9.4. SR 02-19-2019 Eclty1� ,.,�� Request for Action
River
To Item Number
Work Session 9.4
Agenda Section Meeting Date Prepared by
Work Session February 19, 2019 Zack Carlton,Planning Manager
Item Description Reviewed by
Institutional Uses in the Downtown District Chris Leeseber , Senior Planner
Reviewed by
Cal Portner, City Administrator
Action Requested
Discuss and define Institutional Use and the desired uses in the Downtown Zoning District.
Background/Discussion
On February 4, 2019, Council directed staff to review the definitions for Institutional Uses and permitted
locations for uses similar to those defined under the city's current definition.
Institutional use means a place or facility P)hich is designed for use as a place of nvrsh p,public service, education, and
for health care facilities forprzncipally inpatient care.
The zoning ordinances of 10 cities were reviewed and none had definitions similar to Elk River. Most
communities separate the three uses (religious, education, and in-patient medical) and regulate them
differently. The defined use which appears closest to our in-patient use is:
Residential facility means anyfacility,public orplzvate, )arhich,forgain or othemrise, regularly provides one or more
peg ons nith a 24-hour per day substitute for care,food, lodging training education, supelarision, rehabilitation,
habilitation, and treatment they need, but)arhich for any reason cannot be furnished in the person's darn home. Residential
facilities include, but are not limited to, state institutions under the control of the state commissioner ofpublic ave&r,
foster homes, residential treatment centers, maternity shelters group homes, residential brograms, or schools for
handicapped children, except as specifically excluded in identical exclusions to those set follh in the definition of"day care
facility"in this section, )arhich are incorporated n)ithin this definition as though fully set foah herein.
Maple Grove and Saint Michael use this definition and allow the use in all residential districts but the use
is not permitted in Business or Industrial areas. Otsego separates Residential Facilities into three sub-
categories and allows the use in their Institutional and B-1 Transition Business zoning districts with a
Conditional Use Permit, in addition to allowing as a permitted use in all residential districts.
Financial Impact
None
Attachments
■ Peer City Definition and Use Information
■ City Council Minutes March 19, 2019
■ Sec. 30-1026 —Downtown District Uses
The Elk River Vision
A PehoMing community n ith revolutionary and spirited resourcefulness, exceptional service, P,`01 W E H E 8 6 T
and community engagement that encourages and inspires prosperity INAMIRE1
Anoka
Medical uses mean those uses concerned with the diagnosis, treatment, and care of human beings.
These include: hospitals, dental services,medical services, or clinic,nursing or convalescent home,
orphan homes,rest home, sanitarium.
Assisted living facility means a premise operated by a legal entity holding a state license permitting the
operation of a personal care home,in which food, shelter, and personal assistance or supervision are
provided for four or more aged adults who do not required hospitalization or skilled or intermediate
nursing care, or the services in or of a state-licensed long term care facility.
Religious use means a structure or place in which worship, ceremonies,rituals, and education
pertaining to a particular system of beliefs are held.
Public uses means uses owned or operated by municipal, school districts, county, state or other
governmental units.
No all-encompassing definition.
Anoka breaks down their downtown area into 4 sub-zones. The historic core is "East Main Street
Sub-District 1." That district allows medical and dental clinics, assisted living facilities,
churches/religious institutions, schools, and state licensed residential facilities allowed under MN
Statutes 462.357. The district prohibits hospitals.
Big Lake
Long-team Care Facility A state licensed facility which provides nursing care and related medical
services on a 24-hour per day basis for the elderly, chronically or incurably in persons,physically or
mentally challenged persons where residents are provided with food and shelter or care for
compensation,but not including hospitals, clinics or similar institutions devoted primarily to the
diagnosis and treatment of the sick or injured.
Religious Institution A building, together with its accessory buildings and use,where persons regularly
assemble for religious purposes and related social events and which building, together with its
accessory buildings and uses,is maintained and controlled by a religious body organized to sustain
religious ceremonies and purposes.
No all-encompassing definition.
