6.3. SR 04-16-2001City of
E
River
MEMORANDUM
Item # 6.3.
TO:
FROM:
DATE:
SUBJECT:
Mayor & City Council
Michele McPhersoi~', Director of Planning
April 16, 2001
Case No. OA 01-03
Request by City of Elk River to Amend Section 900.08 and 900.10.5. -
Government Office and Facilities
Request
The City Council is asked to review and evaluate an amendment to change the
definition of government buildings and facilities, and government offices, and to
amend the residential district requirements to allow, as a permitted use,
government offices.
Attachments
· Definitions, Governmental Buildings and Facilities; Governmental Offices
· Single Family Residential Permitted and Conditional Uses
· Ordinance No.
· Letter from Sherburne County dated March 22, 2001
Analysis
As a result of the public testimony regarding the recent land use and zone
change request by Hoyt Partners and Sherburne County to change certain
property from residential to business park, the Planning Commission directed
staff to amend the definitions of government buildings and facilities,
governmental offices, and to allow governmental offices as a permitted use in the
single family zoning districts.
Plannin.q Commission Action
The Planning Commission conducted a public hearing regarding the request at
its March 27, 2001 meeting. No one spoke for or against the request. The
Commission discussed Sherburne County's request to move the word
S:\PLANNING~vllCHMC\CCREPRTS\OA01-03.DOC
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone (763) 441-7420 · Fax (763) 441-7425
Memo to Mayor & City Council/OA 01-03
April 16, 2001
Page 2
"courthouse" back into the definition of Governmental Offices. The voted
unanimously to recommend the ordinance change as it was drafted by staff.
Recommendation
Staff recommends that the City Council, if it finds the attached language
acceptable, approve the attached ordinance amendment.
GOVERNMENTAL BUILDINGS AND FACILITIES: Any building, structure, or
facility for the purpose of a facility serving certain governmental
functions. These uses are intended to include uses that are
supportive of governmental functions such as public works facilities,
ccrrccticnal facilitics, jails, courthouses, and waste handling or
processing facilities. These uses are intended to be distinguished
from "governmental offices' and "essential services."
GOVERNMENTAL OFFICES: Any facility, building, and structure for the
purpose of providing governmental services to the general public.
Uses intended are generally compatible with office and residential
uses and include city offices, county offices, ecurtkcu~as, jails
libraries, and post offices. These uses are intended for the direct
provision of governmental services to the public as distinguished from
governmental buildings and facilities.
R-1 - Single Family Residential
A. Permitted Uses
i. Single family dwelling
ii. Licensed day-care facilities for 12 or fewer
children
iii. Model homes in compliance with Section 900.20,
Subsection 13
size)
iv. Agricultural uses in R-la (more than 5 acre lot
v. Public parks, playgrounds and open space vi.
Permitted home occupations
vi. Truck tractor and/or trailer parking (non-platted
parcels five (5) acres in size or greater within the R-la)
vii. Open space preservation development plats within
Rla (Residential Clustering)
viii. Governmental Offices
B. Accessory Uses
i. Accessory farm structures
ii. Public shelters and essential services
iii. Garages and sheds including metal skin buildings
in R-la districts.
iv. Private recreational facilities
C. Conditional Uses
i. Conditional home occupations
ii. Fairground facilities
iii. Golf courses and Country Clubs
iv. Governmental buildings and facilities
v. Temporary mobile homes consistent with Section
900.20
vi. Institutional uses
size)
vii. Licensed daycare facilities in institutional
buildings
viii.Agricultural uses in R-la (less than 5 acre lot
ix. Agricultural uses in R-lb, R-lc, R-id, and R-le
(5 acre minimum lot size)
x. Feedlots in R-la
xii. Commercial kennels in R-la
xiii. Private kennels in R-la
xiv. Truck tractor and/or trailer parking (platted parcels
or parcels less than five (5) acres in size within the R-
la)
xv. Cooperative gardening in preserved open space
xvi. Horticulture and floriculture services in preserved
open space
xvii. Private stables in preserved open space
xviii. Wayside stand in preserved open space
ORDINANCE 01-
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 900.08 AND SECTION 900.10.5. OF THE CITY CODE OF
ORDINANCES
CASE NO. OA 01-03
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.08 titled, DEFINITIONS, of the City of Elk River
Code of Ordinances shall be amended to read as follows:
GOVERNMENTAL BUILDINGS AND FACILITIES: Any building,
structure, or facility for the purpose of a facility
serving certain governmental functions. These uses are
intended to include uses that are supportive of
governmental functions such as public works facilities,
jails, courthouses, and waste handling or processing
facilities. These uses are intended to be distinguished
from "governmental offices" and "essential services."
