ORD 20-03of
.ver
Ordinance 20 - --
Strikethmughs to be removed
Underlines to be added
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 5 30-1, Definitions of the City of Elk River Code of Ordinances shall be
amended to read as follows:
Townhome see Townhouse attached.
aftather uftit, afid eaeh unit is sepatated from ftny other- unit by one ei! more &-e f-esistft"t Wal4s.
Townhouse, attached, means a one -family dwelling of at least fsrrrthree 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 �.
(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 apZly..
p01EERRII II
N A 1 URE
Soikethmughs to be removed
Underlines to be added
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) Sub.Zone A. Multiple family residential.
(1) Permitted uses are as follows:
a. Residential, multiple family
b. Residential, single family
c. Townhouse, attached
e4awfthattse dwellings.
(2) Accessory uses are as follows:
a. Accessory structures.
b. Public shelters.
(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.
5. Residential facilities. (One to six persons.)
6. Townhouses, attached. Section 30-994 subsections (e-k) shall apple
c. Accessory uses are as follows:
ta■1ett 1r
NXTURE
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Underlines to be added
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).
e. Bulk regulations. Bulk regulations are listed in section 30-1588.
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.
P/ I E R f 1 1 1
NATURE
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Underlines to be added
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 app
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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NATUREJ
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Underlines to be added
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.
Passed and adopted by the City Council of the City of Elk River this 16r' day of March, 2020.
J n Dietz layor
ATTEST:
Tina Allard, City Clerk
Ip01EREa a
NATURE
AFFIDAVIT OF &K CATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE
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states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
Star News
with the known office of issue being located
in the county of:
SHERBURNE
with additional circulation in the counties of:
WRIGHT
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 03/21/2020 and the last
insertion being on 03/21/2020.
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Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
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Designated Agent
Subscribed and sworn to or affirmed before
me on 03/21/2020 by Brandi Botts.
Public
DARLENE MARIE MACPi1ER504
Notary Public
Minnesota
"• ''` fly Cotlllriis�on! ms January 31, 2024
Rate Information:
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Ad ID 1031937
CITY OF ELK RIVER
ORDINANCE 20 - 03
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, Defini-
tions of the City of Elk River Code
of Ordinances shall be amended to
read as follows:
Townhome see Townhouse, at-
tached.
Townhouse, attached, means a
one -family dwelling of at least 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 horizon-
tally 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 fol-
lows:
(1) Public parks.
(2) Residential, apartment.
(3) Residential, multiple family.
(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 few-
er persons and group family day
care facilities licensed under Min-
nesota Rules, parts 9602.0315 to
9502.0445, to serve 14 or fewer
children, except that a residential
facility whose primary purpose is
to treat juveniles who have violat-
ed criminal statutes relating to sex
offenses or have been adjudicated
delinquent on the basis of conduct
in violation of criminal statutes re-
lating to sex offenses shall not be a
permitted use.
(7) Townhouse, attached. Sec-
tion 30-994 subsections (e-k) shall
apply.
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 fol-
lows:
a. Residential, multiple family
b. Residential, single family
c. Townhouse, attached
(2) Accessory uses are as fol-
lows:
a. Accessory structures.
b. Public shelters.
(3) Conditional uses are as fol-
lows:
a. Conditional home occupa-
tions.
SECTION 4. That § 30-1587,
Focused Area Study (FAST) of
the City of Elk River Code of Ordi-
nances shall be amended to read
as follows:
(1) The Point (A) .
a. Purpose. Subzone "A" is es-
tablished to provide an environ-
ment 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.
5. Residential facilities. (One to
six persons.)
6. Townhouses, attached. Sec-
tion 30-994 subsections (e-k) shall
apply
c. Accessory uses are as fol-
lows:
1. Accessory structures (pro-
vided the materials are the same
as those of the existing principal
structure).
2. Public shelters.
3. Signs as permitted in section
30-851 at seq.
d. Conditional uses are as fol-
lows:
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, inpa-
tient.
5. Health care facilities, outpa-
tient.
6. Licensed day care facilities
(13 or more children).
7. Nonprofit clubs.
8. Professional offices.
9. Residential facilities (seven to
16 persons).
e. Bulk regulations. Bulk regula-
tions are listed in section 30-1588.
f. Architectural standards. Archi-
tectural standards are outlined in
section 30-938.
(4) Hillside Heights (D) .
a. Purpose. Subzone "D" es-
tablishes an environment that pro-
vides a range of housing options
and takes advantage of wetland
views and woodland typology. The
area provides for attached family
development, preserving the max-
imum green space amenities will
affording maximum density near
employment, transportation, and
service centers offered by the oth-
er subzones. Most development is
less than three stories.
b. Permitted uses are as follow:
1. Bed and breakfast establish-
ments, homeowner -occupied.
2. Business offices.
3. Home occupations, permit-
ted.
4. Kennels, private, on parcels
less than five acres.
5. Professional offices.
6. Public parks.
7. Residential, apartments.
8. Residential, multiple -family. (4
units max)
9. Residential, single-family.
10. Residential facilities (1-6 per-
sons)
11. State licensed residential
facilities or a housing with services
establishment registered under
chapter 144D serving six or fewer
persons, a licensed day care fa-
cility 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 fami-
ly 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 re-
lating 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. Sec-
tion 30-994 subsections (e-k) shall
apply
c. Accessory uses are as fol-
lows:
1. Accessory structures.
2. Private recreational facilities.
3. Public shelters.
4. Signs as permitted in section
30-851 at seq.
d. Conditional uses are as fol-
lows:
1. Bed and breakfast establish-
ments, non -homeowner -occupied.
2. Cemeteries, minimum lot size
four acres.
3. Cooperative gardening in pre-
served open space.
4. Golf courses and country
clubs.
5. Governmental offices.
6. Floriculture, in preserved
open space.
7. Health care facilities, inpa-
tient.
8. Home occupations, condi-
tional.
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).
15. Stables, private.
16. Telecommunication opera-
tions.
e. Bulk regulations. Bulk regula-
tions are listed in section 30-1588.
f. Architectural standards. Archi-
tectural standards are outlined in
section 30-938.
SECTION 5. 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
16th day of March, 2020.
John J. Dietz, Mayor
ATTEST: Tina Allard
City Clerk
Published in the
Star News
March 21, 2020
1031937