8.1a. SR 01-22-2019Request for Action
To Item Number
Mayor and City Council 8.1a
Agenda Section Meeting Date Prepared by
Public Hearings January 22, 2019 Chris Leeseberg, Senior Planner
Item Description Reviewed by
Ordinance Amendment: Adding Institutional Uses Zack Carlton, Planning Manager
to MU-ERP District - Glory of Christ Fellowship,
Reviewed by
550 Freeport Ave. NW
Cal Portner, City Administrator
Action Requested
Adopt, by ordinance, the proposed amendment to Section 30-1584, MU-ERP.
Purpose of the Ordinance Amendment
The applicant is requesting an ordinance amendment to utilize
approximately 13,000 square feet of vacant building space on the
subject property.
Public Benefit
The MU-ERP is a commercial/residential district adjacent to
Highway 169. The three commercial districts (C1, C2, & C3) within
the city allow institutional uses as a conditional use. Allowing the
conditional use in the MU-ERP will be consistent with the other
commercial districts.
Background/Discussion
Case No. OA 18-07
The applicant is seeking an ordinance amendment to allow
institutional uses as a conditional use to operate a church in the
13,000 square foot vacant portion of the building on site. With
approval of the proposed ordinance amendment the use would be
allowed with a CUP, which they have also applied for (CU 18-20).
The MU-ERP area is subdivided into 3 subzones:
Subzone A - Multiple-family residential
Subzone B - Single-family residential
Subzone C – Commercial (this is the section being amended)
Subzone C would be the only portion of the district amended to allow the Use.
Planning Commission Meeting Summary
During the public hearing, Rich Schultz (510 Freeport Ave) discussed taxes, traffic/congestion, and his
concerns of allowing this use turning this development into one like the Spectrum High School
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
development.
The Planning Commission concern was periodic event parking such as weddings and funerals. Staff
indicated there are 300 immediate parking stalls with 500 stalls available on adjacent properties to the
north, with parking agreements in place.
The Planning Commission had no concerns with the request and unanimously recommended approval of
the request.
Staff has not received any additional comments since the Planning Commission meeting.
Financial Impact
None
Statutory Review Period
Per State Statute §15.99, the required 60-day review period ends on January 25, 2019.
Attachments
Location Map
Applicant’s Narrative
Ordinance
N:\\Public Bodies\\Agenda Packets\\01-22-2019\\Final\\8.1a sr.docx
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Ordinance 19 - ____
An Ordinance Amending Chapter, 30-1584, MU-ERP mixed use Elk River Plaza
district of the City of Elk River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That § Section 30-1584 (d) (3), MU-ERP mixed use Elk River Plaza district of the
City of Elk River Code of Ordinances shall be amended as follows:
(d) Subzone C. Commercial.
(3) Conditional uses are as follows:
a. Carwashes.
b. Class II restaurants.
c. Commercial recreation, outdoor.
d. Commercial recreational facilities, indoor.
e. Dry cleaning establishment.
f. Enclosed light manufacturing with related retail sales.
g. Equipment rental businesses with no outdoor storage.
h. Financial institutions.
i. Funeral parlors.
j. Governmental offices.
k. Institutional Uses.
k.l. Licensed day care facilities.
l.m. Motor vehicle specialty shops.
m.n. Nonprofit clubs, lodges or halls.
n.o. On-sale liquor establishments.
o.p. Pawnshops (250-foot setback from any residential zone and 500-foot setback from
schools, parks, day care centers, churches and other pawnshops, measured from the
property line).
p.q. Produce markets.
q.r. Sauna establishments.
r.s. Shopping centers.
s.t. Veterinary clinics.
SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 22nd day of January, 2019.
______________________________
John J. Dietz, Mayor
Last Updated January 2019
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ATTEST:
_______________________________
Tina Allard, City Clerk
Last Updated January 2019
Glory of ChristOA & CUPFellowship
AmendmentOrdinance
MUAllowing it is consistent with other commercial districtsC1, C2, & C3 allow Subzone Subzone Subzone -ERP is a commercial/residential districtA C B -–-SingleMultipleCommercial
(Institutional Uses -family residential-family residentialthis is what would be amendedas a CUP)
Background -OA
Requesting OA to allow Institutional Usecare facilities for principally inpatient careas a Institutional useplace of worshipmeans a place or facility which is designed for use , public
service, education, and for health .
Background -OA
Adopt, by ordinance, the proposed amendment to Section 30-1584, MU-ERP
Action Requested
Conditional Use Permit
Requesting CUP to operate an Institutional Use (church)Utilizing ~13,000 sqftWorship spaceStorage Office spaceNonClassrooms WeddingsPresentations-commercial kitchenspace
Background -CUP
Comp Plan Use meets this–Highway Business
Background -CUP
Public hearing:300PC concerned about periodic event parking-TaxesAre churches/schools best for commercial?Traffic/parking500 stalls available
Planning Commission
PC Unanimously No -concerns with the application recommended approval of the shows compliance with all request7 criteria for CUPrequest
CUP Requirements
Approve, by motion, the Section 30Adopt, by ordinance, the proposed amendment to Section 30--654 have been 1584, MU-ERPCUP as satisfiedthe standards set forth in
Action Requested