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6.12. SR 09-15-2003MEMORANDUM Item # 6.12. TO: FROM: DATE: SUBJECT: Mayor and City Council Chris Leeseberg, Planner ~ September 15, 2003 Case No. ZC 03-05 Request by the City of Elk River for the Rezoning of Certain Property from C I & C2, Commercial to DD, Downtown District Request The City Council is asked to consider a request to rezone certain properties in the City from C1 (Central Commercial) and C2 (Office Commercial) to DD (Downtown District). Attachments · Map Illustrating Proposed Area to be Zoned DD Analysis As downtown changes, a zoning district is needed to protect and maintain the downtown character. The implementation of the zone change will reflect the approved guidelines which will help protect and maintain the character of downtown. The uses allowed in the new district will be nearly the same as what is currently allowed. The only changes to the Permitted Uses will be that the "sale of firearms" will be moved to Accessory Uses and that multiple family dwellings will be allowed provided that business/commercial uses occur at the street level. Under the Conditional Use section, "motor vehicle stations" was removed. Planning Commission Actions At the public hearing, a resident asked why the area was limited to what was proposed and not include the commercial areas around such establishments as Charlie Brown's, the Dairy Queen and Cretex. Staff stated that the proposed area is the "core downtown" and that there have been talks of expanding it to the west as well as across the railroad tracks to the north. Memo to the Mayor and City Council/ZC 03-05 September 15, 2003 Page 2 A second residence expressed their satisfaction that the south west corner was removed from the proposed district. The Planning Commission unanimously recommended approval of the Zone Change to the proposed area. Recommendation Staff and the Planning Commission recommend that the City Council approve the request to rezone certain properties currently zoned C1 (Central Commercial) and C2 (Office Commercial) to DD (Downtown District). S:\PLANNING\Case Files\2003\ZC 03-05 City of ER Downtown\ZC 03-05_CC.doc AV River Case Number: Location Map ZC 03-05 DOWNTOWN DISTRICT N ORDINANCE 03 - CITY OF ELK RIVER AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTIES AS DESCRIBED CASE NO. ZC 03-05 The City Council of the City of Elk River does hereby ordain as follows: Section 1. The duly adopted Zoning Map of the City of Elk River is hereby amended to rezone the properties described as: Zoning Districts Identified on Exhibit A as C1 (Central Commercial) and C2 (Office Commercial) amended to be rezoned to DD (Downtown District). Section 2. The rezoning is being approved based on the following findings: 1. CONDITIONS WARRANT THE NEED TO PROTECT AND MAINTAIN THE DOWNTOWN CHARACTER. 2. THE ZONE CHANGE WILL REFLECT THE APPROVED GUIDELINES, WHICH WILL HELP PROTECT AND MAINTAIN THE CHARACTER OF DOWNTOWN. 3. THE ZONE CHANGE IS COMPATIBLE WITH ADJACENT LAND USES. 4. THE REZONING AND LAND USE CHANGES ARE CONSISTENT WITH THE COMPREHENSIVE PLAN. 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 15t~ day of September, 2003 by the City Council of the City of Elk River. ATI~EST: Stephanie A. Klinzing, Mayor Patri& D. Klaers, City Administrator S:\PLANNING\Case Files\2003\ZC 03-05 City of ER Downtown\Ordinance.doc