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11.2 SR 04-03-2023Request for Action To Item Number Ma ror and Cinr Council 11.2 Agenda Section Meeting Date Prepared by Work Session April 3, 2023 Chris Leeseberg, Senior Planner Item Description Reviewed by Proposed Land Use, Zoning, and Ordinance Zack Carlton, Communi r Develo ment Director Amendments Reviewed by Cal Pormer, Ci r Administrator Action Requested Review the proposed land use, zoning, and ordinances amendments and provide feedback. Once the work session discussion is complete, the Council can: 1. Ask for more information, clarification, and/or changes. Staff will then bring this item back during an April work session, or, 2. If comfortable with moving forward, provide staff with desired updates and changes to be included with a formal action for adoption. If the Council needs more information and time, staff �vould like the Council to direct staff to change the Focused Area StudyT zoning to the zones as outlined in the information provided. Background/Discussion The Council was introduced to the pYoposed amendments at their Februaryr 21, 2023, woYk session where staff pYesented the information and answeYed questions. AfteY discussions, staff indicated the item would be brought back during a futuYe work session, after the Council had additional time to review the amendments. Wh`T are these changes being�ro�osed? The Comprehensive Plan is a guiding policyT document that promotes the communityT's vision for the next 20 yTears. The plan includes goals and objectives to address the needs and desires of the community. The current plan �vas approved in October of 2021. In terms of zoning, the Comprehensive Plan play-s a critical role in shaping the cit�T's land use regulations. Zoning is the process of dividing land into different districts or zones, each with its o`vn permitted land uses and development standards. Overall, the Comprehensive Plan helps ensure that the cityT's zoning regulations are aligned with its long-term vision for gro`vth and development The current Comprehensive Plan points towards the creation of a new or significantly changed residential zoning districts. This is one of the main reasons for the pYoposed zoning amendments. Focused Area Study (FAST) During the Comprehensive Plan update, the FAST land use designation was removed and the properties within that designation were reassigned ne`v land use designations of Mixed Residential, Multifamil�T, High`vay Business, The Elk River Vision A 2a�elcolning co�nlnunity 2a�ith T evolutiona� y and spizzted T esou� cefulness, exceptional se�vice, and coln�nunity engagelnent that encou�ages and ins�iz•es pTo�pe�zty. rowEREo ar �I'1 �� Update�l• January 2023 Business Park, and Neighborhood Commercial. The current zoning of these properties is still FAST and needs to be rezoned to match their underlying land use. Staff would like to proceed for�vard with this zone change. Financial Impact N/A Attachments ■ Land Use Map (Proposed) ■ Land Use Map (Existing) ■ Zoning Map (Proposed) ■ Zoning Map (Existing) ■ Individual Residential Zoning District Maps ■ Various OYdinance Amendments ■ Various E�sting Ordinances ■ FebYuaryr 21, 2023, Staff Report (without attachments) N:APublic Bodies\�lgenda Packets\04-03-2023\Final\x11? si.docx � 32 2 ---------------- - --------=i i � i Wi �ANCH R� N�v i� � i i 3 i i O � � Q 1 / ¢ � i � F i � z ` � � ° i � � �--------- -------i o � " i � � � i � ��-------------� - i '� '-----� '� I i i '�I i i � � 32 I / / / � � � r � Z v � �-------i ° j --- m-----� 1 � 1 p � � I /� ' ' �� Z�' ..Y I � � � I � � � I _ _ � �' .._..,L.2❑ 1 44 ` i 35 - .. ,.. ��,93/VD�A'Vf'lVW _ � - � i ' ° �' � _ � ' \ � I I � y" „' 1 (�j' � � _ I � WAY=t�=N \ � � ---�i� i I i I � 1 i I i i i �----- I __ ; � 2275T AVE NW 9 � � izi � �S� � I �-.,_ O - �O 0 !■ � � � i 10 i� � � NSrN � � - ��. ��,�, � ��\ i �' ` . —�MISSISSIP-P-IRD=NV✓ � 1 ` � 1 ` �__ 1 I � I ��`` /� -� ,os. i �__��__�_____�� '��_�_�� . Land Use Plan (Existing) LAND USE CATEGORY Rural Residential Traditional Single-Family Residential p Mixed Residential � Multifamily � Mixed Use � Neighborhood Commercial � Highway Business � Business Park � Industrial �Grir Parks & Open Space � Public/Semi-Public Agriculture Utilities & Railroads i _; Future Urban ServiceArea � � � t:� , , � " ,� r J �� i:� 1- AVENW �,� � _ „y � QProposed Areas to be Changed. �` Proposed land uses are shown on the exhibit "Land Use Map (Proposed)" �J '1 ��1■ I� �:,, ■ � I � � � . I „� � q � .� m � �r� �, II� � -- � — �� —, :: z.�' , 1 �� :::::::::�:. 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' � ' • tl = N � ,�Jr_� . �r� � ,: : , � : � � _ � ..,;, , � � ._. � „� „ - � ,°� � � � � ,,,, , ,,. �� , _ - __ �h 'i� •p � .. � , � ■� � , � � i �� + ,'�'y , F e;a' � � 6 � . � � ,� , �� e�:�� s �■ � �..,.... l� . . - � 1 � r � I �•I � I_�I � i:e �e� 'n / � - � y}�� —1� �� e�� li�i� �� j� � �. � q _ _ i , ,;,. �i� � ' ;�. r � t +�,s� _# � � � � �. � xn�c�i � �..'�k �. I� `'� ' ■��■�� ■ � �g � - — - :� ��oa°i �a� �� 1 'ai �� ,, v, �z=� � � ims�� — �� , �� _�o --�8 NII ° ..� � �1�?� IH��G;��ars �� . IN�YN��IE �I� � � � �,� �� , ,, � / � /� 111� i��ii� . �I I / � ..NN� �� I . _ 1 =�� . �'� _�� , ----- �► �, III' � Sec. 30-1. De�nitions (paYtial list of Yesidential definitions) Besidential. 7nulti�le- a�nilv means a one-famil�r dwellin�. owner occupied oY Yental. of at least t�vo units attached in which each unit has its own access to the outside. is not located oveY anotheY unit, and each unit is se�arated horizontall�r b�r a series of common oY �arttr walls. A�artments and detached townhouses are not included. Besi�lential, sirzgle faYnily means one dwelling unit contained in a structure. Besidential, apaT�ment means two oY more dwelling units attached by a series of common oY paYtyr walls, in which each unit has access to an inside common hallwa�T and each unit mayT be for rent or owner-occupied. To�a�nho�ne see to�a�nhouse, attache� To�a�nhouse, attacbed means a one-familyr 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 horizonta115T b�T a series of common or partyT `valls. There shall be no more than six dwellin�s per structure in a�ow or no more than eight dwellings per structure if back-to-back. „n� � :�1, r.�l.,,... ,:�� , .-„] . ,.�:,,.-. ... .-,�,,:.-,,,,] Toaa�nbouse, attached see Residential, multi�le-familtir. Villa, �letache�l, means a one-famil�r dwellin�, owner occu�ied oY Yental, which does not share an�r walls with other units and is association maintained. Sec. 30-793. Accessory buildings. (a) Ti�ne of constzz�ction. No accessor�r building oY structure shall be constructed on any Yesidential lot prior to the time of construction of the principal building to which it is accessoryT. (b) r1ll accessoryr structures greateY than 200 square feet shall require a building permit and comply with all applicable building codes. In anyT zoning district, all metal finishes or coverings shall be factoryr prefu�ished. (c) �-K1 distTzct. Restrictions on the number of agricultural accessoryT structures shall not apply to parcels that are 40 acres or larger. The total area of attached garages and number of detached accessory buildings shall not exceed the following: �rR1 Accesso r Buildin Re uirements Parcel Size Max AccessoryT Number of Structure Area Detached Structures less than 1 acre 2,000 s. ft. attached and detached 2 1 acre to 2,500 sq. ft. attached and detached 2 < 2.5 acres 2.5 acYes to 3,000 sq. ft. attached and detached 2 < 5 acres 5 acres to 4,000 sq. ft. attached and detached 4 < 10 acYes 10 acYes to 8,000 sq. ft. attached and detached 4 < 20 acres 20 acres to 16,000 sq. ft. attached and detached 4 < 40 acres 40 acYes Not to exceed 2% of the lot aYea Unlimited �d� nt� �,. �, a,.t,�..t. r.. ��.,, v ��. v � �,,..a n � a �,.._,,: K2, B3, ara�l K4 �li3�t�zcts., �Two detached accessoryT buildings are allowed per single-family parceL The total area of attached garages and accessoryT buildings shall not exceed the follo�ving scale: Parcel Size MaYimum Accessory Structure Area Less than 1 acre 1,200 sq. ft. attached and detached 1 acre to < 5 acres 2,500 sq. ft. attached and detached 5 acres to < 10 acres 3,500 