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6.7. SR 07-16-2007 REQUEST FOR ACTION To Ci Council Agenda Section Communi Develo ment Item Description Request by City of Elk River for Ordinance Amendment to Land Use Regulations Regarding a Proposed New Section Entided, "Commercial Reserve," Case No. OA 07-01, Public Hearing Item Number 6.7. Prepared by erem Barnhart, Plannin Reviewed by Scott Clark, Community Development Director Reviewed by Meeting Date ul 16, 2007 Action Requested Staff and the Planning Commission recommend approval of the ordinance language as written. Commercial Rcseroe Transitional Zone. A. Purpose. 1. To allow an existing use to remain conforming until such time as redevelopment is consistent with the Comprehensive Guide Plan at which time the city will consider changing the zoning designation. 2. To provide for orderly (re)development of contiguous parcels of land. 3. To discourage piecemeal, lot-by-lot development or leapfrog development that would result in the isolation or inefficient re-use of existing parcels of land. 4. To ensure that contiguous parcels of land are served with adequate access and public infrastructure and that appropriate right-of-way width is established. B. Permitted uses. 1. Agriculture Horticulture uses (10 acre lots or more) 2. Public parks, playgrounds and open space 3. Facilities for flood and erosion control 4. Single Family dwellings C. Accessory Uses 1. Accessory farm structures 2. Public Shelters and Essential Services 3. Garages and sheds including metal skinned buildings Case File: OA 07-01 Page 2 Conunercial Reserve Ordinance City of Elk River D. Interim Uses 1. Roadside sales stands 2. Wind generators 3. Cooperative gardening in preserved open space 4. Gravel mining 5. Asphalt and concrete plant. 6. Other uses existing as of the date of this ordinance. 7. Commercial recreations facilities; 8. Veterinary clinics commercial kennels; 9. Conditional Home Occupation; 10. Business and professional offices with a minimum gross floor area of 10,000 square feet; 11. Horticulture and floriculture uses in preserved open space; 12. Private stables in preserved open space; 13. Wayside stands in preserved open space. Building Setbacks Minimum Lot Front Side Garage Rear Maximum Lot Maximum CRT: Requirements (feet) (feet) Side (feet) Coverage Height (feet) Nonsewered 20 acres 50 25 25 50 30% 3 floors or 300' width 40' Sec. 30-1582. Accessory structure setbacks. Accessory structures shall comply with the following dimensional regulations. Accessory structures shall comply with the size limitations as prescribed for lots in the R-1a district, as oudined in Section 30-793 (b): TABLE INSET: Front Side Rear Maximum Fences Agricultural District Setback Setback Setback Height (feet) Buildings (feet) (feet) (feet) (feet) (feet) CRT 50 25 50 221 0 2 C:\Documents and Settings\jjohnson\Local Settings\Temporary Internet Files\OLK49\Conunercia1 Reserve Ordinance to CC 7-16-07.doc Case File: OA 07-01 Page 3 Conunercial Reserve Ordinance City of Elk River Backlround/Discussion Included in the 2004 Comprehensive Plan were two areas identified as Commercial Reserve. The intent of these areas was to reserve land for permanent future commercial development, avoiding land use improvements inconsistent with a final vision of the area while still allowing appropriate use of the land that does not require major investment in infrastructure or buildings. The City Council authorized staff to draft an ordinance for consideration on January 16th, 2007. Financial Impact None Attachments · Ordinance Analysis Staff has prepared an ordinance that codifies the direction endorsed by the Comprehensive Plan. The primary feature is the large lot size, intended to preserve large parcels, making land assembly for redevelopment in the future easier. The uses that exist on properties rezoned would be allowed to continue, some as permitted uses and others as Interim uses. Recommendation Staff and the Planning Commission recommend approval as drafted. Respectfully Submitted, Jeremy Barnhart Planning Manager Action Motion by _ Second by _ Vote Follow Up C:\Documents and Settings\jjohnson\Local Settings\Temporary Internet Files\OLK49\Conunercia1 Reserve Ordinance to CC 7-16-07.doc ORDINANCE _-_ CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING CERTAIN SECTIONS OF CHAPTER 30 OF THE CITY CODE OF ORDINANCES RELATING TO ZONING. The City Council of the City of Elk River does hereby ordain as follows: Section 1. Section 30 -1583 titled, Commercial Reserve Transitional of the City of Elk River Code of Ordinances shall be added to read as follows: A. Purpose. 1. To allow an existing uses to remain conforming until such time as redevelopment is consistent with the Comprehensive Guide Plan at which time the city will consider changing the zoning designation. 2. To provide for orderly redevelopment of contiguous parcels of land. 3. To discourage piecemeal, lot-by-Iot development or leapfrog development that would result in the isolation or inefficient re-use of existing parcels of land. 4. To ensure that contiguous parcels of land are served with adequate access and public infrastructure and that appropriate right-of-way width is established B. Permitted uses. 1. Agriculture Horticulture uses (10 acre lots or more) 2. Public parks, playgrounds and open space 3. Facilities for flood and erosion control 4. Single Family dwellings C. Accessory Uses 1. Accessory farm structures 2. Public Shelters and Essential Services 3. Garages and sheds including metal skinned buildings D. Interim Uses 1. Roadside sales stands 2. Wind generators 3. Cooperative gardening in preserved open space 4. Gravel mining 5. Asphalt and concrete plant. 6. Other uses existing as of the date of this ordinance. 7. Commercial recreations facilities; 8. Veterinary clinics commercial kennels; 9. Conditional Home Occupation; 10. Business and professional offices with a minimum gross floor area of 10,000 square feet; 11. Horticulture and floriculture uses in preserved open space; 12. Private stables in preserved open space; 13. Wayside stands in preserved open space. Building Setbacks Minimum Lot Front Side Garage Rear Maximum Maximum CRT: Requirements (feet) (feet) Side (feet) Lot Height (feet) Coverage Nonsewered 20 acres 50 25 25 50 30% 3 floors or 300' width 40' Section 2. Section 30 -1582 titled, Accessory Structure Setbacks of the City of Elk River Code of Ordinances shall be added to read as follows: Accessory structures shall comply with the following dimensional regulations. Accessory structures shall comply with the size limitations as prescribed for lots in the R-la district, as outlined in Section 30-793 (b). District Front Setback (feet) 50 Side Setback (feet) 25 Rear Setback (feet) 50 Maximum Height (feet) 221 Fences (feet) Agricultural Buildings (feet) 2 CRT o 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 ,20_. day of Stephanie Klinzing, Mayor ATTEST: Tina Allard, City Clerk s: \document\ordinance \oa97 -1.doc