7.5. SR 11-18-1996ty of
·
Vel/o:
FROM:
DATE:
SUBJECT:
ITEM 7.5.
MEMORANDUM
Mayor and City Council /~/
Scott Harlicker, Planning Assistant~t~
November 18, 1996
City of Elk River Request for Ordinance
Amendment to Allow the Sale of Gasoline
as a Conditional Use in the C4 Zoning
District, Public Hearing Case No.
OA 96-14
Request
Consider a request by the City of Elk River to amend the zoning code to allow
the retail sale of gasoline as a conditional use in the C4 (Neighborhood
Commercial) zoning district and eliminate motor vehicle specialty service
stations as a conditional use in the C4 district.
Attachments
· Ordinance 96-
· Copy of Ordinance 95-31 establishing the C4 district
· Report to Planning Commission dated 10/22/96
Background
The neighborhood commercial district was established with the purpose of
servicing surrounding residential neighborhoods and businesses within the
immediate area with convenience retail sales and personal services. There are 2
areas of the City that are currently zoned C4; they are located on the north side
of Highway 10 at the intersection with Joplin Street and on the northwest
corner of the intersection of 193rd Avenue and Highway 169.
Currently the retail sale of gasoline is only allowed with a conditional use
permit for a motor vehicle service station. It is treated this way because motor
vehicle service stations are the only use that currently includes the retail sale of
gasoline. This glitch in the ordinance makes it necessary for businesses such as
Super America or Holiday to apply for a conditional use permit for a motor
vehicle service station in order to sell gasoline. It is the intent of the proposed
ordinance amendment to make the retail sale of gasoline a conditional use. Since
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
motor vehicle service stations includes the servicing of vehicles, which would not
be appropriate for a neighborhood commercial zone, the proposed amendment
would make it possible for convenience stores to sell gasoline and not be
classified as a motor vehicle service station.
Since the retail sales are a permitted use, a business such as Tom Thumb or a
Brooks Superette, if they did not sell gasoline, would be allowed as a permitted
retail use. If they decided to sell gasoline, that would trigger the need for a
conditional use permit. The plan would then be reviewed by the Planning
Commission and City Council.
If retail sale of gasoline were allowed as a conditional use, the impact of traffic,
which is often the main concern, can be addressed during the process of applying
for the conditional use permit. If it turns out that traffic will be a problem, the
number of pumps could be limited and the facility scaled down to meet the
character of the surrounding area.
On a related matter, this discussion of including gasoline sales as a conditional
uses leads to another auto related use that is currently allowed as a conditional
use, motor vehicle specialty service station. Businesses which fit this definition
include Midas Muffler, Tires Plus, Goodyear and Firestone Service Centers and
Car X. These high volume repair centers are currently allowed in the C4 district
even though they are not scaled to service the surrounding area but draw
customers from the whole Elk River area. It is suggested that the Council
consider ehminating motor vehicle specialty service stations as a conditional
use in the C4 district. Staff believes that motor vehicle specialty service stations
were mistakenly included in the C4 district. The intent was to include motor
vehicle service stations (gasoline sales) when the ordinance was originally
prepared.
Planning Commission Meeting
At the Planning Commission meeting held on October 22, 1996, six people spoke
at the pubhc hearing. The 4 who spoke against the ordinance felt that there are
already enough places in the City to buy gasohne. They were not against the
sale of gasohne as a conditional use in the C4 district, they just felt that there
are an abundance of places to buy gas near the existing C4 districts and the city
does not need any more. Their comments were site specific and directed at the 2
existing C4 districts. Two people spoke in favor of gasohne sales. No one spoke
against ehminating motor vehicle specialty service stations from the C4 district
and two people said they were in favor of it.
Memo to the Mayor and City Council
November 18, 1996
Recommendation
Page 3
The Planning Commission and staff recommend that the City Council approve
Ordinance 96-__ amending the C4 (Neighborhood Commercial) district to add
the retail sale of gasoline as a conditional use and eliminate motor vehicle
specialty service stations as a conditional use.
s:\planning\scottXoa9614cc.doc
ORDINANCE 96-
CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 900.18
OF THE CITY OF ELK RIVER CODE OF ORDINANCES
SCHEDULE OF DIMENSIONAL REGULATIONS
CASE NO. OA 96-14
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.12 (13) (c) - C4- Neighborhood Commercial,
Conditional Uses, of the Elk River Code of Ordinances is hereby amended to
eliminate Motor vehicle specialty service stations as a conditional use.
Section 2. Section 900.12(13)(c) - C4 - Neighborhood Commercial,
Conditional Uses, of the Elk River Code of Ordinances is hereby amended to
read as follows:
i. Retail sale of gasoline
Section 3. That this Ordinance shall take effect and be in full force
from and after the date of its publication.