sq. ft. attached and detached 10 acres to < 20 acres 4,500 sq. ft. attached and detached 20 acres to < 40 acres 6,000 sq. ft. attached and detached 40 acres or more Unlimited (Supp. No. 56) Created: 2022-10-17 18:42:09 [EST] Page 1 of 3 (e) Attached accessoTy l�uildings; sepa�ation het�a�een accessozy I�uilding and lnain l�uilding. In case an accessoryT building is attached to the main building, it shall be made structurally a part of the main building and shall comply in all Yespects with the requirements of this article applicable to the main buildings. An accessoryT building, unless attached to and made a part of the main building, shall not be closeY than five feet to the nrinci�al structure~��~'��'a�~�. (� All accessory structuYes, whetheY a building peYmit is Yequired oY not, shall comply ��ith the required minimum setbacks and shall be anchored to the ground in compliance `vith all applicable building codes. Accessory structures are permitted in anyT zone and ma�T be finished with metal panels, `vood, vinyTl lap siding, metal siding, and/or masonryT. Canvas, fabric oY plastic coveYed structures and prefabricated molded plastic storage containeYs less than 120 square feet in floor area are permitted as an accessoryT structure in anyT residential zoning district. �On lots less than t�vo and one-half acYes in the � �', � �� a� �� R2, R3, and R4 and > > > residential PUD districts, detached accessor�T structures greater than 200 square feet may be finished with wood, vinyl lap siding, metal siding, and/oY masonr�r. In the ° ��~a � ��R1 district�, and on lots greater than two and one-half acres in the D �', D',_ D � a D �� R2 R3, and R4 and residential PUD districts, accessoryT structures ma�T be finished �vith metal panels, wood, vinyTl lap siding, metal siding, and/or masonryT. {g}(h) For �arcels located within in O�en S�ace Preservation Overlav Districts, accessor�� structures will be regulated bv the underl�Tin� zoning. {�}(i) Accessoryr structuYes exceeding 120 square feet in flooY aYea, in any zoning district, ma�r not be finished with canvas, fabric and/or plastic membranes with the following exception: In the R1� districts, engineeYed fabric accessor�r structuYes shall be allowed provided the following conditions are met: (1) The parcel is ten acres or greater. (2) The applicant shall obtain a building permit and the structure shall meet the �uind and snow load requirements of the building code. (3) The structure will be considered permanent and shall be included in the ma�mum number of detached structures and total square footage of accessoryT structure calculation. (4) The structure shall meet the Yequired accessoryr structure setbacks foY the zoning district and shall be no closer than 250 feet fYom a residential structure on anyr adjacent lot. (5) The structure shall be removed if the parcel is subdivided into lots smaller than five acres in area. � . - � - - .. . . . . �, , � .. , . � . (}�) TemporaryT tent structures of anyT size will be allowed for, but not limited to, family gatherings, weddings and special occasions or events. Temporar�T accessor�T structures shall not be erected for more than four consecutive dayTs and shall not be erected again for a period of three dayTs (Supp. No. 56) Created: 2022-10-17 18:42:09 [EST] Page 2 of 3 thereafter. TemporaryT tent structures shall complyT with the required minimum setbacks and shall be anchored to the ground in compliance with all applicable building codes. For events requiring more than four dayTs, a general planning permit shall be required. (�k) In all single-family Yesidential zoning districts, a rninimum 20-foot X 22-foot single gaYage shall be constructed with a minimum of 440 square feet in area. (Code 1982, � 900.20(3); OYd. No. 02-18, � 2, 12-16-2002; OYd. No. 04-21, � 1, 12-20-2004; OYd. No. 05-16, � 1, 7-18-2005; OYd. No. 15-14, � 1, 5-18-2015; OYd. No. 15-19, � 1, 7-20-2015; OYd. No. 22-17, � 1, 7-18-2022) (Supp. No. 56) Created: 2022-10-17 18:42:09 [EST] Page 3 of 3 Sec. 30-991. R1 Rural Residential. This is for our current R1 a district (2 '/z acre) — well and septic (a� Pur�ose. (1) GeneTally. The suburban residential categoryT predominatelyT consists of single-family detached homes occupyTing moderatelyT sized lots. This land use is the most prevalent residential tyTpe within the Urban Service Area and consists of a range of neighborhood tyTpologies including the historic grid block pattern neighborhoods surrounding the downtown and ne`ver curvilinear block pattern subdivision developments in the noYth, east, and west This land use, while pYedominatelyr single-family detached, should accommodate single-family attached, townhomes, and duplexes at transitional areas on the edges of these neighborhoods, along primaryT transportation corridors, and adjacent higher intensityT uses such as multi- family or commercial. (b) PeYmitted uses in the R1 districts aYe as follows: (1) Agricultural uses (on parcels five acres or larger). (2) Bed and breakfast establishments, homeo`vner occupied. (3) Farm wineries (on paYcels five acres oY largeY). (4) Open space preservation (as permitted in section 30-511 et seq.). (5) Public parks. (6) Residential, single famil�T. (7) Residential facilities (one to six persons). (8) State licensed Yesidential facilities oY a housing with services establishment YegisteYed under chapter 144D serving six or fe�ver persons, a licensed da�T care facilityT serving 12 oY fe�ueY peYsons, and a group family day care facilityr licensed undeY Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer childYen shall be considered a permitted single famil�T residential use of propert�T for the purposes of zoning, except that a residential facilit�T 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. (c) Accessozy uses. Accessoryr uses in the R1 districts are as follows: (1) Accessoryr dwelling units. (2) Agricultural buildings. (3) Home occupations, peYmitted. (4) Kennels, private. (On parcels 2 1/2 acres or greater and in accordance with Chapter 10 Article II). (5) Parking lots. (6) Private recreation facilities. (7) Structures, accessoryT. (8) ToweYs (less than 60 feet in height). (9) TractoY traileY paYking (on parcels 2�/z acYes oY largeY). (10) Trailer, temporaryT. (11) Signs (as peYmitted in section 30-851 et seq.). (d) Conditional uses. Conditional uses in the R1 districts aYe as follows: (1) (2) �3) (4) (5) (6) (7) �g) (9) Feedlots (on parcels five acres or larger). (10) Golf courses and countryT clubs. (11) Government faciliries. (12) Home occuparions, conditional. (13) Horticultural uses. (14) Kennels, commeYcial. (15) Kennels, private (On paYcels 2�/z acYes or greater or on parcels located in clusteY subdivisions and in accordance with Chapter 10 Article II). Agricultural uses (on parcels less than five acres). Bed and breakfast establishments, non-homeo`vner-occupied. Cemeteries (minimum lot size four acres). Commercial recreation facilities. (On properties adjacent to arterial or collector streets when associated with an approved educational institution.) Cooperative gardening. DayT care, (in religious institutions). Educational institutions. Farm wineries (when on-site sales are included and/or on parcels less than five acres). (16) Mobile homes, temporaryT. (17) Religious institutions. (18) Stables, private. (19) Tractor trailer parking (on parcels less than 2 1/2 acres in size). (20) Wayside stands. Sec. 30-991. R-1 districts. This is for all of our current R1 districts (a) Purpose. (1) Generally. The R-1 residential districts are established to accomplish the general purposes of this article and for the following specific purposes: a. Preserve living qualities of residential neighborhoods. b. Ensure future high quality amenities, including, but not limited to, the provision of adequate light, air, privacy, and convenience of access to property. c. Increase convenience and comfort by providing usable open space and recreation space on or near the housing units they serve. d. Prevent additions or alterations of structures which would damage the character or desirability of existing residential areas. e. Protect residential areas, to the extent possible and