6.5. SR 11-19-2007REQUEST FOR ACTION
To Item Number
Ci Council 6.5.
Agenda Section Meeting Date Prepared by
Community Development November 19, 2007 Jeremy Barnhart, AICP
Plannin Mana er
Item Description Reviewed by
Ordinance Amendment Request by City of Elk River to Section
30-1583 of the Code of Ordinances Relating to: Commercial Reviewed by
Reserve Transitional -Public Hearing-Case No. OA 07-13
Action Requested
Approve ordinance amendment as written allowing outside storage as an interim use accessory to
permitted, conditional, ox interim uses allowed ut the CRT and establishing the time limit proposal based
on five years or platting of the pxopexry.
Summary
At the October City Council work session, the Council directed staff to prepare an ordinance amendment
that would allow outside storage fox a parcel currently guided Commercial Reserve, but zoned
Agricultural Conservation. This was based on a request from a property owner, Mike Leuex, to allow a
contractors yard and business office near 217`" and 219`h, east of 169. The Council felt comfortable with
an interim use tag fox the uses, but did not feel that this would be appropriate in all agxiculmxal zoned
properties.
Planning Commission Discussion
The Planning Commission held a public hearing on November 13, 2007. The Commission did not raise
any substantial issues with the use of outside storage, but concurred with the suggested time limits. The
majority of the discussion focused on the proposed rezoning of the pxopexry, from A-1 to CRT.
Public Comment
During the public hearing, no comments were received directly addressing the proposed amendment to
the ordinance. Some members present, most notably Mike Leuer, noted that five years was too soon a
sunset fox an interim use and no business could be successful in that time period.
The Council should note that the interim uses in the CRT district axe intended to preserve what is there
today and to temper private investment until the City completes visioning and planning fox the area.
Long uitexim uses only impede the development and redevelopment of the area.
S:APLANNING\Case FlesAOAVOA 07-13 TCR Amendment\Action Reques[ed- CAl' amendmentdoc
Attachments
• Staff Report to Planning Commission dated November 13, 2007
• Ordinance
Action Motion by Secoad by Vote_
Follow Up
S-\PLANNINGVCase Fdes\OA\OA ~7-13 TCR AmwdmentVAction Requested -CRT aznendmencdoc
SALE COPY
El REQUEST FOR ACTION
River
To Item Number
Plamiin Conmzission 5.2.
Agenda Section Meeting Date November Prepared by
Planning Items 13, 2007 Jeremy Barnhart, Plannin Mana ex
Item Description Reviewed by
Request by City of Elk River fox an Ordinance Amendment to
Section 3D-1562 of the Code of Ordinances relating to Reviewed by
Commercial Reserve (CRT) Transitional -Public Hearing
Case No OA 07-13
Action Requested
Staff does not recommend amending the ordinance allowing interim contractor's yards. Should the
Platuung Commission and/ox City Council feel contractor yards appropriate, Staff supports the
ordinance language as written. New text in Bold.
(d). Interim Uses. Interim Uses shall be permitted for no more than5 years, or when the property is
platted, which ever occurs first. The City may require a escrow to ensure the conditions of the
Interim use are adhered to.
(1.) Roadside sales stands
(2.) Wmd 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 commerdal kennels;
(9.) Conditional Home Occupation;
(10.) Business and professional offices with a maximum 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.
(14.) Outdoor Storage, provided accessory to a permitted, conditional, or interim use.
Background/Discussion
In July of this yeaz, the City Council adopted Ordinance 07-O1, creating a new transitional coning district
fox the areas of the City guided by the 2004 Comprehensive Plan as Commercial Reserve. The intent of
these areas was to reserve land for future 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 ox buildings.
ORDINANCE 07-_
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION
30-1583 OF THE ELK RIVER CITY CODE REGULATING INTERIM USES
IN THE CRT -COMMERCIAL RESERVE TRANSISTIONAL ZONING
DISTRICT
The City Council of the City of Elk River does hereby ordain as follows:
Section L That Section 30 -1583 (d) of the Elk River City Code regulating interim
uses in the CRT Zoning District, shall be amended to read as follows:
(d). Interim Uses. Interim uses shall be permtted for no more than five years, ox when the property
is platted, whichever occurs first The City may require an escrow to ensure the conditions of the
Interim use aze adhered to.
(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 maximum grass 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.
(14.) Outdoor Storage, provided accessory to a permitted, conditional, or interim use.
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 19~ day of November, 2007.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allazd, City Clerk