6.12. SR 03-21-2005
Item #. 6.12.
MEMORANDUM
TO: Mayor and City Council
FROM: Scott Harlicker, Senior Plann~
DATE: March 21, 2005
SUBJECT: Case No. OA 05-02
Request by City of Elk River for Bed and Breakfast Ordinance
Request
Consider a request by the City of Elk River for an ordinance amendment to define bed and
breakfast business and establish standards to allow them in certain residential, agricultural
and commercial districts.
Attachments
Ordinance No. OS-_
Draft application form
Overview
At the January 11 th Planning Commission workshop, the Commission discussed an
ordinance amendment to address bed and breakfast businesses. The Commission identified
that the primary purpose of the ordinance should be to minimize the impacts to the adjacent
neighborhood. Traffic, noise and signage were three impacts identified. Staff was asked to
draft a definition for bed and breakfasts that establishes standards. The Commission
believed that they should be allowed as a permitted use in all residential districts and the
agricultural district provided they complied with the standards in the definition. If the
business did not meet the standards, it would require a conditional use permit. In the C 1 and
C2 commercial districts, a bed and breakfast would be allowed as a permitted use in an
existing residential structure.
Below is a proposed definition for a bed and breakfast business and criteria for its operation
in residential, agricultural and commercial districts.
Memo to Mayor and City CounciljOA05-02
March 21, 2005
Page 2
Proposed Definition
An owner occupied residence with up to 5 guest rooms providing accommodations on a
transient basis. The length of stay is limited to one week; breakfast is the only meal served
and is limited to registered guests only.
Proposed Standards for Residential and the Agricultural Districts
Bed and breakfasts establishments shall be allowed in all residential districts and the
agricultural district as a permitted use, subject to site plan review, provided the use complies
with the following criteria:
1. 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.
2. Off street parking shall be provided on an existing driveway.
3. Signage shall be limited to one freestanding sign, not to exceed 4 feet in height and 8
square feet in size, and one wall sign not to exceed 4 square feet in size. Signs shall
not be illuminated.
4. The exterior appearance of the structure shall not be altered from its single family
character.
5. 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.
Proposed Standards for Commercial Districts
Bed and breakfasts establishments shall be allowed in the C1 and C2 commercial districts as
a permitted use, subject to site plan review, provided they are in an existing residential
structure. The bed and breakfast establishment will be subject to the same criteria as those
applicable in the residential district.
Administration of the Ordinance
Requests to operate a bed and breakfast business will be processed in a similar manner as a
home occupation. As long as the request complies with the standards established in the
proposed ordinance, it will be a simple administrative procedure. The Building and Fire
Departments will be notified and have an opportunity to inspect the property for
compliance with building and fire codes. No permit for a bed and breakfast business will be
issued until both the Building and Fire Departments sign off on the application.
Planning Commission Meeting
At the Planning Commission meeting held on February 23rd, no one spoke at the public
hearing.
S:\PLANNING\Case Files\2005\OA 05-02 Bed & Break\OA05-02CC3-21.doc
Memo to Mayor and City CounciljOA05-02
March 21, 2005
Requested Action
The Planning Commission and staff recommend approval of the proposed ordinance
amendment.
S:\PLANNING\Case Files\2005\OA 05-02 Bed & Break\OA05-02CC3-21.doc
Page 3
ORDINANCE 05 -
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTIONS 30-1, 30-991, 30-1022, 30-1023 and 30-1562
OF THE CITY CODE OF ORDINANCES
Case No. OA 05-02
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 30-1 titled Definitions of the City of Elk River Code of Ordinances
shall be amended to include the following definition:
Bed and Breakfast Establishment means an owner occupied residence with up to 5
guest rooms providing accommodations on a transient basis. The length of stay is limited to one
week; breakfast is the only meal served and is limited to registered guests only.
Section 2. Section 30-991 - Rl District (b) Permitted Uses shall be amended to add the
following:
(12) Bed and breakfasts 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:
1. 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.
2. Off street parking shall be provided on an existing driveway.
3. Signage shall be limited to one freestanding sign, not to exceed 4 feet in height and 8 square
feet in size, and one wall sign not to exceed 4 square feet in size. Signs shall not be
illuminated.
4. The exterior appearance of the structure shall not be altered from its single family character.
5. 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.
Section 3. Section 30-1022 - Cl District(b) Permitted Uses shall be amended to add the
following:
(10) Bed and breakfasts establishments shall be allowed as a permitted use, subject to site plan
review, provided the use complies with the following criteria:
1, 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.
2. Off street parking shall be provided on an existing driveway.
3. Signage shall be limited to one freestanding sign, not to exceed 4 feet in height and 8 square
feet in size, and one wall sign not to exceed 4 square feet in size. Signs shall not be
illuminated.
