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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.