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5.5. SR 05-17-2010~~/ City of Elk -..., River REQUEST FOR ACTION To Ci Council Item Number 5.5. Agenda Section Meeting Date Prepared by Communi Develo ment Ma 17, 2010 Chris Leeseber Park Planner-Planner Item Description , Reviewed by Request by City of Elk River for Potential Ordinance erem Barnhart Pla nnin Mana er A d , . men ment for Elk River Plaza PUD, Case No. ZC 10-02 Reviewed by Action Requested Staff requests the Council review the proposed ordinance. The ordinance amendment and rezoning is anticipated to occur in June. Planning Commission Discussion A commercial property owner stated he did not want his property included in the commercial zoning but after it was explained the zoning was staying Planned Unit Development with an overlay, he was more comfortable with the change. While the newly proposed zone is not an overlay, the general intent has not changed from what the Planning Commission reviewed; the zone is not purely commercial. The Planning Commission had a couple minor clarification questions regarding the zoning and unanimously recommended approval of the request. Since the April 13, 2010 Planning Commission meeting, the City Attorney believes the subject area should be rezoned to a new zoning district while dissolving the current Planned Unit Development agreement. That is what is being recommended by staff. Attachments • Staff report to Planning Commission dated April 13, 2010 • Proposed Zoning Map • Ordinance # 10- Motion by Second by Vote Follow Up S:\Community Development\Planning Main\Case Files\ZC\ZC 10-03 Elk River Plaza\ZC 10-03_CC-2.doc Ey~~ REQUEST FOR ACTION FILE COPY River To Item Number Plannin Commission 5.3 Agenda Section Meeting Date Prepared by Plannin Items Aril 13, 2010 Chris Leeseber ,Park Planner-Planner Item Description Reviewed by Request by City of Elk River for Rezoning of Elk River Plaza erem Barnhart, Plannin Mana er PUD Reviewed by Public Hearing -Case No. ZC 10-OZ Action Requested Staff recommends that the Planning Commission recommend approval of the Zone Change request. Background/Discussion On February 1, 2010 staff received authorization to pursue the possibility= of rezoning the entire Elk River Plaza Planned Unit Development (PUD). On I~Zarch 16, 2010 the City hosted two open houses (one in the afternoon and one in the evening) for the property owners, tenants and residents of Elk River Plaza. There were about a dozen people who attended. The main concerns that were voiced were apartments in the single family area, tam implications, signage and zero lot line development. The proposed ordinance would not allow multi-family development or commercial development in the single family= area. In order to make one business in the development conform, zero lot line development needs to be included. There is a concern that taxes will be higher based on the zoning being "changed" to commercial, but the property taffies are not based on the zoning classification of the property, but a classification the County Assessors Department puts on the property. Sherburne County's website states: Each propery'.r share of taxer i.r determined according to its value, cla.rr~cation (use), and the property tax levier. Attachments • Partial Zoning Map • Draft Ordinance • Proposed Setbacks • Current vs. Proposed Uses Case File: ZC 10-03 Page 2 Elk River Plaza Cin' of Elk River Overview The current PUD agreement allows all uses in the C1, C2 and C3 zoning districts, with ten exceptions: 1. Hospitals mental health centers 2. Parking Ramps. 3. Taverns and hotels 4. Motor vehicle service station servicing vehicles with more than two (2) axles 5. Auto repair shops 6. Storage facilities 7. Drive-in theatres 8. Outdoor amusement centers 9. Those conditional uses permitted in the R4 district o Outpatient health care facilities. o Boardinghouses. o Institutional uses. o Licensed day care facilities for 17 or more children. o Governmental offices. o Ministorage. o Zero lot line development. o Manufactured home parks as defined in Minn. Stats. S 327.14, subd. 3. 10. Those principal uses permitted in the R3 and R4 districts o Single family dwellings. o Duplexes. o Triplexes. o Townhomes, with no more than six dwellings per structure if in a row or no more than eight dwellings per structure if back-to-back. o Model homes in compliance with section 30-800. o Licensed daycare facilities for 16 or fewer children. o Public parks, playgrounds and open space. o Single-family dwellings. o Two-family dwellings. o Townhouse dwellings (12 units per structure maximum). o Multiple-family dwellings. o Model homes in compliance with section 30-800. o Licensed day care facilities for 16 or fewer children. o Public parks, playgrounds and open space. o State-licensed residential facilities or housing with services establishments Staff is not recommending any non-commercial additional uses to the area, but is recommending that public parks, zero Iot line development, government offices and licensed day care facilities be allowed. Parks, offices and day care facilities are typical uses found in commercially zoned areas. The subject area already contains a building that is classified as a zero lot line building. This building is anon-conforming structure and in order to make it conform, zero lot line development needs to be included. S:\Community Development\Plamvng Main\Case Files\ZC\ZC 10-03 Ell: River Plaza\ZC 10-03_PC.doc Case File: ZC 10-03 Page 3 