3.3. SR 11-19-2007REQUEST FOR ACTION
To Item Number
Ci ~ Council 33.*
Agenda Section Meeting Date Prepared by
Consent Novcmbex 19, 2007 Chris Leesebex ,Planner
Item Description Reviewed by
Ordinance Amending Sections 30-1293, 30-1311 & 30-1312 to erem ~ Barnhart, Plannin Mana ex
Allow Accessory Structures in I-2 Zoning Districts Reviewed by
Action Requested
Motion to adopt ordinance amending sections 30-1293, 30-1311, and 30-1312 to allow accessory
structures in I-2 zoning districts.
Summary
On September 17, 2007, the City Council approved an Ordinance Amendment to allow accessory
structures in the I-2 zoning district.
Additionally, the Council authorized staff to review the accessory structure requirements in all
commercial and industrial districts to confirm they still meet the City's expectation. Staff will be working
on this with the Planning Commission at their workshop meetings in the coming months.
Attachments
• Staff Report to Planning Commission dated September 11, 2007
• Ordinance
AetlOn Motion by Second by Vote
Follow Up
5:AYLANNINGVCese PilesAOAVOA 07-12 Co1Gns Bms TowingVAction Aeques[ed-Post Planning Comm.dot
REQUEST FOR ACTION ~g~~
To Item Number
Plannin Commission 5.2
Agenda Section Meeting Date Prepared by
Plannin Items Se tember 11, 2007 Chris Leesebex , Paxk Planner
Item Description Reviewed by
Request by Philip Collins (Collins Bros. Towing) fox Ordinance ierem Barnhart, Plannin Mana er
Amendment to allow accessory structures in I-2 Zoning Reviewed by
Districts, Case No. OA 07-12 -Public Hearing
Action Requested
Staff recommends that the Planning Commission recommend approval of the proposed language as
shown in Exhibit A.
Background/Discussio n
The reason the applicant is requesting an amendment to allow accessory structures in the I-2 (Dlediutn
Industrial) zoning district is they want to add additional vehicle storage space for their towing business.
Attachments
• Location Map
• App]icant's Narrative
• Other City Ordinances
• Exhibit A (Proposed Language)
• Site Plan
ACtIOn Motion by Second by Vote
Follow Up
Case Pile: 0.9 07-t2
Page 2
General Information
Ordinance Amendment
Phil Collins
Applicant Phil Collins -Collins Brothers Towing
60 Day Rule The application has been deemed complete as of August 10,
2002 The City must take action by October 5, 2007
Requested Action Ordinance Amendment
Location and Size All I-2 zoning districts
Overview
Cuxxendy there is conflicting information regarding accessory structures. Pex Section 30-1292 & 30-
12)3, accessory structures are not allowed in either I-1 ox I-2 industrial zoning districts. Yet, section
30-1312 (Accessory Structure Setbacks) of the city code does provide setback requirements fox the
industrial zoned districts, but again both zoning districts do not list "accessory structures" as
allowed.
The applicant is asking fox an Ordinance Amendment to allow accessory structures specifically in
the I-2 Medium Industrial zoning districts. The applicant would like to construct an accessory
structure fox storage of company vehicles. They operate a towing business.
The Planning Commission and City Council, as you may recall, reviewed a sitnilax request fox the
Business Paxk 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 Paxk ordinance
amendment was. Both the Planning Commission and the City Council agreed that accessory
structures axe 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 I-2 zoning districts.
This a summary of what is being xecottunend:
1. Accessory Structures will be administratively pernritted 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: 10-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.
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ORDINANCE 07 - _
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 30-1293, I-2 DISTRICT;
SECTION 30-]311, PRINCIPAL STRUCTURES;
SECTION 30-]312, ACCESSORY STRUCTURE SETBACKS;
OF THE CITY CODE OF ORDINANCES
Case No. OA 07-12
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 30-1293. (c) titled "I-2 District" -Accessory uses, of the City of Elk River Code
of Ordinances shall be amended as follows:
Sec. 30-1293. I-2 district.