appropriate in each area, against unduly heavy motor vehicle traffic. f. Encourage a variety and range of dwelling types and a wide range of population densities with emphasis on home ownership. (2) R-1a district. The rural residential district is intended to allow for a rural lifestyle by permitting low density residential development in areas that are marginal or nonfeasible for agriculture. The R-1a district is intended to be primarily a residential district, but may also accommodate agriculture-related and accessory uses. This is the general area of the city which is not primarily suited to farming due to soil conditions, slope, tree cover, and other physical features better suited for non-farm housing and related accessory uses. (3) R-1b district. This district is intended to provide land for attractive and diverse low density single-family residential development, and to primarily contain detached low density single-family residential developments and low density planned unit development. Subdivisions utilizing on-site sewage disposal systems and private water wells cannot exceed one single-family residence per gross acre. Construction of on-site sewage disposal systems shall not be permitted on adjoining lots. Streets and other improvements may be temporary in nature as approved by the city council. (4) R-1c district. This district is intended to provide single-family residences in areas with full municipal public sanitary sewers, storm sewers, and municipal water in areas that are a continuation of existing residential development patterns and the infilling of existing lots in established areas. (5) R-1d district. This district is intended to provide single-family residential districts with larger lots and higher quality housing types in areas with full municipal public sewers, storm sewers, and municipal water in areas that possess significant natural features, including vegetation, wetlands, and topographic features. This district is intended to encourage the design of subdivisions that protect natural features while providing high quality housing sites. (b) Permitted uses. Permitted uses in the R-1 districts are as follows: (1) Agricultural uses (only in the R-1a district on parcels five acres or larger). (2) Bed and breakfast establishments, homeowner-occupied. (3) Farm wineries (only in the R-1a district on parcels five acres or larger). (4) Open space preservation (as permitted in section 30-511 et seq.). (5) Public parks. (Supp. No. 56) Created: 2022-10-17 18:42:10 [EST] Page 1 of 3 (6) Residential, single family. (7) Residential facilities (one to six persons). (8) 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. (c) Accessory uses. Accessory uses in the R-1 districts are as follows: � (1) Accessory dwelling units. (2) Agricultural buildings. (3) Home occupations, permitted. (4) Kennels, private. (On parcels five buildable acres or greater). (5) Parking lots. (6) Private recreation facilities. (7) Structures,accessory. (8) Towers (less than 60 feet in height). (9) Tractor trailer parking (only in the R-1a district on parcels five acres or larger). (10) Trailer, temporary. (11) Signs (as permitted in section 30-851 et seq.). Conditional uses. Conditional uses in the R-1 districts are as follows: (1) Agricultural uses (in the R-1b, R-1c, and R-1d districts on parcels five acres or larger and in the R-1A district on parcels less than five acres). (2) (3) (4) Bed and breakfast establishments, non-homeowner-occupied. Cemeteries (minimum lot size four acres). Commercial recreation facilities. (On properties adjacent to arterial or collector streets when associated with an approved educational institution.) Cooperative gardening. Day care, (in religious institutions). Educational institutions. (8) Farm wineries (only in the R-1a zoning district when on-site sales are included and/or on parcels less than five acres). (9) Feedlots (only in the R-1a district on parcels five acres or larger). (10) Golf courses and country clubs. (11) Government facilities. (Supp. No. 56) Created: 2022-10-17 18:42:10 [EST] Page 2 of 3 (12) Home occupations, conditional. (13) Horticultural uses. (14) Kennels, commercial (in the R-1a district). (15) Kennels, private (on parcels less than five buildable acres or on parcels located in cluster subdivisions). (16) Mobile homes, temporary. (17) Religious institutions. (18) Stables, private. (19) Tractor trailer parking (only in the R-1a district on parcels less than five acres in size). (20) Wayside stands. (Code 1982, § 900.12(5); Ord. No. 99-32, § 3(900.12(5)(A), (5)(C)), 11-15-1999; Ord. No. 01-05, § 2, 4-16-2001; Ord. No. 03-16, § 1, 10-20-2003; Ord. No. 04-13, § 2, 8-27-2004; Ord. No. 05-04, § 1, 3-21-2005; Ord. No. 05-05, § 2, 3- 21-2005; Ord. No. 05-08, § 1, 4-4-2005; Ord. No. 08-13, §§ 2, 3, 10-20-2008; Ord. No. 15-03, § 2, 1-20-2015; Ord. No. 15-26, § 1, 8-17-2015; Ord. No. 15-30, § 1, 9-21-2015; Ord. No. 19-15, § 4, 8-19-2019) (Supp. No. 56) Created: 2022-10-17 18:42:10 [EST] Page 3 of 3 Sec. 30-992. R2 Traditional Single Family Residential. This is for our current R1b-d, R2a-b, & R3 districts — Urban Service Area (a) Pu��ose. (1) Gener•ally. The suburban residential categoryT predominatelyT consists of single-family detached homes occupying moderatelyT sized lots. This land use is the most prevalent residential tyrpe within the Urban SeYvice Area and consists of a Yange of neighborhood typologies including the historic grid block pattern neighborhoods surrounding the do`vntown and newer curvilinear block pattern subdivision developments in the north, east, and west This land use, `vhile predominatelyT single-famil�T detached, should accommodate single-famil�r attached, to`vnhomes, and duplexes at transitional areas on the edges of these neighborhoods, along primaryT transportation corridors, and adjacent higher intensit�T uses such as multi- famil�T or commercial. (b) Permitted uses in the R2 districts are as follo`vs: (1) Bed and breakfast establishments, homeowneY occupied. (2) Public parks. (3) Residential, single familyT. (4) Residential, multiple family (4-unit max, minimum 1,320 feet from another unit) (5) Residential facilities (one to six persons). (6) State licensed residential facilities or a housing with services establishment registered under chapter 144D serving six or fe`ver persons, a licensed da�T care facilit�r serving 12 or feweY peYsons, and a gYoup family day care facilityr licensed undeY Minnesota Rules, parts 9502.0315 to 9502.0445 to seYve 14 oY feweY childYen shall be considered a permitted single family residential use of propertyT for the purposes of zoning, except that a residential facilityT whose primaryT purpose is to treat juveniles who have violated crimirial statutes Yelaring to sex offenses or have been adjudicated delinquent on the basis of conduct in violarion of criminal statutes relating to sex offenses shall not be considered a permitted use. (7) Townhouse, attached (4-unit max, minimum 1,320 feet from another unit) (c) Accessozy uses. AccessoryT uses in the R2 districts are as follows: (1) Accessoryr dwelling units. (2) Home occupations, permitted. (3) Kennels, private. (On paYcels 2�/z acYes oY gYeateY and in accordance with ChapteY 10 AYticle I�. (4) Parking lots. (5) Private recreation facilities. (6) Structures, accessoryT. (7) Towers (less than 60 feet in height). (8) TYactor trailer parking (on parcels 2�/z acres or larger). (9) Trailer, temporaryT. (10) Signs (as permitted in section 30-851 et seq.). (d) Conditional uses. Conditional uses in the R2 districts are as follows: (1) Agricultural uses (on parcels five acres or larger). (2) Bed and breakfast establishments, non-homeo`vner-occupied. (3) Cemeteries (minimum lot size four acres). (4) Commercial recreation facilities. (On properties adjacent to arterial or collector streets when associated with an approved educational institution.) (5) Cooperative gardening. (6) DayT care, (in religious institutions). (7) Educational institutions. (8) Farm wineries (on parcels five acres or larger). (9) Golf courses and countryT clubs. (10) Government facilities. (11) Home occupations, conditional. (12) Horricultural uses. (13) Kennels, private (On paYcels 2�/z acYes oY gYeateY and in accoYdance with ChapteY 10 Article II). (14) Mobile homes, temporaryT. (15) Religious institutions. (16) Stables, private. (17) TractoY trailer paYking (on paYcels less than 2�/z acres in size). (18) Wayrside stands. (e) Exceptions. Properties developed prior to adoption of the performance standards set forth in this section mayT not accommodate these required performance standards. For this reason, exceptions to the perfoYmance standaYds foY pYopeYties developed prioY to Date Here, 2023, in the former R2a, R2b, & R3 zoning districts mayT continue with the previous established performance standards. Sec. 30-992. R-2a district. (a) Purpose. The R-2a district is intended to create low density housing areas as a transition between single- family housing and higher density residential housing. (b) Permitted uses. Permitted uses in the R-2a district are as follows: (1) Public parks. (2) Residential, multiple family (two units max). (3) Residential, single family. (4) Residential facilities (one to six persons). (5) 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. (c) Accessory uses. Accessory uses in the R-2a district are as follows: (1) Home occupations, permitted. (2) Parking lots. (3) Private recreational facilities. (4) Signs (as permitted in section 30-851 et seq.). (5) Structures,accessory. (d) Conditional uses. Conditional uses in the R-2a district are as follows: (1) Day care (in religious institutions). (2) Educational institutions. (3) Governmental facilities. (4) Home occupations, conditional. (5) Religious institutions. (6) Zero lot line developments. (Code 1982, § 900.12(6); Ord. No. 04-13, § 3, 8-27-2004; Ord. No. 05-08, § 1, 4-4-2005; Ord. No. 19-15, § 5, 8-19- 2019) (Supp. No. 56) Created: 2022-10-17 18:42:10 [EST] Page 1 of 1 Sec. 30-993. R-2b district. (a) Purpose. The R-2b district is intended to: (1) Create low density multiple dwelling areas with a broad range of housing types; (2) Preserve and enhance transitional residential areas between lower and higher densities in areas served by public utilities; and (3) Enhance transitional areas between low density housing and other nonresidential land uses. The district must be served by public sanitary sewers, storm sewers, and municipal water. (b) Permitted uses. Permitted uses in the R-2b district are as follows: (1) Public parks. (2) Residential, multiple family (four units max). (3) Residential, single family. (4) Residential facilities (one to six persons). (5) 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. (c) Accessory uses. Accessory uses in the R-2b district are as follows: (1) Home occupations, permitted. (2) Parking lots. (3) Private recreational facilities. (4) Signs (as permitted in section 30-851 et seq.). (5) Structures,accessory. (d) Conditional uses. Conditional uses in the R-2b district are as follows: (1) Day care (in religious institutions). (2) Educational institutions. (3) Governmental facilities. (4) Home occupations, conditional. (5) Religious institutions. (6) Zero lot line developments. (Code 1982, § 900.12(7); Ord. No. 04-13, § 4, 8-27-2004; Ord. No. 05-08, § 1, 4-4-2005; Ord. No. 19-15, § 6, 8-19- 2019) (Supp. No. 56) Created: 2022-10-17 18:42:10 [EST] Page 1 of 1 Sec. 30-994. R-3 townhome district. (a) Statement of purpose. The purpose of the R-3 townhome district is to accommodate a variety of housing types, including single-family detached, duplex and townhouse dwellings, at low to moderate residential densities (approximately 11 units per acre or less). This district is also intended to function as a transition between the less intense single-family district and the more intense multifamily districts. Certain other structures and uses necessary to serve governmental, educational, religious, recreational, and other needs of neighborhoods are allowed as permitted or conditional uses subject to restrictions intended to preserve and protect the residential character of the district. (b) Permitted uses. Permitted uses in the R-3 district are as follows: (1) Public parks. (2) Residential, single family. (3) Residential facilities (one to six persons). (4) 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. (5) Townhouse, attached. (c) Accessory uses. Accessory uses in the R-3 district are as follows: (1) Accessory structures. (2) Home occupations, permitted. (3) Private recreational facilities. (4) Signs (as permitted in section 30-851 et seq.). (d) Conditional uses. Conditional uses in the R-3 district are as follows: (1) Cemeteries (minimum lot size four acres). (2) Daycare, licensed (for 13 or more children). (3) Educational institutions. (4) Government facilities. (5) Home occupations, conditional. (6) Religious institutions. (7) Residential facilities (7-16 persons). (e) Density and open space. Development standards for density and open space are as follows: (1) Density. The maximum development density within the R-3 district shall be eight units per acre of net buildable area of the subdivision. Net buildable area shall be the total area less public street rights-of- way, wetlands, major drainageways as defined by the comprehensive storm water management plan, water bodies and slopes steeper than three to one (3:1) slope ratio. (Supp. No. 56) Created: 2022-10-17 18:42:10 [EST] Page 1 of 5 (2) Open space requirements. In instances where land is not given to meet the park dedication requirements as required by section 30-327, then an area of useable open space for recreation purposes shall be designed into the project. Such area shall be a minimum of 12,000 square feet or five percent of the not buildable area, whichever is greater, and shall be privately owned. The open space shall be of a quality that would allow it to be used for active recreational purposes. (f) Building design and construction standards. The building design and construction standards are as follows: (1) Unit width. The minimum width of a dwelling unit within the R-3 district shall be: a. For single-family detached townhomes or end units on buildings containing more than four units, 28 feet. b. For internal dwelling units located in buildings containing more than four units, 24 feet. (2) Unit construction. a. Building elevations and floor plans shall be furnished with subdivision requests, illustrating exterior building material and colors to demonstrate compliance with this section. Building floor plans shall identify the interior storage space within each unit. b. Buildings shall be designed to prevent the appearance of straight, unbroken lines in their horizontal and vertical surface. There shall be no more than two continuous townhouse dwelling units without a break in the horizontal and/or vertical elevations of at least 32 inches. c. Provision shall be made for possible decks, porches or additions as part of the initial dwelling unit building plans. The unit lot shall be configured and sized to include decks, patios, or porches. d. In case of a gable roof, a minimum 12-inch overhang on gable ends shall be required for all residential structures. All other soffits, on residential structures, are to have a minimum 16-inch overhang. e. The exterior of townhome dwelling units shall include a variation in building materials, which are to be distributed throughout the building facades and coordinated into the architectural design of the structure to create an architecturally balanced appearance. The preferred materials are: brick, stucco, stone, dutch lap vinyl siding and fiber-cement siding. In addition, townhome dwelling structures shall comply with the following requirements: 1. A minimum of 25 percent of the combined area of all building facades of a structure shall have an exterior finish of brick, stucco and/or natural or artificial stone. 2. Except for brick, stucco, and/or natural or artificial stone, no single building facade shall have more than 75 percent of one type of exterior finish. 3. Except for brick, stucco, and/or natural or artificial stone, no townhome dwelling structure shall have more than 60 percent of all building facades of one type of exterior finish. Deck railings may be included as a change of material on the facade of a building. 