ORD 01-015ORDINANCE 01 - 15
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 900.12 OF THE CITY CODE OF ORDINANCES
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.12 titled, PERMITTED, ACCESSORY, AND
CONDITIONAL USES BY DISTRICTS, of the City of Elk River Code of Ordinances
shall be amended read as follows:
R-3, Townhome District
Statement of Purpose:
The purpose of the R3, Townhome District is to accommodate a
variety of housing types, including single family detached,
duplex and townhouse dwellings, at iow to moderate residential
densities (approximately 11 units per acre or less). This
district is also intended to function as a transition between the
less intense single-family district and more intense multi-family
districts. Certain other structures and uses necessary to serve
governmental, educational, religious, recreational, and other
needs of neighborhoods are allowed as permitted or conditional
uses subject to restrictions intended to preserve and protect the
residential character of the district.
Definitions
Condominium: Condominium shall mean a common interest community
in which (i) portions of the real estate are designated as units,
(ii) the remainder of the real estate is designated for common
ownership solely by the owners of the units, and (iii) undivided
interests in the common elements are vested in the unit owners.
Duplex: Duplex shall mean a two family dwelling; each unit may
be for rent or owner-occupied.
Quadraminium: Quadraminium shall mean a four family dwelling
organized pursuant to Minnesota Statutes 515A1-106.
Townhome: Townhome shall mean a one-family dwelling in a row of
at least two attached units in which each unit has its own front
and rear access to the outside, no unit is located over another
unit, and each unit is separated from any other unit by one or
more fire resistant walls.
Triplex: Triplex shall mean a three family dwelling; each unit
may be for rent or owner-occupied.
A. Permitted Uses
i. Single Family Dwellings
ii. Duplexes
iii. Triplexes
iv. Townhomes, with no more than six (6) dwellings per
structure if in a row or no more than eight (8) dwellings
per structure if back-to-back
v. Model homes in compliance with Section 900.20 Sub. 12
vi. Licensed daycare facilities for sixteen (16) or fewer
children
vii. Public parks, playgrounds and open space
Accessor~ Uses
i. Public shelters and essential services
ii. Garages and sheds
iii. Private recreational facilities
Co
Conditional Uses
i. Licensed daycare facilities for seventeen (17) or more
children
Governmental offices
Governmental buildings and facilities
Institutional uses
Home occupations
ii.
iii.
iv.
v.
D. Development Standards (Lot Area, Setbacks, Density, Open
S~ace)
i. Single Family Dwellings:
ao
co
Lot Area: 12,000 square feet
Lot Width:
Interior: 80 feet
Corner: 100 feet
Setbacks, Dwelling:
Front: 30 feet
Side: 10 feet living area, 5 feet garage
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Rear: 30 feet
do
Setbacks, Accessory:
Front: 30 feet
Side: 5 feet
Rear: 10 feet
ii. Duplexes:
a. Lot Area: 6,000 square feet per dwelling
b. Lot Width: 60 feet
c. Setbacks, Dwelling:
Front: 30 feet
Side: 10 feet
Rear: 10 feet
do
Setbacks, Accessory:
Front: 30 feet
Side: 5 feet
Rear: 5 feet
iii. Triplex, Quadraminium, Townhome, or Condominium
Dwellings:
so
Lot Area: 20,000 square feet for triplex or
quadraminium dwellings
Townhome or condominium unit lots
shall have sufficient area to include
within the individual lot the living
areas (including bay or bow windows),
a garage, deck(s), patio(s), or
porches of the individual dwelling
units.
Lot Width: Base lot width: 100 feet for triplex
or quadraminium dwellings
Townhome or Condominium Unit: 28 feet
for end dwellings; 24 feet for
internal dwellings located in
buildings containing more than four
(4) units.
