6.10. SR 08-15-2005
Item#~O.
MEMORANDUM
TO:
FROM:
Mayor and City Council
Michele MCPherso~ctor of Planning
DATE:
August 15, 2005
SUBJECT:
Case No. OA 05-11
Request by the City of Elk River to Amend Sections 30-895 and
30- 1294
Request
The City Council is asked to consider an ordinance amendment changing the parking
setback requirements and making use and setback adjustments to the Business Park District
Standards.
Attachments
· Parking Setbacks Draft Language Change
· Business Park District Standards Language Change
· Ordinance No. 05-
Analysis
Parking Standards
Section 30-895 of the Land Development Regulations regulates parking setbacks. Typical
parking setbacks for commercial sites are 10 feet from any property line, except in cases
where developments share common property lines. In those instances, drive aisles and/or
parking can be shared between development sites.
This same section requires parking setbacks in the Business Park District of 25 feet for the
front yard and 20 feet for the side and rear yards. This obviously requires a larger lot in
order to accommodate increased setbacks, the required parking and any ponding facilities
required by Code. Staff is suggesting that an amendment be considered to allow 10-foot
Planning Department Mission: the orderly development of a livable and sustainable Elk River community.
Ordinance Amendment OA 05-11
August 15, 2005
Page 2
setbacks except for parcels that front on arterial or collector streets in which case, the front
yard setback would remain at 25 feet in order to allow for increased landscaping. This
amendment will bring parity between the districts which allow industrial uses, allow the use
of smaller lots for industrial prospects, which will assist in their financing. A smaller lot will
result in less financial assistance from the City.
District Changes
For a number of years staff has struggled with the schizophrenic nature of the Business Park
District. There are uses that are allowed if the underlying land use is Light Industrial, or if
the underlying land use is Highway Business. This dichotomy is difficult since we have no
business park areas whereby the underlying land use is Highway Business. Staff is suggesting
that it is appropriate to eliminate the reference to the underlying land use of Highway
Business and the related allowed and conditional uses.
A second issue which relates to creating parity between the Industrial and Business Park
standards is the minimum lot and building setbacks. Staff believes that there should be
parity amongst the zoning districts, in that the significant difference which makes the
Business Park District a higher standard relates to the lack of outdoor storage opportunities
and the higher building material standards. Staff is recommending that the City reduce the
minimum lot area to one acre, the front setback be reduced to 30 feet except for along
arterial or collector streets, the rear setback be reduced to 20 feet, but that we increase the
maximum height to 50 feet, and the side yard setback to 25 feet. The increased building
setback along arterial or collector streets, coupled with the increased parking setback, will
provide for increased landscaping opportunities.
Planning Commission Action
The Planning Commission conducted a public hearing at its July 26,2005 meeting. No one
spoke for or against the request. The Commission voted unanimously to recommend
approval of the ordinance change to the City Council.
Recommendation
Staff and the Planning Commission recommend that the City Council approve the attached
ordinance language to the Business Park District parking and use standards.
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Parking Setbacks
Sec. 30-895. Setbacks.
On-site parking and loading facilities shall not be subject to the front yard, side yard, and
rear yard regulations for the district in which parking is located, except that:
(1) In multifamily, commercial. business park or industrial districts, no parking area,
drive aisle or loading space shall be located within ten feet of any property lines, except that
zero lot line developments may have parking that abuts the zero lot line property
boundaries, and in the business park district. where the front yard abuts an arterial or
collector street. the parking setback shall be increased to 25 feet.. Further, nonsingle-family
residential uses located in single-family residential districts shall also be subject to these
requirements.
(2) In single-family residential zoning districts no driveway or parking area shall be
located within five feet of a side or rear property line.
(3) In thc BP di3trict, min:imum parking lot 3ctbacks arc a3 follow3:
a. Front yard: 25 fcct.
b. Sidc yard: 20 fcct.
c. Rear yard: 20 fcet.
All setbacks shall be determined from the planned right-of-way as designated in the city,
county, or state transportation plan, and normally defined in the subdivision regulations.
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Business Park Standards
Sec. 30-1294. BP business park district.
(a) Purpose.
(1) 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.
(2) 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.
(b) Permitted uses. Permitted uses in the BP district are as follows:
(1) Permitted uses allowed whcn thc underlying land me is light ffidustftsl are as
follows:
a. Light manufacturing.
b. Research and development laboratories.
c. Government, business, and professional offices.
d. Mail order operations.
e. Telecommunication operations.
f. Sherburne County fair.
g. Warehouse space not exceeding 50 percent of the entire building.
h. Showroom space.
