ORD 06-004
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ORDINANCE 06 - n!L
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.
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.
Ob-oY
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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 pennitted 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.
(e) Additional standards. The following additional standards apply in the BP district:
(1) uading 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.
(3) Roriftop 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,
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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 buildingfinishes.
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 non fade 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 Bnished 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
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
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from the adjacent public street, public path/trail, or adjacent residentially zoned property at
the same elevation of the flrst floor of the building.
(5) Lmdscaping. 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:
~~
Mayor
~:~
lty Clerk
~-- d-I
Mfidavit of Publication
STATE OF MINNESOTA )
)ss.
COUN1Y OF SHERBURNE)
6lcBct~eth \\-an \ S
being duly sworn, on oath says that he/she is the publisher
or authorized agent and employee of the publisher of the
newspaper known as the Elk River Star News, and has full
knowledge of the facts which are stated below:
A) The newspaper has complied with all the
requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02,
331A.07, and other applicable laws, as amended.
B) The printed Oro\nClnc.e. 0(0 - b4
which is attached was cut from the columns of said
newspaper, and was printed and published once each
week, for \ successive weeks; it was first published
on Wednesday, the ~ q day of (Y1 Q rc h ,
20 (J\o , and was thereafter printed and published every
Wednesday to and including Wednes~y, the
day of , 20 ; and printed below
is a copy of the lower case alphabet from A to Z, b~th
inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication
of the notice.
a bed e fg h ij k 1 m n 0 p q r s t u v w x y z
BY:
TITLE:
0A~~
Gr -e i{\ e IC\ \ '(Y\ Q,V\CL~ -e "
Subscribed and sworn to before me on this d 1'~ day of
\Y\o.ron .20--O!L-.
~ ~ ~ - .~: .'..,. .-:.~>.
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N taryPub ~ ;=\.::.:;'~.;~~1::~.~"~ -?~~~.. ..',
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RATE INFO~~g~;;~.~~~$f/~
(1) Lowest classified rate paidJiYi7:~::-2'.-.. ) 3'o1t. /'
commercial users for comp~ble space $ I I'J
(2) Maximum rate allowed by law for
the above matter
(3) Rate actually charged for the
above matter
$ c:yv;7. 70
$617-7u
3. An damaged vehicles stored on
the premises shan be stoved with-
in .an area which is screened by a
'six fbot high 100 perceqt . opaque
fencec~)l1structed of factory fin~
i~hed metal or vinyl material.
L1. The building shall conlply with
the llill;teriul 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 mer-
chandjse outside the building.
6. 'l'he building. shall be a .mini-
mum of 15,000 square feet.,
g. Governmental offices.
(e) Additional standards. 'l'ho
fonowing uqditional standards
apply in. the BP district: .
(1) Lqading sp~~es and oVel1head
doors. 'i' :.' ,
a. I..ouding spaces/overhead doors
shall,be located in, designated reUl'
yards and. secondarily indesignat-
ed side "yards. Lotading areas/over,.
. head doors shall not be located
in designated :front yards unless
approv.ed as a ~onditionallJse. , f.';' , ,
'0: Ldadipg'apaces and overhead"
doors shall be designed to be c()m-
patible witli the principal. build-
i~g. Architectural techniques and
landscaping 8h~1l be employed to
reduce visual impacts :li'om adja-
cent properties and roadways.
(2) Dumpsters ~nd refuse e,nclo-
sures. . I
a.' All dumpsters shall be com-
pletely screened from public view
by using enclosures constructed of
similar material as the principal
building.
b. Hefuse enclosures shall include
gates and be located in designated
rear or side yards. , . .
(in Hooftop or ground electrical
equipment; signs: :'
a. All utility equipment shall
ei ther be: I
1. Screened fi'om the eye level
view of adjoining properties by
use of exterior walls and/or land.,.
scaping; .
2. Painted to mat.ch or comple-
ment the building structures; or
3. Incorporated" .into ,an architec-
tural design, as approved by the
building and zoning uchninistrator.
'b. Notwithstanding the. provi,..
sions of subdivision n of division
5 of this article). the following.
requirements' regarding' signage
shall be met: .
1. All freestandirig signage shall
he of a monument style sign and
have a maximum size of 64 s'qu~re
fee~ &nd 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 f()()t of the building
frontage up to a ll1flximuUl of 128
square feet pel'. occupancy) is pel.-
mitted;
(i1) mxter:ior Imil,ding finishes.
a. It is the intent of the c~ty
to promote and enc~~lrage high
, standards 'Qf creative archite.ctural
design" in the business park dis-
trict.
b. In the business park zoning
district, the fonowing are accept~
able building materials al1(1 fin-
ishes:
1. Brick
,2. Natural or cutlstone.
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 {lan-
cIs (excluding single-'f or douhle-fl'
panels, plain) uncolored) or raked
finish) or specially designed) C3st-
in~place concrete.
5 Glass architectural metal
fib~rglass ~nd aluminum, provided)
such panels are factory fabricated
and finished. with a durablei'non-
fade surface and their fasteners
are of a corrosion-l'esistant design.
6. Stucco) E.I.lr.S., and other
cemen titious. coating.
7. Wood) provided the surfaces i
are finished .for exterior use 01'1
wood of proven exterior (lm.ability,
is used such as cedar redwood
and/or dypress. . ' ,
8. Other materials determined
us acceptable' by \ the planning
department.
c. . Major e~terior sm.faces that
are. adjacent to any public street)
flublic trail/patl~1 O!; adjacent ~esi-
dentially zoned tn'operties I?baUbe
of one. of the. accePt~ble,.m~~~I'l~~~
move;Jpt~nnA tlon l'~~At~Hn~~i~JJ.e'"
apPvf'}:>d~~Qlrlb~dp1'9j~pttPl~llft~,~fllli .