4. For the purpose of this section, the area of the building facade shall not include area devoted to window, entrance doors, garage doors, or roof areas. (3) Garages. a. Each dwelling unit shall include an attached garage. b. Garages shall comply with the following minimum size standards: 1. For single-family detached townhomes or end units in buildings containing more than four units, both with basements: 484 square feet. (Supp. No. 56) Created: 2022-10-17 18:42:10 [EST] Page 2 of 5 For single-family detached townhomes or end units in buildings containing more than four units, both without basements: 584 square feet. For internal units located in buildings containing more than four units, with or without basements: 364 square feet. Garages shall be a minimum of 22 feet in width, except garages attached to internal units located in buildings containing more than four units, may be a minimum of 14 feet in width. (4) Outside storage. Outside storage shall be allowed only in designated areas that are screened and under the ownership of the property owners' association, subject to other applicable provisions of this chapter. (g) Parking, vehicular and pedestrian circulation. The parking, vehicular and pedestrian circulation standards are as follows: (1) Resident parking. Resident parking shall be provided at one space per bedroom. Resident parking may occur in the garage or in the driveway of individual units. (2) Guest parking. At minimum, one-half guest parking space per unit shall be provided in an off-street parking lot or private drive. The design of the off-street parking lot shall conform to the parking requirements of this Code. (3) Streets. All streets shall be public and shall comply with the design standards and specifications as governed by article V of this chapter, pertaining to subdivision regulations, except that the required right-of-way may be reduced to 50 feet and the required street width reduced to 28 feet face to face with parking limited to one side. (4) Drives. a. Dead-end private driveways shall serve a maximum of two structures or six units per side. b. Private drives shall be under the ownership and control of the property owners' association, which shall be responsible for the maintenance, repair, and replacement of surfacing. The association shall maintain a capital improvement program for the driveways under its ownership. c. Adequate length shall be added to the terminus of all dead end private drives for the purposes of backing up and turning of vehicles from individual driveways. Such areas shall not be used for parking. d. Private drives must include plans and areas for snow storage or provide provisions in the homeowners' association documents for snow removal. e. Private drives shall be a minimum of 24 feet in width, back of curb to back of curb, and shall not allow parking on either side unless they are a minimum 28 feet in width, in which case parking may be allowed on one side. (5) Sidewalks. A six-foot sidewalk shall be provided on one side of the public street. (h) Landscaping/screening/lighting. A detailed landscaping and lighting plan shall be provided and implemented pursuant to this section. The landscaping and screening shall address the following: (1) All open areas of the development project which are not used or improved for required parking areas, drives or storage shall be landscaped with a combination of overstory trees, understory trees, shrubs, flowers, and ground cover materials. The plan for landscaping shall include ground cover, bushes, shrubbery, trees, sculpture, foundations, decorative walks or other similar site design features or materials. The landscape plan shall include detailed foundation plantings for areas adjacent to (Supp. No. 56) Created: 2022-10-17 18:42:10 [EST] Page 3 of 5 buildings, walks, etc. In addition to the trees required by section 30-415, the following is required: a minimum of five shrubs for each dwelling unit. (2) Landscaping at the boundary of the site adjoining another property and the immediate perimeter of the principal structure. (3) Buffer-yard landscaping for yards bordering major collector and arterial streets. Buffer-yard landscaping shall include berming and the use of coniferous trees. (4) Screening of guest parking areas via the use of decorative fencing, berming, shrubs, trees, or a combination thereof. (5) All boulevards shall be sodded. Prior to sodding, the developer shall provide three inches of black dirt that is tilled into the native soil. The areas to be sodded shall be fine graded and rocks, trash, or other debris shall be removed. (6) Screening of designated outdoor storage areas. (7) All landscaped areas, including on-site traffic islands and all public rights-of-way adjacent to the property (where access is allowed by the governmental jurisdiction), shall have an in-ground irrigation system with an automatic controller. (8) Effective and safe levels of lighting which aid night surveillance and residents' sense of security shall be provided. Such lighting may be provided by streetlights or dwelling unit lights which are controlled by timers or sensors. (i) Transition requirements. Any R-3 zoned property abutting existing, developed single-family or duplex homes shall have a minimum of one tier of single-family dwellings or duplex homes bordering such a development. Exemptions to the provisions of this subsection may be granted, provided one or more of the following conditions exist: (1) The properties are separated by a major collector or arterial street. (2) The properties are separated by a railroad right-of-way, wetland, water body, floodplain, public open space, park or other such similar publicly reserved and development restricted area with a minimum width of 100 feet across its entire length. (j) Utilities. (1) All utilities serving an R-3 subdivision, including telephone, electricity, gas and tele-cable shall be installed underground. (2) Separate public utility services shall be provided to each unit unless exempted by the city engineer. (3) Water connection: Individual unit shutoff valves shall be provided. (4) Sewer connection: Where more than one unit is served by a sanitary sewer service, all maintenance and cleaning shall be the responsibility of the homeowners' association. Where individual units are served individually, all maintenance and cleaning shall be the responsibility of the homeowner. (5) Unit utility connections shall be located in the side or rear of the unit whenever possible and shall be screened. Unit utility connections in the front of units shall be screened by a structure that is integrally designed as part of the unit. (k) Common areas. The following minimum requirements shall be observed in the R-3 district governing common areas: (1) Ownership. All common areas within an R-3 development, including, but not limited to, open space, wetlands, greenways, drainage ponds, driveways, private drives, parking areas, play areas, etc., shall be owned in one of the following manners: (Supp. No. 56) Created: 2022-10-17 18:42:10 [EST] Page 4 of 5 a. Condominium ownership pursuant to Minn. Stats. ch. 515A, article 2(Minn. Stats. § 515A.201 et seq.) b. Townhome subdivision common areas shall be owned pursuant to Minn. Stats. ch. 515B. (2) Homeowners association. A homeowners' association shall be established for all developments within the R-3 district which have areas under common ownership, subject to review and approval of the city attorney, and shall be responsible for all exterior building maintenance, approval of any exterior architectural modifications, landscaping, snow clearing and regular maintenance of private driveways and other areas owned in common. (Code 1982, § 900.12(8); Ord. No. 01-15, § 1, 10-15-2001; Ord. No. 03-16, § 3, 10-20-2003; Ord. No. 04-13, § 5, 8- 27-2004; Ord. No. 05-08, § 1, 4-4-2005; Ord. No. 14-13, § 1, 10-20-2014; Ord. No. 19-15, § 7, 8-19-2019) State law reference(s)—Similar provisions, Minn. Stats. § 462357, subd. 1b. (Supp. No. 56) Created: 2022-10-17 18:42:10 [EST] Page 5 of 5 Sec. 30-993. R3 Compact Single Family Residential. This is based on what our current smaller lot subdivisions