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6.2. SR 11-17-2003City ~ Item MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor and City Council Michele Mceherso~irector of Planning November 17, 2003 Case No. OA 03-07 Request by the City of Elk River for an Ordinance Amendment to Section 30-1 Regarding Governmental Buildings and Facilities - Public Hearing Attachments Ordinance No 03 - __ Amending the Definitions of Governmental Buildings and Facilities and Governmental Offices. Request At the September 15, 2003 City Council meeting, staff's interpretation regarding the County jail expansion and the definitions for government buildings and facilities versus government offices was discussed. Staff had made the interpretation that the jail expansion appeared to comply with the current definition of governmental offices as defined which include "uses intended or generally compatible with office and residential uses including city offices, county offices, courthouses, jails operated on the same site and as part of a city or county courthouse, libraries and post offices". The City Council disagreed with staff's interpretation and determined that the jail as it currently operates meets the definition of a correctional facility as identified under State Statute, and would therefore need a conditional use permit. At the same meeting, the City Council directed staff to process an ordinance amendment to more dearly define what is intended as a jail that is operated in conjunction with and relating to a county courthouse. The revised definition is attached for your consideration. In the residential and business park districts, governmental offices are a permitted use while government buildings and facilities are conditional uses. With the modification to the definition, it is dear that any additional jail cells would require a conditional use permit and public hearing process. Memo to Mayor and City Council/OA 03-07 November 17, 2003 Page 2 Planning Commission Action The Planning Commission voted unanimously to recommend approval of the changes to the definition with one change: insert the word "Sherburne" in front of the word County in the governmental offices definition. Recommendation Staff recommends that the Planning Commission recommend approval of the ordinance amendment clarifying the definitions of government buildings and facilities and government offices. S:~PLANNING\Case Files\2003\OA 03-07 City of ER Govt Bldgs\l 1 17 cc memo.doc