Elk River Plaza City of Elk River Staff is also recommending that sip of the currently allowed uses not be allowed. A majority of these are related to vehicle uses. Another is related to the Wild and Scenic River District which is about one half mile away. Commercial PUD's are created with the intent of creating a development that is unique from other developments. This is the city's first time codifying a PUD. Assuming this is a successful change, the concern for future changes is, how we make changes without creating multiple individual zoning districts for each PUD. The proposal is to change the zoning by applying an overlay district (I'UD- Elk Rig=er Plaza). Tllis a-~ill produce only one zoning district graphically on the city map(s) while being able to have multiple districts listed in the zoning code. The proposed language divides Elk River Plaza into three sub-sections, Commercial, Single Family, and Multiple Family. Applicable Regulations Ke~oni ono In revieaving a proposed amendment, consideration shall be given to ea~zsting cosaditions within the area directly and indirectly affected by the proposal, the cosaservation of property values, the use to avhich the proper y affected is being devoted at the time, and relevant provisions, if any, in the land use plan. Action Motion by Second by ~TOte Fo{{ow Up S:\Community Development\Planning Main\Case Files\ZC\ZC 10-03 Elk River Plaza\ZC 10-03_PC.doc Draft Ordinance Section 30-1838. PUD-Elk River Plaza overlay district. (a) Purpose. The purpose of the PUD Elk River Plaza overly is to codify the Planned Unit Development agreement relative to land use regulations. (b) Subzone A. Multiple Family Residential (1) Permitted uses are as follows: a. Single Family Residential b. Two family Residential c. Townhouse dwellings d. Multiple Family Residential (2) Accessory uses are as follows: a. Accessory structures b. Public shelters (3) Conditional uses are as follows: a. Conditional home occupations (c) Subzone B. Single Family Residential (1) Permitted uses are as follows: a. Single Family Residential (2) Accessory Uses are as follows: a. Accessory Structures b. Public shelters (3) Conditional Uses are as follows: c. Conditional home occupations (d) Subzone C. Commercial (1) Permitted uses are as Eollo~e~s: a. Business and pr~_~~essional officrs b. Class I resratii<Znts c. Nurseries. produce markets, and harden centers, which may include outdoor display d. Outpatient health care facilities z. Personal sen~ic e zstablishinents f. Public pa3~Ls ~,. Retail shops and stores h. Sale of fireat7ns i. Leto lest line development (2) Accessory Uai;S are as follows: a. Off street parting facilities b. Off street parking facilities c. Public shelters (3) Conditional Uses are as follows: a. Carwashes b. Class II restaurants c. Commercial recreation, outdoor d. Commercial recreational facilities, indoor e. Dry cleaning establishment f. Enclosed light manufacturing with related retail sales g. Equipment rental businesses with no outdoor storage h. Financial institutions i. Funeral parlors j. Governmental offices k Licensed daycare facilities 1. Motor vehicle specialty shops m, Nonprofit clubs, lodges or halls n. On-sale liquor establishments o. Pawnshops (250-foot setback from any residential zone and 500-foot setback from schools, parks, day care centers, churches and other pawnshops, measured from the property line) p. Produce markets q. Sauna establishments r. Shopping centers s. Veterinary clinics (e) Si'gna~e (1) Temporary signs as permitted in section ~ ~- ~ ~ 1 ~ t seq. (2) Permanent signs. a. One permanent area identification sign per neighborhood, subdivision, or development, not to exceed 64 square feet ~; ith a max;murn height of 20 feet. The area identificationnsi~n shall be located on the same premises as the development it identifies. x, b. One (1) freestanding sign, n~>t to e~ce ~d 100 square Eeet along collector street or 150 feet along arterial sta-eet. c. Max height of 10 feet along ~ ollecr~ ~r- street or 30 feet along arterial street d. Two wall suns. not to exceed ?~;0 total square feet per occupancy. e. One on-pry nli~cs menu board perdrive-up or walk up lane of a drive-in rest~lu~~int or eai-~ti-ash up to a maXirnum of 32 square feet each. Menu boards at-e ally ~;; eei ro ha;~e a ni~ssa~e on one side only and may not contain an a~3;et-risin~ i~lessa~e. Building Setbacks* Minimum Lot Garage Maximum Maximum requirements Front Side Side Rear Lot Height Coverage 3 floors or Subzone ~ 3.5 acres 15 50 N~ 50 0.35 40' .1 acres 2 floors or Subzone B 50' width 25 6 8 6 0.65 35' Subzone C .99 acres 35 25 NA 30 N~-1 45 feet *In all cases, setbacks shall be the lesser of existing setback or the number above. ~i Uses Currently Allowed Permitted Uses Bed and breakfasts establishments`- Business and rofessional offices Class I restaurants Nurseries, produce markets, and garden centers, which may include outdoordisolav Out atient health care facilities Personal service establishments Retail sho sand stores Sale of firearms Cnnditional'Use Permit Accesser,~ structures associated wir ,~~ng -famil,i dwellin~~ A a~,~~~erts subordinafe to the rinci al use Car;RV and marine-sales Carwashes Class II restaurants Commercial` arkin lots Commercial e aricin rams Commercial recreation, outdoor Commercial recreational facilities, indoor Convenience stores Development of property within 50 feet of the v/iid and scenic ri,~er dlst~ict D cleanin establishment Enclosed li ht manufacturin