3.4. PCSR 03-10-2020Request for Action
To Item Number
Planning Commission 3.4
Agenda Section Meeting Date Prepared by
Public Hearings March 10, 2020 Chris Leeseberg, Senior Planner
Item Description Reviewed by
City of Elk River - Ordinance Amendment to Zack Carlton, Planning Manager
Chapter 30, specifically the definition and permitted
Reviewed by
locations for townhouses, Case No. OA 20-02
Action Requested
Recommend, by motion, approval of the ordinance amendment.
Background/Discussion
Staff was approached by a developer asking if they could have a three-unit townhouse in the R3
townhouse zoning district. Upon reviewing the ordinance, staff noticed that the definition (below) for
attached townhouses limits the number of units to a minimum of four but it is unclear why.
Townhouse, attached, means a one-family dwelling of at least four attached units in which each unit has
its own access to the outside, no unit is located over another unit, and each unit is separated
horizontally by a series of common or party walls. There shall be no more than six dwellings per
structure in a row or no more than eight dwellings per structure if back-to-back.
Staff proposes amending the definition to allow three-unit townhouses and amending the various sections
of the ordinance reflecting this change.
Public Benefit
As the ordinance is currently written, there are situations where three-unit multi-family projects are not
allowed. This amendment will make it allowed/easier for property owners to create three-unit multi-
family projects on their property.
Financial Impact
None
Attachments
Proposed Amendment
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
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Ordinance 20 - ____
An Ordinance Amending Section 30-1, Definitions; Section 30-995, R-4 district; Section 30-
1584, MU-ERP mixed use Elk River Plaza district; 30-1587, Focused Area Study (FAST) 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 § 30-1, Definitions of the City of Elk River Code of Ordinances shall be
amended to read as follows:
Townhome see Townhouse, attached.means a one-family dwelling in a row of at least two attached
units in which each unit has its own front and rear access to the outside, no unit is located over
another unit, and each unit is separated from any other unit by one or more fire resistant walls.
Townhouse, attached, means a one-family dwelling of at least four three attached units in which each
unit has its own access to the outside, no unit is located over another unit, and each unit is separated
horizontally by a series of common or party walls. There shall be no more than six dwellings per
structure in a row or no more than eight dwellings per structure if back-to-back.
SECTION 2. That § 30-995, R-4 district of the City of Elk River Code of Ordinances shall be
amended to read as follows:
(b) Permitted uses . Permitted uses in the R-4 district are as follows:
(1) Public parks.
(2) Residential, apartment.
(3) Residential, multiple family (four units max).
(4) Residential, single family.
(5) Residential facilities (one to six persons).
(6) State-licensed residential facilities or housing with services establishments registered under
Minn. Stat. 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.
(7) Townhouse, attached. Section 30-994 subsections (e-k) shall apply.
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SECTION 3. That § 30-1584, MU-ERP mixed use Elk River Plaza district of the City of Elk River
Code of Ordinances shall be amended to read as follows:
(b) Subzone A. Multiple-family residential.
(1) Permitted uses are as follows:
a. Residential, multiple family
b. Residential, single family
c. Townhouse, attached
. Single-family residential.
. Two-family residential.
. Townhouse dwellings.
. Multiple-family residential.
(6)(2) Accessory uses are as follows:
a. Accessory structures.
b. Public shelters.
(7)(3) Conditional uses are as follows:
a. Conditional home occupations.
SECTION 4. That § 30-1587, Focused Area Study (FAST) of the City of Elk River Code of
Ordinances shall be amended to read as follows:
(1) The Point (A) .
a. Purpose. Subzone "A" is established to provide an environment for high density
residential development and to maximize the recreational and aesthetic benefits of
the river. Most development is less than three stories.
b. Permitted uses are as follow:
1. Model homes in compliance with section 30-800.
2. Public parks.
3. Residential, apartments.
4. Residential, multiple-family. (Four units max).
5. Residential facilities. (One to six persons.)
6. Townhouses, attached. Section 30-994 subsections (e-k) shall apply
c. Accessory uses are as follows:
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1. Accessory structures (provided the materials are the same as those of the existing
principal structure).
2. Public shelters.
3. Signs as permitted in section 30-851 et seq.
d. Conditional uses are as follows:
1. Boardinghouses.
2. Business offices.
3. Development of property within the 50-foot setback of the wild and scenic river
district.
4. Health care facilities, inpatient.
5. Health care facilities, outpatient.
6. Licensed day care facilities (13 or more children).
7. Nonprofit clubs.
8. Professional offices.
9. Residential facilities (seven to 16 persons).
0. Townhomes, attached.
f.e. Bulk regulations. Bulk regulations are listed in section 30-1588.
g.f. Architectural standards. Architectural standards are outlined in section 30-938.
(4) Hillside Heights (D) .
a. Purpose. Subzone "D" establishes an environment that provides a range of housing
options and takes advantage of wetland views and woodland typology. The area
provides for attached family development, preserving the maximum green space
amenities will affording maximum density near employment, transportation, and
service centers offered by the other subzones. Most development is less than three
stories.
b. Permitted uses are as follow:
1. Bed and breakfast establishments, homeowner-occupied.
2. Business offices.
3. Home occupations, permitted.
4. Kennels, private, on parcels less than five acres.
5. Professional offices.
6. Public parks.
7. Residential, apartments.
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8. Residential, multiple-family. (4 units max)
9. Residential, single-family.
10. Residential facilities (1-6 persons)
11. State licensed residential facilities or a housing with services establishment
registered under chapter 144D serving six or fewer persons, a licensed day care
facility serving 12 or fewer persons, and a group family day care facility licensed
under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer
children shall be considered a permitted single family residential use of property
for the purposes of zoning, 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 considered a permitted
use.
12. Towers, up to 60 feet in height.
13. Townhouse, attached. Section 30-994 subsections (e-k) shall apply
c. Accessory uses are as follows:
1. Accessory structures.
2. Private recreational facilities.
3. Public shelters.
4. Signs as permitted in section 30-851 et seq.
d. Conditional uses are as follows:
1. Bed and breakfast establishments, non-homeowner-occupied.
2. Cemeteries, minimum lot size four acres.
3. Cooperative gardening in preserved open space.
4. Golf courses and country clubs.
5. Governmental offices.
6. Floriculture, in preserved open space.
7. Health care facilities, inpatient.
8. Home occupations, conditional.
9. Horticulture, in preserved open space.
10. Kennels, commercial.
11. Kennels, private, on parcels less than five acres.
12. Licensed day care facilities for 13 or more children.
13. Residential, multiple-family, provided that business/commercial uses at street
level occupy the floor.
14. Residential facilities (7-16 persons).
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15. Stables, private.
16. Telecommunication operations.
e. Bulk regulations. Bulk regulations are listed in section 30-1588.
f. Architectural standards. Architectural standards are outlined in section 30-938.
SECTION 5. That this ordinance shall take effect upon adoption and be published as provided by
law.
th
Passed and adopted by the City Council of the City of Elk River this 16 day of March, 2020.
______________________________
John J. Dietz, Mayor
ATTEST:
_______________________________
Tina Allard, City Clerk