RES 19-70City of Elk River
City Council
Resolution 19- 70
A Resolution of the City Council of the City of Elk River Denying the Request
for an Ordinance Amendment to Allow Auto Sales as a Conditional Use in
the FAST - The Point Zoning District
WHEREAS, Pat Briggs, Sun Rae Apartments, LLC, ("Applicant"), has applied
("Application") for an Ordinance Amendment (Case No. OA 19-09) to add Auto Sales
(Dealership) as a Conditional Use in the "FAST — The Point" zoning district; and
WHEREAS, the record in this matter shall include all of the materials submitted to the
Planning Commission and City Council in connection with the September 30, 2019,
Ordinance Amendment Application; including the staff reports and all attachments thereto,
all other written materials submitted to the Planning Commission and City Council, and all
staff presentations and other testimony taken at the public meetings considering the
Application for the Ordinance Amendment, all of which is incorporated in and made a part
of the findings of fact and this resolution; and
WHEREAS, the Planning Commission held a public hearing on October 22, 2019, to
receive testimony and evidence from city staff, the Applicant and any other persons
regarding the Application; and
WHEREAS, the Planning Commission recommended denial of the Application; and
WHEREAS, the City Council held a public hearing on November 18, 2019, to receive
testimony and evidence from city staff, the Applicant and any other persons regarding
whether the Application should be approved; and
WHEREAS, the Applicant and all others wishing to speak were given numerous
opportunities to present testimony to the Planning Commission and City Council; and
WHEREAS, the City Council, at the conclusion of its November 18, 2019, public hearing
on the Applicant's Application, directed staff to prepare a resolution making findings of fact
denying the Application as the use is not consistent with the city's Comprehensive Plan.
NOW, THEREFORE, the City Council of the City of Elk River makes the following
findings of fact and decision with respect to the Application by Pat Briggs, Sun Rae
Apartments, LLC, for an ordinance amendment to add Auto Sales (dealership) as a
Conditional Use in the "FAST — The Point" zoning district.
Few is ED B 1
NATuR�
FINDINGS OF FACT
1. The FAST — The Point Zoning District was established on September 6, 2016, upon
approval of the zone change and ordinance amendment by the City Council of Elk
River.
2. The list of allowed uses did not include automobile sales (dealerships) as a permitted,
conditional, or accessory use in the FAST — The Point zoning district, and no
permitted or non -permitted automobile sale uses existed within the zoning district at
the time of adoption.
3. Establishment of the FAST Zoning District is consistent with the land use guidance
of High Density Residential provided by the Comprehensive Plan, adopted May 19,
2014, and the 1715L Avenue Focused Area Study (FAST) small area plan, adopted
June 2, 2010.
4. On September 30, 2019, the Applicant submitted an Ordinance Amendment
application, Case No. OA 19-09. The application was deemed complete and
scheduled for review by the Planning Commission and City Council.
5. Ordinance Amendments relating to land use and zoning are reviewed by the
Planning Commission and City Council and are evaluated based on consistency with
the guidance in the Comprehensive Plan.
6. The Planning Commission reviewed the Application on October 22, 2019, and voted
7-0 to deny the Application as the proposed auto sales use was not consistent with
the Comprehensive Plan's guidance for High Density Residential uses.
7. On November 18, 2019, the City Council reviewed the Application, and received
additional testimony from the applicant.
8. The City Council concurs with the Planning Commission's recommendation and,
based on the record generated in these proceedings makes the following findings of
fact related to the Ordinance Amendment application:
a. Automobile Sales (dealerships) are not consistent with the Comprehensive
Plan's guidance for High Density Residential uses in the FAST — The Point
zoning district.
9. Taking into consideration all of the testimony and evidence received, the City
Council finds that the Applicant has not established that it has met the requirements
for approval of an Ordinance Amendment and that it would not be in the public
interest to approve the Application.
INATURE
DECISION
Therefore, the City Council of the City of Elk River denies the Application for an ordinance
amendment to add Auto Sales (dealership) as a Conditional Use in the "FAST — The Point"
zoning district, based on the findings of fact set forth above.
Passed and adopted this 16s' dap of December 2019.
ATTEST:
i
Tina Allard, City Clerk
I
"ie, ayor
F 0 I E I EI IT
�►��ru��