GOVERNMENTAL OFFICES: Any facility, building, and structure
for the purpose of providing governmental services to the
general public. Uses intended are generally compatible
with office and residential uses and include city offices,
county offices, libraries, and post offices. These uses
are intended for the direct provision of governmental
services to the public as distinguished from governmental
buildings and facilities.
Section 2. Section 900.12.5 titled, PERMITTED, ACCESSORY, AND
CONDITIONAL USES BY DISTRICT - R-1 - Single Family Residential, A. -
Permitted Uses, of the City of Elk River Code of Ordinances shall be amended to add
the following:
viii. Governmental Offices
Section 3. 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 16th day of
April, 2001.
Stephanie Klinzing
Mayor
Attest:
Sandra A. Peine, City Clerk
s:\planning\ordinanc\oa01-03a.doc
ORDINANCE 01-
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 900.08 AND SECTION 900.10.5. OF THE CITY CODE OF
ORDINANCES
CASE NO. OA 01-03
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.08 titled, DEFINITIONS, of the City of Elk River
Code of Ordinances shall be amended to read as follows:
GOVERNMENTAL BUILDINGS AND FACILITIES: Any building,
structure, or facility for the purpose of a facility
serving certain governmental functions. These uses are
intended to include uses that are supportive of
governmental functions such as public works facilities,
jails, courthouses, and waste handling or processing
facilities. These uses are intended to be distinguished
from "governmental offices" and "essential services."
GOVERNMENTAL OFFICES: Any facility, building, and structure
for the purpose of providing governmental services to the
general public. Uses intended are generally compatible
with office and residential uses and include city offices,
county offices, courthouses, libraries, and post offices.
These uses are intended for the direct provision of
governmental services to the public as distinguished from
governmental buildings and facilities.
Section 2. Section 900.12.5 titled, PERMITTED, ACCESSORY, AND
CONDITIONAL USES BY DISTRICT - R-1 - Single Family Residential, A. -
Permitted Uses, of the City of Elk River Code of Ordinances shall be amended to add
the following:
viii. Governmental Offices
Section 3. 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 16th day of
April, 2001.
Stephanie Klinzing
Mayor
Attest:
Sandra A. Peine, City Clerk
s:\planning\ordinanc\oa01-03b.doc
ADM; elr ur TRATOR
BRIAN BENSEN
March 22, 2001
Michele McPherson, Director of Planning
City of Elk River
P.O. Box 490
Elk River, MN 55330
13880 Highway 10
Elk River, MN 55330-4601
(763) 241-2701 ~3 1-800-433-5229
website: www. co. sherburne, mn. us
email: a dmin @ co. sherburne, mn. us
Re: Case No. OA 01-03
Request to Amend Section 900.08 and 900.10.5 -
Government Office and Facilities
Ms. McPherson:
Thank you for meeting with our County Board to explain and discuss the proposals and
definitions. That was very helpful, and I appreciate your time.
I believe I understand the intent of the City Planning Commission is to allow most
County (governmental) functions to be Permitted Uses in the Residential District. The
exceptions, uses that could potentially create a larger impact on neighboring residences,
would be listed as Conditional Uses in the Residential District. These Conditional Uses
would inclUde jails, public works facilities and waste handling facilities. The proposed
ordinance changes would clarify the definitions and, I believe, would answer concerns of
our neighbors.
After discussion with the County Board, I am forwarding one request for your
consideration. If the Planning Commission and City Council feel the change in
definitions and the change in what is a permitted vs. a conditional use is a reasonable
solution, one change from the proposed language is necessary. The proposal put
"courthouses" in one definition while differentiating "county offices" in another. We
would have great difficulty deciding where a courthouse ends and a county office
building begins. Does the office of the County Attorney go in the courthouse or office
building? Does it matter when using impact on the neighborhood as a standard? I think
not, and request that "courthouse" remain in the definition of Governmental Offices, and
thus would be permitted in the district.
An Equal Opportunity Employer
Michele McPherson
Page 2
Please forward this request to the Planning Commission and City Council on our behalf.
I will not be able to attend the Planning Commission meeting in March but will be
available for the City Council on April 16th.
Thank you again for your efforts toward a reasonable solution.
Bt'i~ JJBensen
County Administrator
CC: Betsy Wergin, Sherburne County Board Chair
Pat Klaers, Elk River City Administrator
Tim Brausen, Assistant County Attorney