6.7. SR 09-19-2005
Item 6.7.
,
MEMORANDUM
TO:
FROM:
Mayor and City Council
Michele MCPherso~rector of Planning
DATE:
September 19, 2005
SUBJECT:
Case No. OA 05-13
Request by the City of Elk River for an Ordinance Amendment
to Section 30- 1 to Amend the Definition of Lot Area
Request
The City Council is asked to consider an amendment to the lot area definition to require one
acre of contiguous buildable area on lots in the Rla and A 1 zoning district.
Attachment
Ordinance No. 05 -
Background
Chapter 30 - Land Development Regulations, defines Buildable Area as:
Buildable land area means the gross land area less the unbuildable land area that
includes floodways, hydric and restrictive soils, land with slopes over 33 percent,
wetlands and areas that cannot accommodate septic systems.
and Lot Area is currently defined as:
Lot area. In R-la unsewered and A-1 zoning districts, lot area means the horizontal
land area within the lot lines but not including any land within a public right-of-way
or any area occupied by rivers, streams, lakes or any area one acre or larger and
classified as U.S. Army Corps of Engineers type 3, 4, or 5 wetlands, as described in
the U.S. Army Corps of Engineers pamphlet entitled "10 Important Questions," U.S.
Government Printing Office No. 1979-768-929. In all other zoning districts, lot area
Planning Department Mission: the orderly development of a livable and sustainable Elk River community.
City Council/OA 05-13
Page 2
means the horizontal land area within the lot lines, but not including any land within
a public right-of-way or any area occupied by rivers, streams, lakes or any area
classified as a u.s. Army Corps of Engineers type 3, 4 or 5 wetland.
Analysis
As the City begins to transition the area north of County Road 33 from ten-acre to 2 %-acre
lot minimums, it will begin to experience development of properties with significant site
constraints such as wetlands and floodplains. To ensure that there is adequate area on any
given lot to support a dwelling and septic system, staff suggest that the lot area definition be
amended to require one acre of contiguous buildable area. The lot area definition would be
revised to the following:
Lot area. In R-la unsewered and A-l zoning districts, lot area means the horizontal
land area within the lot lines but not including any land within a public right-of-way
or any area occupied by rivers, streams, or lakes. or any area one acre or larger and
classified as u.s. Army Corps of Enginec-f"3 type 3, 1, or 5 wctlands, as dcscribed in
thc U.S. }..rmy Corps of Engineers pamphlct entitled "10 Important Qucstions," U.S.
Covcrnmcnt Printing Office No. 1979 768929. The buildable area shall be
contiguous and shall be a minimum of one acre in area. In all other zoning districts,
lot area means the horizontal land area within the lot lines, but not including any land
within a public right-of-way or any area occupied by rivers, streams, or lakes. 6T-MlY
arca classified as a U.S. }...rmy Corps of Enginecrs type 3, 1 or 5 wetland.
The proposed language change eliminates the reference to wetlands and includes a
requirement for one acre of contiguous buildable area.
Planning Commission Action
The Planning Commission considered the ordinance amendment at its August 26, 2005
meeting. The discussion centered on whether or not odd-shaped contiguous buildable areas
would be created by subdividers. Staff indicated that common sense would be used and if a
site was not shaped to easily support a dwelling and two septic sites, it would be rejected by
staff.
The Commission voted unanimously to recommend approval of the request to the City
Council.
Recommendation
Staff and the Planning Commission recommend that the City Council approve the ordinance
amendment as presented.
S:\pLANNING\Case Files\2005\OA 05-13 Lot Area\0919 05 CC memo.doc
ORDINANCE 05 -
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 30-1 - DEFINITIONS
OF THE CITY CODE OF ORDINANCES
Case No. OA 05-13
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 read as follows:
SECTION 30-1. Definitions
Lot area. In R-1a unsewered and A-1 zoning districts, lot area means the horizontal
land area within the lot lines but not including any land within a public right-of-way
or any area occupied by rivers, streams, or lakes. The buildable area shall be
contiguous and shall be a minimum of one acre in area. In all other zoning districts,
lot area means the horizontal land area within the lot lines, but not including any land
within a public right-of-way or any area occupied by rivers, streams, or lakes.
Section 2. That this ordinance shall take effect upon publication as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 19th day of
September, 2005.
Stephanie Klinzing
Mayor
Attest:
Joan Schmidt
City Clerk
s:'\planning'\case files '\2005'\oa 05-13 lot area '\ordinance 05-13.doc