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8.14. SR 08-19-1996Jty of iver MEMORANDUM ITEM 8.14. TO: FROM: DATE: Mayor & City Council Scott Harlicker, Planning Assistan~' August 19, 1996 SUBJECT: City of Elk River Request for Ordinance Amendment (I1 and I2 Uses), Public Hearing Case No. OA 96-4 Issue Request by the City of Elk river to amend Section 900.08 and Section 900.12 of the City ordinance relating to definitions for light and heavy manufacturing and allowed uses in the light industrial, medium industrial and highway commercial zones. Overview Staff has been examining the need to develop a list of allowable uses for the I1 and I2 zones that better differentiates between the two zones and better reflects their intended purposes. The proposed list of permitted and conditional uses does not include animal, nutrition and agricultural research as either a permitted or as a conditional use in the industrial zones. Attached is a copy of the July 15, 1996 memo to the Council that outlines in more detail the rational behind the proposed amendment and the Planning Commission's thoughts on this issue. Recommendation It is recommended that the City Council approve Ordinance No. 96-__ 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. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 ° Fax: (612) 441-7425 ity of · Iveco: FROM: DATE: SUBJECT: MEMORANDUM Mayor & City Council Scott Harlicker, Planning Assistant 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 I1 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 I2 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:XdocurnentXordinancXoa96-4.doc additional reasonable requirements or conditions on the construction and use of the dwelling unit. 111. iv. V. Vi. VIII. ix. X. xi. xii. Xlll. xiv. XV. (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. Recycling processing center Bottling and distribution Mini-storage Water/sewage treatment Auto repair shop Grain and feed elevators Multiple principal structures on one lot Sexually oriented land uses Temporary structures Government buildings and facilities Broadcasting studios and facilities Truck and implement sales I-2 Heavy Industrial A. Permitted Uses 111. V. vi. Offices Wholesale businesses Light manufacturing Warehouses Auto repair shop Bottling and distribution Research and design facilities Medical, dental, optical labs 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 iv. Animal and poultry processing s:XdocumentXordinanc\oa96-4.doc v. Freight and rail yards vi. Truck terminals vii. Junkyards, auto wrecking and storage, salvage yards viii. Recycling processing center ix. Grain and feed elevators and mills x. Chemical storage/bulk storage fuel i.e. petroleum xi. Meat or fish packing xii. Water and sewage treatment xiii. Outdoor storage area accessory to principle use xiv. Bus, truck and implement storage, maintenance and repair xv. Multiple principal structures on one lot xvi. Sexually oriented land uses xvii. 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. (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. s:\documentXordinancXoa96-4.doc (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. xiii. Temporary structures xix. Government buildings and facilities xx. Mini storage 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 3. Section 900.12 (12) ii. amended to read; car, RV and marine sales 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 Henry A. Duitsman, Mayor ATTEST: Sandra A. Thackeray, City Clerk s:XdocumentXordinanc\oa96-4.doc