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.''+~i <br />City of <br />Elk --~ <br />River <br />REQUEST FOR ACTION <br />To Item Number <br />Ci Council 3.10. <br />Agenda Section Meeting Date Prepared by <br />Consent January 22, 2008 Jeremy Barnhart, AICP <br /> Plannin Mana er <br />Item Description Reviewed by <br />Authorization to Direct Staff to Research Zoning Ordinance <br />Amendment Allowing Public Water/ Wastewater Treatment Reviewed by <br />Facilities in Light Industrial Zoning District <br />Action Requested <br />Authorization to prepare an ordinance amendment that would allow public water/ wastewater treatment <br />facilities as a permitted use in the I-1 zoning districts. <br />Background/Discussion <br />Essential Services are permitted in virtually every zoning district in the City. However, the defuution of <br />Essential Services excludes buildings or overhead transmission structures. This allows a neighborhood to <br />review a well house proposal in their back yard and possibly influence the location appearance, scale, etc <br />of the improvement. <br />The building components of Essential Services are treated as conditional uses. For example, the <br />wastewater treatment facility is a conditional use in the I-1 zoning district and the recently approved <br />expansions require a conditional use permit. <br />The challenge is that the public hearing process is designed to give residents the ability to understand the <br />proposal and voice their concerns to the elected leaders, who then may alter or otherwise mitigate the <br />impact of a proposed use. In this situation, the City's existing sanitary system all feed to the plant, and <br />relocating the plant based on citizen opposition is unlikely even if desired. This puts the Council in a <br />position where they cannot respond to interested citizen groups. Additionally, in this expansion, the <br />expansion was mandated by the State, and the City has no choice but to make the necessary <br />improvements. Additionally, all improvements axe approved and funded by the City Council. <br />Staff is suggesting that an ordinance amendment be developed that would classify public wastewater <br />treatment facilities as a permitted use in the I-1 zoning district. A permitted use does not require City <br />Council review and no public hearing is held. There would be no other public wastewater treatment <br />facility in the City, and the City Council would retain their authority to approve all expansions or <br />modifications based on budget impacts. <br />Financial ImRact <br />None <br />Attachments <br />None <br />C:\Documents and Settings\jmillex\Local Settings\Tempoxary Internet Files\OLK31;\Request authorization WW"I' pernutted use.doc <br />