5.1 Item # 5.1.
Oity of
Elk •
MEMORANDUM
TO: Planning Commission
FROM: Michele McPhersok Director of Planning
DATE: September 22, 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
Zoning/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. 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 would like to ensure that a
future liquor store could be built on the site without another zone change.
•
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD &Phone: (612)441-7420 • Fax: (612) 441-7425
Memo to the Planning Commission/OA 99-15
September 28, 1999
Page 2
• Analysis
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
C. Conditional Uses
i . Enclosed light manufacturing with related retail sales
• ii . Car, RV and marine sales
Memo to the Planning Commission/OA 99-15
September 28, 1999
Page 3
• 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
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
Memo to the Planning Commission/OA 99-15
September 28, 1999
Page 4
• 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.
Recommendation
Staff recommends that the Planning Commission recommend approval of the ordinance
amendment to allow liquor stores as a conditional use permit in the C3, Highway
Commercial District.
III
II
• 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
•
Stephanie Klinzing
Mayor
Sandra A. Peine
City Clerk
•
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