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6.6. SR 04-04-2005 -, Item # 6.6. MEMORANDUM TO: FROM: Mayor and City Council Michele MCPherso~irector of Planning DATE: April 4, 2005 SUBJECT: Case No. OA 05-04 Request by the City of Elk River for Ordinance Change relating to Government Buildings/Facilities and Government Offices Request The City Council is asked to consider an ordinance amendment providing consistency in the regulation of Government Buildings/Facilities and Government Offices Attachments · Comparison Chart of Current and Proposed Regulations · Ordinance No. 05 - Analysis Staff presented information to the City Council regarding the regulation of Government Buildings/Facilities and Government Offices at the January and February City Council work session meetings. Inconsistencies in regulation were discovered as staff reviewed the process for implementing the Public Works Master Plan that was approved by the City Council in January. Currendy, governmental buildings and facilities are located in the following districts: R2b Two- family Dwelling (1'v1nDOT Maintenance Facility); Cl Central Business (County Maintenance Building, City Fire Station); Rlc Single Family (City Hall and Public Safety); 11 Light Industrial (public Works); Business Park (County Administration/Jail); and PUD, Planned Unit Development (Lions Park Center). A chart has been prepared which better illustrates where governmental offices and buildings/facilities are allowed by right or by conditional use permit. As is illustrated, governmental offices are permitted in most Residential and Commercial districts, but only in the Planning Department Mission: the orderly development of a livable and sustainable Elk River community. Memo to the Mayor and City Council/OA 05-04 April 4, 2005 Page 2 Business Park district, while governmental buildings and facilities are conditional uses in all districts except for the C4, Neighborhood Commercial District. Staff suggests that governmental offices be allowed as conditional uses in all districts, except for the C4, Neighborhood Commercial District, and that governmental buildings and facilities be conditional uses only in the Commercial and Industrial/Business Park Districts. Making all governmental functions a conditional use eliminates the need to try to define whether a use falls under the Buildings/Facilities or Offices definition: Governmental buildings and facilities means any building, structure, or facility for the purpose of a facility serving certain governmental functions. These uses are intended to include uses that are supportive of governmental functions such as public works facilities, correctional facilities, and waste handling or processing facilities. These uses are intended to be distinguished from governmental offices and essential services. Governmental r1fices means any facility, building, and structure for the purpose of providing governmental services to the general public. Uses intended are generally compatible with office and residential uses and include city offices, county offices, courthouses, jails operated on the same site and as part of a city or county courthouse, libraries, and post offices. These uses are intended for the direct provision of governmental services to the public as distinguished from governmental buildings and facilities. Plannin~ Commission Action No one attended the public hearing regarding this issue. The Planning Commission voted unanimously to recommend approval of the request to the City Council. Recommendation Staff recommends that the City Council approve the attached ordinance providing for consistency in the regulation of Government Buildings/Facilities and Offices. S:\PLANNING\Case Files\2005\OA 05-04 Govt offices\04 04 05 CC Memo.doc Changes to Governmental Offices and Governmental Buildings and Facilities Regulations Ai Conditional Use Ria Allowed Conditional Use Conditional Use Rib Allowed Conditional Use Conditional Use Rlc Allowed Conditional Use Conditional Use Rid Allowed Conditional Use Conditional Use R2a Conditional Use Conditional Use R2b Conditional Use Conditional Use R3 Conditional Conditional Use Conditional Use Use R4 Conditional Use Conditional Use Cl Allowed Conditional Use Conditional Conditional Use Use C2 Allowed Conditional Use Conditional Conditional Use Use C3 Allowed Conditional Use Conditional Conditional Use Use C4 DD Allowed Conditional Use Conditional Conditional Use Use Ii Conditional Use Conditional Conditional Use Use 12 Conditional Use Conditional Conditional Use Use BP Allowed Conditional Use Conditional Conditional Use Use S:\PLANNING\Case Files\2005\Govt Bldg Comp Chart.doc ORDINANCE 05 - CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 30, LAND DEVELOPMENT REGULATIONS OF THE CITY CODE OF ORDINANCES CASE NO. OA 05 - 04 The City Council of the City of Elk Rive~ does hereby ordain as follows: Section 1. Section 30, Article VI, Divisions 6, 7, 8 and 9 titled Land Development Regulations, Zoning, Residential, Commercial, Industrial and Business Park and Other N onoverlay Districts, of the City of Elk River Code of Ordinances shall be amended to read as follows: To be deleted: 30-991 R-1 Districts (b) Permitted Uses (ll)GovernmentaIOffices (d) Conditional Uses (4) Governmental Buildings and Facilities 30-992 R-2a District (d) Conditional Uses (4) Governmental Buildings and Facilities 30-993 R-2b District (d) Conditional Uses (4) Governmental Buildings and Facilities 30-994 R-3 Townhome District (d) Conditional Uses (3) Governmental Buildings and Facilities 30-995 R-4 District (d) Conditional Uses (5) Governmental Buildings and Facilities 30-1022 C-1 Central Business District (b) Permitted Uses (1) Governmental Offices 30-1023 C-2 Office District (b) Permitted Uses (1) Governmental Offices 30-1024 C-3 Highway Commercial District (b) Permitted Uses (1) Governmental Offices 30-1026 Downtown District (b) Permitted Uses (1) Governmental Offices 30-1294 BP Business Park District (b) Permitted Uses (1) c. Governmental Offices 30-1562 A-1 Agricultural Conservation District (d) Conditional Uses (10) Governmental Buildings and Facilities To be added: 30-991 R-1 Districts (d) Conditional Uses (4) Governmental Offices 30-992 R-2a District (d) Conditional Uses (4) Governmental Offices 30-993 R-2b District (d) Conditional Uses (4) Governmental Offices 30-995 R-4 District (d) Conditional Uses (5) Governmental Offices 30-1022 C-1 Central Business District (d) Conditional Uses (17) Governmental Offices 30-1023 C-2 Office District (d) Conditional Uses (9) Governmental Offices S:\PLANNING\Case Files\2005\OA 05-04 Govt offices\Govt Office Ord.DOC 30-1024 C-3 Highway Commercial District (d) Conditional Uses (24) Governmental Offices 30-1026 Downtown District (d) Conditional Uses (15) Governmental Offices 30-1292 1-1 District (d) Conditional Uses (17) Governmental Offices 30-12931-2 District (d) Conditional Uses (21) Governmental Offices 30-1294 BP Business Park District (d) Conditional Uses (1) g. Governmental Offices 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 4th day of April, 2005. Stephanie Klinzing Mayor A lTEST: Joan Schmidt City Clerk S:\PLANNING\Case Files\2005\OA 05-04 Govt offices\Govt Office Ord.DOC