5.2. PCSR 11-13-2007REQUEST FOR ACTION
To Item Number
Plannin Commission 5.2.
Agenda Section Meeting Date November Prepared by
Planning Items 13, 2007 Jeremy Barnhart, Planning Manager
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 Requested
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 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 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 year, the City Council adopted Ordinance 07-01, creating a new transitional zoning district
for 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 or buildings.
case File: OA o7-13 Commercial Reserve Ordinance
Page 2
City of l;lk River
No areas of the City are currently zoned CRT. (Staff anticipates presenting a formal rezoning request,
initiated by the city that would rezone the property from A-1 to TCR in the immediate future.)
In October, Staff received an inquiry from a property owner in the area of 219th Avenue, wishing to
construct a business office and associated outdoor storage yard. The property is currently zoned A-1 but
guided Commercial Reserve. The proposed use is not listed as a permitted or conditional use in the A-1
or CRT zoning district. As part of the policy discussion, the Council directed staff to review possible
changes to the ordinance that would allow contractors yards in the CRT, perhaps as an interim use. The
ordinance as attached suggests allowing outdoor storage yards as an interim use
Financial Impact
None
Attachments
None
Analysis
Staff has prepared an ordinance as directed b y the City Council. Should the Planning Commission and
City Council feel interim use permits axe acceptable and appropriate, staff would suggest the attached
language, including the needs for 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:\PLANNINU\Case Files\OA\OA 07-13 TCR Amendment\Commercial Reserve Ordinance amendment to PC 11-13-07.doc