The R-3 District permits Long Term Care Facilities provided that: 1. Side yard setbacks shall be
double the minimum requirements established for the zoning district. 2. Only the rear yard shall be
used for recreational areas. Said areas shall be fenced and controlled and screened as required by this
Ordinance. 3. If the facility exceeds a density of 10 units per acre or is greater than 24 units total, the
site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic
which is generated. 4. All state laws and statutes governing such use are strictly adhered to and all
required operating permits are secured.
Maple Grove
Cburcb or religious institution means a building, together with its accessory buildings and uses, where
persons regularly assemble for religious worship and which building, together with its accessory
buildings and uses, is maintained and controlled by a religious body organized to sustain public
worship, including, but not limited to, churches, chapels, temples and synagogues.
Nursing bonne and rest bonne mean a building having accommodations where care is provided for two
or more invalids or infirm, aged, convalescent or physically disabled persons that are not of the
immediate family, but not including hospitals, clinics, sanitariums, or similar institutions.
School or educational institution means a building, together with its accessory buildings and uses,
where public or private entities instruct pupils, including, but not limited, to elementary, junior
high/middle and high schools, and which building, together with its accessory buildings and uses,
is maintained and controlled by the educational institution.
Residential facility means any facility, public or private, which, for gain or otherwise, regularly
provides one or more persons with a 24-hour per day substitute for care, food, lodging, training,
education, supervision, rehabilitation, habilitation, and treatment they need, but which for any
reason cannot be furnished in the person's own home. Residential facilities include, but are not
limited to, state institutions under the control of the state commissioner of public welfare, foster
homes, residential treatment centers, maternity shelters, roup homes, residential programs, or
schools for handicapped children, except as specifically excluded in identical exclusions to those
set forth in the definition of"day care facility" in this section, which are incorporated within this
definition as though fully set forth herein.
■ Residential Facilities for 6 or fewer persons are permitted in all residential districts.
■ Residential Facilities for 7-16 persons require a CUP in the R-3 (Single and Two Family
Residential District), R-4 (Medium Density Residential District), R-5 (High Density
Residential District).
■ The use is not allowed in the Business or Industrial districts.
No all-encompassing definition.
Monticello
Hospital mean a facility providing medical,psychiatric, or surgical services for sick or injured persons
primarily on an inpatient basis,including ancillary facilities for outpatient and emergency treatment,
diagnostic services, training,research, and administration, and services to patients, employees, or
visitors.
Outpatient care means medical examination or service available to the public in a hospital. This
service is provided without overnight care and shall be considered a separate,independent,principal
use when combined or operated in conjunction with a hospital.
No all-encompassing definition.
Osseo
Institutional use is not defined. They do state "Institutional Signs" shall contain no advertisement.
Examples: churches, schools, sanitariums, hospitals,government buildings, or nursing homes.
Hospital means an institution providing persons with intensive medical or surgical care and devoted
primarily to the diagnosis and treatment of disease or injury, maternity cases, or mental illness.
No all-encompassing definition.
High-Density Residential District allows,with a CUP,health care facilities,including hospitals and
medical and dental clinics.
Not allowed in single family
Otsego
Sempublic use: Uses owned by private or private nonprofit organizations which are open to some,but
not all, of the public, such as denominational cemeteries,private schools, clubs,lodges,recreation
facilities, churches, etc.
Public uses: Uses owned or operated by Municipal, school districts, County, State, or other
governmental units.
Residential care facility: A facility or program licensed by the State Department of Human Services or
County Commissioner of Health that provides care in or outside of a person's own home:
Boarding Care Home: A licensed facility or unit used to provide care for aged or infirmed
persons who require only personal or custodial care and related services in accordance with these
regulations. A boarding care home license is required if the persons need or receive personal or
custodial care only. Nursing services are not required. Examples of personal or custodial care:
board,iron,laundry and personal services, supervision over medications which can be safely
administered,plus a program of activities and supervision required by persons who are not
capable of properly caring for themselves.
Nonresidential Program: Care, supervision,rehabilitation, training or habilitation of a person
outside the person's own home and provided for fewer than twenty four (24) hours a day,
including adult daycare programs and chemical dependency or chemical abuse programs that are
located in a nursing home or hospital and receive public funds for providing chemical abuse or
chemical dependency treatment services under Minnesota State Statutes chapter 254B.
Nonresidential programs include home and community based services and semi-independent
living services for persons with developmental disabilities that are provided in or outside of a
person's own home.
Residential Program: A program that provides twenty four (24) hour a day care, supervision,
food,lodging,rehabilitation, training, education, and habilitation for four (4) or more persons
with developmental disabilities and chemical dependency or chemical abuse programs that are
located in a hospital or nursing home and receive public funds for providing chemical abuse or
chemical dependency treatment programs under Minnesota State Statutes chapter 254B.
Residential programs include home and community based services for persons with
developmental disabilities that are provided in or outside of a person's own home.
Residential care facilities serving 6 or fewer persons are a permitted use in all residential districts
and facilities serving 7 to 16 persons are a permitted use in the R-7 (High Density Residential
District). The use is also allowed with a CUP in the B-1 (Transition Business District) with the
following standards:
G. Nursing homes,residential care facilities, continuing care retirement communities and senior
housing with service establishments licensed by the Minnesota Department of Health;
provided, that:
1. Side and rear yards shall be screened in compliance with chapter 19 of this title.
2. Only the rear yard shall be used for outdoor recreational areas, and said area shall be
fenced and controlled and screened in compliance with chapter 19 of this title.
3. The site shall be served by an arterial or major collector street of sufficient capacity to
accommodate traffic which will be generated by the use.
4. The use of exterior building materials shall be as required for buildings in the R-7 District.
5. All State Statutes and rules governing such uses are strictly adhered to and all required
operating permits are secured.
...and a CUP in the Institutional District with the following standards:
H. Hospitals and residential care facilities including extended care facilities for persons with
disabilities,rest homes and care for the aged,ill and infirmed;provided, that:
1. Interior side yards are screened.
2. Only the rear yard shall be used for play or recreational areas. Said area shall be fenced and
controlled and screened in compliance with chapter 19 of this title.
3. The site shall be served by an arterial or collector street of sufficient capacity to
accommodate traffic which will be generated.
4. All signing and informational or visual communication devices shall be in compliance
with chapter 37 of this title.
5. All State laws and statutes governing such use are strictly adhered to, and all required
operating permits are secured.
6. Adequate off street parking is provided in compliance with chapter 21 of this title.
7. Off street loading space in compliance with chapter 22 of this title is provided.
8. The provisions of subsection 11-4-2F of this title are considered and determined to be
satisfied.
Ramsey
Institution means any building housing any civic, philanthropic, educational, public, religious or
public service organization.
Nursing halve, rest halve or convalescent halve means a building having accommodations where care is
provided for two or more invalids, infirmed, aged, convalescent, or physically disabled persons
that are not of the immediate family; but not including hospitals, clinics, sanitariums or similar
institutions.
Public uses means uses owned or operated by municipal, school districts, county, state or other
governmental units.
No all-encompassing definition.
Ramsey's COR district allows religious institutions, limited educational facilities.
Rogers
Institutional use means a facility providing educational, governmental, religious, or community
services to the general public such as libraries, schools, churches, municipal buildings, museums,
and historic buildings and sites. Institutional facilities may be owned and operated by either public
or private entities.
Medical uses mean those uses concerned with the diagnosis, treatment and care of human beings.
These include hospitals, dental services,medical services or clinics, nursing or convalescent home,
orphan's home,rest home and sanitarium.
No all-encompassing definition.
Saint Michael
School. A public or private institution, together with it's accessory buildings and uses, for learning
with either a kindergarten, elementary or secondary curriculum with buildings, equipment, courses
of study, class schedules, enrollment of pupils and staff meeting the standards established by the
state. Examples of accessory uses for a school include,but are not limited to gymnasiums, swimming
pools, auditoriums, and offices in support of the school use.
No all-encompassing definition.
Residential care facility. Any facility,public or private,which for gain or otherwise regularly provides
one or more persons with a 24-hour-per-day substitute for the care,lodging, training, education,
supervision,habilitation,rehabilitation, and treatment they need,but which for any reason cannot be
furnished in the person's own home. Residential care-facilities include,but are not limited to, state
institutions under the control of the Commissioner of Public Welfare, foster homes, residential
treatment centers,maternity shelters, group homes,residential programs, or schools for handicapped
children. To the extent that this definition conflicts with the provisions of M.S. § 462.357, Subds. 7
and 8, the provisions of state law will control.
Residential Care facilities serving 6 or fewer persons are a permitted use in all residential districts and
facilities serving 16 or fewer are a permitted use in the R-3 and R-4 multiple family districts.
Stillwater
Medical use means those uses concerned with the diagnosis, treatment and care of human beings.
These uses include: hospitals, dental services, medical services, clinics, nursing or convalescent
homes, orphans homes, rest homes and sanitariums.
No all-encompassing definition.
Downtown Stillwater is within the Central Business District (CBD). The district allows the
following similar uses medical and dental offices, business and technical schools (not educational
institutions). The district does not permit churches or educational institutions.
Institutional buildings are allowed in low and medium density multi-family residential districts.
(Institutional building or use is not defined)
City Council Minutes Page 4
March 19, 2018
Motnon carried 4-0.
7.2 Orrdonance Amendment. Chapter 30 Defin;6ons
Mr. Leeseberg presented the staff report.
Acting Mayor Ovall opened the public hearing. There being no one to speak to this
issue, Acting Mayor Ovall closed the public hearing.
Councilmember Westgaard asked about the definition of the size of "accessory
dwelling" being "not more than 1,000 square feet, nor less than 250 square feet in
size" and why these specific sizes were determined.
Mr. Leeseberg stated the 250 square feet size limit was determined by building
permit requirements.
Councilmember Westgaard did not see anything alarming in the ordinance despite
the length of the ordinance.
Mr. Leeseberg stated the ordinance can be adjusted at any time if they may have
missed anything.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to adopt Ordinance 18-02 amending Sections 30 —1 Definitions of the
City of Elk River, Minnesota City Code. Motion carried 4-0.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to adopt Resolution 18-17 approving Notice of Summary Publication of
Ordinance 18-02, an ordinance amending Sections 30 -Definitions. Motion
carried 4-0.
7.3 Ordinance Amendment: lndustrrW and CrDQv msrcW 7-oning [District
Uses
Mr. Leeseberg presented the staff report.
Acting Mayor Ovall opened the public hearing.
Ryan Holmgren, 12915 195�h Ave NW, representing youth sports, felt the
ordinance would restrict youth sports indoor facility use. He stated the Council was
missing the big picture by limiting athletic facility growth and groups and leaving the
ordinance as is would not cost anything to taxpayers.
Dave Lodermeier, 12601 195`' Ct, president of the Elk River Youth Baseball
Association, stated it is a challenge to meet budgets and find facilities to use. He
stated the City of Ramsey has one dedicated sports facility building and it would be
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City Council Minutes Page 5
March 19, 2018
-----------------------------
nice if Elk River had a big complex as well. He stated they will have to seek out
different locations if they do not have opportunities to expand in Elk River.
Tim Dolan, 13467 212"' Ave NW, stated allowing parking lots and warehouses does
not help with job creation. Industrial zoning districts 1, 2, and 3 are better for
commercial recreation facilities than businesses because of ceiling heights. He did
not see how this ordinance would help in the long term.
Acting Mayor Ovall closed the public hearing.
Councilmember Wagner agreed with Mr. Holmgren, Mr. Lodermeier, and Mr. Dolan
stating it may be a mistake limiting commercial recreation facilities in industrial
zoning districts 1, 2, and 3. She stated would not support the ordinance as written
because of its impact on the future of youth sports.
Councilmember Westgaard questioned the basis for removing commercial recreation
facilities from industrial zoning districts and specifically where it would not be
allowed.
Mr. Leeseberg clarified commercial recreation facilities would not be allowed in
industrial zoning districts 1, 2, and 3; however, 12 other zoning districts still allows
commercial recreation facilities. He stated the role of staff is to look at all areas of an
ordinance change including planning and economic development and identify what is
the purpose of an industrial district.
Jill Larson -Vito, Planning Commission, stated the goal of the Planning Commission
is to consider job creation in industrial districts, the limited available space for job
creation, and preserving spaces for a neat and orderly development where certain
types of businesses are located in the type of zoning district they are designated for.
Councilmember Westgaard asked if there have been issues with commercial
recreation uses in an industrial district in the past.
Ms. Larson said the complaints received regarding Spectrum School children in an
industrial area would also hold true for children using a commercial recreation
facility. Councilmember Westgaard agreed some industrial businesses have
government contracts prohibiting their proximity to other zoning uses.
Mr. Leeseberg stated the Planning Commission has to look at both industrial and
recreational sides and their intent is not to discriminate against a particular use, as
they all need a logical place to ga.
Councilmember Olsen asked how many situations the city may currently have where
commercial recreation facilities are operating in industrial spaces.
Mr. Leeseberg estimated 2 to 4 places of business may be affected. He stated with
the ordinance change, they would be allowed to stay, but would not be able to
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City Council Minutes
March 19, 2018
Page 6
expand or move to another industrial use space and new commercial recreation
facilities would not be able to locate in the zoning district. Mr. Leeseberg stated
zoning, by its nature, discriminates against every other use besides the ones stated.
Councilmember Westgaard recommended the Council look into this issue further.
He also wished to address the portion of the ordinance removing worship facilities
from the Downtown District. He stated small congregations typically look for small
leasable space which is often an unleased storefront and feels it would be better if
these space were used by someone rather than remaining empty.
Mr. Leeseberg stated worship facilities typically are used only on Sundays and
Wednesdays and for funerals and would be idle the rest of the week rather than
generating traffic and revenue as intended for the downtown.
Councilmember Wagner felt staff was trying to clean up paperwork but not looking
at how it would affect members of the community. She stated the Council is being
asked to solve a problem when there is not a problem currently.
Mr. Leeseberg stated the role of planning staff is to anticipate potential future
problems and avoid them.
Acting Mayor Ovall asked if portions of the item should be tabled to review at a
future Council meeting.
Councilmembers Westgaard and Olsen agreed continuing the sections of the
ordinance amending worship facilities in the Downtown District as well as use of
Industrial 1, 2, and 3 zones should be tabled for further discussion.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to adopt Ordinance 18-03 amending Sections 301022, 30-1023, 30-1024,
30-1025, 30-1294,, 30-1562, 301565, and 30-1583 of the City of Elk River,
Minnesota City Code still allowing Commercial Recreation Facilities in all
Industrial Districts (Sections 30-1292, 30-1293, and 30-1295) and allowing
Institutional Uses (worship facilities only) in the Downtown District (Section
301026). Motion carried 4-0.
8. Q Trz�Os Mzster Plan
-%4r. Hecker presented the staff report.
The Council thanked staff for their efforts in preparing the Trails Master Plan.
Moved by Councilmember Wagner and secondcd by Councilmember Olsen
to adopt the 'Trails Master Plan as an addendum to the Parks and ]recreation
Master flan. Motion carried 4-0.
4.3 (Easement Vacation: Npe Fcrtffdduo
P O E A E 0 8 V t
(a)
(b)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(c)
(1)
(2)
(3)
(4)
(d)
(1)
(2)
(3)
(4)
(5)
Sec. 30-1026. - DD downtown district.
Purpose. As downtown Elk River changes, future preservation as well as any new construction should reinforce the
general character and quality of the existing downtown. The design of new construction should take into
consideration the location of the proposed building(s) as well as incorporate traditional design elements and
techniques that are currently represented in existing structures.
The intent of the downtown district is to preserve this distinctive character with the appearance that there are multiple
buildings that are distinctly di erent from one another yet will allow a uniform mass of building with the appearance of vertical
separation. These standards shall be the framework for any new development and designs shall strive for creative traditional
architectural character, while clearly being an expression of the architecture of its own time.
Permitted uses. The following uses shall be permitted uses in the downtown district, subject to the design
standards set forth in subsections (e) and (f) and the site plan review process set forth in subsection (g) of this
section:
Brewer taprooms (producing less than 10,000 barrels of malt liquor annually).
Brewpubs.
Business o ces.
Commercial recreational facilities.
Day cares.
Dry cleaning establishments.
Financial institutions.
Hotels.
Nonpro t clubs, lodges or halls.
Outpatient health care facilities.
Personal service establishments.
Physical recreation and training.
Public parks.
Residential, multiple-family (provided that business/commercial uses at street level occupy the oor).
Restaurants, class I.
Retail sales.
Accessory uses. Accessory uses in the downtown district are as follows:
Firearms, sale of.
Parking lots.
Private recreational facilities.
Signs (as permitted in section 30-851 et seq.).
Conditional uses. The following uses shall be conditional uses in the downtown district, subject to the design
standards set forth in subsections (e) and (f) and the procedures and standards for the approval of conditional use
permits set forth in sections 30-651 through 30-659 of this chapter:
Brewer taprooms, (producing 10,000 or more barrels of malt liquor annually).
Funeral homes.
Governmental facilities.
Institutional uses (worship facilities only).
Liquor establishments, on-sale.
(6)
(7)
(e)
(1)
a.
1.
2.
3.
4.
5.
b.
1.
2.
3.
4.
5.
6.
7.
8.
c.
1.
2.
(2)
a.
1.
2.
3.
4.
(f)
(1)
a.
Produce markets.
Saunas, steam baths, and heat-bathing rooms.
Exterior building nishes. New development within the downtown district shall utilize the exterior building materials
set forth in this section.
Primary facades.
The following are acceptable building materials for primary facades:
Modular brick—Jumbo brick shall not be allowed.
Cut stone such as granite, marble and limestone.
Architectural stone.
Acid etched architectural precast concrete panels.
Architectural metal, not to exceed 25 percent of the unit area.
The following are acceptable accent materials for primary facades:
EIFS, stucco and other cementitious coating.
Wood (in the storefront area, bay windows, cupola's and/or corner bays only).
Integrally colored split face (rock face) concrete masonry units (CMU) that have a dimensional
characteristic of brick (not to exceed 16 inches in length nor four inches in height).
Integrally colored burnished block.
Ceramic, porcelain, hand crafted or red tile.
Treated brick (such as glazed, dyed or painted).
Architectural precast concrete.
Fiber cement siding/trim (in the storefront area, bay windows, cupola's and/or corner bays only).
Accent material are required on both primary and secondary facades and shall comply with the following
requirements:
Ten to 20 percent of the total unit area (unit width x downtown building height) shall be of an
material, di erent than that of the main body of material.
Accent materials shall not be concentrated in any one location.
Secondary facades.
The following are acceptable building materials for secondary facades:
Brick.
Stucco, EIFS and other cementitious coating.
Integrally colored split face (rock face), burnished or glazed CMU (excluding plain or painted).
Any material that is acceptable for primary facades.
Architectural standards and guidelines. It is the intent of the city to promote and encourage high standards of
creative, traditionally based, architectural design in the downtown district. Therefore, new development within the
downtown district shall comply with the following design standards and guidelines. The restoration, remodeling
and/or expansion of existing buildings shall, to the maximum extent possible, bring exterior facades back to the
appearance they had when they were originally constructed, or maintain a similar architectural style to the original
construction, or comply to the extent possible with these design standards and guidelines.
The building.
Standards:
The building shall not be setback more than six feet from a front property line. Side yards shall maintain