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7.4. SR 11-21-2016 EGty1� ,.,�� Request for Action River To Item Number Mayor and City Council 7.4 Agenda Section Meeting Date Prepared by Public Hearin s November 21, 2016 Zack Carlton,Planning Manager Item Description Reviewed by Pauline Clark— 611 Xenia Avenue NW Chris Leeseber , Senior Planner ■ Zone Change: R-1c (Single Family Reviewed by Residential) to R-2b (Two-Family Cal Portner, City Administrator Residential Action Requested Adopt,by motion, an ordinance to rezone certain property from R-1c (single-family residential) to R-2b (two-family residential) with the following conditions: 1. A rental license for the existing multi-family building be applied for and approved by January 31, 2017. 2. Prior to issuance of a rental license, the trash containers must be screened and relocated to a point at least 10 feet from the property line. Background/Discussion Case No. ZC 16-06 Staff received a rental license application for a triplex located at 611 Xenia in August of 2016. During review, the use was found to not be permitted as the property is zoned Single-Family Residential. City zoning records were researched and no information exists supporting a possible legal, non-conforming use. The applicant was directed to apply for a zone change to bring the property into compliance. The home appears to have been constructed in the 1950's when building permits were not required as a multi-family building. The Building Official inspected the building and identified code requirements specific to a multi-family building. Minor concerns can be remedied in the rental license inspection process. It appears to be a well-constructed,multi-family home. The site does not meet the parking standard of 2.5 stalls per unit with one covered parking stall. The on- site visit identified six off-street parking stalls with no covered stalls. Due to the site topography and location of the house, staff does not recommend requiring construction of covered parking,but any future site modifications will require the addition of a garage. Trash containers are located next to the street and are not screened which is requried for commercial and multi-family facilites. Single-family homes are required to store trash containers out of view from the public right-of-way. Staff recommends moving and screening the containers so they are not visible from the street. Screening may be accomplished with a fence with a 10-foot setback described in ordinance. Applicable Regulation In revien)ing a proposed amendment, consideration shall be given to existing conditions P)ithin the area direajand indirectly POWERED 6T AR affected by the proposal, the conservation of propeqy values, the use to P)hicb the propea y affected is being devoted at the time, and relevantprovisions, if any, in the land use plan. The purpose of the Comprehensive Plan is to establish a framework and expectations as to the future use of land. The plan guides the subject property for urban residential uses, and the maximum density allowed by the R-2b zoning will not exceed the recommended density. Properties within a half mile of the subject property are guided (comp plan) for residential uses and are zoned residential. The home has been used as a triplex for many years, and the zone change brings the parcel into compliance. Spot zoning is a consideration for a small rezoning application. Standards define spot zoning as "the process of singling out a small parcel of land for a use classification totally different from that of the surrounding area for the benefit of the owner of such property and to the detriment of other owners." The Comprehensive Plan notes that densities up to eight dwelling units per acre are encouraged in the urban residential zones. The plan also identifies R-2b as an existing district appropriate for the zone, and calls out townhomes and multi-family uses. In the review of the standards for a Zone Change as outlined,it appears that the request is consistent with all of these standards. Planning Commission A neighboring property owner spoke in support of the request. A letter from another property owner expressing support for the request was also provided to the Commission. Additional comments for or against have not been received. The Planning Commission unanimously recommended approval of the zone change. Financial Impact None Attachments ■ Location Map ■ Applicant's Narrative dated September 21, 2016 ■ Zoning Map ■ Site Aerial ■ Comprehensive Plan Language ■ Letter of Support ■ Ordinance N:APublic Bodies\Agenda Packets\11-21-2016\Final\x7.4 sr Clark Rezone.docx 't Asia w. �Iv AL 41 all Ilk e 6 +. f •4y RE: Rezoning the property at 611 Xenia Ave, Elk River Currently Zoned Single Family Proposed change to Multi Family Reason: To conform with property's current use so that rental license can be obtained by the intended new owners, Andy and Laura Weitnauer, who live next door. Laura's grandpa Harry Kreuser built the tri-plex back in the early 1960s and operated it as such until he sold it 7/1/1996. The family is excited to get this property back in the family. Dear Board Members: I am respectfully requesting a zoning change for the above referenced property due to a long term inconsistency between this property's use and it's zoning status. This property was built as a tri-plex approximately 50 years ago according to the Kreuser family. Since then it has had 3 different owners, all who have used the property as an income producing tri-plex. The tenants and neighbors are excited to have its ownership back in the neighborhood so that it gets more attention and can be restored to a legal rental property for the city, neighborhood, and tenants. Especially excited is tenant Barb who has lived in this building for over 30 years and has lived in each of the three units over the years. The immediate neighborhood is made up of mostly single family homes but has one duplex nearby. The neighbors are not opposed to this zoning change as they have been living with this property being used as a tri-plex for as long as they've lived in their homes. This property was purchased by my late husband and me as an income producing property through a foreclosure sale on 10/28/2011. We remodeled the top floor apartment right away as it was empty and had been updating items as needed until my husband fell ill in the fall of 2014 and subsequently passed away this last January. I now want to sell the property as being a landlord and repairman was my husband's forte, not mine. I'm not able to