6.4. SR 01-08-07 - Laserfiche WebLink

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Finally, specific to this request to locate in the Elk River Business Park, it should be noted that allowing such use could affect the Redevelopment Agreement between the City and Associated Investors of Elk River, Inc., Fischer Sand & Aggregate, LLP and Elk River Business Park, LLC (the "R.edeveloper ") dated July 21, 2000 which outlines a specific Development Schedule for the build out of specifically "light industrial building space ". Zoning Issues From a zoning standpoint, the City already has a zone that allows (with some qualifications) commercial and industrial uses. zoning ordinance Section 30- 1294 establishes a "BP business park district" with the purpose of the district being industrial, office and commercial. (Use sections attached.. It should also be noted that the current zoning of the City's Northstar Business Park is "BP." Commercial uses are only allowed in the "BP" zone if the land use designation on the City's Comprehensive Plan is Highway Business. There are a number of issues associated with the current wording of the "BP" district: 1) Since no current "BP" zoned property exists along a highway, and in turn no underlying highway business land use exists on these types of zoned properties, the City elected to remove from the district (summer of 2005) a whole series of retail uses ( including health athletic clubs ), both permitted and conditional. 2) Although the retail uses were eliminated no amendments were made to the purpose statement that still references conm- iercial uses, albeit with the proper underlying land uses. 3) Again, with the idea of eliminating retail uses, no amendments were made to the accessory uses which still allow retail sales for a portion of any industrial space. Under the accessory uses, there are two separate provisions for subordinated space, one section for retail space (allows for ten percent of the building) that is incidental to the products being manufactured on site (Section 30-1294 (c) 4 f.) and a separate section that allows any type of retail activity based on the space not occupying more than 15% of the gross floor area and capped at 5,000 sq ft. (Section 30 -1294 (c) 4 b.). 4) Another inconsistency in the "BP" zoning district is that under the accessory use section a complementary freestanding retail facility can be constructed up to 20,000 sq.ft. (Section 30 -1294 (c.) 4 e.). Since the purpose section was not amended, which dictates the need for a correct underlying zoning, it is a debatable issue as to whether this type of use could be constructed within the definitions of the ordinance. It is also an interesting note that this section is listed under "accessory uses" as a freestanding retail of 20,000 sq ft, does not meet the definition of accessory use.