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7.17. SR 07-15-1996City of · lveg : FROM: DATE: SUBJECT: IT~ 7.17. MEMORANDUM Mayor & City Council .^ Scott Harlicker, Planning Assistan~~ July 15, 1996 Request for Ordinance Amendment by the City of Elk River Regarding Permitted and Conditional Uses in the I-1 and I-2 Districts and Definition for Light/Heavy Manufacturing, Public Hearing Case No. OA 96-4 Issue Consider a request by the City of Elk River to amend Section 900.08 and 900.12 of the City Ordinance relating to definitions, light industrial and medium industrial uses, and highway commercial uses. Attachments · Ordinance 96- · Report to Planning Commission dated June 25, 1996 Background There has been some discussion regarding the types of uses that are allowed in the light industrial and medium industrial zoning districts. Currently there are a number of uses allowed in both zones with little differentiation between the two. The two industrial zones were established to serve different purposes; so it would seem appropriate that the overlapping of allowed uses should be minimized. The purpose of the I1 District is to serve as a transition between more industrial uses, residential and other business uses. The district is appropriate for manufacturing, warehousing and similar industrial uses. The industries should be compatible with each other and with surrounding land uses. The I2 District, on the other hand, is intended to accommodate more intense manufacturing and processing than would be allowed in the I1 District. These uses may tend to generate more off-site impacts than those allowed in the I1 District. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 There has also been some discussion regarding the types of uses that are currently allowed in the highway commercial zone. There are two uses listed that would appear to be more appropriate for the two industrial zones. Truck terminals and enclosed storage and warehousing are uses that are industrial in nature and appearance and are better suited for industrial zones. Overview In an attempt to develop a list of allowable uses that better reflect the stated purposes of the two industrial districts, staff reviewed other ordinances and incorporated some of the uses found in those ordinances with uses found in our ordinance. Deleted from the I1 and I2 zones were kennels, rendering plants and airports. In the C3 (Highway Commercial) zone, truck terminals and enclosed storage and warehousing were deleted as conditional uses and incorporated as allowed uses in the I1 and I2 zones, warehousing as a permitted use in the I1 and I2 zones, and truck terminals as a conditional use in the I1 and I2 zones. Enclosed storage was replaced with the term mini-storage and included as a conditional use in the I1 zone and a permitted use in the I2 zone. Planning Commission Meeting At the June 25, 1996 Planning Commission meeting no one spoke at the public hearing. The Commission wanted the uses allowed I2 zone be cumulative to include all the uses allowed in the I1 zone. To clarify the cumulative nature of the I2 zone, the Commission made the following changes to the ordinance that was proposed by staff: · Include the statement "All uses allowed as a permitted in the I1 zone" as a permitted use in the I2 zone. · Include the statement "All uses allowed as a conditional use in the I1 zone" as a conditional use in the I2 zone. The Commission also discussed whether animal, nutrition and agricultural research should be allowed as a conditional use in the industrial zones. After lengthy discussion regarding the merits of agricultural uses in the industrial zone and the possibility of another business, other than Cargill, developing industrial land under the animal, nutrition and agricultural research definition, the Commission recommended the following change to the ordinance: Include Animal, Nutrition and Agricultural Research as a conditional use in the I1 and I2 zone. Recommendation The Planning Commission recommend approval of the attached ordinance amending permitted and conditional uses in the I1 and I2 zoning districts, amending conditional uses in the C3 zoning district and establishing new definitions for light industrial and heavy industrial. Staff concurs with the Planning Commission's recommendation with the exception of including "animal, nutrition and agricultural research" as a conditional use in the 11 and I2 zones. Staff believes that this use, even though it involves research and development, is principally an agricultural use not industrial in nature and should not be included as a