sell the property at its full potential and intended use though unless the City agrees to either rezone it or deem it a legal non -conforming property. Thank you for your consideration and I appreciate your efforts. Respectfully, Pauline R Clark President of P & G Properties, Inc. 1904 Ridge Road Princeton, MN. 55371 9/,a r f l �, AREA ZONING Case No. ZC 16-06 O C11 DA 0� sT NQ o > Q z z 0 z 0 z LL X Q w > 8th ST, 0 0/1-1�1 T UMN100201- rll.MMZV�"l 5th LAKE ORONO R2a PUD Planned Unit Developement FB—Pj ETH = H ADD �o rl�� Z Al Agricultural Conservat' n AR I Agricultural Resear R1a Single Family R idential R1b Single Famil esidential R1c Single F ily Residential R1d Single amily Residential —R2 a] T Family Residential R2b wo Family Residential R Townhouse/Multiple Family Res. 4 Multiple Family Residential O C11 DA 0� sT NQ o > Q z z 0 z 0 z LL X Q w > 8th ST, 0 0/1-1�1 T UMN100201- rll.MMZV�"l 5th LAKE ORONO R2a PUD Planned Unit Developement FB—Pj Business Park DD Downtown District 117Light Mixed Use - Elk River Plaza CRT Commercial Reserve Transition = Central Commercial C2 Office District C3 Highway Commercial Community Commercial Urban Service Area 0 s O N W�i O J LLL 117Light Industrial 12 Medium Industrial 13 General Industrial AST FAST (subzones A-1) Extreme Commercial Recreation Solid Waste Facility Antenna Overlay District (Tower) Open Space Preservation (cluster) ME Mineral Excavation Overlay District ----- Wild and Scenic River District s r - F I .I aII r dw 00010 4 OA do 4 i, r Elk . Elk River Comprehensive Plan River 4 Future Land Use Characteristics Residential Rural Residential Rural Residential uses are guided to be developed as residential use in areas outside of the Urban Service Area that are not currently served by municipal sewer and water. The predominant land use in this area is single family detached homes. Forms of detached single family units can be built in "cluster subdivision". Cluster subdivisions are development patterns that place housing closer together in order to preserve greater areas of undeveloped land and to minimize the number of individual on-site septic systems. A gross density of 0.4 units per acre (1 unit per 2.5 acres) is the target density in the Rural Residential area. Increases in density should be allowed for achieving certain public objectives such as preserving natural features (which are not otherwise protected by ordinance), implementing the City's trail and park master plan (beyond the typical required park dedication), incorporating energy saving building techniques, or a combination of the above mentioned concepts. Urban Residential The Urban Residential area includes land guided for residential use in areas that will be served by the municipal sanitary sewer system. This Urban Residential land use will be guided by the density of development and not the type of housing. Densities of this development pattern would range from a low density pattern consisting mostly of single family detached homes at 2 dwelling units per acre to a denser pattern of smaller lots or attached housing at a density of up to 8 dwelling units per acre. The intent of the Urban Residential land use is to have an average overall density of 3 to 4 dwelling units per acre throughout this land use. This density would be averaged over all lands designated Urban Residential and would be achieved through the use of multiple zoning districts that apply alternative density restrictions in order to achieve the overall density goals. Currently, the City uses R-1 b, c, d, R -2a and R -2b to facilitate the density goals throughout the community. Urban Residential land uses include single family detached housing, duplexes, townhomes and multiple family dwellings. Housing units may be owner or renter occupied within this land use designation. Urban residential should provide connections between neighborhoods, including trails and streets, while also supporting screening and buffering from more intense traffic corridors and uses. High Density Residential The High Density Residential land use category consists of multiple family attached housing oriented in a vertical fashion, more commonly referred to as apartments and condominiums. This land use category may accommodate a combination of side by side townhomes and multi -story buildings. The densities targeted in this category are over 8 dwelling units and up to 20 dwelling units per acre. High Density Residential uses are located in places with compatible adjacent land uses and where the local street system will accommodate the traffic. Preferred settings include adjacent to Commercial Districts, employment and service centers, civic centers, park facilities, schools, transit facilities and principal roadway corridors. When located adjacent to lower density neighborhoods, high density housing can be designed to transition from its most intense use (3 Chapter 5: Land Use / 37 Donnelly. 19116 th Lane NW Elk River, MN, 55330 Dear City Council Members, October 25, 2016 We have lived at this address for over 29 years. It is directly across from the triplex you are considering for rezoning. In all the time we have lived here it has been a multi -family rental property. We have had many good neighbors who have lived there. We would like to support the rezoning of this property. We also support the possibility that Andy Weitenauer could buy the property to maintain it as a rental property. He is a good neighbor who also lives right here in the neighborhood. We are unable to attend this meeting yet we want to share our support for this long overdue rezoning. Y�ou�s tr y, Pat and Paula Donnelly �j City of Elk -�-� River Ordinance 16 - An Ordinance Amending the City of Elk River Zoning Map to Rezone Certain Property from R-I c to R-2b. Case No. ZC 16-06 The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That the duly adopted Zoning Map of the City of Elk River is hereby amended to rezone the property described on attached Exhibit A to R-2b Two-Family Residential SECTION 2.That the rezoning approved by this Ordinance is based on the following findings: 1. The rezoning is consistent with the City of Elk River Land Use Plan adopted as part of the City of Elk River Comprehensive Plan. SECTION 3. 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 21st day of November, 2016. John J. Dietz,Mayor ATTEST: Tina Allard, City Clerk URE Last Updated il7asch 2014 INATI Exhibit A Lot 1, Block 1, Circle Bay Addition, Sherburne County Minnesota, according to the recorded plat thereof. URE Last Updated il7asch 2014 INATJ