6.4. SR 09-17-2007
REQUEST FOR ACTION
To
Ci Council
Agenda Section
Communi Develo ment
Item Description
Request by Philip Collins (Collins Bros. Towing) for Ordinance
Amendment to allow accessory structures in 1-2 Zoning
Districts, Case No. OA 07-12 - Public Hearing
Meeting Date
Se tember 17, 2007
Item Number
6.4
Prepared by
Chris Leeseber , Planner
Reviewed by
erem Barnhart, Plannin
Reviewed by
Action Requested
Staff and the Planning Commission recommend the City Council approve the language as shown in
Exhibit A.
Summary
The applicant is requesting an amendment to allow accessory structures in the 1-2 (Medium Industrial)
zoning district as they want to add additional vehicle storage space for their towing business.
Planning Commission Discussion
The Planning Commission unanimously recommended approval of the request. The Planning
Commission also recommended that the City Council give staff direction to review the accessory
structure requirements in all cottunercial and industrial districts to confirm they still meet the City's
expectation.
Public Comment
No one spoke at the public hearing
Attachments
. Staff Report to Planning Commission dated September 11,2007.
Action
Motion by _ Second by _
Vote
Follow Up
S:\pLANNING\Case Files\OA \OA 07-12 Collins Bras Towing\OA 07-12_CC.doc
REQUEST FOR ACTION
To
Plannin Commission
Agenda Section
Plannin Items
Item Description
Request by Philip Collins (Collins Bros. Towing) for Ordinance
Amendment to allow accessory structures in 1-2 Zoning
Districts, Case No. OA 07-12 - Public Hearing
Meeting Date
Se tember 11, 2007
Item Number
5.2
Prepared by
Chris Leeseber , Park Planner
Reviewed by
erem Barnhart, Plannin
Reviewed by
Action Requested
Staff recommends that the Planning Commission recommend approval of the proposed language as
shown in Exhibit A.
Background/Discussion
The reason the applicant is requesting an amendment to allow accessory structures in the 1-2 (Medium
Industrial) zoning district is they want to add additional vehicle storage space for their towing business.
Attachments
.
Location Map
Applicant's Narrative
Other City Ordinances
Exhibit A (proposed Language)
Site Plan
.
.
.
.
Action
Motion by _
Second by _
Vote
Follow Up
Case File: OA 07-12
Page 2
Ordinance Amendment
Phil Collins
General Information
Applicant
60 Day Rule
Requested Action
Location and Size
Phil Collins - Collins Brothers Towing
The application has been deemed complete as of August 10,
2007. The City must take action by October 5, 2007
Ordinance Amendment
All 1-2 zoning districts
Overview
Currently there is conflicting information regarding accessory structures. Per Section 30-1292 & 30-
1293, accessory structures are not allowed in either I-lor 1-2 industrial zoning districts. Yet, section
30-1312 (Accessory Structure Setbacks) of the city code does provide setback requirements for the
industrial zoned districts, but again both zoning districts do not list "accessory structures" as
allowed.
The applicant is asking for an Ordinance Amendment to allow accessory structures specifically in
the 1-2 Medium Industrial zoning districts. The applicant would like to construct an accessory
structure for storage of company vehicles. They operate a towing business.
The Planning Commission and City Council, as you may recall, reviewed a similar request for the
Business Park zoning districts and found that accessory structures were appropriate in the business
parks. Staff believes this request is the same in spirit and intent that the Business Park ordinance
amendment was. Both the Planning Commission and the City Council agreed that accessory
structures are appropriate in the Business Park zoning districts and the City Council did approve
that ordinance amendment.
This ordinance amendment request would affect all properties in the 1-2 zoning districts.
This a summary of what is being recommend:
1. Accessory Structures will be administratively permitted under accessory uses.
2. Accessory Structures would need to meet the design guidelines for the Medium Industrial zoning
district.
3. The maximum size allowed for an accessory structure shall be limited to 20% of the maximum lot
coverage.
4. Setbacks:
a. Front: 30-Feet
b. Side: lO-Feet
c. Rear: 10-Feet
5. Building height shall be limited to 60-feet.
Additionally, staff would request authorization to review the accessory structure requirements in all
commercial and industrial districts to confirm they still meet the City's expectation.
S:\PLANNING\Case Files\OA\OA 07-12 Collins Bras Towing\OA 07-12_PC.doc
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Case Number: OA 07-12
PHIL COLLINS
Collins Brothers Towing
P.O. Box 405
Elk River, MN 55330
(763) 241-9177
08-08-07
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
To Whom It May Concern:
We are writing for consideration of an ordinance amendment on the
property located at 16234 Jarvis St NW, Elk River, MN 55330. We are
currently operating Collins Brothers Towing on this property (see Land
Use Application for legal description of property). Our reason for this
request is to add additional inside vehicle storage and office space.
