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5.7. PCSR 03-09-2010Action requested Staff recommends approval of the Ordinance as drafted. a~c ~°®unl iscuss~~n The location of certain uses adult uses, pawn shops, smoke or tobacco shops, etc is regulated, in part, by their proximity to other land uses, The intent of the separation requirement is to separate these uses from each other and less intense uses, more children-dominated areas. Pawn shops are prohibited from being within 250 feet from a residential zone, and 500 feet from schools, parks, day care centers, churches and other pawnshops, measured from the property line, Park is an undefined term, and is commonlythought to include public or private areas reserved for recreation open to the public. ~n terms of applying the distance requirements, this definition is inadequate. For example, is a body of water Mississippi River, Lake arono} a park? Are the fairgrounds a parka Staff has prepared an ordinance that attempts to define park for the purposes of applying distance requirements in Section 30, Land Development Regulations. "Parks shall mean public or private land dedicated or designated for passive or active recreational uses, including, but not ' 'ted to dedicated city, county, or state parks and open space, private parks, and county fairgrounds. " ttachr~ents Draft ordinance w ANI ORDINANCE OF THE CITY OF ELK RIVER AMENDIING ~CTI S 30-i THIS {C RId CITI( DE F RDI CES 't' EFI1~ BARKS S PAii°T F 'rl~l SEPE °TI~N UIF~E 17'S F CERTAIN USES The CitST Council of the City of Elk River does hereby ordain as follows: Section ~.. That Section 34-~ of the City of Ells River Code of ordinances enumerating words, terms and phrases shall be amended to add the following; Parks shall paean public or private land dedicated or designated for passive or active recreational uses, including, but not limited to dedicated city, county, or state parks and open space, private parks, and counter fairgrounds. Section 2, That this o~•dinance shall tale effect upon. publication as provided bylaw. Passed and adopted by the City Council of tlae Cite of Elk River this day of Stephanie Kl.inzing, Mayor ATTEST: Tina Allard, City Clerk s;~planning main~casc files~oa1aa 14T43 pare dcfinitian~oa ~0-03 ordinance 3-3-to,doc