHALL INSPECT FENCING PRIOR TO GRADING COMMENCING. 18. A TRAIL CONNECTION BE PROVIDED FROM 176TM CT. TO OUTLOT A. 19. PARK DEDICATION SHALL BE MET BY DEEDING OUTLOTS A & G TO THE CITY FOR PARK PURPOSES. COUNCILMEMBER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 3-0. Request by City. of F.11~ River for an Amendment to the Zoning Ordinance Section 900.12 16) Business Park District, Relating to Warehouse Space, Pubhc Hearing - Case No. 01-09 Staff report submitted by Director of Planning Michele McPherson. Ms. McPherson stated that the city would like to amend the Business Park District standards to establish definitions for warehousing and showrooms and to allow showroom space, repair/equipment, and increased warehouse space as permitted. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor I4dinzing closed the public hearing. COUNCILMEMBER TVEITE MOVED TO APPROVE ORDINANCE 02-01 AMENDING SECTION 904 OF THE CITY CODE OF ORDINANCES. City Council Minutes Page 1 Janua~ 22, 2002 COUNCILMEMBER K-LTESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.1.Planning Commission Recommendation: Comprehensive Plan Update Michele McPherson updated the Council on the process the Planning Commission used to decide how the Comprehensive Plan would need to be reviewed and the process that should be followed for review of the Plan. The City Administrator noted that this issue would be discussed at a joint meeting between the Planning Commission and the City Council on February 4, 2002. Additionally, he noted that staff strongly believes that there is a need for a planning consultant to assist in the updating process. An objective third party that knows in the public input and review process and which has planning expertise would gready assist the city. The City Council concurred with the need for a planning firm to assist in the updadng of the Comprehensive Plan. The Council discussed Rusty Fifield joining the Hoisington Koegler Group Inc. planning fu:m and indicated that is was appropriate to have Rusty briefly discuss the furms experience when he attends that January 28, 2002 meeting and that he should be invited to attend the February 4, 2002 meeting in order to formulate a proposal for services. Councilmember Tveite volunteered to sit on the Comprehensive Plan update committee. Council_member Mot_in expressed interest in serving as an alternate. 7.2,Cable TV Council_member Motin stated that he has received some complaints from citizens regarding some new higher fees that Charter CommUnications is imposing. He questioned whether outside competition would be allowed to come into Elk River. City Administrator Pat Klaers stated that the City Clerk is a representative on the Cable Commission and she will discuss this situation at a future meeting. 7.3 Announcement Councilmember Kuester stated she is a member of the Citizens League and that the League would be providing information on a leadership study that they recently completed. She stated that the study would be presented at the Elk River Public Library on Saturday, February 9, 2002, from 9:00 a.m. to 11:00 a.m. and everyone is invited to attend. 8. Staff Updates There were no staff updates. 9. Adjournment There being no further business, Mayor Klinzing adjourned the meeting of the Elk River City Council at 9:20 p.m. Tina Allard Recording Secretary Tuesday, October 02, 2001 Ms. Catherine Mehelich Dkector of Economic Development City of Elk P, iver 13065 Orono Parkway PO Box 490 Elk River, Minnesota 55330 BROOKSTONE, 1NC. 7400 Metro Blvd., Edina, M~nnesoXa 55439 6 I2,837.9167 phone 612.837.8010 fax Dear Cathy: Furtller to numerous discussions with the City of Etk River's planning director, Michele McPherson, and our scheduled appearance before the EDA of the City of Elk River on Monday, October 8~, I am writing this letter to state the position of the Elk River Business Park owners with regard to the proposed modifications to file permitted and condition~ use sections of the B-P Business Park District. Our response to date has been based upon concerns we have had with the limitation on the amount of warehouse space in our office/warehouse buildings. We appreciate the opportunity to work together with you on this issue and to present our point of view to various approval groups. While we clearly understand the City's deske to maximize job growth and job opportunities within the city, from the very beginning, we envisioned both build-to-suit and multi-tenant office/warehouse buildings. While not in any way a fu'm plan, a conceptual plan showing buildings ranging from 30-60,000 square feet were laid out in the various parcels as we worked our way through the approval processes. Throughout the Twin Cities, office/warehouse buildings are a mix of, to one degree or another, finished and unfinished spaces. The finished spaces and these are generally all permitted uses under your zoning by4aws, include offices, showroom and laboratory and other highly finished work areas. The unfinished areas, that is the warehouse portion of the office/warehouse term, include pure warehousing and distribution, shipping and receiving facLlities, light manufacturing, repair and maintenance, vehicular storage, and research and testing. On some occasions, the unfinished area is upgraded to include air conditioning, a higher level of lighting, etc. and in some cases, whether for manufacturing or warehousing, is left in a more warehouse form. While manufacturing is generally a part of most business parks, given that