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9.6. SR 12-16-1996~ty of ITEM 9.6. iver FROM: DATE: SUBJECT: MEMORANDUM Mayor and City Council Scott Harlicker~ December 16, 1996 City of Elk River Request for Ordinance Amendment, Public Hearing Case No. OA 96-16 Request Consider a request by the city of Elk River to amend the zoning code to make hotels/motels and class I restaurants a conditional use in the C3 (Highway Commercial) district. Attachments · Ordinance No. 96- Overview Currently hotels/motels and class I restaurants (sit down) are permitted uses in the C3(Highway Commercial) and C 1(Central Commercial) districts and only require staff review prior to the issuance of a building permit. In the C4 (Neighborhood Commercial) district, class I restaurants are a conditional use, and in the BP(Business Park) district, hotels/motels area a conditional use and class I restaurants are a permitted use. With these uses there are often issues and off site impacts that, without input from the Planning Commission, City Council and the public, may not have the chance to be fully addressed. Each of these groups would have an opportunity for review and comment during the process of applying for a conditional use permit. A conditional use is an allowed use which is generally compatible with the zone in which it is allowed. However, because of some special characteristics inherent to its operation or installation it may not be appropriate for every location within that zone. The process of applying for a conditional use permit allows for the opportunity to place conditions on the approval which address the adverse impacts that were identified during the review process. There is also an opportunity for affected and other interested parties to comment on the project. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 ® (612) 441-7420 · Fax: (612) 441-7425 Memo to the Mayor and City Council December 16, 1996 Page 2 Issues which may be associated with hotel/motels and class I restaurants include traffic, screening, noise, hours of operation, hghting, height of buildings and odors. These issues can impact nearby residential areas. A recent illustration of how a class I restaurant can impact a residential neighborhood is the Perkins Restaurant project at Highway 169 and Dodge. Even though the restaurant is a permitted use, the residences on the other side of Dodge were directly impacted by the restaurant. Traffic, hghting and screening were among the issues that needed to be addressed and, because this project was part of a PUD and was reviewed as a conditional use permit, the issues were addressed. When reviewing an apphcation of this nature at an administrative level, there is no clear avenue for pubhc participation. While each community's situation is unique, it is often helpful to find out how other cities deal with a specific type of use. Six cities were surveyed as to how they review hotels/motels and class I restaurants; the following table is a summary of results: City Lakeville Savage Champlin Brooklyn Park Woodbury Plymouth Hotel/Motel Permitted 033) Auto Oriented District 034) General Business District (BDC) Central Business District (C2) Planned Community Center (C3) General Business District (C4) Downtown District (C5) Rural Business District (C2) General Business District (CH) Highway Business District (B2) Retail Business District (FD 1) Freeway District (C3) Highway Commercial District Conditional Use Permit 033) General Business District (B 1) Office Park District 032) General Business District (FD2) Freeway Impact District (FD3) Freeway General Impact District s:Xplsnningkscott\oa9616cc.doc Memo to the Mayor and City Council December 16, 1996 City Lakeville Savage Champlin Brooklyn Park Woodbury Plymouth Page 3 Class I Restaurants Permitted B3, B4, CBDC C2, C3, C4, C5 B2, B3 Conditional Use Permit (C 1) Office Business District, C2, CH 031) Central Business B1, B2, 033) Shopping Center FD 1, FD3 (C2) Central Business The cities of Brooklyn Park and Woodbury most closely resemble Elk River in how they review hotels/motels and class I restaurants. Those cities have them as permitted uses in some commercial zones and conditional uses in some commercial zones. Planning Commission meeting At the November 26,1996 Planning Commission meeting Paul Bell, owner of Bridgemans Restaurant, spoke out against the proposed amendment. He felt it placed and undue burden on business owners and they should not be penalized because some highway commercial districts are adjacent to residential areas. The fact these uses are also permitted uses in the C 1 (Central Commercial) district was also brought up. In the C 1 district, the surrounding properties are zoned either C2 (Office) district or industrial with the exception of 4 small lots on Jackson Avenue which are adjacent to a R2(Two Family Residential) district; therefore, compatibility with adjacent residential zones is less of an issue. There was also some discussion regarding the locating of restaurants in shopping centers and infill development downtown. If a class I restaurant locates in a shopping center, many of the concerns associated