6.5. SR 12-17-2007~1i
Elk
River
REQUEST FOR ACTION
To Item Number
Ci Council 6.5.
Agenda Section Meeting Date Prepared by
Community Development December 17, 2007 Jeremy Barnhart, AICP
Plannin Mana er
Item Description Reviewed by
Request by City of Elk River for an Ordinance Amendment to
Section 30-1583 of the Code of Ordinances Relating to Reviewed by
Commercial Reserve (CRT) Transitional -Public Hearing
Case No OA 07-13
Action Requested
Approval of ordinance establishing a consistent period for interim uses in the CRT, establishing the
ability to require an escrow to ensure conditions are followed, and allowing as an interim use outdoor
storage, provided it is accessory to a permitted, conditional, or interim use.
Summary
The ordinance as drafted is consistent with the direction given by Council to allow outdoor storage, but
also protect the long term development of the area.
Planning Commission Discussion
The Planning Commission felt comfortable with the text as drafted, balancing the rights of the property
owners to use their property with the City's goal of cohesive, well planned development in the future.
Public Comment
None
Attachments
• Staff Report to Planning Commission dated December 11, 2007.
• Ordinance
Action Motion by Second by Vote
Follow Up
S:\PLANNING\Case Files\OA\OA 07-13 TCR Amendment\Action Requested - CC.doc
City of
El .
River
REQUEST FOR ACTION
To Item Number
Plannin Commission 5.6.
A enda Section Meeting Date Prepared by
Plannin Items December 11, 2007 erem Barnhart, Plannin Mana er
Item Description Reviewed by
Request by City of Elk River for an Ordinance Amendment to
Section 30-1562 of the Code of Ordinances relating to Reviewed by
Commercial Reserve (CRT) Transitional -Public Hearing
Case No OA 07-13
Action Reavested
Staff does not recommend amending the ordinance allowing interim contractor's yards. Should the
Planning Commission and/or 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.) Wind generators
(3.) Cooperative gardening in preserved open space
(4.) Gravel Honing
(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 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
This item was originally on the November Planning Commission agenda, but the accompanying
discussion was folded into a larger rezoning question, which dominated the meeting.
Since then, the City Council has rezoned certain areas of the city to CRT, this amendment would
immediately impact those properties.
Case File: OA 07-13
Page 2
Financial Impact
None
Attachments
None
Analysis
Commercial Reserve Ordinance
City of Elk River
Staff has prepared an ordinance as directed b y the City Council. Should the Planning Commission and
City Council feel interim use permits are acceptable and appropriate, staff would suggest the attached
language, including the needs far escrow, and a firm time limit.
During the original workshop discussion with City Council, Staff voiced its concerns with interim use
permits. Staff recommends not allowing the development of new businesses in these areas until a land
use plan has been completed, believing that scattered development will severely negatively impact
development and planning efforts in the area.
It's fair to note that there are several other interim uses already outlined in the CRT zoning districts. In
drafting the original ordinance, these were chosen out of the already listed conditional uses in the A-1
zoning district, having the greater potential or need for capital improvements, and impact on the
comprehensive planning efforts in the future. These were included out of a desire not to create any non-
conforming uses in the study area.
Action Motion by Second by Vote
Follow Up
S:\PLANNING\Case Files\OA\OA 07-13 TCR Amendment\Commercial Reserve Ordinance amendment to PC 12-11-07.doc
ORDINANCE 07-
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTIONS
30-1583 OF THE ELK RIVER CITY CODE RELATING TO THE INTERIM
USES, MINIMUM LOT REQUIREMENTS, AND ACCESSORY STRUCTURE
SETBACKS IN THE CRT -COMMERCIAL. RESERVE TRANSISTIONAL
ZONING DISTRICT.
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. 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 permitted for no more than 5 years or when the proper 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.) 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 article.
(7.) Commercial recreations facilities;
(8.) Veterinary clinics commercial kennels;
(9.) Conditional Home Occupation;
(10.) Business and professional offices with a ~maxirnum dross 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 accesso , 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 17th day of December, 2007.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk