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6.5, 6.6 --fir ( x Item# 6.5. & 6.6. ty of , / 1i_, .lkRiver MEMORANDUM TO: Planning Commission FROM: Scott Harlicker, Planning Assista 4 DATE: October 28, 1997 SUBJECT: Request by the City of Elk River for Ordinance Amendment Regarding Multi-Family Uses in the C-1 and C-2 Zoning Districts, Public Hearing Case No.'s OA 97-11 and OA 97-13 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. III Attachments • Ordinance 97- • Report to Planning Commission dated August 26, 1997 Overview At the August 26, 1997 Planning Commission meeting, the Commission discussed the types of residential uses that would be appropriate for the C-2 (Office District). Staff proposed multi-family residences be allowed as a mixed use with another permitted or conditional use and that single family dwellings also be allowed. Attached is a copy of the August 26th report to the Commission. The Commission suggested multiple family dwellings be eliminated from the proposed ordinance amendment and only existing single family dwellings be allowed. The Commission also suggested staff draft a similar ordinance amendment for the C-1 (Central Commercial) district which would address residential development in the C-1 district and allow apartments and condominiums as a mixed use with another permitted or conditional use. The attached ordinance amends the C-2 district to eliminate residential IIIdevelopment except for single family residential dwellings, which will be 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone: (612) 441-7420 • Fax: (612) 441-7425 Memo to the Planning Commission October 28, 1997 Page 2 • The attached ordinance amends the C-2 district to eliminate residential development except for single family residential dwellings, which will be allowed as a conditional use. The C-1 district is amended to eliminate residential development except for multi-family dwellings, which will be allowed as a conditional use with the provision that business/commercial uses occupy the ground floor below the residential use. Apartments and condominiums are both considered multiple-family dwellings for the purpose of the zoning ordinance. The condition that business or commercial uses occupy the ground floor below residential use in the C-1 district was included to address the Commission's concern regarding the mix of commercial/business use and residential use. By requiring commercial/business uses on the first floor, a mix of residential and business/commercial uses can be provided, with convenient access for pedestrian oriented businesses located on the ground floor. Recommendation It is recommended that the Planning Commission recommend approval of Ordinance 97- amending the C-1 and C-2 zoning districts to eliminate residential dwellings at R-4 standards as a conditional use. • • s:\planning\scott\oa9711rv.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 Cl 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 dwellings 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. Cl 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. Cl 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 day of ,1997, by the City Council of the City of Elk River. Henry A. Duitsman, Mayor ATTEST: Sandra A. Thackeray,City Clerk • • s:\document\ordinanc\oa97-11.doc ,-fir --"\-K. _, ___, _.__ _ , ,,tyllO( _ ___ _. _ Item# 6.6 ___. \'' �'I MEMORANDUM lk River TO: Planning Commission FROM: Scott Harlicker, Planning Assistantiti DATE: August 26, 1997 SUBJECT: Request by the City of Elk Ordinance Amendment River for Zoning Regarding C-2 (Office District) Uses, Public Hearing Case No. OA 97-11 Request Consider an amendment to the zoning code l hwould a multi- family dwellings, townhouses and two famyaW allowed uses in the C-2 (Office District). • Attachments • Ordinance No. 97- • Current list of allowed uses in the C-2 district • Zoning map showing existing C-2 districts Over Currently multi-family housing, townhouses and two family dwellings are allowed in the R2b (Townhouse and Multi-family) district, R-3 (Townhouse and Multi-family) and R-4 (Multi-family) district. Residential development is also allowed in the C-1 (Central Commercial) and C-2 (Office) district according to R-4 standards. The C-2 (Office District) is intended to, "buffer residential districts from arterial streets or from commercial districts and tprovide iddietadistrict stray ahich is compatible with and may reasonably adjoin residential ng residential development at R-4 standards,maintain theerest in integrity and intment of ily housing increases, it will be difficult to mata the C-2 district. The residential standards in the R-4 district are mly dwellings with no townhouses III with a maximum of 12 units per structure, ult am maximum number, single family dwellings and two family dwellings. 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone: (612) 441-7420 • Fax: (612) 441-7425 Memo to the Planning Commission/OA 97-11 August 26, 1997 Page 2 • Currently there are 2 apartment buildings, located on the east end of Main Street, that would be made non-conforming by the proposed amendment. The Commission may wish to consider allowing apartments as a mixed use within the C-2 district. This would allow a development were apartments could be located above an office building. It would help keep the small town character and maintain a residential presence along Main Street. A mixed use of apartments and offices would also allow for shared parking, the offices could use the parking during the day and the residents of the apartments at night. An area where this concept might be appropriate would be along the west side of Jackson Street adjacent to Lions Park. 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%. Staff would also like to mention that the C-1 (Central Commercial) district • also allows residential development at R-4 standards. The same concerns and issues that apply to the C-2 district also relevant to the C-1 district. If the Commission would like, staff could take a look at the C-1 district and draft an ordinance amendment similar to what is being proposed for the C-2 district. Recommendation It is recommended that the Planning Commission recommend approval of Ordinance No. 97- amending the C-2 (Office) district to eliminate residential dwellings at R-4 standards as a conditional use and add the following as conditional uses: • multiple family dwellings as a mixed use with another permitted or conditional use • single family dwellings \\elkriver\sys\shrdoc\planning\scott\oa97-11.doc • ORDINANCE 97- CITY 7=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 ZONING DISTRICTS CASE NO. OA 97-11 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: 4. C2 Office District C. Conditional Uses iii. Residential dwellings at R-4 standards Section 2. 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: 4. C2 Office District C. Conditional Uses iii. Multiple family dwellings as a mixed used with another permitted or conditional use ix. single family dwellings Section 3. That this Ordinance shall take effect and be in full force from and after the date of its publication. Passed and adopted this day of ,1997,by the City Council of the City of Elk River. Henry A. Duitsman, Mayor ATTEST: • Sandra A. Thackeray, City Clerk 11 . C-2 - Office District • 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, bus_ness 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 . 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