Setbacks, Yard:
30 feet at the periphery of the development
parcel
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For yards bordering major collector or
arterial streets, an additional 20 feet of
setback is required to provide a landscaped
buffer yard
de
Setbacks, Building:
Setbacks between buildings shall be twenty
five (25) feet or one-half (1/2) the sum of
the building heights of the two (2)
adjoining buildings, whichever is greater
Buildings shall be setback a minimum of
thirty (30) feet from the back of curb line
of private drives, guest parking areas and
public rights-of-way.
iv. Density:
The maximum development density within the R3 District
shall be eight (8) units per acre of net build able area
of the subdivision. Net buildable area shall be the total
area less public street rights-of-way, wetlands, major
drainage ways as defined by the Comprehensive Storm Water
Management Plan, water bodies and slopes steeper than
three to one (3:1) slope ratio.
v. Open Space Requirements
In instances where land is not given to meet the park
dedication requirements as required by Section 1008.18 of
the Elk River Code of Ordinance, then an area of useable
open space for recreation purposes shall be designed into
the project. Such area shall be a minimum of 12,000
square feet or five (5%) of the net buildable area,
whichever is greater, and shall be privately owned. The
open space shall be of a quality that would allow it to
be used for active recreational purposes.
Building Design and Construction Standards:
i. Unit Width: The minimum width of a dwelling unit within
the R3 District shall be:
a. twenty-eight (28) feet for single family detached
townhomes or end units on buildings containing more
than four (4) units
b. twenty-four (24) feet for internal dwelling units
located in buildings containing more than four (4)
units.
ii. Unit Construction:
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a. Building elevations and floor plans shall be furnished
with subdivision requests illustrating exterior
building material and colors to demonstrate compliance
with this Section. Building floor plans shall
identify the interior storage space within each unit.
b. Buildings shall be designed to prevent the appearance
of straight, unbroken lines in their horizontal and
vertical surface. There shall be no more than two (2)
continuous townhouse dwelling units without a break in
the horizontal and/or vertical elevations of at least
thirty two (32) inches.
c. Provision shall be made for possible decks, porches or
additions as part of the initial dwelling unit
building plans. The unit lot shall be configured and
sized to include decks, patios, or porches.
d. In case of a gable roof, a minimum twelve (12) inch
overhang on gable ends shall be required for all
residential structures. All other soffits, on
residential structures, are to have a minimum sixteen
(16) inch overhang.
e. The exterior of town home dwelling units shall include
a variation in building materials, which are to be
distributed throughout the building facades and
coordinated into the architectural design of the
structure to create an architecturally balanced
appearance. The preferred materials are: brick,
stucco, stone, dutch lap vinyl siding and fiber-cement
siding. In addition, town home dwelling structures
shall comply with the following requirements:
1) A minimum of twenty-five (25) percent of the
combined area of all building facades of a
structure shall have an exterior finish of brick,
stucco and/or natural or artificial stone.
2) Except for brick, stucco, and/or natural or
artificial stone, no single building faqade shall
have more than seventy-five (75) percent of one
type of exterior finish.
3) Except for brick, stucco, and/or natural or
artificial stone, no town home dwelling structure
shall have more than sixty (60) percent of all
building facades of one type of exterior finish.
Deck railings may be included as a change of
material on the facade of a building.
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4) For the purpose of this section, the area of the
building facade shall not include area devoted to
window, entrance doors, garage doors, or roof
areas.
iii. Garages:
a. Each dwelling unit shall include an attached garage.
b. Garages shall comply with the following minimum size
standards:
1) For single family detached townhomes, or end
units in buildings containing more than four (4)
units, both with basements: Four hundred eighty
four (484) square feet.
2) For single family detached townhomes, or end
units in buildings containing more than four (4)
units, both without basements: Five hundred
eighty four (584) square feet.
3) For internal units located in buildings
containing more than four (4) units, with or
without basements: Three hundred sixty four (364)
square feet.
4) Garages shall be a minimum of twenty (22) feet in
width, except for garages attached to internal
units located in buildings containing more than
four (4) units, they may be a minimum of fourteen
(14) feet in width.
iv. Outside Storage:
Outside storage shall be allowed only in designated areas
that are screened and under the ownership of the property
owners association subject to other applicable provisions
of this Title.
