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6.7. & 6.8. SR 11-17-1997~ .y of iver TO: FROM: DATE: MEMORANDUM Item# 6.75. 6.8. Mayor and City Council Scott Harlicker, Planning AssistantS~ November 11, 1997 SUBJECT: Request by City of Elk River for Ordinance Amendment Regarding Uses in the C-1 and C-2 Zoning Districts, Public Hearing Case No. OA 97-11 Request Consider an amendment to the zoning cOde that would eliminate multi- family dwellings, townhouses and two family dwellings as allowed uses in the C-2 (Office District) and townhouses, Single' family and tWo family dwellings as allowed uses in the C-1 (Central Commercial) district. Attachments Ordinance 97- Current list of allOWed Uses in the 'C-1 and C-2 districts Zoning map showing C-1 and C'2 "distriCts Overview Currently multi-family housing, townhouses and two family dwellings are allowed in the R-2b (Townhouse and Multi-family) district, R-3 (Townhouse and Multi-family) district and R-4 (Multi-family) district. Residential development is ~alsO allowed in the C-1 (Central Commercial) district and C-2 (Office District) according to R-4 standards Residential dWellings at R-4 standards are currently allowed in the C-1 and C-2 districts as conditional uses. Residential development at R-4 standards includes single family and two family dwellings, townhouses at 12 units per structure and multi-family dwellings with no limit on the number of units per structure. The C-2 (Office District) is intended to, "buffer residential districts from arterial streets or from comnXercial districts and to provide a district Which is compatible' with and may reasonably adjoin residential districts". By allowing residential development at R-4 standards, as the 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 Memo to the Mayor and City Council]OA 97-11 November 17, 1997 Page 2 interest in multi-family housing increases, it will be difficult to maintain the integrity and intent of the C-2 district. Within the existing C-2 district there are 27 single family homes. It is suggested that single family homes remain a conditional use. They are currently included under the "residential dwellings at R-4 standards". If the homes were to become non-conforming, home owners would have a difficult time getting approval for home improvement loans or any refinancing because as a non-conforming use the homes could not be rebuilt if damaged by more than 50%. The C-1 (Central Commercial) district was established for retail, service, and commercial uses with an emphasis placed on pedestrian access and design standards. Uses should be designed to eliminate any nuisance or incompatibility with surrounding uses. The same concerns and issues that apply to the C-2 district area also relevant to the C-1 district. However, in order to allow an opportunity for residential presence downtown, it was decided to recommend multi-family dwellings be allowed as a mixed use, providing business or commercial uses occupy the ground floor below the residential use, within the C-1 district. Apartments and condominiums are both considered multiple-family dwellings for the purpose of the zoning ordinance. This would allow development in which apartments could be located above an office or retail space. It would help keep the small town character and maintain a pedestrian presence downtown. A mixed use of apartments and offices or retail would also allow for shared parking, the offices and retail could use the parking during the day and the residents of the apartments at night. Planning Commission Meeting This amendment was first presented to the Planning Commission on August 26th. There was no comments at the public hearing. The Commission asked staff to clarify what was intended by "multiple family dwellings as a mixed use" and postponed the item. They also directed staff to revise the amendment to include the C-1 district. The revised amendment was presented to the Commission at their October 28th meeting. At that meeting the Commission recommended approval of the proposed ordinance amendment, which included allowing multiple family dwellings as a mixed use with business or retail use on the ground floor in the C-1 district and single family dwellings in the C-2 district. Recommendation The Planning Commission and staff recommend the City Council approve Ordinance 97- amending the C-1 and C-2 zoning districts to eliminate residential dwellings at R-4 standards as a conditional use. \\elkriver\sys\shrdoc\planning\scott\oa971 lcc.doc ORDINANCE 97- CITY OF ELK RIVER AN ORDINANCE AMENDING SECTIONS 900.12 OF THE CITY OF ELK RIVER CODES OF ORDINANCE RELATING TO CONDITIONAL USES IN THE C2 AND C1 ZONING DISTRICTS CASE NO. OA 97-11 CASE NO. OA 97-13 The City Council of the City of Elk