are — i��iske i�Zeadows, Tall Pines, etc. (a) Pu��ose. (1) Gene�ally. The compact Yesidential district consists of neighborhoods with multiple housing tyTpes, including single-famil�T detached, duplexes, to`vnhomes, and small multi-familyT buildings. iVlixed residential areas should include existing residential neighborhoods `vhere a gentle increase in densityT is appropriate such as surrounding the downto`vn as well as ne`v neighborhood subdivisions. (2) Large Lot (65') Single FamilyT ResidentiaL This tyTpe is intended to provide larger single-family lots and shall comprise 30-50% of the approved pYeliminaryr plat. (3) Small Lot (55') Single Family ResidentiaL This tyTpe is intended to provide smaller homes at an appYoachable price point and shall comprise 20-40% of the approved preliminaryT plat. (4) Detached Villas (40'). This tyTpe is intended to provide market rate and emptyT nest living in association maintained, o�uner occupied structures and shall comprise 10- 30% of the approved preliminaryT plat. (5) Attached Townhomes. This type is intended to provide market rate and emptyT nest living in association maintained, owner occupied or rental structures and shall comprise 10-30% of the approved preliminaryT plat. (b) Pe�7nitted uses. PeYmitted uses in the R3 district aYe as follows: (1) Bed and breakfast establishments, homeowneY occupied. (2) Public parks. (3) Residential, single familyT. (4) Residential, multiple familyT. (8 units max) (5) State licensed residential facilities oY a housing with services establishment registered under chapter 144D serving six or fewer persons, a licensed dayT care facilityT serving 12 or fewer persons, and a group familyT dayT care facilinT licensed under iVlinnesota Rules, paYts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single familyT residential use of propertyT for the purposes of zoning, except that a residential facilityr whose primaryr purpose is to treat juveniles who have violated criminal statutes relating to sex offenses oY have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be consideYed a peYmitted use. (6) Townhouse, attached. (In accordance `vith Secrion 30-995) (7) Villa, detached. (c) AccessoTy uses. Accessoryr uses in the R-1 districts are as follo�us: (1) Accessoryr dwelling units (2) Home occupations, permitted. (In principal structure onlyT) (3) Kennels, private. (On paYcels 2�/z acres or gYeater and in accordance with ChapteY 10 Article II). (4) Parking lots. (5) Private recreation facilities. (6) Structures, accessor�T. (7) To`vers (less than 60 feet in height). (8) Signs (as permitted in section 30-851 et seq.). (d) Conditional uses. Conditional uses in the R3 districts aYe as follows: (1) Commercial recreation facilities. (On properties adjacent to arterial or collector streets when associated with an approved educational institution.) (2) Da�T care, (in religious institutions). (3) Educational institutions. (4) Government facilities. (5) Home occupations. (6) Kennels, private (On parcels 2�/z acres oY greateY oY on paYcels located in cluster subdivisions and in accordance `vith Chapter 10 Article II). (7) Religious institutions. (e) Exceptions. PYopeYties developed prioY to adoption of the perfoYmance standaYds set foYth in this section may not accommodate these required performance standards. For this reason, exceptions to the performance standards for properties developed prior to Date Here, 2023, in the former R2a, R2b, & R3 zoning districts mayT continue with the previous established performance standards. (� P�zncipal stTz�ctu�e l�ulk regulations. PaYcels and principal structures shall comply with the following dimensional regulations: Product T�pe l�finimum �limum Setback Setback Setback Max Peicentage �Ia�num Lot 1Vla�mum Lot Size Lot Width Front Side Rear of Preliminai�� Coverage Height Plat Large Lot Single 8,450 square 65' 25' 7.5' 20' 30-50%* 25% 3 floors oi Famil� Residential feet Corner lot 40' 85' 130' min depth Small Lot Single 7,150 square 55' 25' 7.5' 20' 20-40%* 25% 3 floors or FamIl� Residential feet Comer Lot 40' 75' 130' inin depth Detached Villas 40' 25' S' 10' 10-30%* 25% 3 floors or from 40' �ight-of- wa�- or pnvate drive curU Attached --- 25' --- 10' 10-30%* 25% 3 floors or Townhotnes froin 40' right-of- wa�T or piivate drive curU *No more than 50% of a Product Type can be grouped togetheY in the preliminaryr plat Streets do not constitute a sepaYation. (g) Accesso�y st�z�cture bulk �egulations. Accessory structures shall comply with the following dimensional regulations: Product T�pe Setback Setback Setback 1Vla�num Front Side Rear Height Large Lot Single 25' S' S' 15� Familr Residential Small Lot Single 25' S' S' 15� Family Residential Detached Villas 25' from 5' S' 15� right-of-wa�- or piivate drive curU Attached 25' from 10' 10' 15� Townhomes right-of-wav or private d�ive curU � A m�imum of one story is permitted. � Swimming pools shall be setback a minimum of eight feet from the side yard and rear yaid lot lines and must comply with the requued front yard setback as per this subdi�rision IL Swimming pools must compl5r with the fencing requirements found in section 30-796. Sec. 30-994. R4 Multiple Family Residential. Title change and one edit. (a) Pua�ose. The R4 district is intended to create, preserve, and enhance areas for multifamil�T use of higher densities in areas served b�T public sanitar�T sewers, storm sewers, and municipal `vater, `vith good accessibilit�r to thoroughfares, public communityT centers, libraries, shopping centers and employment centers, and where such development fits the growth management plan. (b) PeT7nitted uses. PeYmitted uses in the R-4 district are as follows: (1) Public parks. (2) Residential, apartment. (3) Residential, multiple familyT. � �� {�}(41 Residential facilities (one to six persons). {�r} 5 State-licensed residential facilities or housing with services establishments registered under iVlinn. Stats. ch. 144D serving six or fewer persons, licensed dayT care facilities serving 12 or fewer persons and group familyT dayT care facilities licensed undeY l��innesota Rules, parts 9502.0315 to 9502.0445, to serve 14 or fewer children, except that a residential facilityr whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses oY have been adjudicated delinquent on the basis of conduct in violation of crirnival statutes Yelating to sex offenses shall not be a permitted use. {�}(6i To�vnhouse, attached. (In accordance with Section 30-995) (c) Accesso�y uses. Accessoryr uses in the R4 district aYe as follows: (1) Private recreational facilities. (2) Signs (as permitted in section 30-851 et seq.). (3) Structures, accessoryr. (d) Conditional uses. Condirional uses in the R4 district aYe as follows: (1) BoaYdinghouses. (2) Day caYes (for 13 oY moYe children). (3) Educational insriturions. (4) Governmental facilities. (5) Manufactured home parks (as defined in Minn. Stats. � 327.14, subd. 3.). (6) Religious institutions. (7) Residential facilities (7-16 persons). (8) Zero lot line development. (Supp. No. 56) Created: 2022-10-17 18:42:11 [EST] Page 1 of 1 Sec. 30-995. �R-3 townhome ��desi�n standards. , , , , , , ..+.,.,++I�., . .-�.J.-...+�-.I .,L.-..-,.,+.,...f +I�., .J�.-+.�.,+ ��Re��f e�-ases-�er��ed�ses�t�c�3-d+��+c��Te-a s�c '�•�� T1�R��I+c�a�IF� r��Re si�d e� �ia�si�a g�c�#,�� T��Res+dept+a�#ac�it+es-{o*r��e s+�Ferssr��} , . . Y,.,;++,,,� , �� T��se��ac�c�. Te�,4ssesser�:ses:-/�ssesser�ses+r�t#c-f�-�+��+c��re-a s#o'„�� T1��4s se sser�-s�� E��-�� r��k4e�e-e ss�at�e�s�eKr�+�� ed . T��R�i�a�e�-es�c�at+e+�a�#ac�i t�e � �^��+g�s�;xs-per��ed�ses�+e��9��1 e� se^.�'. �T6e�t+e;,z.rase�C�;, Rt�e;,�ases�t#c-R �+��+c��re-as�c'�� T1�6 e�e�e�ie�Ti;,*ia�;��s+� e��ae�s} r��BaYc�-^�Ee+�sed ��r��-e;�r�s#i',�ep'T. T��€�e�t+e ^ ^��+��t�en� � ^��e4e�r�„-re� �#a e+�i t+e� T��k4e, �e-e Es�t�en�c$r�t�e ^„�' . � ��e�+gi e�s+r�s�+��t�en� �'��Resi�ept+a'r,{-^Rea�i�i�e� ��Ferser�s� , , , ��+�,r h.,.J��,� �.,.J �I.,.,�,� �*�,o.,or *h�., *hro.