7.3. SR 08-17-2015City of
Elk —
River
Request for Action
To
Item Number
Mayor and City Council
7.3
Agenda Section
Meeting Date
lAugust
Prepared by
Public Hearin
17, 2015
Chris Leeseber , Senior Planner
Item Description
Reviewed by
Ordinance Amendment to Modify Permitted Uses
Zack Carlton, Planning Manager
in R1 Single Family Residential Zoning District
Reviewed by
Regulations, City of Elk River
Cal Portner, City Administrator
Action Requested
Approve, by motion, the ordinance amending Section 30-991 (b) R-1 districts.
Background/Discussion
In reviewing the ordinance, staff identified an oversight with the permitted uses identified in the R-1
zoning districts. Section 30-991 (b) - R-1 districts lists "Business and professional offices" as a permitted
use in the single family residential districts, which is not consistent with the district purpose or the
Comprehensive Plan.
Planning Commission meeting summary
No one spoke at the public hearing and the Planning Commission had no issues with the request and
unanimously recommended approval of the request.
Financial Impact
None
Attachments
Planning Commission Staff Report dated July 28, 2015
Ordinance Amendment
P a w E A E U s r
NaA f RE]
Request for Action
To
Item Number
Planning Commission
15.3
Agenda Section
Meeting Date
Prepared by
Planning Items
July 28, 2015
Chris Leeseber , Senior Planner
Item Description
Reviewed by
Request by City of Elk River for Ordinance
Zack Carlton, Planning Manager
Amendment to modify perniitted uses in R1 Single
Reviewed by
Family Residential Zoning District
Case No. OA 15-08 — Public Hearin
Action Requested
Recommend, by motion, approval of the Ordinance Amendment as proposed.
Background/Discussion
In reviewing the ordinance, staff identified an oversight with the permitted uses identified in the R-1
zoning districts. Section 30-991 (b) - R-1 districts lists "Business and professional offices" as a permitted
use in the single family residential districts which is not consistent with the district purpose or the
comprehensive plan.
The R-1 residential districts are established to accomplish general purposes for the following specific
purposes:
a. Preserve living qualities of residential neighborhoods.
b. Ensure future high quality amenities, including, but not limited to, the provision of adequate light,
air, privacy, and convenience of access to property.
c. Increase convenience and comfort by providing usable open space and recreation space on or
near the housing units they serve.
d. Prevent additions or alterations of structures which would damage the character or desirability of
existing residential areas.
e. Protect residential areas, to the extent possible and appropriate in each area, against unduly heavy
motor vehicle traffic.
f. Encourage a variety and range of dwelling types and a wide range of population densities with
emphasis on home ownership.
Business and professional offices should not be allowed in single family districts as they go against the
purposes of the single family district. It is unknown when this was added to the single-family ordinance.
Financial Impact
None
Attachments
■ Ordinance Amendment
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Ordinance IS -
Strikethratighs to be removed
Underlines to be added
An Ordinance Amending Section, 30-991(b), R- I districts of the City of Elk River,
Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That § 30-991 (b), R-1 districts of the City of Elk River Code of Ordinances shall be
amended to read as follows:
(b) Permitted uses. Permitted uses in the R-1 districts are as follows:
(1) Single-family dwellings per section 30-799
(2) Licensed day care facilities for 12 or fewer children.
(3) Model homes in compliance with section 30-800
(4) Agricultural uses in the R-1 a district (more than five -acre lot size).
(5) Public parks, playgrounds and open space.
(6) Permitted home occupations.
(7) Truck tractor and/or trailer parking (nonplatted parcels five acres in size or greater within
the R -1a district).
(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.
(9) Open space preservation development plats within the R -1a district (residential clustering).
(10) Towers less than 60 feet in height.
fl-2}411
Private kennels on parcels five buildable acres or greater, excluding lots located in
cluster subdivisions (see [subsection (d)(12)]).
{ 12 Homeowner -occupied bed and breakfast establishments shall be allowed in all
residential districts as a permitted use, subject to site plan review, provided the use
complies with the following criteria:
a. Off street parking shall be provided at a rate of one space per guest room plus those
required for the single-family use. A piggy -backed or tandem parking arrangement is
permitted.
Last Updated March 2014
1/WEIII IV
NATURE
Stfikethf-oughs to be removed
Underlines to be added
b. Off street parking shall be provided on an existing driveway.
C. Signage shall be limited to one freestanding sign, not to exceed four feet in height and
eight square feet in size, and one wall sign not to exceed four square feet in size. Signs
shall not be illuminated.
d. The exterior appearance of the structure shall not be altered from its single-family
character.
e. The proposal shall comply with all building and fire code requirements.
If the proposed bed and breakfast business does not comply with one or more of the
above criteria, it will require a conditional use permit.
�� Farm wineries in the R -1a zoning district provided the use does not include on-site
sales of any type
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 17th day of August, 2015.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Last Updated March 2014
rNATURE1
iver
Ordinance IS -
to be removed
Underlines to be added
An Ordinance Amending Section, 30-991(b), R- I districts of the City of Elk River,
Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That � 30-991 (b), R-1 districts of the City of Elk River Code of Ordinances shall be
amended to read as follows:
(b) Permitted uses. Permitted uses in the R-1 districts are as follows:
(1) Single-family dwellings per section 30-799
(2) Licensed day care facilities for 12 or fewer children.
(3) Model homes in compliance with section 30-800
(4) Agricultural uses in the R -1a district (more than five -acre lot size).
(5) Public parks, playgrounds and open space.
(6) Permitted home occupations.
(7) Truck tractor and/or trailer parking (nonplatted parcels five acres in size or greater within
the R -1a district).
(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.
(9) Open space preservation development plats within the R -1a district (residential clustering).
(10) Towers less than 60 feet in height.
(I!) Business aiad professional offices.
11 Private kennels on parcels five buildable acres or greater, excluding lots located in
cluster subdivisions (see [subsection (d)(12)]).
" 12 Homeowner -occupied bed and breakfast establishments shall be allowed in all
residential districts as a permitted use, subject to site plan review, provided the use
complies with the following criteria:
a. Off street parking shall be provided at a rate of one space per guest room plus those
required for the single-family use. A piggy -backed or tandem parking arrangement is
permitted.
NATURE
to be removed
Underlines to be added
b. Off street parking shall be provided on an existing driveway.
C. Signage shall be limited to one freestanding sign, not to exceed four feet in height and
eight square feet in size, and one wall sign not to exceed four square feet in size. Signs
shall not be illuminated.
d. The exterior appearance of the structure shall not be altered from its single-family
character.
e. The proposal shall comply with all building and fire code requirements.
If the proposed bed and breakfast business does not comply with one or more of the
above criteria, it will require a conditional use permit.
{1 } 13 Farm wineries in the R -1a zoning district provided the use does not include on-site
sales of any type
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 17th day of August, 2015.
1
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
NATURE