4. The exterior appearance of the structure shall not be altered from its single family character.
5. 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.
Section 4. Section 30-1023 - C2 District(b) Permitted Uses shall be amended to add the
following:
(5) Bed and breakfasts establishments shall be allowed as a permitted use, subject to site plan
review, provided the use complies with the following criteria:
1. 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.
2. Off street parking shall be provided on an existing driveway.
3. Signage shall be limited to one freestanding sign, not to exceed 4 feet in height and 8 square
feet in size, and one wall sign not to exceed 4 square feet in size. Signs shall not be
illuminated.
4. The exterior appearance of the structure shall not be altered from its single family character.
5. 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.
Section 5. Section 30-1562 - At District(b) Permitted Uses shall be amended to add the
following:
(12) Bed and breakfasts establishments shall be allowed as a permitted use, subject to site
plan review, provided the use complies with the following criteria:
1. 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.
2. Off street parking shall be provided on an existing driveway.
3. Signage shall be limited to one freestanding sign, not to exceed 4 feet in height and 8 square
feet in size, and one wall sign not to exceed 4 square feet in size. Signs shall not be
illuminated.
4. The exterior appearance of the structure shall not be altered from its single family character.
5. 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.
Section 6. That this ordinance shall take effect upon publication as provided by law.
S:\pLANNING\Case Files\200S\OA 05-02 Bed & Break\ORDINANCE OS.doc
Passed and adopted by the City Council of the City of Elk River this 21 st day of
March, 2005.
Attest:
Stephanie Klinzing
Mayor
Joan Schmidt
City Clerk
S,\PLANNING\Case FiJes\200S\OA OS-02 Bed & Break\ORDINANCE OS. doc
Case Number:
Planning Department
Bed and Breakfast Permit Form
Application Fee: Date Paid:
$1 00.00
Check #:
Applicant Information
Name of Owner/Operator of Bed and Breakfast:
Name of Business:
Phone (W):
Address:
Legal Description:
Fax:
Phone (H):
E-Mail/Website:
Parcel Number: 75-
Lot Block Subdivision
*If legal description is a Metes and Bounds description, please attach a copy with application
Brief Description of Business:
Number of guest rooms:
*NOTE: In order for a bed and breakfast business to be authorized under this permit form, the
attached criteria must be me/and a site plan shall be provided. Issuance of this permit will
constitute an agreement by the applicant that the business shall comply with these requirements.
Any change in the operating conditions of this business which causes it to exceed these criteria must
be authorized by obtaining a conditional use permit from the City of Elk River.
Signature:
Date:
FOR OFFICE USE ONLY
The applicant has proven that his/her business is in compliance with applicable sections of the Elk River City
Code and meets the attached criteria. The City hereby authorizes
(Name of Business)
to operate from the residence located at
(Address
The business shall be subject to reasonable inspections by the City.
The property has been inspected for compliance with all applicable codes.
(NAME)
(TITLE) Building
(DATE)
(NAME)
(TITLE) Fire
(DATE)
(NAME)
(TITLE) Planning
(DATE)
Planning Land Use Application
Page 2
PERMITTED BED AND BREAKFAST CRITERIA
1. 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.
2. Off street parking shall be provided on an existing driveway.
3. Signage shall be limited to one freestanding sign, not to exceed 4 feet in height and 8 square
feet in size, and one wall sign not to exceed 4 square feet in size. Signs shall not be
illuminated. Any signage shall require a sign permit.
4. The exterior appearance of the structure shall not be altered from its single family character.
5. The proposal shall comply with all building and fire code requirements. The applicant shall
contact the Building Department for building permit information and to arrange necessary
inspections.
SITE PLAN REQUIREMENT CHECKLIST
FOR BED AND BREAKFAST APPLICATIONS
This checklist shall be signed and submitted in conjunction with all other requirements for a bed and
breakfast permit
.
SITE PLAN - An example site plan is provided on the back of this sheet. Drawings shall be on
an existing certificate of survey if available (contact the Building Department at City Hall) or on a
drawing, showing all of the following information:
o A scaled drawing, based on a survey, is preferred. The City reserves the right to require a
survey.
o North arrow
o Property address.and amount of acreage
o Label all adjacent streets. (Both streets on corner lots)
o Location of all buildings
o Location of driveway(s)
o Indicate on the drawing all off-street parking spaces (3 spaces for the residence and 1 space
per guest room, garage spaces can be included)
o Any proposed signage
S:\PLANNING\Case Files\2005\OA 05-02 Bed & Break\application form band b.doc