Passed and adopted this __
the City of Elk River.
day of
., 1996, by the City Council of
ATTEST:
Henry A. Duitsman, Mayor
Sandra A. Thackeray, City Clerk
s:XdocoumentXordinance\oa96-14.doc
ORDINANCE 95- 31
CITY OF ELK RIVER
AN ORDINANCE A-~IENDING SECTION 900.12 OF THE CITY OF ELK
RIVER CODE OF ORDINANCES ESTABLISHING A
NEIGHBORHOOD COB{MERCIAL ZONING ORDINANCE
The City Council of the City of Elk tliver does hereby ordain as follows:
Section 1: Section 900.12 of the Elk tliver Code of Ordinances is
he.r. eby ~mended to add the following section, which shall reacl as follows:
C4 - Neiqhborhood Commercial
STATEMENT OF PURPOSE: The purpose of the C4-Nei~b~orhood
Commercial district is to provide land use opportunities to
attract convenience retail stores, and personal service
establishments. It is intended that this district primarily
serves surroundin~ residential neighborhoods and businesses within
the immediate area. Neig-hborhood Commercial districts shall be
located adjacent to collector or arterial streets so that traffic
does not impact local streets. In order for development to occur
within this district, public sanitary sewer, storm sewer, and
municipal water must be available and hooked up in order to occupy
the particular business.
A. PermitTed Uses
1. Convenience retail sales of goods and services
2. Dry cleaning and laundry establishments
Personal se_-vice and repair establishments such as
barber and beauty shops,_ shoe repair, ~c.~
4. Printin~ shops and pub!ishin~ shops
B. Accessory Uses
Uses customarily incidental to the permitted or
ccndi~ionai uses allowed in this district
2. Off-stree5 parking areas
3. S~cm~_s__.. as _~=c-u~=~=d___~ in the Elk River zoning ordinance
Do
Condi~icna! Vses
1. Motor vehicle specialty service stations
2 Car wash facilities
3 Daycare centers
4 Educational/institutional uses
5 Off-sale liquor stores
6 Class 1 and Class 2 restaurants
7 Financial institution
Mortuaries, funeral homes
Lot Standards
t. Minimum lot area - one (!) acre.
2. Minimum frontage - 150 feet.
3. Minimum depth - 150 feet.
4. Maximum building height shall not exceed 2 stories or
30 feet, whichever is less.
5. Maximum lot coverage by building shall not exceed
thirty-five percent, (35%).
Bui!din~ Setback
i. Front yard setback - 25 feet.
2. Side yard setback - 20 feet.
3. Rear yard setback - 20 feet.
4. The yard adjacent to any residential district shall
have a minimum setback of thirty (30) feet.
Parkinc and Driveway Setback
!. Front yard - twenty-five (25) feet.
2. Side yard - ten (i0) feet.
Go
3. Rear yard - twenty (20) feet.
4 o
The yard adjacent to any residential district shall
have a minimum setback of twenty-five (25) feet.
Architectural Standards
Major exterior surfaces of all walls shall be face
brick, stone, glass, stucco, architecturally treated
concrete, or decorative block, or an approved
eqfuivalent material as approved by the Zoning
Administrator.
Sicnnaae
Notwithstanding the provisions of Section 900.22 (Sign
Ordinance) the following requirements shall be met:
a. General Guidelines
Ail signs within a.neighborhood commercial
development must consist of materials and a
design which compliments the architectural
elements of the principal building and
character of the project.
2 o
Ail freestanding signs shall have a minimum
ten (!0) foot setback from all property
lines.
o
Prior to installing any signs, a sign permit
must be obtained from the City of Elk River
P!ar~ning Department.
b. Freestandinc Sicn
Ail freestanding signage shall consist of a
monument style sign. A maximum height of
ten (!0) feet along collector streets and a
maximum height of twenty (20) feet along
arteria! streets, with a maximum area cf
one-hundred (!00)s.~uare feet.
c. Wall Sicm..s ~Freestandinc Sites)
Wall signage for each freestanding building
must consist of individual letters and shall
not have mcre than one (!) wall si_cm, for
each principal building.
2 o
The ~ross surface area of a wall si.cm for
freestanding buildings shall not exceed ten
(i0) percent of the area of a building wall,
including doors and windows, to which the
sign is to be affixed.
Wall Sicms IMu!ti-Tenant Bui!dinc)
Fascia signs for individual retail tenants
shall be for store identity only.
2 o
Capital letters shall be no larger than 36"
high, lower case letters shall be no larger
than 24' high. Signs may be located on the
building in a symmetrical manner, but in no
case shall they extend closer than 2'0" from
the projected lease line.
