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7.7. SR 10-20-2014 Ells -Wft _ Request for Action River To Item Number Mayor and City Council 7.7 Agenda Section Meeting Date Prepared by Public Hearinj October 20,2014 Zack Carlton,Planner I Item Description Reviewed by Ordinance Amendment Adding State Licensed Jeremy Barnhart,Deputy Director CODD Residential Facilities in the R-3 Zoning District Reviewed by Cal Portner, City Administrator Action Requested Adopt, by motion,the ordinance amendment adding state licensed residential facilities as a permitted use in the R-3 (Townhouse/Multiple Family Residential) zoning district. Background/Discussion Case No. OA 14-05 Minnesota Statute 462.357 requires that state licensed residential facilities be considered a permitted, single family residential use (subd. 7) or a permitted,multifamily residential use (subd 8).The city received a request early this summer to locate a residential facility in the R-3 zoning district and at the time of the request the use was not permitted. The facilities are currently permitted uses in all other residential districts within the city and the amendment brings our ordinance into compliance with Statute. Statute provides the city with the option to require a Conditional Use Permit for said facilities when located in a multifamily area to "assure proper maintenance and operation of a facility." Staff recommends listing the use as permitted, consistent with the rest of the ordinance. Omission of the use in the R-3 district was likely an oversight when the ordinance was amended. Planning Commission The Planning Commission had no concerns and recommended approval by a 7-0 vote. Public Hearin No one spoke during the public hearing September 23,2014, and the only comment received was to ensure that the use would not be overly restricted. Financial Impact None Attachments • Planning Commission Packet dated September 23,2014 • Ordinance Amendment P O w E 8 E U A Y Template Updated 4/14 INAWR cityd El*. 1 ��0|N�� °��!� ~ �__~�~~__~-� ~~�~ Action To Item Number Planning Commission 5.5 Agenda Section Meeting Date Prepared by Planning Items September 23, 2014 Zack Carlton, Planner I Item Description Reviewed by Ordinance Amendment Adding State Licensed Jeremy Barnhart, Deputy Director CODD Residential Facilities in the R-3 Zoning District Reviewed by Public Hearing, Case No. OA 14-05 Action Requested Recommend,by motion, approval of the ordinance amendment to add state licensed residential facilities as u permitted use in the 8-9 [Ynnruboumc/&{nldp|e FunoHr Residential) zoning district. Background/Discussion Minnesota Statute 462357snbJ. 7 and 8 require that state licensed residential facilities bu permitted ivall residential zoning districts. The city rcocfrcd u request early this aunomcz to locate uzexideu6ul facility in the ll-9 zoning district and at the time of the rcgucar, the use was not permitted. The facilities are currently, permitted uses iu all other residential districts within the city and the amendment brings our ordinance into compliance. Statute provides the city with the option to require u Conditional Use Permit for said facilities when located in u cunitifan`ilv area to ''uuuoze proper maintenance and uperudoo of FxciDtr." Staff recommends classi6Ting the use as permitted, consistent with the rest of the ordinance. Omission ofthe use io the Q,] district was likely uu oversight when the ordinance was xnzooJcd. Financial Impact None Attachments • Ordinance Amendment • State Statute 463.357 Template Updated 4//4 Strikethr-attghq to be removed Underlines to be added City of E IL*kk =- aver Ordinance 14 - An Ordinance Amending Section, 30-994, entitled "R-3 townhome district" of the City of Elk River, Minnesota, City Code to allow State Licensed Residential Facilities as a permitted use. The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That§30-994 (b) of the City of ED,, River Code of Ordinances shall be amended to read as follows: (b) Perwilled uses. Permitted uses in the R-3 district are as follows: State-licensed residential facilities-or hous.Lng vithsen-ices establislit under Nlinn. Stats. ch. 144D seiviiiLl six or fewer mrsons, licensed d_ _v care facilities serVint), 12 or fexN,-cr persons and group farnih- dav care facilities licensed under AhImesota .Rules, j-,mrts 9502.0315 9502.0445, to serve 14 or fewer children, except I to fliata residential facility vvlio ,t rirnary purpose is to treat juveniles who have violated crirninal statutes rel<ttint? tc>—SCx offenses or have been adjLidIcated_delinqjjenI on the basis of conduct in-vtolatioli of crimilial statutes relatin<x to sex offenses shall not be 1)erinitted use. SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this Click here to enter day this will be adopted day of Click here to enter n-iontli this �N71 11 be adopted, 2014. John J. Dietz, Mayor ATTEST: Tina.Allard, City Clerk 6E � E6 Last t Updatcd March 2014 6 MINNESOTA STATUTES 2013 462.357 harmony with the general purposes and intent of the ordinance and when the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in section 216C.06, subdivision 14, when in harmony with the ordinance. The board of appeals and adjustments or the governing body as the case may be,may not permit as a variance any use that is not allowed under the zoning ordinance for property in the zone where the affected person's land is located. The board or governing body as the case may be, may permit as a variance the temporary use of a one family dwelling as a two family dwelling. The board or governing body as the case may be may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. Subd. 6a. Normal residential surroundings for persons with disabilities. It is the policy of this state that persons with disabilities should not be excluded by municipal zoning ordinances or other land use regulations from the benefits of normal residential surroundings. For purposes of subdivisions 6a through 9, "person" has the meaning given in section 245A.02, subdivision 11. Subd. 7. Permitted single family use. A state licensed residential facility or a housing with services establishment registered under chapter 144D serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single family residential use of property for the purposes of zoning, except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use. Subd. 8. Permitted multifamily use.Except as otherwise provided in subdivision 7 or in any town, municipal or county zoning regulation as authorized by this subdivision, a state licensed residential facility serving from 7 through 16 persons or a licensed day care facility serving from 13 through 16 persons shall be considered a permitted multifamily residential use of property for purposes of zoning. A township, municipal or county zoning authority may require a conditional use or special use permit in order to assure proper maintenance and operation of a facility, provided that no conditions shall be imposed on the facility which are more restrictive than those imposed on other conditional uses or special uses of residential property in the same zones, unless the additional conditions are necessary to protect the health and safety of the residents of the residential facility. Nothing herein shall be construed to exclude or prohibit residential or day care facilities from single family zones if otherwise permitted by a local zoning regulation. Subd. 9. Development goals and objectives. In adopting official controls after July 1, 2008, in a municipality outside the metropolitan area, as defined by section 473.121, subdivision 2, the municipality shall consider restricting new residential, commercial, and industrial development so that the new development takes place in areas subject to the following goals and objectives: Copyright 10 2013 by the Office of the Revisor of'Statutes.State of Minnesota.All Rights Reserved. to be removed Underlines to be added Elk R i-:� iver Ordinance 14 - An Ordinance Amending Section, 30-994, entitled "R-3 townhome district" of the City of Elk River, Minnesota, City Code to allow State Licensed Residential Facilities as a permitted use. The City Council of the City of Elk River does hereby ordain as follows: SECTION 1.That§ 30-994 (b) of the City of Elk River Code of Ordinances shall be amended to read as follows: (b) Permitted uses. Permitted uses in the R-3 district are as follows: (8) State-licensed residential facilities or housing with services establishments registered under Minn. Stats. ch. 144D serving six or fewer persons,licensed day care facilities serving 12 or fewer persons and group family day care facilities licensed under Minnesota Rules, parts 9502.0315 to 9502.0445,to serve 14 or fewer children, except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be a permitted use. SECTION 2.That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 20th day of October, 2014. John J. Dietz,Mayor ATTEST: Tina Allard, City Clerk �AWR Last Updated March 2014