7.8. SR 11-18-1996ity of
ITEH 7.8.
MEMORANDUM
iver
FROM:
Mayor and City Council
Steven B. Ach, City Planner~~
DATE:
November 18, 1996
SUBJECT: Consider Resolution No. 96-
Issue
Consider Resolution 96-_~ directing no permits or approvals be granted for
Class I restaurants in the C3 zoning district.
Overview
At last month's City Council meeting, the Council initiated an ordinance
amendment to review the merits of including Class I restaurants as a conditional
use permit in the C3 (Highway Commercial) zoning district. Presently, Class I
restaurant is a permitted use in the C3 district. Therefore, if an application was
made for a building permit to develop a Class I restaurant in any C3 district, the
Planning Commission nor City Council would review the development; rather,
the project would be reviewed at a staff level based on the city's current
performance standards.
The resolution before the City Council would defer development of a Class I
restaurant until the Planning Commission and City Council reviewed the
proposed ordinance amendment allowing Class I restaurants as a conditional use
in the C-3 zoning district. Staff has brought this resolution before the Council in
light of a potential application that may be made for a Class I restaurant prior to
the ordinance amendment being completed. If that application is made without
the Council taking action on this resolution, the Council will not have an
opportunity to review that proposed restaurant, on the other hand, if the
resolution is adopted and eventually the ordinance amendment is adopted, the
Council will have the opportunity to review the site plans for any future
restaurant proposals in the C3 district.
Action Requested
The City Council is asked to consider Resolution No. 96-__., directing no permits
or approvals be granted for Class I restaurants in the C-3 (Highway Commercial)
zoning district until the City Council can hold a public hearing and act upon the
proposed zoning ordinance amendment.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
CITY OF ELK RIVER
CITY COUNCIL
RESOLUTION 96-
A RESOLUTION DIRECTING THAT NO PERMITS OR APPROVALS BE
GRANTED FOR CLASS I RESTAURANTS IN C-3 (HIGHWAY COMMERCIAL)
DISTRICTS
WHEREAS,
the City Council has initiated an ordinance amendment to the City's
existing ordinance which would allow Class I restaurants as a conditional
use in C-3 zoning districts; and
WHEREAS, the Planning Commission will be conducting a public hearing on the
proposed ordinance amendment on November 26, 1996; and,
WHEREAS, the City Council will also consider the proposed ordinance amendment on
December 16, 1996; and,
WHEREAS,
the City Council finds that it is in the best interests of the citizens of Elk
River and it is necessary to protect the integrity of the planning process
to restrict the issuance of building permits for Class I restaurants in the
C-3 zoning district until the City Council can hold a public hearing and
act on the proposed zoning ordinance.
NOW, THEREFORE, the City Council of the City of Elk River, Minnesota, finds and
resolves as follows:
City staff is directed to schedule a public hearing on the proposed
ordinance amendment on November 26th and December 16, 1996.
City staff is directed not to issue any building permit for the development
or construction of a Class I restaurant in the C-3 zoning district until the
City Council has acted on the proposed ordinance amendment and the
City Council action has taken effect as provided by law.
Passed and adopted by the City Council of the City of Elk River, Minnesota, this __
day of ,1996.
ATTEST:
Henry A. Duitsman, Mayor
Sandra A. Thackeray, City Clerk
s :XdocumentXresolutionXrestaur.doc