6.9. SR 08-20-2007
REQUEST FOR ACTION
To
Ci Council
Agenda Section
Communi Develo ment
Meeting Date
Au st 20, 2007
Item Number
6.9.
Prepared by
erem Barnhart, Plannin
Reviewed by
Scott Clark, Community Development
Director
Item Description
Request by the City of Elk River for Ordinance Amendment to
Allow Physical Recreation/ Training Facilities as an Interim Use
in Business Park Zoning District, Case No. OA 07-11 - Public
Hearing
Administrator
Action Reauested
Planning Commission and Staff recommend adoption of an Ordinance that would allow Physical
Recreation/Training (PR/1) as a permitted use in the BP zoning district if less than 5,000 sq ft, and allow
PR/T as a conditional use if the space is greater than 5,000 sq ft.
Backaround/Discussion
At its meeting on July 16th, the City Council directed staff to develop an ordinance that would allow
Physical Recreation/Training (PR/1) as an interim use (IUP) in the Business Park zoning district if the
underlying land use is industrial, in response to concerns from a local business desiring to locate into the
Elk River business park.
The City Council recendy approved (July 16, 2007) an ordinance amendment that allowed PR/T in the
Business Park zoning district, if the underlying land use designation, per the Comprehensive Plan, is
mixed use or highway commercial (Case No. OA 07-06).
The City Council felt that allowing PR/T as an interim use would not negatively impact the goals of the
district. No timeline for the IUP was established by the City Council on July 16th.
Attachments
· Proposed Ordinance - Option A
· Proposed Ordinance - Option B
Overview / Analvsis
Based on the direction received from Council, Staff proposes the ordinance as follows. Interim uses have
a sunset date, or sunset event that triggers the ceasing of the use. Historically, the City policy has allowed
IUP's for 3 years. Staff would suggest no change from this practice:
Sec. 30-1294. BP business park district.
Permitted uscs Interim Uses
Physical Recreation/ Training. for a period not to exceed 3 years.
Alternative Direction
Interim Uses are generally permitted to allow continued use of land pending some regulatory or market
change, anticipating that the use in question would not be appropriate in the future, or after some event.
Interim uses can be very effective in tnaXitnizing land use during this period of transition, and allow the
market greater mobility to accept these changes when they do occur.
In professional analysis, Staff recommends proceeding toward an interim use very cautiously, especially
based on an assumption that the use will choose to move when the market changes, because a market
change is often subde at ground level. Additionally, the market change will need to be very pronounced
to offset costs in relocating a business, twice in three (or five) years. Any goodwill garnered from
allowing an interim use will be lost in requiring this use to abandon its improvements in the establishment
of the business.
If the Planning Commission or Council feels PR/T is an appropriate use in the BP zoning district, Staff
would suggest allowing it as a permitted use, rather than a interim use, to eliminate potential future
problems enforcing the interim use permit.
Planning Commission Discussion
At their meeting on August 14, the Planning Commission discussed at length the merits of a interim use,
concluding unanimously that an interim use was not the appropriate solution. This was supported by the
business community in attendance, who felt that a permanent use was more beneficial to their business.
The Commission also discussed the pros and cons of allowing PR/T in the areas of the community set
aside for industrial. The discussion was split, some felt that the areas for industrial should be preserved
for industrial uses: to avoid opportunities lost and to maximize job creation, and some felt that PR/T in
an industrial area was acceptable for several reasons, including providing recreation options in town,
avoidance of vacant industrial buildings, and consistency of use with building provision.
The Commission also discussed the possibility of placing a limitation of PR/T uses within a given
building or the BP district, to preserve the industrial quality of the district.
Ultimately, the Planning Commission recommends an ordinance that allows PR/T in the BP zoning
district (regardless of the underlying land use): 5,000 sq ft and less, permitted use, 5,001 sq ft or more,
conditional use.
The Council has a couple of directions in which they may proceed:
.
Approve an Ordinance that allows PR/T in the BP zoning district as an Interim Use.
Approve an Ordinance that allows PR/T in the BP zoning district as a Permitted/ Conditional
use, based on size.
Redirect the Ordinance to the Planning Commission for further discussion, with direction.
Accept no change to the Ordinance as recendy drafted.
.
.
.
Staff has prepared two Ordinances: one that is consistent with the recommendation of the Planning
Commission (Option A) and one that is consistent with the direction of the City Council (Option B).
Action
Motion by _
Second by _
Vote
Follow Up
.
.
.
OPTION A
ORDINANCE 07-
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING CERTAIN
SECTIONS OF CHAPTER 30 OF THE ELK RIVER CITY CODE TO
DEFINE AND REGULATE VARIOUS RECREATION USES
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. That Section 30-1294, , subsections (b) and (d) of the Elk River City
Code, shall be amended to read as follows:
(b) Permitted uses. Permitted uses in the BP district are as follows:
j. Physical Recreation or Training, if less than 5,000 square feet, plwvided
the underlying land use in the Comprehensi~v'e Plan i3 Mixed Use or Highway
Business.
(d) Conditional uses. Conditional uses in the BP district are as follows:
(1) Conditional uses are as follows:
h. Physical Recreation or Training, if 5,000 sq feet or greater,
prCYv'ided the underlying land use as provided in the Comprehensi'vT
Plan is Mixed Vse or Highway Business.
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 20th day of
August, 2007.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
s:\ordinances\2007 ordinances\ordinance permitted-cup (opt a).doc
OPTION B
ORDINANCE 07-
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING CERTAIN
SECTIONS OF CHAPTER 30 OF THE ELK RIVER CITY CODE TO
DEFINE AND REGULATE VARIOUS RECREATION USES
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. That Section 30-1294, , subsections (b) and (d) of the Elk River City
Code, shall be amended to read as follows:
(b) Permitted uses. Permitted uses in the BP district are as follows:
j. Physical Recreation or Training, if less than 5,000 square feet, provided
the underlying land use in the Comprehensive Plan is Mixed Use or Highway
Business.
(d) Conditional uses. Conditional uses in the BP district are as follows:
(1) Conditional uses are as follows:
h. Physical Recreation or Training, if 5,000 sq feet or greater,
provided the underlying land use as provided in the Comprehensive
Plan is Mixed Use or Highway Business.
i. Physical Recreation or Training may be approved as an interim use
if the underlying land use is industrial for any size
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 20th day of
August, 2007.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
s:\ordinances\2007 ordinances\ordinance interim (opt b). doc