� *., ., o/2•'I 1�I.,.,o r�*�., (Supp. No. 56) Created: 2022-10-17 18:42:10 [EST] Page 1 of 5 . , , . (€a) Building design and construction standards. The building design and construction standards are as follows: (1) Unit width. The minimum width of a dwelling unit within the �R3 & R4 districts shall be: a. For single-family detached *^�•�^�Tvillas or end units on buildings containing more than four units, 28 feet. b. For internal dwelling units located in buildings containing more than four units, 24 feet. (2) Unit construction. a. Building elevations and floor plans shall be furnished with subdivision requests, illustrating exterior building material and colors to demonstrate compliance with this section. Building floor plans shall identify the interior storage space within each unit. b. Buildings shall be designed to prevent the appearance of straight, unbroken lines in their horizontal and vertical surface. There shall be no more than two continuous townhouse dwelling units without a break in the horizontal and/or vertical elevations of at least 32 inches. c. Provision shall be made for possible decks, porches or additions as part of the initial dwelling unit building plans. The unit lot shall be configured and sized to include decks, patios, or porches. d. In case of a gable roof, a minimum 12-inch overhang on gable ends shall be required for all residential structures. All other soffits, on residential structures, are to have a minimum 16-inch overhang. e. The exterior of townhome dwelling units shall include a variation in building materials, which are to be distributed throughout the building facades and coordinated into the architectural design of the structure to create an architecturally balanced appearance. The preferred materials are: brick, stucco, stone, dutch lap vinyl siding and fiber-cement siding. In addition, townhome dwelling structures shall comply with the following requirements: 1. A minimum of 25 percent of the combined area of all building facades of a structure shall have an exterior finish of brick, stucco and/or natural or artificial stone. 2. Except for brick, stucco, and/or natural or artificial stone, no single building facade shall have more than 75 percent of one type of exterior finish. 3. Except for brick, stucco, and/or natural or artificial stone, no townhome dwelling structure shall have more than 60 percent of all building facades of one type of exterior finish. Deck railings may be included as a change of material on the facade of a building. 4. For the purpose of this section, the area of the building facade shall not include area devoted to window, entrance doors, garage doors, or roof areas. (3) Garages. a. Each dwelling unit shall include an attached garage. b. Garages shall comply with the following minimum size standards: 1. For single-family detached townhomes or end units in buildings containing more than four units, both with basements: 484 square feet. (Supp. No. 56) Created: 2022-10-17 18:42:10 [EST] Page 2 of 5 For single-family detached townhomes or end units in buildings containing more than four units, both without basements: 584 square feet. For internal units located in buildings containing more than four units, with or without basements: 364 square feet. Garages shall be a minimum of 22 feet in width, except garages attached to internal units located in buildings containing more than four units, may be a minimum of 14 feet in width. (4) Outside storage. Outside storage shall be allowed only in designated areas that are screened and under the ownership of the property owners' association, subject to other applicable provisions of this chapter. (gb) Parking, vehicular and pedestrian circulation. The parking, vehicular and pedestrian circulation standards are as follows: (1) Resident parking. Resident parking shall be provided at one space per bedroom. Resident parking may occur in the garage or in the driveway of individual units. (2) Guest parking. At minimum, one-half guest parking space per unit shall be provided in an off-street parking lot or private drive. The design of the off-street parking lot shall conform to the parking requirements of this Code. (3) Streets. All streets shall be public and shall comply with the design standards and specifications as governed by article V of this chapter, pertaining to subdivision regulations, except that the required right-of-way may be reduced to 50 feet and the required street width reduced to 28 feet face to face with parking limited to one side. (4) Drives. a. Dead-end private driveways shall serve a maximum of two structures or six units per side. b. Private drives shall be under the ownership and control of the property owners' association, which shall be responsible for the maintenance, repair, and replacement of surfacing. The association shall maintain a capital improvement program for the driveways under its ownership. c. Adequate length shall be added to the terminus of all dead end private drives for the purposes of backing up and turning of vehicles from individual driveways. Such areas shall not be used for parking. d. Private drives must include plans and areas for snow storage or provide provisions in the homeowners' association documents for snow removal. e. Private drives shall be a minimum of 24 feet in width, back of curb to back of curb, and shall not allow parking on either side unless they are a minimum 28 feet in width, in which case parking may be allowed on one side. (5) Sidewalks. A six-foot sidewalk shall be provided on one side of the public street. (�c) Landscaping/screening/lighting. A detailed landscaping and lighting plan shall be provided and implemented pursuant to this section. The landscaping and screening shall address the following: (1) All open areas of the development project which are not used or improved for required parking areas, drives or storage shall be landscaped with a combination of overstory trees, understory trees, shrubs, flowers, and ground cover materials. The plan for landscaping shall include ground cover, bushes, shrubbery, trees, sculpture, foundations, decorative walks or other similar site design features or materials. The landscape plan shall include detailed foundation plantings for areas adjacent to (Supp. No. 56) Created: 2022-10-17 18:42:10 [EST] Page 3 of 5 buildings, walks, etc. In addition to the trees required by section 30-415, the following is required: a minimum of five shrubs for each dwelling unit. (2) Landscaping at the boundary of the site adjoining another property and the immediate perimeter of the principal structure. (3) Buffer-yard landscaping for yards bordering major collector and arterial streets. Buffer-yard landscaping shall include berming and the use of coniferous trees. (4) Screening of guest parking areas via the use of decorative fencing, berming, shrubs, trees, or a combination thereof. (5) All boulevards shall be sodded. Prior to sodding, the developer shall provide three inches of black dirt that is tilled into the native soil. The areas to be sodded shall be fine graded and rocks, trash, or other debris shall be removed. (6) Screening of designated outdoor storage areas. (7) All landscaped areas, including on-site traffic islands and all public rights-of-way adjacent to the property (where access is allowed by the governmental jurisdiction), shall have an in-ground irrigation system with an automatic controller. (8) Effective and safe levels of lighting which aid night surveillance and residents' sense of security shall be provided. Such lighting may be provided by streetlights or dwelling unit lights which are controlled by timers or sensors. (+c) Transition requirements. Any R-3 zoned property abutting existing, developed single-family or duplex homes shall have a minimum of one tier of single-family dwellings or duplex homes bordering such a development. Exemptions to the provisions of this subsection may be granted, provided one or more of the following conditions exist: (1) The properties are separated by a major collector or arterial street. (2) The properties are separated by a railroad right-of-way, wetland, water body, floodplain, public open space, park or other such similar publicly reserved and development restricted area with a minimum width of 100 feet across its entire length. (}e) Utilities. (1) All utilities serving an R-3 subdivision, including