Parkin~ Vehicular and Pedestrian Circulation
i. Resident Parking:
Resident parking shall be provided at one space per
bedroom. Resident parking may occur in the garage or in
the driveway of individual units.
ii. Guest Parking:
At minimum, one half (1/2) guest parking spaces per unit
shall be provided in an off-street parking lot or private
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drive. The design of the off-street parking lot shall
conform to the parking requirements of the Elk River Code
of Ordinances.
iii. Streets:
Ail streets shall be public and shall comply with the
design standards and specifications as governed by the
City's Subdivision Ordinance, except that the required
right-of-way may be reduced to fifty (50) feet and the
required street width reduced to twenty-eight (28) feet
face to face with parking limited to one side.
iv. Drives:
a. Dead-end private driveways shall serve a maximum of
two (2) structures or six (6) units per side.
b. Private drives shall be under the ownership and
control of the property owners association who shall
be responsible for the maintenance, repair, and
replacement of surfacing. Said association shall
maintain a capital improvement program for the
driveways under its ownership.
c. Adequate length shall be added to the terminus of all
dead end private drives for the purposes of backing up
and turning of vehicles from individual driveways.
Such areas shall not be used for parking.
d. Private drives must include plans and areas for snow
storage or provide provisions in the homeowner's
association documents for snow removal.
e. Private drives shall be a minimum of twenty-four (24)
feet in width (back of curb to back of curb) and shall
not allow parking on either side unless they are a
minimum twenty-eight (28) feet in width, in which case
parking may be allowed on one side.
v. Sidewalks:
A six (6) foot sidewalk shall be provided on one side of
the public street.
Landscaping/Screening/Lighting:
A detailed landscaping and lighting plan shall be provided
and implemented pursuant to this Section. Said landscaping
and screening shall address the following:
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i. Ail open areas of the development project which are not
used or improved for required parking areas, drives or
storage shall be landscaped with a combination of over
story trees, under story trees, shrubs, flowers, and
ground cover materials. The plan for landscaping shall
include ground cover, bushes, shrubbery, trees,
sculpture, foundations, decorative walks or other similar
site design features or materials. The landscape plan
shall include detailed foundation plantings for areas
adjacent to buildings, walks, etc. In addition to the
trees required by Section 1008 of the Elk River City
Code, the following is required:
a. A minimum of five (5) shrubs for each dwelling unit.
ii. Landscaping at the boundary of the site adjoining another
property and the immediate perimeter of the principal
structure.
iii. Buffer yard landscaping for yards bordering major
collector and arterial streets. Buffer yard landscaping
shall include berming and the use of coniferous trees.
iv. Screening of guest parking areas via the use of
decorative fencing, berming, shrubs, trees, or a
combination thereof.
v. Ail boulevards shall be sodded. Prior to sodding, the
developer shall provide three (3) inches of black dirt
that is tilled into the native soil. The areas to be
sodded shall be fine graded and rocks, trash, or other
debris shall be removed.
vi. Screening of designated outdoor storage areas.
vii.
Ail landscaped areas, including on-site traffic islands
and all public rights-of-way adjacent to the property
(where access is allowed by the governmental
jurisdiction), shall have an in-ground irrigation system
with an automatic controller.
viii.
Effective and safe levels of lighting which aid night
surveillance and residents' sense of security shall be
provided. Such lighting may be provided by streetlights
or dwelling unit lights which are controlled by timers or
sensors.
H. Transition Requirements:
Any R3 zoned property abutting existing, developed single
family or duplex homes shall have a minimum of one (1) tier
of single-family dwellings or duplexes homes bordering such
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a development. Exemptions to the provisions of this
Section may be granted, provided one or more of the
following conditions exist:
i. The properties are separated by a major collector or
arterial street.
ii.
The properties are separated by a railroad right-of-way,
wetland, water body, floodplain, public open space, park
or other such similar publicly reserved and development
restricted area with a minimum width of one hundred (100)
feet across its entire length.
