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City of <br /> )Lk ... <br /> El <br /> Request for Action <br /> River <br /> To Item Number <br /> Planning Commission 4.1b <br /> Agenda Section Meeting Date Prepared by <br /> Public Hearings September 26, 2017 Chris Leeseberg, Senior Planner <br /> Item Description Reviewed by <br /> Cheryl Freeburg— 12580 192nd Court NW Zack Carlton,Planning Manager <br /> • Zone Change to rezone from I-1 Light Reviewed by <br /> Industrial to C2 Office District, Case No. <br /> ZC 17-07 <br /> Action Requested <br /> Recommend,by motion, rezoning certain property from I-1 to C-3 for the following reasons: <br /> 1. The rezoning is consistent with the City of Elk River Land Use Plan adopted as part of the City <br /> of Elk River Comprehensive Plan. <br /> Background/Discussion <br /> The applicant is seeking a zone change to make several of their illegal non-conforming tenants become <br /> legal conforming. <br /> The property, located in the Elk River Industrial Park, is zoned I-1 (Light Industrial) and the applicant is <br /> seeking to rezone the subject property to C-3 (Highway Commercial). The property has been an <br /> industrially zoned property since before 1980. <br /> During Open Forum at the August 7, 2017, City Council meeting, Dr. Michelle Eddy, a chiropractor and <br /> owner of Focused Health and Wellness Center spoke on behalf of Dr. Nicole Dotson, owner of Intrinsic <br /> Wellness Center. Ms. Eddy indicated they leased space at 12580 192nd Court with the understanding <br /> from the realtor that massage services were allowed. She recently found out zoning prohibits massage <br /> therapy (Personal Service Establishments). <br /> Medical, optical, and dental labs were identified as a permitted use in the I1 zoning district prior to the <br /> recodification in 2002 and are still permitted. Staff interprets this use as industrial/manufacturing in <br /> nature and not an office space, such as an outpatient clinic. <br /> Massage is considered a Personal Service Establishment and is not listed as a permitted or conditional use <br /> in the I1 District. Several of the uses in the multi-tenant building function as outpatient facilities which <br /> are not allowed in the I-1 zoning district and are illegal non-conforming uses. There currently is no <br /> mechanism for city staff to review new businesses going into existing structures. <br /> The City Council reviewed this during their August 21, 2017, Work Session and supported a zone <br /> change. <br /> The Elk River Vision <br /> A welcoming community with revolutionary and spirited resource/illness, exceptional <br /> 1111E1E1 I r <br /> service, and communiy engagement that encourages and inspires prosperity NATURE <br />