conditional use in the I1 and I2 zones. The underlying decision here seems to be whether to allow agricultural uses in industrial zones. If the decision is to allow agricultural uses in industrial zones, then consideration should be given to including the use "animal, nutrition and animal research" as a conditional use. If the Council does not desire to have agricultural uses in industrial zones, then the use should not be included. ORDINANCE 96- CITY OF ELK RIVER AN ORDINANCE AMENDING SECTIONS 900.08 AND 900.12 OF THE CITY OF ELK RIVER CODES OF ORDINANCE RELATING TO DEFINITIONS, PERMITTED, ACCESSORY AND CONDITIONAL USES IN THE I1 AND 12 ZONING DISTRICTS AND CONDITIONAL USES IN THE C3 ZONING DISTRICT CASE NO. OA 96-4 The City Council of the City of Elk River does hereby ordain as follows: Section 1. Section 900.08 of the City of Elk River Code of Ordinance titled, "Definitions" is hereby amended to read as follows: Manufacturing, Heavy: A use engaged in the basic processing, manufacturing, packaging, assembly, compounding or treatment of materials or products predominantly from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. Manufacturing, Light: A use engaged in the manufacture, fabrication, processing, packaging or assembly, predominantly from previously prepared materials, of finished products or parts, but excluding basic industrial processing. The above activities shall take place in a manner which will not produce offensive conditions observable from neighboring properties. Section 2. Section 900.12 (14) and Section 900.12(15) City of Elk River Code of Ordinance titled "Permitted, Accessory, and Conditional Uses" is hereby amended to read as follows: 14. I-1 Light Industrial A. Permitted Uses i. Offices ii. Warehouses iii. Research/design facilities iv. Wholesale businesses v. Medical, dental, optical labs vi. Light manufacturing B. Accessory Uses C. Conditional Uses Outdoor storage area accessory to principal use Single family residential dwelling units accessory to principal uses, provided: (1) That the nature of the principal use of the property makes it necessary or highly desirable from both the property owners and the City's perspective to have a twenty-four (24) hour a day caretaker or security person reside on the property. (2) That the proposed dwelling unit is designed for and will be used exclusively by caretakers or security personnel responsible for the security of the property and the principal use thereof. (3) That the proposed building unit will be occupied by no more than two persons, one of whom must be an immediate family member (husband, wife, father, mother, or child) or the owners of the principal use of the property and neither of whom may be under eighteen (18) years of age. (4) That there will be only one dwelling unit per lot or, if one principal use is located on several adjoining lots, per principal use. (5) That the proposed dwelling unit not exceed eight hundred (800) square feet in size and be located within a building serving the principal use of the property which is no less than ten thousand (10,000) square feet in size. (6) That the principal use of the property is not of such a nature that it would be dangerous or hazardous to residents of the proposed dwelling unit. (7) That the proposed dwelling unit meets all other requirements of the City Code and Uniform Building Code for occupancy as a dwelling unit by a single family. The City Council may, if it finds it necessary to do so for the protection of the health, safety, and welfare of persons who may occupy the proposed dwelling unit, impose s:\documentXordinanc\oa96-4.doc additional reasonable requirements or conditions on the construction and use of the dwelling unit. 15. I-2 (8) That the conditional use allowing such a dwelling unit in an industrial zone is deemed to be unique to the principal use of the property and the ownership of the property and the principal use. Any conditional use permits granted under this Section shall therefore automatically expire if the principal use of the property or the principal use of the property changes. iii. Recycling processing center iv. Bottling and distribution v. Mini-storage vi. Water/sewage treatment viii. Auto repair shop ix. Grain and feed elevators x. Multiple principal structures on one lot xi. Sexually oriented land uses xii. Temporary structures xiii. Government buildings and facilities xiv. Broadcasting studios and facilities xv. Animal, nutrition and agricultural research xvi. Truck terminals Heavy Industrial A. Permitted Uses ii. iii. iv. V. vii. viii. ix. Offices Wholesale businesses