6.5. SR 01-16-2001City of
River
MEMORANDUM
Item # 6.
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Scott Harlicker, Senior Planne~
January 16, 2001
Case No. OA 00-9
Request by the City of Elk River for Ordinance Amendment
Regarding Landscaping Contractor Yards
Request
Consider a request by the City of Elk River to amend the Zoning Code to create a
definition for landscaping contractor yards and to allow landscaping contractor
yards as a conditional use in the A1 (Agricultural Conservation) District.
Attachments
· Uses allowed in the A1 zoning district
· Zoning map showing A1 zoning district
Overview
Background
As a result of a recent request by a property owner to rezone certain property
from Agricultural to Highway Commercial, staff was asked to research the
possibility of amending the zoning code to allow landscaping businesses as a
conditional use in the A1 (Agricultural Conservation) District.
Currently, landscaping businesses are allowed as a conditional use home
occupation, but are not allowed as a separate principle use in the A1 district. A
review of our files indicated that there have been no conditional use permits
issued for landscaping businesses as a home occupation in the A1 zoning
district. However, Best Yard Services was granted a conditional use permit in
1999 to operate a landscape business as a home occupation in the Rla district.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone (763) 441-7420 · Fax (763) 441-7425
Memoto Mayorand City Council/OA 00-9
Janua~ 16,2001
Page 2
Analysis
As can be seen on the attached list of allowed uses, the zoning code does allow
a variety of Iow to medium impact commercial uses. Allowed, as permitted uses
are golf courses and licensed day care centers. Allowed, as conditional uses are
commercial recreation facilities, campgrounds, institutional uses, veterinary
clinics and feedlots. When compared to the uses allowed as a conditional use,
landscaping contractor yards would have fewer impacts than many of the other
uses allowed.
Traffic would be less of an impact than golf courses, commercial recreation
facilities, institutional uses and campgrounds. Traffic generated by this type of
use would be minimal. Employees arriving and departing the business would
generate most of the traffic. If some accessory retail sales were allowed, there
would be some traffic associated with that.
Limiting this use to unplatted property reduces the possibility for conflicts with
neighboring residences. Visual impacts, such as outdoor storage, could be
screened if it is an issue. However, outdoor storage of equipment and/or
materials is not unusual in an agricultural district. There would be few
environmental impacts like those associated with feedlots.
Plannin_cl Commission Meeting
At the Planning Commission meeting held on December 27, 2000 no one spoke
at the public hearing. The Commission discussed the possibility of including retail
sales as part of the definition. They decided not to include retail sales at this time
because it would make the definition too broad. Furthermore, if it were added as
an accessory use, it would be too difficult to enforce and it would be
problematical to determine when the retail sales had expanded to a point when it
was no longer an accessory use.
Recommendation
The Planning Commission and staff recommend the City Council approve the
attached resolution which establishes the following definition for landscaping
contractor yards and amends the zoning code to allow landscaping contractor
yards as a conditional use on unplatted property zoned Al:
Definition
Landscaping Contractor Yard - The use of land, buildings or structures for the
storage of equipment and materials, or as office space, in conjunction with the
operation of a landscaping business.
S:\PLANNING\SCOTT\OA00-9CC. DOC
ORDINANCE 01-
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTIONS 900.08 and 900.12.4 (C) iii OF THE CITY CODE OF ORDINANCES
CASE NO. OA 00-9
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.08 titled, Definitions, of the City of Elk River Code of
Ordinances shall be amended to include the following definition:
Landscaping Contractor Yard: The use of land, buildings or structures for the
storage of equipment and materials, or as office space, in conjunction with the
operation of a landscaping business.
Section 2. Section 900.12.4. (C) iii titled, Permitted, Accessory and
Conditional Uses By District, of the City of Elk River Code of Ordinances shall be
amended to read as follows:
4. A1 -Agricultural Conservation District
C. Conditional Uses
iii. Landscaping Contractor Yard provided:
a. That the use is on unplatted property
b. Screening of outdoor storage areas if the outdoor storage area is
within 50 feet of a property line.
Section 3.
by law.
