6.9 .--c,/ A(
Item# 6.9.
ity of I MEMORANDUM
,lkRiver TO: Planning Commission
FROM: Scott Harlicker, Planning Assistant4f&
/'
DATE: April 28, 1998
SUBJECT: Request by the City of Elk River for
Ordinance Amendment, Public
Hearing Case No. OA 98-1
Request
Consider a request by the City of Elk River to amend the definition of
government offices to include jails.
Attachments
• • Ordinance No. 98-
• Current definition of governmental offices
• Proposed definition
Overview
When the county office complex was originally constructed the jail facility
was an incidental function to the office and courthouse operations. Since that
time the jail has expanded and become more than just an incidental aspect of
the total operation of the facility. Because of this expansion it became
necessary to examine the issue of where do jails fit within the context of the
zoning ordinance.
The zoning code has two definitions the cover government facilities, they are
"Government Buildings and Facilities" and "Governmental Offices".
Governmental buildings and facilities include more intense governmental
uses such as public works facilities, correctional facilities, and waste
handling or processing. Governmental offices include less intense uses such
as city and county offices, libraries and post offices. One use that is missing
from these definitions are jails. There is no provision for allowing jails under
either definition.
•
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone: (612)441-7420 • Fax: (612) 441-7425
Memo to Planning Commission/OA 98-1
April 28, 1998
Page 2
• A jail is different from a correctional facility. Jails are short term holding
facilities for people awaiting trial, pending sentencing or serving county jail
time. It is different from a correctional facility because correctional facilities
are for prisoners serving out sentences for state or federal crimes. These are
long term facilities and include such prisons as Stillwater, St. Cloud, Lino
Lakes or Pipestone.
The issue is under which definition, governmental offices or governmental
buildings and facilities, should jails be included. Since jails are a short term
holding facility that functions as part of the county court system, it is
important that it be including as part of the same definition that includes the
county court and office complex. That definition is governmental offices.
If jails were included under the definition of governmental building or facility
it would not be permitted at the present location of the county office complex.
Governmental buildings and facilities are not an allowed uses in the BP
(Business Park) district, which is what the county complex is zoned.
However, governmental offices are allowed as a permitted use in the BP
district.
Recommendation
• It is recommended the Planning Commission recommend approval of
Ordinance No.98- amending the definition of governmental offices to
include jails.
•
f:\shrdoc\planning\scott\oa98-1.doc
110 CURRENT DEFININTION
GOVERNMENTAL OFFICES: 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, 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.
PROPOSED DEFINITION
GOVERNMENTAL OFFICES: 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.
• ORDINANCE 98 -_
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 900.08 OF THE CITY CODE OF ORDINANCES
CASE NO. OA 98-1
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.08 of the City of Elk River Code of Ordinance,
titled "Definitions" "Government Offices" is hereby amended to read as follows:
GOVERNMENTAL OFFICES: 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.
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
, 1998.
Henry A. Duitsman
Mayor
Sandra A. Thackeray
City Clerk
•
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