Light manufacturing Warehouses Mini-storage Auto repair shop Bottling and distribution Research and design facilities Medical, dental, optical labs x. All uses allowed as a permitted use in the I1 zone. B. Accessory Uses C. Conditional Uses i. Concrete/asphalt products and processing ii. Foundry, casting, forging metals iii. Manufacturing, heavy s:\document\ordinanc\oa96-4.doc iv. vii. viii. ix. X. xi. xii. xiii. xiv. XV. xvio Animal and poultry processing Freight and rail yards Truck terminals Junkyards, auto wrecking and storage, salvage yards Auto repair shops Recycling processing center Grain and feed elevators and mills Chemical storage/bulk storage fuel i.e. petroleum Meat or fish packing Water and sewage treatment Outdoor storage area accessory to principle use Bus and truck storage, maintenance and repair Multiple principal structures on one lot xvii. Sexually oriented land uses xviii. Single family residential building units accessory to principal uses provided: (1) That the nature of the principal use of the property makes it necessary or highly desirable from both the property owners and the City's perspective to have a twenty-four (24) hour a day caretaker or security person reside on the property. (2) That the proposed dwelling unit is designed for and will be used exclusively by caretakers or security personnel responsible for the security of the property and the principal use thereof. (3) That the proposed building unit will be occupied by no more than two persons, one of whom must be an immediate family member (husband, wife, father, mother, or child) or the owners of the principal use of the property and neither of whom may be under eighteen (18) years of age. (4) That there will be only one dwelling unit per lot or, if one principal use is located on several adjoining lots, per principal use. (5) That the proposed dwelling unit not exceed eight hundred (800) square feet in size and be located within a building serving the principal use of the property which is no less than ten thousand (10,000) square feet in size. s:XdocumentXordinancXoa96-4.doc (6) That the principal use of the property is not of such a nature that it would be dangerous or hazardous to residents of the proposed dwelling unit. (7) That the proposed dwelling unit meets all other requirements of the City Code and Uniform Building Code for occupancy as a dwelling unit by a single family. The City Council may, if it finds it necessary to do so for the protection of the health, safety, and welfare of persons who may occupy the proposed dwelling unit, impose additional reasonable requirements or conditions on the construction and use of the dwelling unit. (8) That the conditional use allowing such a dwelling unit in an industrial zone is deemed to be unique to the principal use of the property and the ownership of the property and the principal use. Any conditional use permits granted under this Section shall therefore automatically expire if the principal use of the property or the principal use of the property changes. ixx. Temporary structures xx. Government buildings and facilities xxi. All uses allowed as a conditional use in the I1 zone Section 3. Section 900.12 (12) City of Elk River Code of Ordinance titled "Permitted, Accessory, and Conditional Uses" is hereby amended as follows: 1. Section 900.12 (12) viii. Enclosed storage and warehousing is deleted 2. Section 900.12 (12) xiii. Truck terminals is deleted Section 4. That this Ordinance shall take effect and be in full force from and after the date of its publication. Passed and adopted this City of Elk River. __ day of ,1996, by the City Council of the ATTEST: Henry A. Duitsman, Mayor Sandra A. Thackeray, City Clerk s:\document\ordinancXoa96-4.doc ITEM 5.12. MEMORANDUM .ity of 'ver TO: Planning Commission FROM: DATE: SUBJECT: Scott Harlicker, Planning Assistant June 25, 199~' City of Elk River Request for Ordinance Amendment, Public Hearing Case No. OA 96-4 Issue Consider a request by the City of Elk River to amend Section 900.08 and 900.12 of the City Ordinance relating to definitions, hght industrial and medium industrial uses, and highway commercial uses. Attachments · Current ordinance relating to I1 (Light Industrial) uses, I2 (Medium Industrial) uses and C3 (Highway Commercial) uses · Ordinance 96- Overview Staff has been working on revising the list of permitted and conditional uses in the I1 and I2 zones as well as the removal of enclosed storage and warehousing and truck terminals from the C3 zone. Deleted from the I1 and I2 zones were kennels, rendering plants and airports. In the C3 (Highway