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Planning Commission Minutes September 28, 1999 Page 2 . Allina Heath Care is interested in acquiring the city-owned lot to combine with two adjoining lots in order to construct a medical clinic. The City Council would like to ensure that if the property is rezoned to C3 Highway Commercial and then is not sold to Allina, the city will have the option to construct a liquor store on the site. Chair Cote opened the public hearing. Carol Mills, representative of Guardian Angels, felt the ordinance amendment was premature. There being no further comments from the public, Chair Cote closed the public hearing. Commissioner Kuester stated she felt the use should already have been permitted in the C3 zoning. Commissioner Thompson stated that she felt the use required a conditional use permit, so that controls can be set. COMMISSIONER THOMPSON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR AN ORDINANCE AMENDMENT TO ALLOW OFF-SALE LIQUOR STORES AS A CONDITIONAL USE IN THE C3, HIGHWAY COMMERCIAL DISTRICT, PUBLIC HEARING CASE NO. OA 99-15. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2. Determine Compliance of City-owned Property with Comprehensive Plan . Staff report by Michele McPherson. The Planning Commission is requested to review the possible sale of city-owned property (Lot 2, Block 1, Fox Haven Commercial) for compliance with the Comprehensive Plan. The property is currently zoned C4, Neighborhood Commercial, with an underlying land use of CC, Community Commercial. If the rezoning is approved, the land use designation will also need to be changed to HB, Highway Business. Chair Cote stated that he felt the land use should have been considered before the rezoning. Peter Beck, City Attorney, explained that either can be considered first. Commissioner Kuester asked if a medical clinic was permitted in the C4 zoning. Ms. McPherson indicated that medical clinics are not listed as either a permitted or conditional use. Commissioner Kuester felt that the use should be included in C4 and she would support an ordinance amendment to that effect. The Commissioners concurred with Commissioner Kuester. COMMISSIONER KUESTER MOVED TO DETERMINE THAT THE SALE OF LOT 2, BLOCK 1, FOX HAVEN COMMERCIAL, IS NOT CONSISTENT WITH THE CITY'S COMPREHENSIVE PLAN. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-1. Chair Cote opposed. 5.3. Reauest by Timco for Rezoninq (Fox Haven Commercial) from C4 to C3, Public Hearinq Case No. IC 99-8 .