The building would be approximately 5400 square feet. This would
include office space of 1080 square feet. The remainder of 4320 square
feet would be used for vehicle storage. The actual dimensions of the
exterior of the new steel sided building would be 54' X 100' with a 4/12
pitched roof. The top of the peak would be 26'6". The current office,
which is 399 square feet, would be removed from the property once the
new office is functional.
Our hours of operation are 24 hours / 365 days per year as needed. We
currently have 6 full time employees. We currently have 6 parking
stalls. We would be adding 2 more.
There is no screening currently other than 3 large trees that would be
between the new building itself and Jarvis St. Other than the current
sign on the shop building, we will not be adding any additional signage.
The outdoor storage currently consists of a fenced impound lot that is
approximately 11735 square feet. The impound lot would be
reconfigured once the current office building is removed. This would
include adding fencing to close in the impound lot once the new building
is operational and the old office is removed. The current chain link
fence has screening already in accordance to our conditional use permit.
The impact to the site would be minimal. We would transplant one tree
from the current location to another area of the property. We would
need to bring in some clean fill to accommodate the new building.
We greatly appreciate your consideration in this matter. If you have
any further questions, please contact me at 612-221-3472.
Thank you,
.~~
Philip L. Collins
Collins Brothers Towing
763-241-9177
City of Big Lake
_ --L
Chapter 10 Zoning
Section 1061- 1-2 District
Subd.9. Manufacturing, compounding, assembly, packaging, treatment, or storage
of the following products or materials: brewing, cement, concrete, stone cutting, brick, glass,
batteries (wet cell), ceramic products, mill working, metal polishing and plating, paint (pigment
manufacturing), rubber products, plastics, meat packing, flour, feed, grain milling, sawmill, lime,
plaster of Paris, cloth and adhesives.
Subd. 10. Mill working.
Subd.11. Offices related to other allowed uses (limited to fifty (50) percent of the
principal structure.
Subd. 12. Office/warehouse.
Subd. 13. Personal wireless service towers an antennas as regulated by Section 1022
(Antennas) of this Ordinance.
Subd.14. Processing, fabricating, or providing a service provided the operations are
conducted entirely within an enclosed building and that the operation complies with performance
standards identified by Section 1032 (Performance Standards) of this Ordinance.
Subd.15.
Recreation, Public.
Subd. 16.
Radio and television stations.
Subd.17. Sexually Oriented Use-Principal, subject to the requirements of Section
1035 (Sexually Oriented Business) of this Ordinance and license requirements of the City.
Subd. 18.
Trade or business school, private.
Subd. 19.
Warehousing and indoor storage excluding explosives and hazardous
waste.
Subd. 20.
Wholesale showrooms.
1061.03: ACCESSORY USES: Subject to the applicable provisions of this Ordinance the
following are permitted accessory uses in a 1-2 District:
Subd. 1. Accessory antennas. Accessory antennas in conformance with Section
1022 (Antennas) of this Ordinance.
~
Subd.2. Accessory uses and structures incidental and customary to the uses
allowed as permitted, conditional, interim, and administrative permit in this Section.
I 061 - 2
-)
City of Big Lake
-
-
Chapter 10 Zoning
Section 1061 - 1-2 District
leaf-on conditions. Vegetative and topographic screening shall be
preserved, if existing, or may be required to be provided.
b. Accessory structures and facilities shall meet the required principal
structure setback and shall be centralized.
c. Uses that require short-term watercraft mooring for patrons must
centralize these facilities. and design them to avoid obstructions of
navigation and to be the minimum size necessary to meet the need.
1061.09: LOT AREA, HEIGHT AND SETBACK REQUIREMENTS: The following
minimum requirements shall be observed in the 1-2 District subject to additional requirements,
exceptions and modifications set forth in this Ordinance:
Subd.1.
5/1 0/06).
