6.2. SR 07-16-2007 - Laserfiche WebLink

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REQUEST FOR ACTION To Ci Council Agenda Section Communi Develo ment Item Description Request by City of Elk River for Ordinance Amendment Regarding Recreational Facilities in Business Park Zoning District, Case No. OA 07-06 - Public Hearing Item Number 6.2. Prepared by erem Barnhart, Plannin Reviewed by Scott Clark, Community Development Director Reviewed by Meeting Date ul 16, 2007 Action Requested Adoption of Ordinance as presented Back~round/Discussion A brief history related to this request: April 10, 2006, the applicant approached the City Council with a desire to put a Dance Studio in the Business Park zoning district. The Council directed staff to develop options for expansion of the use into other areas of the community. The project was known as the "Briggs Proposal". May 8, 2006, community development staff discussed the issues, including commercial and industrial inventory, economic policy goals, and recommended the Planning Commission review revisions to the ordinance. The applicant did not attend this discussion, and did not contact staff until March, 2007. March 21, 2007, staff received a building permit to finish space in the BP zoning district. Staff informed the applicant, Pat Briggs, that staff was unable to issue the permit for a use that is not a permitted or conditional use. May 8, 2007, Staff initiated an ordinance amendment, reviewed by the Planning Commission. The amendment suggested Commercial Recreation as a permitted use in the Business Park zoning district. After discussion, the Commission requested additional information, and the tabling of the item until their workshop. May 22, 2007 PC workshop, the Commission directed staff to expand the definitions, to better reflect the use and placed various "recreation" uses in the C-1 and C-3 zoning districts. May 29, 2007, Staff received the CUP application for a dance studio. Although the applicant does not state for which use, it is understood that they were applying under a Vocation, technical, or trade school, based on their arguments that they are teaching a skill, and that this is the most similar among those listed. After discussing it with the City Attorney, Staff returned the application because the City could not act on it, interpreting a dance studio as not a use consistent with a technical, vocational, or trade school. June 1, 2007, the applicant has stated their intent to appeal. Both the City Attorney and Staff have instructed him on the formal procedure to appeal; to date, no formal appeal has been received. June 12, 2007 PC meeting, after holding a second public hearing, the Commission forwarded a recommendation of approval June 18, 2007 CC Meeting, the City Council reviewed the draft provisions, and directed staff to develop an ordinance. The Council was clear in its direction that certain areas of the City should be preserved for true industrial uses, including industrial and business park areas.