River does hereby ordain as follows: Section 1. Section 900.12 (11) of the City of Elk River Code of Ordinance titled "Permitted, Accessory, and Conditional Uses" is hereby amended to delete the following conditional use: 11. C2 Office District C. Conditional Uses iii. Residential dwelhngs at R-4 standards Section2. Section 900.12 (10) of the City of Elk River Code of Ordinance titled "Permitted, Accessory, and Conditional Uses" is hereby amended to delete the following conditional use: 10. C1 Central Commercial District C. Conditional Uses vi. Residential dwellings at R-4 standards Section 3. Sections 900.12 (11) of the City of Elk River Code of Ordinance titled "Permitted, Accessory, and Conditional Uses" is hereby amended to add the following conditional uses: 11. C2 Office District C. Conditional Uses iii. single family dwellings Section 4. Sections 900.12 (10) of the City of Elk River Code of Ordinance titled "Permitted, Accessory, and Conditional Uses" is hereby amended to add the following conditional uses: 10. C1 Central Commercial District C. Conditional Uses vi. Multiple family dwellings provided: 1.that business/commercial uses occupy the ground floor below the residential use Section 5. That this Ordinance shall take effect and be in full force from and after the date of its publication. Passed and adopted this City of Elk River. day of ,1997, by the City Council of the ATTEST: Henry A. Duitsman, Mayor Sandra A. Thackeray, City Clerk s:\document\ordinanc\oa97-11.doc v. Model homes in compliance with Section 900.20, Subsection 13. vi. Licensed daycare facilities for 16 or fewer children vii. Public parks, playgrounds and open space B. Accessory Uses i. Public shelters and essential services ii. Garages and sheds iii. Private recreational facilities C. Conditional Uses i. Outpatient health care facilities ii. Boarding houses iii. Institutional uses iv. Licensed daycare facilities for 17 or more children v. Governmental buildings and facilities vi. Mini Storage vii. Zero lot line development 10. C-1 - Central Business District STATEMENT OF PURPOSE: The Central Business District (CBD) is appropriate for retail, service, and commercial uses to serve the shopping and service needs of the residents and surrounding community as distinguished from highway service uses. The CBD is intended to encourage uses and designs that are consistent with the historic character of the CBD. Emphasis should be placed on pedestrian access and design standards with flexibility to preserve the historic character of the CBD. Uses should be designed to eliminate any nuisance or incompatibility with surrounding uses. A. Permitted Uses i. Governmental, business and professional offices ii. Financial institutions iii. Retail stores and shops 9.28 Bo Co vi. Hotels vii. Restaurants, viii. Public parks ix. Sale of firearms Accessor~ Uses Personal service Establishments Outpatient health care facilities (Class I) i. Signs as permitted in Section 900.22 ii. Off-street parking facilities iii. Off-street loading facilities iv. Telephone booths v. Private recreational facilities vi. Public shelters and essential services Conditional Uses i. Nonprofit clubs, lodges or halls ii. Licensed daycare facilities iii. Institutional uses iv. Motor vehicle service stations v. Commercial parking lots and ramps vi. Residential dwellings (R-4 standards) vii. On-Sale liquor establishments viii.Commercial recreational facilities ix. Convenience store x. Funeral parlor xi. Restaurants, (Class II) xii. Governmental buildings and facilities xiii.Apartments subordinate to the principal use 9.29 xiv. Produce Markets xv. Therapeutic massage and sauna establishments 11. - Office District C-2 STATEMENT OF PURPOSE: The C-2 Office District is intended to buffer residential districts from arterial streets or from commercial districts and to provide a district which is compatible with and may reasonably adjoin residential districts. The Office District provides for the location and development of offices and other service and light commercial uses which are subject to more restrictive controls. A. Permitted Uses i. Governmental, business and professional offices ii. Outpatient health care facilities iii. Personal service establishments iv. Public parks B. Accessory Uses i. Signs as permitted in Section 900.22 ii. Off-street parking facilities iii. Off-street loading facilities iv. Telephone booths v. Private recreational facilities vi. Public shelters and essential services C. Conditional Uses i. Licensed daycare facilities ii. Institutional uses iii. Residential dwellings (R-4 standards) iv. Financial institutions v. Funeral parlor vi. Boarding house vii. Governmental buildings and facilities 9.30 ]!2 ZONING MAP 172ND 171ST 170TN 169TN 168TH