7 ~3/635,. ~030' ~l'y~ait.v.~" j~ntRty~p I
~~i:~JI-~~~~!~~~~~5. ()l'f;mu Pa;f'}qvay.,
\jlTX Ul1' El..l{ IUVEU
AN ORDINANCE OF 'I'IIE
CI'jlY OFELI{ IUVER
, AMENDING SEC'l'ION 30~
1294 "BIl BUSINESS.PARI{.
DIS'I'RICT" Olv',l.'IIE.Crl'Y .
COD'E OF ORDINANCES, "
Case No. OA 06~OI
fl'he City.Oouncil of the City of
lDIk HiveI' does. hereby. ordain .as
,fhllows!. , , .
Section 1: Section' 30~1294: titled
HP Business, Park District.. of
the City of. EI~{ 'Hiver Code' of
Ordi:t;lances Sh1:111 he'JU11eI;lded by
amending the following:.;,;
., (a) Purpose. .... :', .
(1) 'rhe business pflrk distriotjs
established to en~ourage a planned,:
, integrated envirolHnent [(nO certain'
industrial, office, and .coll1mercial.
uses) which are comPflti41~:witb
and comlllement each'. (-,thCl: asi
well as thesulTounding 'land uses:
the underlying land usedesigna~;
tion within ,qle district may v"ary \
and may be either light industrial i.
or highway business. Development
within the business park district
will con-espand with the lar~d use
designation. Industrial ,and . office
uses are aUowed\where; the land
use designation is .light industrial,
and conllrIercial uj:3es are. allowed
where the land use designation is"
highway business."
(2) It is the intent of this section'
that development I.~.~nectcommon
themes using ..' c.ompatible archi-
tectural deBi~n. and consistency in
signage) lanqscaping) and lighting.
It is. also the intent to encourage
businesses) which generate a high
numbel'of jobs. per square foot
rather than predomhlantly ware-
house type 'uses.
(h) Permitted' uses. Permitted
uses in the liP district are as fbl~
lows:
(1) Permitted uses allowed are
as foHows:.
a. Light manufacturing. ,
b. Research and .development
labora tories.
c. Business and professional
offices.
d. Mail order operations.
e. 'l'elecommlluicatiQI1 operations.
f.' Sherburne County fail'.
g. Warehouse space not exceed-
. ing 50 percelJ,t of the entire build-
ing, .
h. Showroom space. . I
i. HepaiJ' and maintenance,
excluding auto repair.
(c) Accessory, uses. Accessory
uses in" the liP district are as fol-,
lows:
(1) Off:'~tl'eet parking lots 01'
facilities. '
(2) Private recreational facilities.
(3) Public shelters and ef,3sential
services.
(4) Hetail s&le's, provided U~e fol-
lowing conditions are met:
a. 'rhe retail sales activity shaH
not be located in an administra- "
tive onice facility) but shall be
tocated within' a business, 'the
principalu~eRrVlh~ch .h~ not;.~om- I
n\eroiat~&l~~t!i('~"}:',,;:!:;:; "':'J";:. ....1....
b! fl'he rel:Ail i~F\law,aQtivit;Yt;aJt~ll
not occUPymQf~.t,hf.H1, II) P~~'A~~R'?f
. the..gflOEl~.Jlo0F llrOl,'h QJ,1'f.l n)f:l?iiro~ll1
. '.of5,OQQ sql.lm'(J fV~tQ.t'th~ OCC,!\,mjed
: quarters) 'whi9h13VIDrjs'leSSl '
c. rrhe l'.etailsales activity ahall
be. related and .suuonlinate to the
principal u~e.; :
d. No sign identifying or promot,.
ing that retail sales occur within
the building. shalf be ,visible from
outside the building. ' .
e. li'l'eestanding retail shops and
stores shaH be ,limited to' those
which coniplement, .other uses
within the. businest;l park and
provide a service. ~o "those other
"businesses, and shall not exceed
20,000 square feet in size..
f. Retaillwholesule sales' ind-
dental. to products manufactured,
asscrpbled) or' warehoused on' the
premises may. be permittad as. an
accessory" use' provided no. more
than ~en 'p~rcent of the bui1<Jing is
used for'. reta'iVwholesale sales.,.. ;,
(5) rrherapeuticmaf)sage.' wIien
offered within the confines. of a
medical or chiropractic clinic." :
(6)fl'emporary signs as permitted
in section 30~851 et seq. '
(7) Permanent signs.
(d) Conditional uses. Conditional
uses in the BP districtul'e as fol-
lows:
(1) Conditional uses ar~as fol,..'
lows: I
a. WarellC)use. space exceeding
50 percent: of tlle total building'
nom: area up to a. maximum of' (i5
percent.',.,
h. Vocational, technical and trade
schools.
c. Loading areas/overhead. doors
when located in ii'ont yards.>:'
d. Abovegroupd BtOl'~ge tanks.
,e.. Government..buildings. pnd
"facilities. " . ,
t: Motor vehicle repair ShOPSi pro-
vided that they meet the following
. conditions: "',
1. AU repair services shall be con-
ducted inside the buil(ling.
2. Merchandise shall be stored \ ,
inside the building.