Lot and Setback Provisions: (Ord. 2004-19, 8/11/04, Ord. 2006-08,
Description Standard
Minimum Lot Area: 40,000 square feet
Minimum Lot Width: 100 feet
Accessory Structure Maximum Height: l7 feet
Maximum Building Coverage: 50%
Setback Description Principal Accessory Parking Parking
Structure Structure Adjacent to
"R" District
Front Yard: 40 feet N/A 20 feet 20 feet
Side Yard: 20 feet 1 0 feet 10 feet 20 feet
20 feet if
adjacent
to "R"
District
Rear Yard: 30 feet 10 feet 15 feet 20 feet
20 feet if
adjacent
to an "R"
District
Principal Arterial Road: 40 feet 20 feet
Minor Arterial Road: 40 feet
Collector Road: 40 feet
Rail Road Right-of-Way 1 0 feet
General Development Lake 50 feet
Recreational Development Lake 7 5 feet
Natural Environment Lake l50 feet
Top of Bluff 30 feet
River - Agricultural River (Elk River) 50 feet
River - Forested River CSt. Francis & Snake Rivers) l50 feet
Wetland Setback & Buffer 30 feet (from delineated boundary)
1061 - 12
P L YMO\.c.TV/
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Subd. 2. Commercial or business buildings and structures for a use accessory to the
principal use but such structure ~all not exceed thirty (30) percent of the gross floor space of the
principal use.
~
Subd. 3.
Fences as regulated by Section 21130 of this Chapter.
Subd. 4. Off-street parking and off-street loading as regulated by Section 21135 of
this Chapter, but not including semi-trailer trucks.
Subd.5. Radio and television receiving antennas including single satellite dish
TVROs two (2) meters or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio receivers, federally licensed
amateur radio stations and television receivers, as regulated by Section 21175 of this Chapter.
Subd. 6.
Signs as regulated by Section 21155 of this Chapter.
21455.07. CONDITIONAL USES: The following are conditional uses in a C-1 District
and require a conditional use permit based upon procedures set forth in and regulated by Section
21015 of this Chapter. Additionally, besides the specific standards and criteria which may be
cited below for respective conditional uses, each request for a conditional use permit shall be
evaluated based upon the standards and criteria set forth in Sections 21015.02, Subd. 5 and
21015.04 of this Chapter.
Subd. 1. Antennas not located on an existing structure or tower, as regulated by
Section 21175 of this Chapter.
Subd. 2. Convenience Grocery Markets with Prepared Food and Motor Fuel Sales
with Accessory Car Wash (no vehicle service or repair), provided that:
(a) Convenience/deli food is of the take-out type only and that no provision for
seating or consumption on the premises is provided. Furthermore, that the enclosed area
devoted to such activity, use and merchandise shall not exceed fifteen (15) percent of the
gross floor area.
(b) The storage, preparation and serving of food items are subject to the approval of
the Zoning Administrator who shall provide specific written sanitary requirements based
upon the applicable State and County regulations.
(c) That the proximate area and location of space devoted to non-automotive
merchandise sales shall be specified in the application and in the conditional use permit.
Outdoor display of merchandise shall be allowed by administrative permit, pursuant to
Section 21455.11, Subd. 5 of this Chapter. (Amended by Ord. No. 2006-04, 02/07/06)
(d) The off-street loading space(s) and building access for delivery of goods shall be
separate from customer parking and entrances and shall not cause conflicts with customer
vehicles and pedestrian movements.
21455-2
MOIJTI
-,
CHAPTER 16
"1-2" REA VY INDUSTRIAL DISTRICT
SECTION:
16-1: Purpose
16-2: Permitted Uses
16- 3: Permitted Accessory Uses
16-4: Conditional Uses
16-5: Interim Uses
16-1: PURPOSE: The purpose of the "1-2," heavy industrial, district is to provide for the
establishment of heavy industrial and manufacturing development and use which
because of the nature of the product or character of activity requires isolation from
residential or commercial use.
16-2: PERMITTED USES: The following are permitted uses in an "1-2" district:
[A] Any use permitted in the "I-I," light industrial, district.
[B] The manufacturing, compounding, assembly, packaging, treatment, or storage
of products or materials including: Breweries, cement, stone cutting, brick,
glass, batteries (wet cell), ceramic procucts, mill working, metal polishing and
platting, paint (pigment mfg.), vinegar works, rubber products, plastics, meat
packing, flour, feed grain milling, milling, coal or tar asphalt distillation,
rendering works, distillation of bones, sawmill, lime, gypsum, plaster of paris,
glue, size, cloth, and similar uses.
[C] Automobile assembly and major repair.
[D] Creamery and bottling plant.
[E]
Adult Use/Principal.
(#217, 1/13/92)
[F] Foundry.
16-3: PERMITTED ACCESSORY USES:
---)
[A]
Commercial or business buildings and structures for a use accessory to the
principal use but such use shall not exceed forty (40) percent of the gross floor
space of the principal use: - -
1. The parking requirements of Chapter 3, Section 5, are complied with in
full.