I. Utilities:
i. Ail utilities serving an R3 subdivision, including
telephone, electricity, gas and tele-cable shall be
installed underground.
ii. Separate public utility services shall be provided to
each unit unless exempted by the City Engineer.
iii. Water connection:
be provided.
Individual unit shut off valves shall
iv. Sewer connection: Where more than one unit is served by
a sanitary sewer service, all maintenance and cleaning
shall be the responsibility of the homeowners
association. Where individual units are served
individually, all maintenance and cleaning shall be the
responsibility of the homeowner.
Unit utility connections shall be located in the side or
rear of the unit whenever possible and shall be screened.
Unit utility connections in the front of units shall be
screened by a structure that is integrally designed as
part of the unit.
J. Common Areas:
The following minimum requirements shall be observed in the
R3 District governing common areas:
i. Ownership:
Ail common areas within an R3 development including, but
not limited to, open space, wetlands, greenways, drainage
ponds, driveways, private drives, parking areas, play
areas, etc. shall be owned in one of the following
manners:
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a. Condominium ownership pursuant to Minnesota
Statutes 515A1-106.
b. Townhome subdivision common areas shall be owned
pursuant to Minnesota Statutes 515B1-110 through
515B4-115.
ii. Home Owners Association:
A home owners association shall be established for all
developments within the R3 District which have areas
under common ownership, subject to review and approval of
the City Attorney, and shall be responsible for all
exterior building maintenance, approval of any exterior
architectural modifications, landscaping, snow clearing
and regular maintenance of private driveways and other
areas owned in common.
law.
Section 2. That this ordinance shall take effect upon publication as provided by
Passed and adopted by the City Council of the City of Elk River this i ~--~day of
~,~._, 2001.
'-- Step~nieKlinzing ~.~// t
Mayc3r
S'and}a A. Peine
City Clerk
S:\PLANNING\ORDINANC\OA01-07.DOC
RESOLUTION 01 '__2.0
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION APPROVING NOTICE OF SUMMARY PUBLICATION
OF ORDINANCE 01- 15
AMENDING SECTION 900.12.8 OF THE CITY OF ELK RIVER ZONING
ORDINANCE
WHEREAS,
on October 15, 2001, Elk River City Council adopted Ordinance 01-
15, amending Section 900.12.8 of the Elk River City Code of
Ordinances titled, "R3 Townhome and Multiple Residential
Dwelling District."
WHEREAS,
the amendment to the zoning ordinance provides for regulation of
townhome and multiple residential dwellings; and
WHEREAS,
the zoning ordinance sets forth rules and regulations governing land
uses in the City of Elk River. It is the purpose of these regulations
to:
1. Establish permitted, accessory, and conditional uses in the R3,
Townhome and Multiple Residential Dwelling District, and
2. Establish minimum lot area, lot width, setback, and maximum
density requirements, and
3. Establish minimum building material and garage size
requirements, and
4. Establish minimum driveway, street, sidewalk, open space and
landscaping requirements, and
5. Lifting the townhome moratorium established May 21, 2001,
and,
WHEREAS,
a copy of the full text of this ordinance amendment (Ordinance 01-
15) is available for inspection by any person at the office of the Elk
River City Clerk, 13065 Orono Parkway, during regular business
hours - 8:00 a.m. to 4:30 p.m., Monday through Friday; and
NOW THEREFORE BE IT RESOLVED, that the City Council, by at least four-
fifths vote, authorizes the publication of the title and summary of
ordinance 01-15; and
S:\DOCUMENT~RESOLUTI\0 I- 15 Summary. DOC
BE IT FURTHER RESOLVED, that Ordinance 01-15 shall become effective upon
publication of Resolution -
Passed and adopted by the Elk River City Council this 22"'i day of October, 2001.
ATTEST:
S~andra A. P-cite, City- Clerk
s:\document\resoluti\ord95- tS.doc
S:\DOCUMEN'I~RESOLUTI\0 I- 15 Summary. DOC
Affidavit of Publication
ORDINANCE 01-13. CITY OF
" .....ELKRIVER.. d
A\N' QRDlN.A\NCJ,i: OF 'tilE.
