6.14. SR 10-18-1999
rei ---'\)
( );
1fl}{
Item # 6 . 14 .
MEMORANDUM
FROM:
Planning Commission
Michele MCPherso~ector of Planning
DATE:
October 13, 1999
SUBJECT:
Case Number: OA 99-15
Request by the City of Elk River to Allow
Liquor Stores (Off-sale) Selling Packaged
Goods as a Conditional Use in the C3
Highway Commercial District; Public
Hearing
Request
The City of Elk River requests that the C3, Highway Commercial District be amended to
allow off-sale liquor stores as a conditional use.
. Location
All parcels zoned C3, Highway Commercial
Zoninq/Land Use
C3 (Highway Commercial)/HB (Highway Business)
Attachments
. Proposed Ordinance Amendment
Overview
The City owns Lot 2, Block 1, Fox Haven Commercial located near Highway 10 and
Joplin Street, zoned C4, Neighborhood Commercial. Allina is interested in purchasing
the City-owned property and the two adjacent lots to construct a medical clinic.
Originally, it was proposed that the City and Allina would be able to exchange lots and
the City would have a parcel to construct its liquor store on.
.
Medical clinics are neither a permitted nor a conditional use in the Neighborhood
Commercial district and Allina is requesting a zone change to C3, Highway
Commercial. If the zone change is approved, but the sale becomes void, the City
13065 Orono Parkway. P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
.
.
.
Memo to the City Council/OA 99-15
October 18, 1999
Page 2
would like to ensure that a future liquor store could be built on the site without another
zone change. As a retail use, liquor stores should be allowed by right, however, there
are considerations that make it appropriate to have them as a conditional use.
Analvsis
The Highway Commercial district has the following permitted and conditional uses:
12. C-3 - Highway Commercial District
STATEMENT OF PURPOSE: The purpose of the C-3 highway commercial
district is to recognize the need for commercial establishments on or
serving with immediate access to major highways. Permitted land uses
should take advantage of the highway access in a manner which other
business districts are not afforded. In addition to retail and
commercial uses, quasi-industrial and wholesale enterprises that do
not meet an industrial setting and have considerable customer contact
are acceptable in the highway commercial district.
A. Permitted Uses
i. Governmental, business and professional offices
ii. Retail shops and stores
iii. Personal service establishments
iv. Nurseries, produce markets, and garden centers
which may include outdoor display
v. Convenience stores
vi. Public parks
vii. Financial Institutions
viii. Sale of firearms
B. Accessory Uses
i. Signs as are permitted in Section 900.22
ii. Off-street parking facilities
iii. Off-street loading facilities
iv. Telephone booths
v. Private recreational facilities
vi. Public shelters and essential services
.
.
.
Memo to the City Council/OA 99-15
October 18, 1999
Page 3
C.
Conditional Uses
i. Enclosed light manufacturing with related retail sales
ii. Car, RV and marine sales
iii. Nonprofit clubs, lodges, or halls
iv. Licensed daycare facilities
v. Institutional uses
vi. Equipment rental businesses
vii. Commercial recreational facilities
viii.Auto repair shops
ix. Shopping centers
x. On-sale liquor establishments
xi. Governmental buildings and facilities
xii. Veterinary clinics
xiii. Car Washes
xiv. Restaurants (Class II)
xv. Motor vehicle service stations
xvi. Motor vehicle specialty shops
xvii.Therapeutic massage and sauna establishments
xviii.Lumber Yard
xix. Pawnshops (250 foot setback from any residential zone
and 500 foot setback from schools, parks, daycare centers,
churches and other pawnshops, measured from the property
line)
xx. Hotels and motels
xxi. Restaurants (Class I)
xxii. Development of property within fifth (50) feet of
the Wild and Scenic River District
xxiii. Mini-storage, provided:
a. That the use is on unplatted land outside
the urban service district
.
.
.
Memo to the City Council/OA 99-15
October 18, 1999
Page 4
As demonstrated above, retail sales are a permitted use in the C3, Highway
Commercial district. Liquor stores are a type of retail use. Due to the public perception
regarding the sale of alcohol, however, it is more appropriate to place liquor stores
within the conditional uses, thereby allowing more scrutiny by the Planning Commission
and the City Council regarding the use of a site for a liquor store.
Planninq Commission Recommendation
The Planning Commission recommended approval of the ordinance amendment to
allow liquor stores as a conditional use permit in the C3, Highway Commercial District.
City Council Recommendation
Staff recommends that the City Council concur with the Planning Commission
recommendation and amend the C3, Highway Commercial district to allow off-sale
liquor stores as a conditional use.
.
.
.
ORDINANCE
--
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 900.12.12 OF THE CITY CODE OF ORDINANCES
CASE NO. OA 99-15
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 Ordinances shall be
amended to read as follows:
12. C-3 - Highway Commercial District
C. Conditional Uses
xxiv. Off sale liquor stores
Section 2. That this ordinance shall take effect upon publication as provided by law.
Passed and adopted by the City Council of the City of Elk River this _ day of
October, 1999
Stephanie Klinzing
Mayor
Sandra A. Peine
City Clerk
s:\document\ordinanc\oa99-15.doc