2. The off-street loading requirements of Chapter 3, Section 6, are
complied with in full. (#438, 1/13/06)
MONTICELLO ZONING ORDINANCE
16/1
MCJftJT I
[X] Dry cleaning establishments and laundries
[Y] Electric light or power generating stations, electrical and electronic products
manufacture, electrical service shops
[Z] Engraving, printing, and publishing
[AA] Jewelry manufacturing
[BB] Medical, dental, and optical laboratories
[CC] Storage or warehousing
[DD] Wholesale business and office establishments
[EE] Commercial/professional offices
[FF] Wholesale showrooms
[GG] Conference centers
[RR] Commercial printing establishments
15A-3:
PERMITTED ACCESSORY USES: The following are permitted accessory uses in a
"I-IA" District: (#298, 10/13/97)
--)a [A]
Commercial or business buildings and structures for a use accessory to the
principal use but such use shall not exceed thirty (30) percent of the gross
floor space of the principal use: ---.
I. The parking requirements of Chapter 3, Section 5, are complied with in
full.
2. The off-street loading requirements of Chapter 3, Section 6, are
complied with in full.
15A-4:
CONDITIONAL USES: The following are conditional uses in a "I-IA" District:
(Requires a conditional use permit based upon procedures set forth in and regulated
by Chapter 22 of this ordinance.) (#298, 10/13/97)
[A] Open and outdoor storage as an accessory use provided that:
I. The area is fenced and screened from view of neighboring residential
uses or, if abutting a residential district, in compliance with Chapter 3,
Section 2 [G], of this ordinance.
2. Storage is screened from view from the public right-of-way in
compliance with Chapter 3, Section 2 [G], of this ordinance.
3. Storage area is grassed or surfaced to control dust.
4. All lighting shall be hooded and so directed that the light source shall
not be visible from the public right-of-way or from neighboring
residences and shall be in compliance with Chapter 3, Section 2 [R], of
this ordinance.
5. The provisions of Chapter 22 of this ordinance are considered and
satisfactorily met.
MONTICELLO ZONING ORDINANCE
15A12
Bold Underlined = New
Strikethrough = Deleted
Exhibit A
Sec. 30-1293. 1-2 district.
(a) Purpose. The 1-2 district is intended to accommodate more intense manufacturing and
processing than would be allowed in the 1-1 district. Proposed uses would include
manufacturing, production, warehousing with heavy truck traffic and other uses which may
generate nominal off-site impacts.
(b) Permitted uses. Permitted uses in the 1-2 district are as follows:
(1) Offices.
(2) Wholesale businesses.
(3) Light manufacturing.
(4) Warehouses.
(5) Auto repair shops.
(6) Bottling and distribution.
(7) Research and design facilities.
(8) Medical, dental and optical labs.
(9) All uses allowed as a permitted use in the 1-1 zone.
(10) Dry cleaning establishment.
(c) Accessory uses. Accessory uses in the 1-2 district are as follows:
(1) Accessory Structures
alfB Temporary signs as permitted in section 30-851 et seq.
mf.27 Permanent signs.
a. One permanent area identification sign per neighborhood, subdivision, or development
not to exceed 64 square feet in sign area. The area identification sign shall be located on the
same premises as the development it identifies.
b. One on-premises freestanding business sign per premises, not to exceed two square feet
in sign area for each linear foot of street frontage up to a maximum of 64 square feet. Such
signs shall not exceed a height of 20 feet. Where a lot has in excess of 300 feet of street
frontage, one additional freestanding business sign will be allowed. These signs shall be
subject to the size and height limitations of the first allowed freestanding sign and may be
placed no closer than 150 feet to any other freestanding sign on the same premises. All
freestanding signs shall have a minimum setback of ten feet from any public right-of-way
measured to any portion of the sign and a minimum clearance of eight feet above any
vehicular use area and over any pedestrian use area.
c. One on-premises business wall sign per occupancy, not to exceed two square feet in sign
area for each linear foot of building frontage, up to a maximum of 128 square feet per
occupancy.
d. Advertising signs, which shall only be allowed subject to the following requirements:
1. Off-premises signs are prohibited within 100 feet of the intersection of the highway
right-of-way and any other right-of-way or driveway.
2. Advertising signs are prohibited within 1,200 feet of another advertising sign on the
same side of the right-of-way.
3. All advertising signs shall be erected with a single pole or monopole structural standard
and shall have underground wiring.
4. The base of any advertising sign must be landscaped with at least grass and must be
properly maintained.
5. Advertising signs shall not exceed 400 square feet in area or 25 feet in height as measured
perpendicularly from the height of the highest point of the sign structure to the grade level
directly below the sign. The existing grade may not be altered for the purpose of increasing
sign height.