CITY OF Em RlVER
. AMENDING .0 . ,
SECT.ON 900.16 OF THE CITY
. , CODE OF "':',
ORDINANCE~, ""'0
BP _ BUSINESS p~ ,;
DISTRICT ",.
The City Council of the Qity:pf
El~ ~iVfr does l1erelly ordain as
follows:, ' '. 'i, " j ,
Se~tiAJ.'l 1", Section 90Q)6(G)
titled, Architectural Standan:ll\l, p,f
the City of Elk River Code of
Ordillances shall be amenqed re/l,d
as'follows: ' .,,; '. " ,"
G. E~terior Building Finishes '.
i. Jj; ia the. intent ,of the City of
Ellt River to promote & encqlp"age
hign stalldards of creative l:!rchi-
tectural design in the Busil,'lesa,
Park District.
ii. III the Business Parlt zoni~~
district, the following. are aCCE:lp~~.
~blebuilding materialaand finisli~.
es: . .
1. Brick
2. Natural or cut atone .
3. 'Int~grally colored split Jace
(fOpk J~pe)"burnished! or gl/l,zed
cllner,tlt~'l jllaaonry unit (excluding
plain'9rpainted) j i i'" '.
4, Integrally colored and Elxposeli
aggreg/l,te pre-cast concrete pa{!f\la
(excluding single-T or douJ>lelf
- in; uncolored" or, x/,lked
, specially designed; ca~t
in p lice concrete. ' ." '. o! .
5. ql,llss,/l,rch,i~e"tur/l,l metal,
fiberll'll\filll aI).d /l,lulllinum prQ",ilied
such P!lJl.ela are factory fabriCated
anq finished with. a dur/l,ble nqy.-
fall 0 /l,ce and their f/l,steners
,artl .' oaion relliat,ant ~4;l~i~ 0
6. ucco, E.I.F.S., and, other 0
cementiti9uS coating. "" ,',
'7. W90q, provided the surfaces
are fiWllhed for exterior .use, or
wood 9f proven ,exterior durability
is used, . such as cedar, reQwooli,
and/of cyprel:ls. . , i
8. Other fIlaterials determirwdj/l./:!
acceptable by the Planning
Depa ." ' '/ , '
. iH, e~tei!l:ior isurfacefil,,)4tlt'y
, are' t to,anyipublicatreet,1
public, ~rail/path, or adjacent rel\li-
. yo ,~,neQ. pr
f $.!illi\cce
al oWllli the UnifOrm Building
Code, w~ichever is lella), neithllr qf
which are to be cOIicentrateQiri
, ll~Y (me lo<;ation, unlells to ~<;e~~~
t~ate Ii desi~ [e/l,ture. Major eJ!:tli-
nor surfaces that are visible ,from
b~t not' . ,MIlt tq any ~l,l.RH<;
stretet, .p I ,pr ; Ill{ij ~-
cen re prop~rtleEl
shall be Consl. .ere transition
walls and l\l.ay 4ave leaa than the
thirty percent; (30%) , combinatioI).,
or less than forty percent (40%)
punched openings, but 'either shall
not be reduced . to zero' percelJ,t
(0%), Reductions below" tWllnty
percent (20%) ahaRrequiie staff
approv~l:. SuchwaHs.ahal1 be
!,!creeneg 'view with aQditian-
allan The requirement to
have at least thirty percent (30%)
of one or more acceptable materi-
als shall not apply to the loading
doak w/l,ll. .
iv. Major exterior surfaces, that
are adjacent to any public street,
public trail/path, or adjacent resi-
dentially zoned properties, shall
not'exceedI60'-0~ irilength with-
out a minimum four (4) foot depth
change (recesses, protrusions, or a
combination thereof), with at least
two (2) feet of such change to be in
the entire height of the facade.
v. AlternativelY, Ilxterior wall sur-
faces are to ;be dElsigned with
architectural ,;,ip:'terest through
multiple desigfi techniques such
as, but not limited to,architectural
forms, reV.eals,' .textures, cornice
detailing, . ch/l.llges in surface
planes, cqlor, punched openings
and/or changes in' pa.rapet eleva-
t~ona. The use of desiIDJ. techniques
alone or less perceI).tage of addi-
tional acceptable materials noted
in C above, shall rElquire site plan
review and apPf9va} by the qty of
Elk River PlaJiPing Commission.
vi. The buildingsl1",ll be designed
as to prevent the, appearance of
str/l,ight, unbro}ieri lines in their
horizontal and vertical surfaces.