(a) Purj~ose. The I-2 district is intended to accommodate more intense manufacturing and processing
than would be allowed in the I-1 district. Proposed uses would include manufacturing, production,
warehousing with heavy truck traffic and other uses which may generate nominal off-site impacts.
(b) Permatted user. Pertnitted uses in the I-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 I-1 zone.
(10) Dry cleaning establishment.
(c) Accessory uses. Accessory uses in the I-2 district are as follows:
fll Accessory Struchxres
f2)_~1} Temporary signs as pem-ntted in section 30-851 et seq.
L3Lf~ Permanent signs.
a. One permanent area identification sign per neighborhood, subdivision, ox development not to
exceed 64 square feet in sign area. The azea 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 squaze 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 azea.
5:\PLANNING\Case Files\OA\OA 07-12 Collins Bros Towing\Fina1 Oxdinance.doc
c. One on-premises business wall sign per occupancy, not to exceed two square feet in sign azea fox
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 artide. 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 riser. Conditional uses in the I-2 district aze as follows:
(1) Concrete/asphalt products and processing.
(2) Foundry, casting, or forging metals.
(3) Manufacturing, hea~ry.
(4) Animal and poultry processing.
(5) Freight and rail yazds.
(G) Track terminals.
(7) Junkyards, auto wrecking and storage, and salvage yazds.
(8) Rerycling processing centers.
(9) Grain and feed elevators and mills.
(10) Chemical storage/bulk storage of fuel, e.g., peteoleum.
(11) Meat or &sh packing.
(12) Water and sewage teeatment.
(13) Outdoor storage azea 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 bV cazetakers 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 yeazs of age.
d. There shall be only one dwelling unit per lot ox, 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.
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g. The proposed dwelling unit meets all other requirements of this Code and the Minnesota
Uniform Building Code for occupanry as a dwelling unit by a single family. The city council may, if it
fmds it necessary to do so for the protection of the health, safety and welfaze of persons who may
occupy the proposed dwelling unit, impose additional reasonable requirements ox 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 pemuts granted under this section shall thexefom automatically expire if the principal
use of the property changes or the ownership of either the property or the principal use o£the
property changes.
(17) Temporary structures.
(18) Government buildings and fadllties.
(19) Ministoxage.
(20) All uses allowed as a conditional use in the I-1 zone.
(21) Governmental offices.
(e) Architectural rtandardr. 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, g 900.12(15); Ord. No. OS-08, ~ 1, 4-4-2005)
Section3. Section 30-1311. titled "Principal structures," of the City of Elk River Code of
Ordinances shall be amended as follows:
Sec. 30-1311. Principal structures.
Principal structures shall comply with the following dimensional regulations:
TABLE INSET:
Building Setbacks
Maximum
Minimum Lot Lot Front Side Reaz
Zoning Lot Maximum.
District Requirements Width Setback Setback Setback Coverage Height
(feet) (feet) (feet)
I-1 1 1 acre f00 30 25 20 40% 45
I-2 1
1 aae
f00
30
25
20 °
~/~
60
BP 1 1 acre 302 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. u~ t -~" f
3 Of which up to 20% of maximum lot coverage can be annlied towards accessory =='i
struchrres.
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Section3. Section 30-1312. titled "Accessory structure setbacks," of the City of Elk River Code of
Ordinances shall be amended as follows:
Sec. 30-1312. Accessory strucmre setbacks.
Accessory stmctures shall comply with the following dimensional regulations:
TABLE INSET:
Front Setback Side ear aximum Maximum
Fences Agricultural
District
(feet) Setback Setback Square Height
Eeet ]3uildings
(feet) (feet) Footage (feet) (feet)
I-1 30 10 10 40 0 --
/0 of max
I-2 30 10 10 u 60 0 --
a
P 30~ 10 10 1,2002 15 -- --
Must be 35 feet if along arterial or collector street. An accessory structure shall not be
allowed in front yard.
Only one (1) accessory structure shall be allowed.
Accessory structures not to exceed 20% of the maximum lot coverage of the principal
structure.
Section 4. 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 19th day of November, 2007.
Attest:
Tina Allard
City Clerk
Stephanie Klinzing
Mayor
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