That this ordinance shall take effect upon publication as provided
Passed and adopted by the City Council of the City of Elk River this __
January, 2001.
day of
Attest:
Stephanie Klinzing
Mayor
Sandra A. Peine
City Clerk
s:\planning\scott\ordoaOO9.doc
~ermitted, conditional or accessory) for a use not exl0ressly
d as permitted, conditional or accessory cr which involves a
ion of uses. An application for a determinaZion shall
submit o the Zoning and Building Administrator and
to the ~g Commission for recommendation and the for
decision. U: teterminations shall be based on
similarity to ~ing use classifications, become ~mure
binding force [ect and be maintained on fi[ the City
Clerk.
900.12 PERI~ITTED,
USES BY DISTRICT
1. FP - FloodDlain
Special standards and criter~
District shall be as set
Floodplain Overlay
.on 902 of the Code.
2. SL - Shoreland
.ay District
Special standarc
shall be as
cri'teria for tke Shor~
'th in Section 904 of the Cc
Overlay District
ild and Scenic River Overlay District
Spe
standards and criteria for the Wild and Scenic
District shall be as set forth in Section 906 of
A-1 - Agricultural Consez-vation District
STAT~ OF PURPOSE: The Agricultural Conservation District is
established for the purpose of preserving, promoting,
maintaining, and enhancing the use of land for commercial
agricultural purposes, to prevent scattered and leap-frog nonfarm
growth, to protect expenditures for such public services as roads
and road maintenance, and police and fire protection.
A. Permitted Uses
i. Agricultural uses (5 acre minimum lot size)
ii. Public parks, playgrounds and open space
iii. Facilities for flood and erosion control
iv. Horticultural uses
v. Golf courses and Country Clubs
vi. Single family dwellings
vii. Model homes in compliance with Section 900.20,
Subsection 13
9.19
Co
viii,Licensed day-care facilities for 12 or fewer
children
ix. Permitted home occupations
Truck tractor and/ct trailer parking (non-platted
parcels five (5) acres in size or greater)
xi. Open space preservation development plats
(residential clustering)
Accessory Uses
i. Accessory farm structures
ii. Public shelters and essential services
iii. Garages and sheds including metal skin buildings
iv. Private recreational facilities
v. Private kennels
Conditional Uses
i. Commercial recreational facilities
ii. Campground
iii. Reserved
iv. Feed lots
v. Institutional Uses
vi. Roadside sales stands
vii. Veterinary clinics and commercial kennels
viii. Cemeteries and memorial gardens
ix. Conditional home occupations
x. Airports
xi. Governmental buildings and facilities
xii. Temporary mobile homes consistent with Section
900.20
xiii.Reserved
xiv. Licensed day-care facilities for 13 or more
children in institutional buildings
9.20
xv. Agricultural uses (less than 5 acre lot size)
xvi. Truck tractor and/or trailer parking (platted
parcels or parcels less than five (5) acres in
size)
xvii. Wind generators
xviii. Cooperative gardening in preserved open space
xix. Horticulture and floriculture services in
preserved open space
xx. Private stables in preserved open space
xxi. Wayside stand in preserved open space
to acc(
followin~
OF PURPOSE: The Residential Districts are
ish the general purposes of this Ordinanc
~ecific purposes:
ablished
for the
A. T¢
zeserve living qualities of res ltial
B. To ens~
not limited
privacy, and
future high quality
~he provision of
~nience of acc
ties including, but
light, air,
to property.
C. To increase c
open space and recr
they serve.
renienc~
comfort by providing usable
ace on or near the housing units
D. To prevent addi
would damage the
residential areas
alterations of structures which
desirability of existing
E. To prote,
and apl
vehicle tr~
~esidentia! ar
in each area,
to the extent possible
unduly heavy motor
F. To
a wid~
owne ip.
courage a variety and ran(
of population densities
f dwelling types and
h emphasis on home
R-la -
le Family Rural Residential
to
OF PURPOSE: The Rural Residential
low for a "rural life-style" by permitting
dential development in areas that are marginal
agriculture. The R-la district is intended to be
is intended
ty
.onfeasible
a
9.21
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ZONING MAP
City of
Elk Lver
- I
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