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6.7 { ITEM 6.7. ty of MEMORANDUM lk� • River TO: Planning Commission FROM: Scott Harlicker DATE: November 26, 1996 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. 96- Overview Currently hotels/motels and class I restaurants are permitted uses in the C3 district and only require staff review prior to the issuance of a building permit. 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. 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 might 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 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 often associated with hotel/motels and class I restaurants include • traffic, screening, noise and odors. These issues can impact nearby 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Memo to the Planning Commission Page 2 November 26, 1996 residential areas and can be best addressed within the process of applying for • a conditional use permit. 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. When reviewing an application of this nature at an administrative level, it is difficult to get a clear understanding of the neighborhood impacts and there is no clear avenue for public participation. Recommendation It is recommended that the Planning Commission recommend approval of Ordinance No. 96- , amending the zoning code establishing hotels/motels and class I restaurants as conditional uses in the C3 (Highway Commercial) district. • • s:\planning\pc\oa96-16.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. III Passed and adopted this day of ,1996, by the City Council of the City of Elk River. Henry A. Duitsman, Mayor ATTEST: Sandra A. Thackeray, City Clerk •