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5.2. PCSR 09-11-2007REQUEST FOR ACTION To Item Number Plannin Commission 5.2 Agenda Section Meeting Date Prepared by Plannin Items Se tember 11, 2007 Chris Leeseber ,Park Planner ~i Item Description Reviewed by Request by Philip Collins (Collins Bros. Towing) for Ordinance erem 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/Discussion The reason the applicant is requesting an amendment to allow accessory structures in the I-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 Filc: OA 07-12 Page 2 General Information Ordinance Amrndmcnt Phil Collins Applicant Phil Collins -Collins Brothers Towing 60 Day Rule The application has been deemed complete as of August 10, 2007. The City must take action by October 5, 2007 Requested Action Ordinance Amendment Location and Size All I-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-1 or I-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 I-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 I-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: 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. S:API,ANNING\Casc Files\OA\OA 117-12 Collins Bros 'l'owing\OA 07-12_PC.doc ~ '. 1~~~1. 111 ~'H T.J j l`r I I ~~E i- '~ ~ ~ ' ~ ~ ~ ~ 1I ~/ Location Map N City of Elk -~-, ~`" Case Number: OA 07-12 PHIL COLLINS River Collins Brothers Towing P.O. Box 405 ~l~ River, MN 55330 (753) 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, VIN 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 off ce 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 Chapter 10 Zoning Section 1061 - I-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. 1~. 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. waste. Subd. 19. Warehousing and indoor storage excluding explosives and hazardous Subd. 20. Wholesale showrooms. 1061.03: ACCESSORY USES: Subject to the applicable provisions of this Ordinance the following are permitted accessory uses in a I-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. 1061 - 2 City of Big Lake Chapter 10 honing Section 1061 - I-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. e. 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 Al~iD SETBACK REQUIREMENTS: The following minimum requirements shall be observed in the I-2 District subject to additional requirements, exceptions and modifications set forth in this Ordinance: Subd.l. Lot and Setback Provisions: (Ord. 2004-19, 8/11/04, Ord. 2006-08, 5/10/06). Descri tion 'Standard Minimum Lot Area: 40,000 s uare feet Minimum Lot Width: ~ 100 feet '~ Accessor Structure Maximum Hei ht: 17 feet Maximum Buildin Covera e: 50% Setback Description ~ Principal Structure Accessory Structure I ~ Parking ~ i Parking Adjacent to , "R" District Front Yard: ~ 40 feet N/A 20 feet 20 feet Side Yard: 20 feet 10 feet 20 feet if adjacent to "R" District 10 feet 20 feet Rear Yard: 30 feet ~ 10 feet 20 feet if adjacent I to an "R" District 1 ~ feet ~ 20 feet I Princi al Arterial Road: 40 feet 20 feet Minor Arterial Road: 40 feet Collector Road: 40 feet Rail Road Ri ht-of-Wa 10 feet General Develo ment Lake 50 feet Recreational Develo ment Lake 75 feet ~ Natural Environment Lake 150 feet To of Bluff 30 feet River - A ricultural River Elk River) 50 feet River -Forested River St. Francis & Snake Rivers) 1 ~0 feet Wetland Setback & Buffer 1 30 feet (from delineated bound ) 1061 - 12 Pl.~ r~tv ~.-r~-/ Subd. 2. Commercial or business buildings and structures for a use accessory to the principal use but such structure shall 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. S. 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. (Arnended 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 (~[o~r'1 CHAPTER 16 "I-2" HEAVY hi iDU STRIAE 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 "I-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 "I-2" district: [A] Any use permitted in the "I-l," 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. [F] Foundry. 16-3: PERMITTED ACCESSORY USES: (#217, 1/13/92) [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) v10NTICELLO ZONING ORDINANCE 16/1 I~(~r~T/ [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] CommerciaUprofessional offices [FF] Wholesale showrooms [GG] Conference centers [HH] Commercial printing establishments 15A-3: PERMITTED ACCESSORY USES: The following are permitted accessory uses in a "I-lA" District: (#298, 10/13/97) [A] Commercial or business buildings and structares 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: 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-lA" 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: 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. 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 [H], of this ordinance. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. i~10NTICELLO ZONING ORDINANCE 1 jA/2 ,1~ ~;i, ~- b C_ (` _ ~ L ~ ~ ~, _ 1 ~ - M l J ~ ~ ~ ~ ~ ~ ~ ~ _~ I ,al t J .-_._-ii-' - ,£~ -~ ~.. L ~ ^ O V