1. Repair and maintenance, excluding auto repair.
(2) Permittcd mcs allowcd whcn the Ufidcrlying land usc is highWft'y business ft'l'e as
follO'\Vs:
a. Hcalth athlctic chills.
b. Personal scr.~icc cstablishments.
c. Financial institutions.
(c) Accessory uses. Accessory uses in the BP district are as follows:
(1) Off-street parking lots or facilities.
(2) Private recreational facilities.
(3) Public shelters and essential services.
(4) Retail sales, provided the following conditions are met:
Draft Business Park
July 26, 2005
Page 2
a. 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.
b. 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.
c. The retail sales activity shall be related and subordinate to the
principal use.
d. No sign identifying or promoting that retail sales occur within the
building shall be visible from outside the building.
e. 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.
f. 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.
(5) Therapeutic massage when offered within the confines of a medical or
chiropractic clinic.
(6) Temporary signs as permitted in section 30-851 et seq.
(7) Permanent signs.
(d) Conditional uses. Conditional uses in the BP district are as follows:
(1)
as follows:
Conditional uses allO"Wcd whcn thc undcrlying laad usc is light industrial are
a. Warehouse space exceeding 50 percent of the total building floor area
up to a maximum of 65 percent.
b. Vocational, technical and trade schools.
c. Loading areas/overhead doors when located in front yards.
d. Aboveground storage tanks.
e. Government buildings and facilities.
(2) Conditional uscs allowed when the undcrly':..ng land me is highway busIDcss
arc as follows:
a. Hotels and moteb.
b. Liccnscd day care facilitics.
c. Rctail shops and storcs ~.vhich complement and SCf\,~e the business
park, subjcct to thc standards sct forth ia subscctions (c)(4)e and f of this
scction.
d. Motor vehiclc spccialty service stations.
e. Loading areas/overhcad doors whcn located in front yards.
f. Class I rcstaurants.
(e) Additional standards. The following additional standards apply in the BP district:
(1) Loading spaces and overhead doors.
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Draft Business Park
July 26, 2005
Page 3
a. 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.
b. 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 properties and roadways.
(2) Dumpsters and refuse enclosures.
a. All dumpsters shall be completely screened from public view by using
enclosures constructed of similar material as the principal building.
b. Refuse enclosures shall include gates and be located in designated
rear or side yards.
(3) Rooftop or ground electrical equipment; signs.
a. All utility equipment shall either be:
1. Screened from the eye level view of adjoining properties by
use of exterior walls and/or landscaping;
2. Painted to match or complement the building structures; or
3. Incorporated into an architectural design, as approved by the
building and zoning administrator.
b. Notwithstanding the provisions of subdivision II of division 5 of this
article, the following requirements regarding signage shall be met:
1. All freestanding signage shall be of a monument style sign
and have a maximum size of 64 square feet and height of eight feet.
2. 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.
(4) Exterior building fInishes.
a. It is the intent of the city to promote and encourage high standards
of creative architectural design in the business park district.
b. In the business park zoning district, the following are acceptable
building materials and flnishes:
1. Brick.
2. Natural or cut stone.
3. Integrally colored split face (rock face), burnished, or glazed
concrete masonry unit (excluding plain or painted).
4. Integrally colored and exposed aggregate precast concrete
panels (excluding single-Tor double- T panels, plain, uncolored, or raked
flnish) or specially designed, cast-in-place concrete.
5. Glass, architectural metal, fIberglass and aluminum, provided
such panels are factory fabricated and flnished with a durable nonfade
surface and their fasteners are of a corrosion-resistant design.
6. Stucco, E.I.F.S., and other cementitious coating.
7 . Wood, provided the surfaces are flnished for exterior use or
wood of proven exterior durability is used, such as cedar, redwood, and/or
cypress.
8. Other materials determined as acceptable by the planning
department.
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Draft Business Park
July 26, 2005
Page 4
c. 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 anyone 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
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.
d. 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.
e. 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.
f. The building shall be designed so as to prevent the appearance of
straight, unbroken lines in the horizontal and vertical surfaces.
g. Main entrances shall be emphasized with a complementary material
which is different from the primary building material.
h. Garage doors shall have a color that matches or coordinates with the
building's primary body color.
i. 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.