approximately 16% of overall employment in this Country is accounted for by the manufacturing sector and given further the significant amount of manufacturing that has moved overseas, the dominant use in the unfinished portion of office/warehouse buildings is not manufacturing but ati of the other industrial uses mentioned above. The finish percentages for office and showroom spaces are generally higher in locations within close proximity to downtown areas and major metropolitan landmarks suSh as airports, major shopping facilities, and also at locations having some commercial aspect to them. This location does not offer the proximity to major landmarks but it does have a commercial aspect to it given the exposure of at least some portion of tile buildings to highway 169 together with the adjacency to the retail development to the north. However, generally, the kinds of office/warehouse buildings envisioned for this location would not be finished greater than 25-40%. This leaves 60-75% of unfinished space and our concern is with limiting the use of this space in such a manner that we are unable to effectively market this properts,. Also, these are aggregate numbers. In individual tenant spaces, unfinished areas will range from 0 to 100%. We have always felt that your building codes could much more effectively regulate the issues at hand and meet your goals by requiring some 'kind of public hearing approval for buildings that are clearly designed as distribution buildings. For example, our fu'st building is an 18' clear height with bay sizes of less than 5,000 square feet. Tile NAIOP definition of distribution is far outside those parameters. A distribution building would be in the clear height range of 24'-32' and have bay sizes ranging from 8-15,000 square feet with much greater depth than our first building has or that we anticipate having for other future buildings. If you deem it necessary to place percentage limitations on the amount of warehouse space, then we would request the following: We would like to see tile 50% limitation on warehouse space be viewed in aggregate for any particular building rather than on an individual tenant basis. This would allow more flexibility on our part with regard to marketing and indMdual tenant negotiations. The goals of the City would simply be established and achieved on an overall square footage basis rather than on an individual square footage basis. We would also like to raise the maximum percentage of warehouse allowed under the conditional use section from 65% to a higher number and simply not preclude an approval, for example, of a build-to-suit for a company that Elk River desires to attract to its community and under a specific percentage limitation would be precluded from doing so. We have written this letter in the spirit of working together with the City of Elk River in a positive and collaborative manner based upon the intent established when the development agreement was first negotiated and entered into. Our requests, we believe, do not deviate from those goals and are more in synch with market in general and also for this site, specifically. We are hopeful of a positive response when we meet before the EDA on October 8~' and subsequent meetings with the planning commission and city council. If any additional information is required, please call me. ry truly, R/chard V. Martens President RVM/bb Cc:Michele McPherson - City of Elk River Jim Winkels - Partner, Elk River Business Park, LLC Liza Robson - Partner, Elk River Business Park, LLC Tony Gleekel - Siegel, Brill, Greupner, Duffy & Foster, P. A. iii. Public shelters and essential services iv. Retail Sales provided the following conditions are met: a. 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. b. The retail sales activity shall not occupy more than fifteen (15%) of the gross floor area, or a maximum of 5,000 square feet of the occupied quarters, whichever is less. c. The retail sales activity is related and subordinate to the principle use. d. No sign identifying or promoting that retail sales occur within the building shall be visible from outside the building. C. Conditional Uses: i. Conditional uses allowed when the underlying land use is light industrial: a. Any permitted use which involves more than 30% warehouse space b. Vocational, technical and trade schools c. Loading areas/overhead doors when located in front yards d. Above ground storage tanks ii. Conditional uses allowed when the underlying land use is highway business: a. Hotels and motels b. Licensed day care facilities c. Retail shops and stores which compliment and serve the Business Park subject to the standards set forth in 2(j) below. d. Motor vehicle specialty service stations e. Loading areas/overhead doors when located in front yards a. Hotels and motels b. Licensed day care facilities c. Retail shops and stores which compliment and serve the Business Park subject to the standards set forth in 2(j) below. d. Motor vehicle specialty service stations e. Loading areas/overhead doors when located in front yards f. Multiple tenant buildings g. Restaurants (Class I) Warehouse space shall mean the space ~sed for storin~ merchaNd, ise cor~nodities. The area occupied b,~' the ach of ship?inq o~{. receivi'.'~,~ merchandise shall_ not be Jnc].nded i~ the floor ,a~.ea ,'.~,~-iicuiatior~ f~r warehouse space. Office/Showroom space shai! nLean SP~Ce ~Na~ i'.~ ~Ni~Jiixed primarily the display of products mannfac'i' ire i. ~uch space may o~'~ '~2_ay ~'~ot be finished.