Commercial) zone, truck terminals and enclosed storage and warehousing were deleted as conditional uses and incorporated as allowed uses in the I1 zone, warehousing as a permitted use, and truck terminals as a conditional use. Enclosed storage was replaced with the term mini-storage and included as a conditional use. The attached ordinance incorporates the Commission's suggestions and, to the extent possible, the uses in the I2 zone are cumulative and include those uses proposed for the I1 zone. s:planning\scott\indamd.doc lJ065 Orono Parkway · P.O. Box 490 · Elk River, MN 55JJ0 · (612) 441-7420 · Fax: (612) 441-742~ Recommendation It is recommended that the Planning Commission recommend approval of the' ordinance amending permitted and conditional uses in the I1 and I2 zoning districts, amending conditional uses in the C3 zoning district and estabhshing new definitions for light industrial and heavy industrial. EXISTING LIGHT INDUSTRIAL STATEMENT OF PURPOSE: This District shall serve as a transition between more industrial uses and residential and other business uses. This District is appropriate for manufacturins, warehousing, and similar industrial uses because of access to warehousing, thoroughfares, the full complement of urban services such as sewer and water, and distance from residential districts. These areas are intended to encourage the development of industrial uses which are clean, quiet, and free of hazardous or objectionable elements such as noise, odor, dust, smoke, ~lare, or other pollutants. These industries should be compatible with each other and with surroundin~ land uses. A. Permitted Uses i. Offices ii. Enclosed storage and warehousin~ iii. Research laboratories iv. Light manufacturing B. Accessory Uses C. Conditional Uses i. Junkyard and automobile wreckin9 and storage yards ii. Reserved iii. Renderin9 plants iv. Broadcasting studios and facilities v. Airports vi. Kennels vii. Truck terminals viii.Single family residential dwellin~ units accessory to principal uses, provided: (1) That the nature of the principal use of the property makes it necessary or highly desirable from both the property owners and the City's perspective to have a twenty-four (24) hour a day caretaker or security person reside on the property. 9.34 (2) That the proposed dwelling unit is designed for and will be used exclusively by caretakers or security personnel responsible for the security of the property and the principal use thereof (3) That the proposed building unit will be occupied by no more than two persons, one of whom must be an immediate family member (husband, wife, father, mother, or child) or the owners of the principal use of the property and neither of whom may be under eighteen (18) years of age. (4) That there will be only one dwelling unit per lot or, if one principal use is located on several adjoining lots, per principal use. (5) That the proposed dwel!in~ unit not exceed eight hundred (800) square feet in size and be located within a buildin~ servin~ the principal use of the property which is no less than ten thousand (!0,000) square feet in size. (6) That the principal use of the property is not of such a nature that it would be dangerous or hazardous to residents of the proposed dwelling unit. (7) That the proposed dwelling unit meets all other requirements of the City Code and Uniform Building Code for occupancy as a dwelling unit by a single family. The City Council may, if it finds it necessary to do so for the protection of the health, safety and welfare of persons who may occupy the proposed dwelling unit, impose additional reasonable requirements or conditions on the construction and use of the dwelling unit. (8) That the conditional use allowing such a doweling unit in an industrial zone is deemed to be unique to the principal use of the property and the ownership of the property and the principal use. Any conditional use permits granted under this Section shall therefore automatically expire if the principal use of the property or the principal use of the property changes. ix. Government buildings and facilities 9.35 Xo xi. xii. Sexually Oriented Land Uses. Temporary structures. Recycling processing center xiii. Screened outdoor storage areas accessory to a principal use EXISTING MEDIUM INDUSTRIAL STkTEMENT OF PURPOSE: This District is intended to accommodate mcre intense manufacturing and processing than would be allowed in the I-1 District. Proposed uses would include manufacturing, production, warehousing with heavy %.