5.3. PCSR 08-14-2007City of
Elk -~-_-
River
REQUEST FOR ACTION
To Item Number
Planxun Commission 5.3.
Agenda Section Meeting Date Prepared by
Plannin Items Au st 14, 2007 erem Barnhart, Plannin Mana er
Item Description Reviewed by
Request by the City of Elk River for Ordinance Amendment to Scott Clark, Community Development
allow physical recreation/ training facilities as an interim use in Director
Business Park Zoning District, Case No. OA 07-11 -Public Reviewed by
Hearing Lori ohnson, Ci Administrator
Action Requested
Recommendation to the City Council relative to Interim Uses in Business Park zoning district.
Bacl~round/Discussion
At its meeting on July 16~', the City Council directed staff to develop an ordinance that would allow
Physical Recreation/Training (I'R/T) as an interim use in the Business Park zoning district, in response
to concerns from a local business desiring to locate into the Elk River business park.
The City Council recently approved an ordinance amendment that allowed PR/T in the Business Park
zoning district, depending on the underlying land use designation (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 16~'.
Attachments
None
Overview/ Analysis
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.
T~,..........~.7 , ; Interim U ses
Physical Recreation/ 'I'rainin~ for a period not to exceed 3 ~~ears.
With direction, Staff will prepare a formal ordinance amendment for codification and publication.
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 maximizing 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 subtle 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.
Respectfully Submitted
~~
Jeremy Barnhart
Planning Manager
Action Motion by Second by Vote
Follow Up