with related retail sales E ui ment rental businesses Financial institutions Funeral arlors Governmental buildin sand facilities Motor vehicles ecialt sho s Multiple-family dwellings, provided the business/commercial uses occupy the ground floor belo the residential use Non rofit clubs, lod es or halls On-sale li uor establishments Pawnshops (250-foot setback from any residential zone and 500-foot setback from schools, parks, day care centers, churches and other pawnshops, measured from the roe line Ph sical recreation or trainin Produce markets Sauna establishments Sho in centers Sin le-famil dwellin s Veterinary clinics Proposed Uses Pemitted Uses Business and rofessional offices Class I restaurants Nurseries, produce markets, and garden centers, which ma include outdoor dis la Out atient health care facilities Personal service establishments Public arks Retail sho sand stores Sale of firearms Sin le famil residential Accessory structures associated with single-famil dwellin s Zero lot line development. Conditional Use`Permit Carwashes Class II restaurants Commercial recreation, outdoor Commercial recreational facilities, indoor Conditional Home Occu ations D cleanin establishment Enclosed li ht manufacturin with related retail sales E ui ment rental businesses no outdoor store e Financial institutions Funeral arlors Governmental buildin sand facilities Governmental offices Licensed da care facilities Motor vehicles ecial sho s Multi le-famil residential Non rofit clubs, lod es or halls On-sale li uor establishments Pawnshops (250-foot setback from any residential zone and 500-foot setback from schools, parks, day care centers, churches and other pawnshops, measured from the roe line Produce markets Sauna establishments Sho in centers Sin le-famil dwellin s Veterinary clinics Curtent ses being recommehded to- be removed Uses currently not allowed, recommended to be allowed ORDINANCE _- 10 CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 30-1600 OF THE CITY CODE OF ORDINANCES The City Council of the City of Elk River does hereby ordain as follows: S~il~~eis to be removed Underlines to be added Section 1. Section 30-1600 titled, Mixed Use Elk River Plaza district, of the City of Elk River Code of Ordinances shall be amended to read as follows: (a) Purpose The Purpose of the Mixed Use Elk River Plaza district is to codify the Planned Unit Development into a single zoning district with three sub-sections. Commercial, Single Family, and Multiple Family (b) Subzone A. Multiple Family Residential (1) Permitted uses are as follows: a. Single Family Residential b. Two family Residential c. Townhouse dwellings d. Multiple Family Residential (2) Accessory uses are as follows: a. Accessorystructures b. Public shelters (3) Conditional uses are as follows: a. Conditional home occupations (c) Subzone B. Single Family Residential (1) Permitted uses are as follows: a. Single Family Residential (21 Accessory Uses are as follows: a. Accessor~Structures (3) Conditional Uses are as follows: a. Conditional home occupations (d) Subzone C. Commercial (1) Permitted uses are as follows: a. Business and professional offices b. Class I restaurants c. Nurseries,~roduce markets and garden centers, which may include outdoor dis la d. Outpatient health care facilities e. Personal service establishments £ Public parks g. Retail shops and stores h. Sale of firearms C:\Documents and Settings\jbarnhart\Local Settings\Temporary Internet FIles\OLK3E\Ordinance Final (2).DOC i. Zero lot line development Accesso ry Uses are as follows: a. Off street parking facilities b. Off street Parking facilities c. Public shelters (31 r Conditional Uses are as follows: a. Carwashes b. Class II restaurants c. Commercial recreation, outdoor d. Commercial recreational facilities indoor e. Dry cleaning establishment £ Enclosed light manufacturing with related retail sales g. Equipment rental businesses with no outdoor storage h. Financial institutions i. Funeral parlors j. Governmental offices k. Licensed day care facilities 1. Motor vehicle specialty shops m. Nonprofit clubs, lodes, es or halls n. On-sale liquor establishments o. Pawnshops (250-foot setback from any residential zone and 500-foot setback from schools,~arks, day care centers churches and other pawner s. measured from the ~ropert~e1 p. Produce markets q. Sauna establishments r. Sho~pin~ centers s. Veterinary clinics (e) Silage (1) Temp orary signs as permitted in section 30-851 et sea. (2) Permanent signs. a. One permanent area identification sign per neighborhood, subdivision, or development, not to exceed 64 sauare feet with a maximum height of 20 feet The area identification sin shall be located on the same Premises as the development it identifies. b. One ~ freestanding sign not to exceed 100 square feet along collector street or 150 feet along arterial street. c. Max height of 10 feet along collector street or 30 feet along arterial street d. Two wall s' snot to exceed 200 total square feet per occupancy. e. One on-premises menu board per drive-u~ or walk-uP lane of a drive-in restaurant or carwash up to a maximum of 32 square feet each. Menu boards are allowed to have a message on one side only and may not contain an advertising message. Section 2. Section 30-1601 titled, Principal structures, of the City of Elk River Code of Ordinances shall be amended to read as follows: C:\Documents and Settings\jbarnhart\Local Settings\Temporary Internet Files\OLK3E\Ordinance Final (2).DOC