~uck traffic and other uses which may generate nominal offsite impacts. A. Permitted Uses i. Offices ii. Contracting yards iii. Grain and feed elevators and mills iv. Concrete products processing v. Animal and pou!t_--y processing · vi. Freight (rail) yards vii. Processing, and storage of natural resources viii. Research labs ix. Light m~ufacturing B. kccessor-f Uses C. Conditional Uses i. Junkyards and automobile wrecking and storage yards ii. T_~uck terminals iii. Reserved iv. Rendering plants v. Broadcasting studios and facilities vi. Ai_~ports vii. Kennels viii.Single family residential dwelling units accesso_~y to principal uses, provided: (!) That the nature of the principal use of the property make it necessary or highly desirable from both the property owners and the City's perspective to have a twenty-four (24) hour a ~ay caretaker or security person reside on the property. (2) That the proposed dwelling unit is designed for and will be used exclusively by caretakers or security personnel responsible for the security of the property and the principal'use thereof. (3) That the proposed dwelling unit will be occupied by no more than two persons, one of whom must be an immediate family member (husband, wife, father, mother, or child) or the owner of the principal use of the property and neither of whom may be under eighteen (18) years of age. (4) That there shall be only one dwelling unit per lot or, if one principal use is located on several adjoining lots, per principal use. (5) That the proposed dwelling unit not exceed eight hundred (800) square feet in size and be located within a building serving the principal use of the property which is no less than ten thousand (!0,000) square feet in size. (6) That the principal use of the property is not cf such a nature that it would be dangerous or hazardous to residents of the proposed dwelling unit. (7) That the proposed dwelling unit meets all other requirements of the City Code and the Uniform Building Code for occupancy as a dwelling unit by a single family. The City Council may, if it finds it necessary to do so for the protection of the health,, safety and welfare of persons who may occupy the proposed dwelling unit, impose additional reasonable requirements or conditions on the construction and use of the dwelling unit. (8) That the conditional use a!lowin~ such a dwelling unit in an industrial zone is deemed to be unique to the principal use of the property and the ownership of the property and the principal use. Any conditional use permits granted under this Section shall therefore automatically expire if the principal use of the property changes or the ownership of either the property or the principal use of the property changes. ix. xi. xii. Government buildings and facilities Sexually Oriented Land Uses Temporary structures Recycling processing center xiii. Screened outdoor storage areas accessory to a principal use EXISTING HIGHV,/AY COMMERCIAL STATEMENT OF PURPOSE: The purpose of the C-3 highway commercial district is to recognize the need for commercial establishments on or serving with immediate access to major highways. Permitted' land uses should take advantage of the highway access in a manner which other business districts are not afforded. In addition to retail ~nd commercial uses, quasi-industrial and wholesale enterprises that do not meet an industrial setting and have considerable customer contact are acceptable in the highway commercial district. A. Permitted Uses i. Governmental, business and professional offices ii. Retail shops and stores iii. Restaurants (Class I) iv. Hotels and motels Personal service establishments vi. Nurseries, produce markets, and garden centers which may include outdoor display vii. Convenience stores viii. Public parks ix. Financial Institutions B. Accessory Use~ i. Signs as are permitted in Section 900.22 ii. Off-street parking facilities iii. Off-street loading facilities iv. Telephone booths v. Private recreational facilities vi. Public shelters and essential services C. Conditional Uses i. Enclosed light manufacturing with related retail sales 9.29 ii. Car, implement, RV and marine sales iii. Nonprofit clubs, lodges, or halls iv. Licensed daycare facilities v. Institutional uses vi. Equipment rental businesses vii. Commercial recreational facilities viii.Enclosed storage and warehousing ix. Auto repair shops x. Shopping centers ×i. On-sale liquor establishments xii. Governmental buildings and facilities xiii. Truck terminals xiv. Veterinary clinics xv. Car Washes x~i. Restaurants (Class II) x~ii.Motor vehicle service stations xviii.Motor vehicle specialty shops xix. Therapeutic massage and sauna establishments xx. Lumber Yard