with a class I restaurant will have been addressed during the review required for the shopping center. Infill development downtown will be buffered from residential zones by office commercial zones and should not significantly impact those residential zones. s :\planning\scott\oa9616cc.doc Memo to the Mayor and City Council December 16, 1996 Page 4 Some class I restaurants also sell liquor. Under the current regulations, a class I restaurant requires administrative staff review as a permitted use prior to the issuance of a building permit. However, if a class I restaurant sells liquor, such as Chi Chi's or Applebee's, the project will be reviewed as conditional use permit because on-sale liquor is a conditional use. Recommendation Commissioner Minton made a motion to establish hotels/motels and class I restaurants as conditional uses in the C3(Highway Commercial) district and in the Cl(Central Commercial) district. The motion failed by a vote of 4 to 3. The Planning Commission recommended denial of the ordinance amendment to establish hotels/motel and class I restaurants as a conditional use in the C3 and C 1 districts. Establishing a use as a conditional use is not intended to set up barriers for property owners as they plan the development of their property or expand existing uses. Rather, the conditional use permit is intended to allow input from the City Council, Planning Commission and the public prior to the issuance of a building permit. Through this input performance standards affecting such issues as landscaping, signage, buffer zones, lighting, noise, litter and odors can be enhanced ff needed. s:Xplannin g\scott\oa9616cc.doc ORDINANCE 96 - CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 900.40 0 THE CITY CODE OF ORDINANCES (BOARD OF ADJUSTMENTS) TO PROVIDE THAT THE CITY PLANNING COMMISSION SHALL SERVE AS THE CITY BOARD OF ADJUSTMENTS AND TO PROVIDE FOR APPEAL FROM DECISIONS OF THE BOARD OF ADJUSTMENTS TO THE CITY COUNCIL CASE NO. OA 96-17 The City Council of the City of Elk River does hereby ordain as follows: Section 1. Section 900.40(1) of the City of Elk River Code of Ordinances shall be amended to read as follows: 1. Membership. The members of the Elk River Planning Commission shall serve as the Board of Adjustments (the Board) required pursuant to Minnesota Statutes 462.354, Subd. 2. Members shall serve until the expiration of their term as Planning Commission members. Board members shall serve without compensation but may be paid for necessary expenses. Section 2. That Section 900.40(2) of the City of Elk River Code of Ordinances shall be amended to read as follows: 2. Board Procedure. The Board may adopt rules of procedure for the transaction of its business consistent with the provisions of this Ordinance and Minnesota Statutes 462.351 through 462.364. Four members of the Board shall constitute a quorum. Regular meetings of the Board shall be held on the fourth Tuesday of each month or at such other times as are specified in its rules. Special meetings shall be held at the call of the Chair who shall be the Chair of the Planning Commission. Notice of special meetings shall be posted at the City Hall and transmitted to members at least three (3) days prior to the date of the meeting. There shall be a fixed place of meeting and all meetings shall be open to the public. A record shall be kept of the Board's transactions, findings and determinations. Section 3. That Section 900.40 (6) of the City of Elk River Code of Ordinances shall be amended by repealing existing subsections (B) and (C) and adopting new subsections (B), (C) and (D), which shall read as follows: B. Decision - Within a reasonable time after the hearing, the Board shall make a decision on the matter which shall be transmitted to the appellant or petitioner by mail. The Board shall act to approve, deny or approve with conditions the appeal or request for a variance. Decisions of the Board shall be final unless appealed to the City Council, and shall be effective on the eleventh day following the decision by the Board unless an appeal to the City Council is filed. s:Xdocument\ordinance\oa96-17.doc C. Appeals - Any person aggrieved by a decision of the Board on an appeal or a variance, including any city official or employee, may appeal that decision to the City Council. Appeals must be in writing, accompanied by the appropriate fee, and filed with the City Planning Department with ten (10) calendar days of the Board Decision. D. City Council Action - the City Council shall hear appeals from decisions of the Board within thirty (30) days of the filing of the appeal, unless that period is extended with the consent of the person who appealed to the City Council and the person who applied to the Board, both of whom shall receive written notice of the date and time when the City Council will hear the appeal. The City Council may reverse, affirm or modify, wholly or partly, the decision of the Board, and shall have all the powers of the Board in acting on appeals. Section 4. 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 __ ,1996. day of Henry A. Duitsman Mayor Sandra A. Thackeray City Clerk 2