6. Advertising signs shall be considered a principal use of the property. Existing advertising
signs must be removed when the parcel upon which they are situated is devoted to another
principal use.
7. The city shall perform a yearly inspection of the advertising devices to ensure compliance
of the advertising structure with the provisions of this subdivision and other provisions of
this article. The fee for the inspection shall be set by the city council by resolution.
8. Such advertising signs shall only be allowed in industrial zoned property adjacent to the
right-of-way for State Highway Number 10 and State Highway Number 169.
(d) Conditional uses. Conditional uses in the 1-2 district are as follows:
(1) Concrete/asphalt products and processing.
(2) Foundry, casting, or forging metals.
(3) Manufacturing, heavy.
(4) Animal and poultry processing.
(5) Freight and rail yards.
(6) Truck terminals.
(7) Junkyards, auto wrecking and storage, and salvage yards.
(8) Recycling processing centers.
(9) Grain and feed elevators and mills.
(10) Chemical storage/bulk storage of fuel, e.g., petroleum.
(11) Meat or fish packing.
(12) Water and sewage treatment.
(13) Outdoor storage area accessory to principal use.
(14) Bus, truck and implement storage, maintenance and repair.
(15) Sexually oriented land uses.
(16) Single-family residential dwelling units accessory to principal uses, provided that:
a. The nature of the principal use of the property makes it necessary or highly desirable
from both the property owner's and the city's perspective to have a 24-hour-a-day caretaker
or security person reside on the property.
b. The proposed dwelling unit is designed for and will be used exclusively by caretakers or
security personnel responsible for the security of the property and the principal use thereof.
c. The proposed dwelling unit will be occupied by no more than two persons, neither of
whom may be under 18 years of age.
d. There shall be only one dwelling unit per lot or, if one principal use is located on several
adjoining lots, per principal use.
e. The proposed dwelling unit will not exceed 800 square feet in size and will be located
within a building serving the principal use of the property which is no less than 10,000
square feet in size.
f. The principal use of the property is not of such a nature that it would be dangerous or
hazardous to residents of the proposed dwelling unit.
g. The proposed dwelling unit meets all other requirements of this Code and the Minnesota
Uniform Building Code for occupancy as a dwelling unit by a single family. The city council
may, if it finds it necessary to do so for the protection of the health, safety and welfare of
persons who may occupy the proposed dwelling unit, impose additional reasonable
requirements or conditions on the construction and use of the dwelling unit.
h. The conditional use allowing such a dwelling unit in an industrial zone is deemed to be
unique to the principal use of the property and the ownership of the property and the
principal use. Any conditional use permits granted under this section shall therefore
automatically expire if the principal use of the property changes or the ownership of either
the property or the principal use of the property changes.
(17) Temporary structures.
(18) Government buildings and facilities.
(19) Ministorage.
(20) All uses allowed as a conditional use in the 1-1 zone.
(21) Governmental offices.
(e) Architectural standards. No provisions of section 30-938 except subsection 30-938(2)
pertaining to exterior building fInish and subsection 30-938(3) pertaining to roofing
standards applies to this district.
(Code 1982, ~ 900.12(15); Ord. No. 05-08, ~ 1,4-4-2005)
Sec. 30-1311. Principal structures.
Principal structures shall comply with the following dimensional regulations:
TABLE INSET:
Building Setbacks
Zoning Minimum Lot Lot Front Side Rear Maximum
Lot Maximum
District Requirements Width Setback Setback Setback Coverage Height
(feet) (feet) (feet)
1-1 1 1 acre 100 30 25 20 40% 45
feet
1-2 1 1 acre 100 30 25 20 40%~ 60
feet
BP 1 1 acre 30 2 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.
3 Of which up to 20% of maximum lot coverage can be applied towards accessory
structures.
Sec. 30-1312. Accessory structure setbacks.
Accessory structures shall comply with the following dimensional regulations:
TABLE INSET:
Front Side Rear Maximum Maximum Agricultural
District Setback Setback Setback Square Height Fences Buildings
(feet)
(feet) (feet) (feet) Footage (feet) (feet)
1-1 30 10 10 40 0 --
1-2 30 10 10 20% of max 60 0
allowed3 --
BP 301 10 10 1,2002 15 -- --
1 Must be 35 feet if along arterial or collector street. An accessory structure shall not
be allowed in front yard.
2 Only one (1) accessory structure shall be allowed.
3 Accessory structures not to exceed 20% of the maximum lot coverage of the
principal structure.
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