'vii. Main entrances shall be
emphasizep, with a complimentary
matllrjal, ,which is different from
the primary building material.
viii. Garage doors shall have a
color th/l,t matc4es or coordinates
with the bqildjI),g's primary body
color. .
-'~
STATE OF MINNESOTA )
)ss.
COUNlY OF SHERBURNE)
t: \ \~Q '0 (~,~
\lC\y~\s
being duly sworn, on oath says that he/she is the publisher
or authorized agent and employee of the publisher of the
newspaper known as the Elk River Star News, and has full
knowledge of the facts which are stated below:
A) The newspaper has complied with all the
requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02,
331A.07, and other applicable taws, as amended.
B) The printed Oy r\t{ '(\ CVY\JtD
Ol--\~
which is attached was cut from the columns of said
newspaper, fnd was printed and published once each
week, for suc~essive weeks; it was first published
on Wednesday, the O~ day of QeO{f})1 ktf.t-
20 0 \ ' and was thereafter printed and published every
Wednesday to and including Wednesq~y, the
day of , 20 ; and printed below
is C!. copy of the lower case alphabet from A to Z, both
inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication
of the notice.
a bc d e fgh ij k 1 m no p qrs t u v wxyz
BY: iV~~
TITLE: G-e-J(lO }{ () 0 \'1\ ovn Q%< y
hfb day of
(3) Rate actually charged for the
above matter
$~
$~
ix. The building shall be designed
to screen equipment located on the
roof of the building. Alternatwely,
such equipment shall be located in
such a manner so that it cannot be
seen from, the adjacent public
street, public path/trail, or adja-
cent residentially zoned property
at the same election"bf'thil"first
flSo:c~~~e2~~~"""~'''''''~''$<'
shall takellffect up
as provide la~..
Passed ,adopted
cil e City 0
20th ~ of A
l Bfe
f"A.ttisC ..
Sandra A. Peine
City Clerk
'-~-'.
--.
Affidavit of Publication
b four-fifths vote, au 0-
rizes the publication of the title
and sUmmary 'of ordinance Ol~15'
'and~ ..' . '
BE IT FURTHER RESOLVED
that Ordinance 01-15 shall becom~
eff~ctive upon publication.. of
Resolution 01-70.
Passed and adopted by the Elk
River City Council this 22nd day of
October, '200+.
Stephanie Klinzing
"Mayor
ATTEST: .
Sandra A. Peine, City Clerk
(Oct31)
STATE OF MINNESOTA )
)ss.
COUN1Y OF SHERBURNE)
~ \ , ~ ~ \J e rk ~ U' Y' " S
being duly sworn, on oath says that he/she is the publisher
or authorized agent and employee of the publisher of the
newspaper known as the Elk River Star News, and has full
knowledge of the facts which are stated below:
A) The newspaper has complied with all the
requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02,
331A.07, and other applicable laws, as amended.
B) The printed ~ 01-70
which is attached was cut from the columns of said
newspaper, and was printed and published once each
week, for ~ successive weeks; it was first published
on Wednesday, the 31 s t- day of {!}cfo b er ,
20 (j I , and was thereafter printed and published every
Wednesday to and including Wednesday, the
day of ,20_; and printed below
is a copy of the lower case alphabet from A to Z, both
inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication
of the notice.
N!~.
RATEINFORMAT
(1) Lowest classified rate paid by
commercial users for comparable space $
(2) Maximum rate allowed by law for
the above matter
(3) Rate actually charged for the
above matter
1'3(0. OCJ
Q'I q, ._
$~
$ 8;;2,<1to