Passed and adopted by the Elk River City Council this 18th day of
December, 1995.
pc:c4ordamd
ATTEST:
/~;nrf7 A. Duitsman, Mayor
/ /
ity of
·
lvel¢°:
FROM:
DATE:
MEMORANDUM
ITEM 6.3.
Planning Commission
,/
Scott Harlicker, Planning Assistan~
October 22, 1996
SUBJECT:
City of Elk River Request for Ordinance
Amendment to Allow the Sale of
Gasoline in the C4 District, Public
Hearing Case No. OA 96-14
Request
Consider a request by the City of Elk River to amend the zoning code to allow
the sale of gasoline as a conditional use in the C4 ( Neighborhood Commercial)
zoning district.
Attachments
· Ordinance No. 96-
· Copy of Ordinance No. 95-31 establishing the C4 district
Background
The neighborhood commercial district was established in December 1995. It's
purpose is to service surrounding residential neighborhoods and businesses
within the immediate area with convenience retail stores and personal service
businesses. Among the allowed uses are convenience retail sales as a permitted
use and motor vehicle specialty service stations as a conditional use. Currently
the sale of gasoline is not allowed.
There are two areas of the City that are currently zoned C4; they are located on
the north side of Highway 10 at the intersection with Joplin Street and on the
northwest corner of the intersection of Highway 169 and 193rd Avenue. Both of
these areas are adjacent to single family residential zones. Another example of
neighborhood commercial is the convenience center at the southwest corner of
Joplin and Highway 10. This was developed under business park standards;
however, is a good example of what neighborhood commercial may consist of.
Existintz Definition
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Memo to the Planning Commission
October 22, 1996
Page 2
Currently convenience stores such as Super America, Cenex and Hohday are
treated as motor vehicle service stations They are treated as such because of the
sale of gasohne. The only use that includes gasohne sales is motor vehicle
service station. The definition for motor vehicle service station is as follows:
"A place where gasohne or other automobile engine fuel, kerosene or
motor oil and lubricants or grease for operation of motor vehicles are sold
directly to the pubhc on the premises; including the sale of minor
accessories and the servicing and minor repair of automobiles."
This definition is fine for the old style Joe's Gas Station but is probably outdated
with the coming of convenience stores and the separation between gas sales and
auto repair. There are very few service stations today that would fit this
definition. Certainly it is a stretch to include a convenience store as a motor
vehicle service station, but there is no definition for a use such as a convenience
store which includes retail sales and the sale of gasohne.
Uses
One of the purposes of the C4 district is to prov/de land use opportunities to
attract convenience retail stores and personal service estabhshments. The sale of
gasohne could also be considered a service provided to surrounding residential
neighborhoods and businesses. Traditionally residents and workers buy gasohne
at places that are close to their home or place of employment because of the
convenience. As such, it would be consistent with the stated purpose of the
neighborhood commercial district to include gasohne sales in the C4 district..
With stores that conduct both retail sales and sell gasohn~, the impact of traffic
on the neighborhood seems to be one of the main concerns. If the sale of
gasohne is allowed as a conditional use, this can be addressed during the
process of applying for a conditional use permit. If the generation of traffic is a
concern, the number of gas pumps can be hmited in order to reduce the amount
of trsf-fic generated by the facility. This would allow the facility to be scaled
down to meet the character of the surrounding area.
If gasohne sales were allowed as a conditional use, a business such as a Tom
Thumb or a Brooks Superette, ff they did not sell gasohne, would be allowed as a
permitted retail use. If they decided to sell gasohne at the site, that would
trigger the need for a conditional use permit for the sale of gasohne. The plans
would then be reviewed by the Planning Commission and City Council.
On a related matter, this discussion of including gasohne sales as a conditional
uses leads to another auto related use that is currently allowed as a conditional
use, motor vehicle specialty service station. Uses included under this definition
include businesses such as Midas Muffler, Tires Plus, Goodyear and Firestone
s:\planning\p c\oa96-14.doc
Memo to the Planning Commission
October 22, 1996
Page 3
Service Centers and Car X. These high volume repair centers are currently
allowed in the C4 district even though they are not scaled to service the
surrounding area but draw customers from the whole Elk River area. These type
of businesses are better suited for the highway commercial district where their
impact on residential areas will be minimal. It is suggested that the Commission
consider eliminating motor vehicle specialty service stations as a conditional use
in the C4 district. Staff believes motor vehicle specialty service station was
mistakenly included in the C4 district. The intent was to include motor vehicle
service station (gasoline sales) when the ordinance was originally prepared.
Recommendation
It is recommended that the Planning Commission recommend approval of
Ordinance No. 96-__ amending the C4 (Neighborhood Commercial) district to
add the sale of gasohne as a conditional use and ehminate motor vehicle
specialty service station as a conditional use.
s:\planning\pc\oa96.14.doc