(5) Landscaping. Notwithstanding the provisions of subdivision IV of division 5
of this article, the following requirements shall be met:
a. Of the total number of overs tory trees required, a minimum of 25
percent shall be ornamental trees and 25 percent shall be conifer trees.
b. 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.
c. Underground irrigation shall be installed within the front yard and all
landscaped areas adjacent to a public right-of-way.
Secs.30-1295--30-1310. Reserved.
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Draft Business Park
July 26, 2005
Page 5
Subdivision II. Dimensional Regulations
Sec. 30-1311. Principal structures.
Principal structures shall comply with the following dimensional regulations:
TABLE INSET:
Building Setbacks
Zoning Minimum Lot Front Side Rear Maximum Maximum
District Lot Width Setback Setback Setback Lot Height
Requirements (feet) (feet) (feet) Coverage
I-I 1 acre 100 feet 30 25 20 40% 45
1-2 1 acre 100 feet 30 25 20 40% 60
BP 1 ~ /~ acres ~ ~ 3{} 40% ~
1 acre 302 25 20 50
1 Must hook up to city sewer and water if within the city sewer district.
2 Must be 35 feet if along arterial or collector street.
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-
ORDINANCE 05 -
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTIONS 30-895, PARKING, 30-1294 - BP BUSINESS PARK DISTRICT AND
30-1311, DIMENSIONAL REGULATIONS OF THE CITY CODE OF
ORDINANCES
Case No. OA 05-11
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 30-895 (1) and (3) titled, Setbacks, of the City of Elk River
Code of Ordinances shall be amended to read as follows:
(1) In multifamily, commercial, business park or industrial districts, no parking
area, drive aisle or loading space shall be located within ten feet of any property lines,
except that zero lot line developments may have parking that abuts the zero lot line
property boundaries, and in the business park district, where the front yard abuts an
arterial or collector street, the parking setback shall be increased to 25 feet~. Further,
nonsingle-family residential uses located in single-family residential districts shall also
be subject to these requirements.
(3) Delete in its entirety.
Section 2. Section 30-1294 titled, BP Business Park District of the City of Elk
River Code of Ordinances shall be amended to read as follows:
(a) Purpose.
(1) 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.
(2) 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.
(b) Permitted uses. Permitted uses in the BP district are as follows:
(1) Permitted uses allowed are as follows:
a. Light manufacturing.
b. Research and development laboratories.
c. Government, business, and professional offices.
d. Mail order operations.
e. Telecommunication operations.
f. Sherburne County fair.
g. Warehouse space not exceeding 50 percent of the entire building.
h. Showroom space.
1. Repair and maintenance, excluding auto repair.
(c) Accessory uses. Accessory uses in the BP district are as follows:
(1) Off-street parking lots or facilities.
(2) Private recreational facilities.
(3) Public shelters and essential services.
(4) Retail sales, provided the following conditions are met:
a. 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.
b. 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.
c. The retail sales activity shall be related and subordinate to the
principal use.
d. No sign identifying or promoting that retail sales occur within the
building shall be visible from outside the building.
e. 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.
f. 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.
(5) Therapeutic massage when offered within the confines of a medical or
chiropractic clinic.
(6) Temporary signs as permitted in section 30-851 et seq.
(7) Permanent signs.
(d) Conditional uses. Conditional uses in the BP district are as follows:
(1) Conditional uses are as follows:
a. Warehouse space exceeding 50 percent of the total building floor area
up to a maximum of 65 percent.
b. Vocational, technical and trade schools.
c. Loading areas/overhead doors when located in front yards.
d. Aboveground storage tanks.
e. Government buildings and facilities.
Section 3. Section 30-1311 tided, Dimensional Regulations, of the City of Elk
River Code of Ordinances shall be amended to read as follows:
Sec. 30-1311. Principal structures.
S:\PLANNING\Case FilesU005\OA 05-11 30-895 & 30-1294\BP Pkg & Standards Ord.DOC
Principal structures shall comply with the following dimensional regulations:
TABLE INSET:
Building Setbacks
Zoning :Minimum Lot Front Side Rear Maximum Maximum
District Lot Width Setback Setback Setback Lot Height
Requirements (feet) (feet) (feet) Coveral!e
1-1 1 acre 100 feet 30 25 20 40% 45
1-2 1 acre 100 feet 30 25 20 40% 60
BP 1 acre 302 25 20 40% 50
1 Must hook up to city sewer and water if within the city sewer district.
2 Must be 35 feet if along arterial or collector street.
Section 3. That this ordinance shall take effect upon publication as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 15th day of
August, 2005.
Stephanie Klinzing
Mayor
Attest:
Joan Schmidt
City Clerk
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