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5.2 rk/ ~` • Item # 5.2. City of � Elk River MEMORANDUM TO: Planning Commission FROM: Michele McPherson;Director of Planning DATE: March 27, 2001 SUBJECT: Case No. OA 01-03 Request by City of Elk River to Amend Section 900.08 and 900.10.5. - Government Office and Facilities Request The Planning Commission is asked to review and evaluate an amendment to change the definition of government buildings and facilities, and government offices, and to amend the residential district requirements to allow, as a permitted • use, government offices. Attachments • Definitions, Governmental Buildings and Facilities; Governmental Offices • Single Family Residential Permitted and Conditional Uses Analysis As a result of the public testimony regarding the recent land use and zone change request by Hoyt Partners and Sherburne County to change certain property from residential to business park, the Commission directed staff to amend the definitions of government buildings and facilities, governmental offices, and to allow governmental offices as a permitted use in the single family zoning districts. Attached please find a draft ordinance amendment with the changes as reviewed by the Planning Commission at the February 13, 2001 special meeting. Recommendation Staff recommends that the Planning Commission, if it finds the attached • language acceptable, recommend approval of the ordinance amendment for government offices and facilities to the City Council. S:\PLANNING\MICHMC\PLREPRTS1OA01-03.DOC 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone (763) 441-7420 • Fax (763)441-7425 GOVERNMENTAL BUILDINGS AND FACILITIES: 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, corrcctional faciliticc, jails, courthouses, and waste handling or processing facilities. These uses are intended to be distinguished from "governmental offices' and "essential services. " 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, courthoucca, jailc operated on the camc cite and as part of a city or county courthouac, 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. • • • R-1 - Single Family Residential A. Permitted Uses i. Single family dwelling ii. Licensed day-care facilities for 12 or fewer children iii. Model homes in compliance with Section 900 .20, Subsection 13 iv. Agricultural uses in R-la (more than 5 acre lot size) v. Public parks, playgrounds and open space vi . Permitted home occupations vi. Truck tractor and/or trailer parking (non-platted parcels five (5) acres in size or greater within the R-la) vii . Open space preservation development plats within Rla (Residential Clustering) • viii. Governmental Offices B. Accessory Uses i . Accessory farm structures ii. Public shelters and essential services iii. Garages and sheds including metal skin buildings in R-la districts. iv. Private recreational facilities C. Conditional Uses i. Conditional home occupations ii. Fairground facilities iii. Golf courses and Country Clubs iv. Governmental buildings and facilities v. Temporary mobile homes consistent with Section • 900 .20 vi. Institutional uses • vii. Licensed daycare facilities in institutional buildings viii.Agricultural uses in R-la (less than 5 acre lot size) ix. Agricultural uses in R-lb, R-lc, R-ld, and R-le (5 acre minimum lot size) x. Feedlots in R-la xii. Commercial kennels in R-la xiii. Private kennels in R-la xiv. Truck tractor and/or trailer parking (platted parcels or parcels less than five (5) acres in size within the R- la) xv. Cooperative gardening in preserved open space xvi. Horticulture and floriculture services in preserved open space • xvii. Private stables in preserved open space xviii . Wayside stand in preserved open space • • Sherburne County le ADMINISTRATOR BRIAN BENSEN March 22, 2001 13880 Highway 10 Elk River, MN 55330-4601 (763) 241-2701 O 1-800-433-5229 Michele McPherson, Director of Planning website: www.co.sherburne.mn.us email:admin@co.sherburne.mn.us City of Elk River P.O. Box 490 Elk River, MN 55330 Re: Case No. OA 01-03 Request to Amend Section 900.08 and 900.10.5 — Government Office and Facilities Ms. McPherson: Thank you for meeting with our County Board to explain and discuss the proposals and • definitions. That was very helpful, and I appreciate your time. I believe I understand the intent of the City Planning Commission is to allow most County (governmental)functions to be Permitted Uses in the Residential District. The exceptions, uses that could potentially create a larger impact on neighboring residences, would be listed as Conditional Uses in the Residential District. These Conditional Uses would include jails, public works facilities and waste handling facilities. The proposed ordinance changes would clarify the definitions and, I believe, would answer concerns of our neighbors. After discussion with the County Board, I am forwarding one request for your consideration. If the Planning Commission and City Council feel the change in definitions and the change in what is a permitted vs. a conditional use is a reasonable solution, one change from the proposed language is necessary. The proposal put "courthouses" in one definition while differentiating "county offices" in another. We would have great difficulty deciding where a courthouse ends and a county office building begins. Does the office of the County Attorney go in the courthouse or office building? Does it matter when using impact on the neighborhood as a standard? I think not, and request that"courthouse" remain in the definition of Governmental Offices, and thus would be permitted in the district. • An Equal Opportunity Employer 2 Michele McPherson Page 2 • Please forward this request to the Planning Commission and City Council on our behalf. I will not be able to attend the Planning Commission meeting in March but will be available for the City Council on April 16`n Thank you again for your efforts toward a reasonable solution. Si/ - ely, J. Bensen County Administrator CC: Betsy Wergin, Sherburne County Board Chair Pat Klaers, Elk River City Administrator Tim Brausen, Assistant County Attorney • i