8.6. SR 01-21-1997'ty of
ITEM 8.6.
MEMORANDUM
iver
TO:
FROM:
Mayor and City Council
Scott Harlicke~'/
DATE:
January 21, 1997
SUBJECT: City of Elk River Request for
Ordinance Amendment, Public
Hearing Case No. OA 96-16
Request
Consider a request by the city of Elk River to amend the zoning code to make
hotels/motels and class I restaurants a conditional use in the C3 (Highway
Commercial) district.
Attachments
· Ordinance No. 97-
Overview
Existing Conditions
Currently hotels/motels and class I restaurants (sit down) are permitted uses
in the C3(Highway Commercial) and C l(Central Commercial) districts and
only require staff review prior to the issuance of a building permit. In the C4
(Neighborhood Commercial) district, class I restaurants are a conditional use,
and in the BP(Business Park) district, hotels/motels are a conditional use and
class I restaurants are a permitted use. With these uses there are often
issues and off site impacts that, without input from the Planning
Commission, City Council and the public, may not have the chance to be fully
addressed. Each of these groups would have an opportunity for review and
comment during the process of applying for a conditional use permit.
Conditional Use Process
A conditional use is an allowed use which is generally compatible with the
zone in which it is allowed. However, because of some special characteristics
inherent to its operation or installation it may not be appropriate for every
location within that zone. The process of applying for a conditional use
permit allows for the opportunity to place conditions on the approval which
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Memo to the Mayor and City Council Page 2
January 21, 1997
address the adverse impacts that were identified during the review process.
There is also an opportunity for affected and other interested parties to
comment on the project.
Issues
Establishing a use as a conditional use is not intended to set up barriers for
property owners as they plan the development of their property or expand
existing uses. Rather, the conditional use permit is intended to allow input
from the City Council, Planning Commission and the public prior to the
issuance of a building permit. Through this input performance standards
affecting issues associated with hotel/motels and class I restaurants can be
enhanced if needed.
Issues which may be associated with hotel/motels and class I restaurants
include traffic, screening, noise, hours of operation, lighting, height of
buildings and odors. These issues can impact nearby residential areas. A
recent illustration of how a class I restaurant can impact a residential
neighborhood is the Perkins Restaurant project at Highway 169 and Dodge.
Even though the restaurant is a permitted use, the residences on the other
side of Dodge were directly impacted by the restaurant. Traffic, lighting and
screening were among the issues that needed to be addressed and, because
this project was part of a PUD and was reviewed as a conditional use permit,
the issues were addressed. When reviewing an application of this nature at
an administrative level, there is no clear avenue for public participation.
Survey
While each community's situation is unique, it is often helpful to find out how
other cities deal with a specific type of use. Six cities were surveyed as to how
they review hotels/motels and class I restaurants; the following table is a
summary of results:
City
Lakeville
Savage
HotelfMotel
Permitted
(B3) Auto Oriented District
(B4) General Business District
(BDC) Central Business District
(C2) Planned Community Center
(C3) General Business District
(C4) Downtown District
(C5) Rural Business District
Conditional Use Permit
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Memo to the Mayor and City Council
January 21, 1997
Page 3
Champlin
Brooklyn Park
Woodbury
Plymouth
City
Lakeville
Savage
Champlin
Brooklyn Park
Woodbury
Plymouth
(C2) General Business District
(CH) Highway Business District
(B2) Retail Business District
(FD1) Freeway District
(C3) Highway Commercial District
(B3) General Business District
(B1) Office Park District
(B2) General Business District
(FD2) Freeway Impact District
(FD3) Freeway General Impact
District
Class I Restaurants
Permitted
B3, B4, CBDC
C2, C3, C4, C5
B2, B3
Conditional Use Permit
(C1) Office Business District, C2,
CH
(B1) Central Business
B1, B2, (B3) Shopping Center
FD1, FD3
(C2) Central Business
The cities of Brooklyn Park and Woodbury most closely resemble Elk River in
how they review hotels/motels and class I restaurants. Those cities have
them as permitted uses in some commercial zones and conditional uses in
some commercial zones.
Planning Commission meeting
Public Hearing
At the November 26,1996 Planning Commission meeting Paul Bell, owner of
Bridgemans Restaurant, spoke out against the proposed amendment. He felt
it placed and undue burden on business owners and they should not be
penalized because some highway commercial districts are adjacent to
residential areas.
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Memo to the Mayor and City Council
January 21, 1997
Other Commercial Districts
Page 4
The fact these uses are also permitted uses in the C1 (Central Commercial)
district was also brought up. In the C 1 district, the surrounding properties
are zoned either C2 (Office) district or industrial with the exception of 4
small lots on Jackson Avenue which are adjacent to a R2(Two Family
Residential) district; therefore, compatibility with adjacent residential zones
is less of an issue.
On-Sale Liquor
Some class I restaurants also sell liquor. Under the current regulations, a
class I restaurant requires administrative staff review as a permitted use
prior to the issuance of a building permit. However, if a class I restaurant
sells liquor, such as Chi Chi's or Applebee's, the project will be reviewed as
conditional use permit because on-sale liquor is currently a conditional use.
Recommendation
Planning Commission
Commissioner Minton made a motion to establish hotels/motels and class I
restaurants as conditional uses in the C3(Highway Commercial) district and
in the Cl(Central Commercial) district. The motion failed by a vote of 4 to 3.
The Planning Commission recommended denial of the ordinance amendment
to establish hotels/motel and class I restaurants as a conditional use in the
C3 and C1 districts.
Staff
The attached ordinance reflects staffs recommendation that hotels/motels
and class I restaurants (sit down restaurants) be allowed as a conditional use
in the C3 (Highway Commercial) district. Since compatibility with residential
zones is less of an issue in the C1 (Central Commercial) district than it is in
the C3 district and commercial development downtown will be buffered from
residential zones by office commercial zones, issues relating to impacts on
nearby residences are reduced.
It is staffs belief that projects that proposed restaurants and hotels/motels
will receive a thorough review based on current ordinance requirements
whether it goes through administrative review as a site plan or review as a
conditional use permit. However, the benefits of having hotels/motels and
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Memo to the Mayor and City Council
January 21, 1997
class I restaurants reviewed as a conditional use permit include the
following:
Page 5
· It provides an opportunity for input from the City Council, Planning
Commission and the public prior to the issuance of a building permit;
· It allows an opportunity for enhancing performance standards affecting
such issues as traffic, landscaping, signage, buffer zones, lighting, noise,
litter and odors if needed.
s:XplanningXscottXoa9616cc.doc
ORDINANCE 96-
CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 900.12 OF THE
CITY OF ELK RIVER CODES OF ORDINANCE RELATING TO
HOTELS/MOTELS AND RESTAURANTS (CLASS I) IN THE C3
(HIGHWAY COMMERCIAL) DISTRICT
CASE NO. OA 96-16
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.12(12)of the City of Elk River Code of Ordinance
titled, "Permitted, Accessory, and Conditional Uses" is hereby amended to
delete Hotels/motels and Restaurants (Class I) as permitted uses.
Section 2. Section 900.12(12) of the City of Elk River Code of Ordinance
titled, "Permitted, Accessory, and Conditional Uses" is hereby amended by
adding Hotels/motels and Restaurants (Class I) as conditional uses.
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
City of Elk River.
__ day of
,1996, by the City Council of the
Henry A. Duitsman, Mayor
ATTEST:
Sandra A. Thackeray, City Clerk