3.3. SR 03-20-2006
City of Elk River
REQUEST FOR COUNCIL ACTION
Agenda Section Meeting Date
Consent March 20, 2006
Item Description
Amendment to Section 30-1294 BP Business Park District
Item Number
3.3.
Prepared by
Chris Leeseber , Planner
Reviewed by
Introduction
On August 15, 2005 the City Council approved an Ordinance Amendment for Section 30-1294 Business
Park District. Staff suggested, and it was approved, that it is appropriate to eliminate the reference to the
underlying Land Use of Highway Business and the related Allowed and Conditional Uses.
Due to misunderstanding with the correspondence between the city and the codifiers, this area was not
eliminated from the code. As a housecleaning effort, staff decided to help clarify the confusion by
bringing a new Ordinance Amendment back before the Council as a Consent agenda item. This will
clarify exactly what was desired with the original request.
Attachments
Ordinance 06-_
. August 15, 2005 Memo
. Portion of August 15, 2005 City Council Minutes
Action Requested
Staff is requesting the City Council approve Ordinance 06-_.
Council Action
Motion by _
Second by _
Vote
Follow Up
s: \PLANNING\ Case Files \2006\ OA \ OA 06-01 City of ER 30-1294 \Request For Council Action.doc
ORDINANCE 06 -
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 30-1294 "BP BUSINESS PARK DISTRICT"
OF THE CITY CODE OF ORDINANCES
Case No. OA 06-01
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 30-1294 titled BP Business Park District of the City of Elk River Code of
Ordinances shall be amended by amending the following:
(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. 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.
i. Repair and maintenance, excluding auto repair.
(2) Permitted uscs allo~cd whefl thc uflde:rlf..ag brfld usc is IriglnfrY busincs3 arc a3 follow3:
a. Hcalth athletic dubs.
b. Persoflal 3el"'i ice establishmeflts.
Co Fmaflcisl m3tftutiofl3.
(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 confmes 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.
f. Motor vehicle repair shops, provided that they meet the following conditions:
1. All repair services shall be conducted inside the building.
2. Merchandise shall be stored inside the building.
3. 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.
4. 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.
5. No sales or display of merchandise outside the building.
6. The building shall be a minimum of 15,000 square feet.
g. Governmental offices.
(2) Conditionsl use3 aRowed when the underly";Jig land me i3 high'W"fty business a:rc as
fol:lo~3.
a. Hotcb and moteh.
b. Licensed day care faeilitic3.
c. Rets1i shops ll:nd 3tore3 which complement and 3et'", e the bmine3s park, subject to the
3tatldll:rd3 3et forth in subsection3 (c) ( 1)e and f of this section.
d. Motor vehicle 3pecill:lty scrvice 3tati0fi3.
c. Loading a:rea3/ 0, erhead doors ~henlocated in frontya:rd3.
f. Cla3s I re3tatl:1ants.
(e) Additional standards. The following additional standards apply in the BP district:
(1) Loading spaces and overhead doors.
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.
S:\PLANNING\Case Files\2006\OA \OA 06-01 City ofER 30-1294\Final Ordinance. doc
(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 buildingftnishes.
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
finishes:
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-T or
double-T panels, plain, uncolored, or raked finish) or specially designed, cast-in-place
concrete.
5. 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.
6. Stucco, E.I.F.S., and other cementitious coating.
7. Wood, provided the surfaces are finished 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.
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 shallnot 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
S:\pLANNING\Case Files\2006\OA \OA 06-01 City ofER 30-1294\Final Ordinance. doc
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 N 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. .
Section 2. 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 20th day of
March, 2006
Attest:
Stephanie Klinzing
Mayor
Joan Schmidt
City Clerk
S:\pLANNING\Case Files\2006\OA \OA 06-01 City ofER 30-1294\Final Ordinance. doc
Item #
MEMORANDUM
TO: Mayor and City Council
FROM: Michele McPherson, Director of Planning
DATE: August I 5, 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
setbacks except for parcels that front on arterial or collector streets in which case, the front
Planning Department Mission: the orderly development of a livable and sustainable Elk River community.
Ordinance Amendment OA 05-11
August 15,2005
Page 2
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 [mancial 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 s. ce we have no
business ark areas whereby the underlying land use is Highway Busines Staff is suggesting
that it is appropriate to e ate e re erence to the un er ymg nd 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.
S:\PLANNING\Case Files\2005\OA 05-11 30-895 & 30-1294\08 15 05 CC memo. doc
City Council Minutes
August 15, 2005
Page 14
2.
3. SURFACE WATE
PAID PRIOR T
MOTION CARRIED 5-0.
~ Request by City of Elk River for Ordinance Amendment to Section 30-895 and 30-1294.
~ Public Hearing-Case No. OA 05-11
Director of Planning Michele McPherson submitted the staff report. Ms. McPherson
requested the City Council consider an Ordinance Amendment to change the parking
setback requirements and use and setback requirements to the Business Park District
Standards. She reviewed the proposed changes to the parking standards, the underlying
district use standards, and building setback requirements as outlined in her staff report.
Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor
Klinzing closed the public hearing.
MOVED BY COUNCILMEMBER FARBER AND SECONDED BY
COUNCILMEMBER GUMPHREY TO ADOPT ORDINANCE 05-19
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. MOTION CARRIED 5-0.
6.11.
Director of Planning Mic ele McPherson submitted t e staff report. Ms. McPherson stated
the Economic Developme Authority is requestin mal plat of Northstar Business Park.
She discussed the streets an ot layout and the Pa s and Recreation Commission's
recommendations.
MOVED BY COUNCILMEM ER GU PHREY AND SECONDED BY
COUNCILMEMBER MOTIN OPT RESOLUTION 05-94 GRANTING
FINAL PLAT FOR NORTHST SINESS PARK, CASE NO. P 05-12 WITH
THE FOLLOWING CONDITIO
1. SURFACE WATER
2. CASH SHALL PAID FOR PARK
DEVELOPAB E ACRES.
6.12.