telephone, electricity, gas and tele-cable shall be installed underground. (2) Separate public utility services shall be provided to each unit unless exempted by the city engineer. (3) Water connection: Individual unit shutoff valves shall be provided. (4) Sewer connection: Where more than one unit is served by a sanitary sewer service, all maintenance and cleaning shall be the responsibility of the homeowners' association. Where individual units are served individually, all maintenance and cleaning shall be the responsibility of the homeowner. (5) Unit utility connections shall be located in the side or rear of the unit whenever possible and shall be screened. Unit utility connections in the front of units shall be screened by a structure that is integrally designed as part of the unit. (�f) Common areas. The following minimum requirements shall be observed in the R-3 district governing common areas: (1) Ownership. All common areas within an R-3 development, including, but not limited to, open space, wetlands, greenways, drainage ponds, driveways, private drives, parking areas, play areas, etc., shall be owned in one of the following manners: (Supp. No. 56) Created: 2022-10-17 18:42:10 [EST] Page 4 of 5 a. Condominium ownership pursuant to Minn. Stats. ch. 515A, article 2(Minn. Stats. § 515A.201 et seq.) b. Townhome subdivision common areas shall be owned pursuant to Minn. Stats. ch. 515B. (2) Homeowners association. A homeowners' association shall be established for all developments within the R-3 district which have areas under common ownership, subject to review and approval of the city attorney, and shall be responsible for all exterior building maintenance, approval of any exterior architectural modifications, landscaping, snow clearing and regular maintenance of private driveways and other areas owned in common. (Code 1982, § 900.12(8); Ord. No. 01-15, § 1, 10-15-2001; Ord. No. 03-16, § 3, 10-20-2003; Ord. No. 04-13, § 5, 8- 27-2004; Ord. No. 05-08, § 1, 4-4-2005; Ord. No. 14-13, § 1, 10-20-2014; Ord. No. 19-15, § 7, 8-19-2019) State law reference(s)—Similar provisions, Minn. Stats. § 462357, subd. 1b. (Supp. No. 56) Created: 2022-10-17 18:42:10 [EST] Page 5 of 5 Sec. 30-1006. Principal structures. Principal structures shall comply with the following dimensional regulations: Buildin Setbacks Minimum Lot Front Side Garage Rear MaYimum MaYimum Requirements (feet) (feet) Side (feet) Lot Height feet) Covera e R1: Rural Residential Nonsewered 2'/z acres 35 20 20 30 25% 3 floors or 160' width 40' R2: Traditional Single Family Residential Nonsewered 1 acre 35 10 5 25 25% 3 floors or 160' width 40' Note: Interior side �rard setback from future lot line 10 feet. Sewered 11,000 sq. ft. 30 10 5 20 25% 3 floors or 80' width 40' 100' width corner lot 130' depth R3: Compact Single Family Residential See Section 30-993(� R4: Multiple Family Residential Single-Famil�r 10,000 sq. ft. 30 10 10 25% 3 floors or 80' width 40' 100' width on cornerlot Duplex 6,000 sq. ft. 30 10 10 3 floors or 60' width 40' Townhouse and 4,000 sq. ft. 30 10 25 30% 3 floors or other multifamilv 20' width 40' (not apartments) seweredi Apartment 2,500 sq. ft. per 30 10 25 40% 4 floors or seweredz unit (efficiencv) 50' 3,000 sq. ft. 30 10 25 40% 4 floors or per unit (1 50' bedroom) 3,500 sq. ft. 30 10 25 40% 4 floors or per unit (2 50' bedrooms) 4,000 sq. ft. 30 10 25 40% 4 floors or per unit (3 or 50' more bedrooms) � Side and rear setbacks are increased to 30 feet where the lot abuts a single-familyr residential zone. � Multifamily lot size mayr be reduced by 400 square feet for every tuck-under or underground garage. Sec. 30-1007. Accessory structures. Accessor�T structures shall compl�T with the following dimensional regulations: District Front Side Rear Ma�mum Fences Agricultural Setback Setback Setback Height (feet) Buildings feet feet) feet) feet) feet) R1: Rural 35 20 30 22� 0 � Residential R2: Traditional Single Family Residential NonseweYed 35 10 20 15� 0 100 SeweYed 30 5 5 15� 0 100 R3: Compact Single Family See Section 30-993(g) Residential R4: Multiple 30 10 10 15� 0 — Family Residential S�vimming — 0 ools3 � A ma�mum of one storyr is permitted. ' Agricultural building shall be set back 30 feet from anyT propert�T line and 50 feet from any road right-of-�vayT. 3 Swimming pools shall be setback a minimum of eight feet from the side yard and rear yard lot lines and must comply with the required front yTard setback as per this subdivision II. Swimming pools must complyT with the fencing requirements found in section 30-796. Request for Action To Item Number Ma�Tor and Ci T Council 10.2 Agenda Section Meeting Date Prepared by Work Session Februar�T 21, 2023 Chris Leeseber , Senior Planner Item Description Reviewed by Proposed Land Use, Zoning, and Ordinance Zack Carlton, Communi r Develo ment Director Amendments Reviewed by Cal Portner, Ci r Administrator Action Requested Review the proposed land use, zoning, and ordinances amendments. Due to the size and scope of the proposed changes, staff will present the information and take anyT questions. We are not seeking direcrion at this time, but will bring this item back for the March 20, 2023, Work Session for direction. Background/Discussion Council approved an update to the Comprehensive Plan in October of 2021. This update called for significant changes to the cityT's residential districts byT allo`ving additional housing tyTpes (duplexes and small townhomes) in `vhat have traditionallyT been single-familyT districts. While this change is not being proposed throughout everyT district, some residential areas could have limited small multi-familyT buildings in a single-familyT neighborhood. Additionally, staff and the Planning Commission have developed a residential district that would allow smaller single-family lots when part of a laYgeY planned subdivision. This could allow a Miske Meadows tyrpe subdivision by right, rather than through a Planned Unit Development (PUD). The Planning Commission reviewed the pYoposal over three woYk sessions. Two sessions solicited feedback and ans�vered questions, `vith the third narrowing the proposal and recommending a Council review. The Commission appreciated the additional time to digest the changes and staff is taking the same approach with Council. In Jul�r of 2022, the Commission reviewed proposed/needed zoning amendments to the Focused Area StudyT (FAS"I� as that land use designation `vas officially removed with the approval of the Comprehensive Plan in October of 2021. Properties within the FAST area `vere assigned new land use designations of Mixed Residential, Multifamily, High�va�T Business, Business Park, and Neighborhood Commercial. The current zoning of these subject properties is still FAST and should be rezoned to match their underlyTing land use. The residential rezoning recommended `vithin the FAST district is the focus of the proposed ordinance up for discussion this evening, but the changes will impact the entire city. During their December 2022 meeting, the Commission revie`ved proposed zone changes and ordinance amendments for all residential cit�T districts. The Commission, in general, was supportive of the concepts of the proposed changes during both meetings and provided staff with their direction for updates and changes. The Elk River Vision A �a�elco�ning colnlnunity 2arith Tevolutiona�y and spi�zted Tesourcefulness, excptional se�vice, and co�n�nunity engagelnent that encou�ages and in��i�espzo��e�zty. PowEnEo er ��►�'UR� Updated.• January 2023 At their JanuaryT 24, 2023, work session, the Commission had an in-depth discussion regarding the changes and, along with some additional changes, recommended moving forward `vith a review by Council. Land Use Amendments While preparing for this land use and zoning amendment process, staff identified several areas of the approved Land Use Map that require updates as theyT were incorrectlyT assigned on the 2021 land use plan. These errors, along with other proposed changes, are described on the attached exhibit titled "Land Use Map (Proposed)". Changes to note aYe as follows: ■ The Neighborhood Commercial node at Count�r Road 13 and Viking Blvd. increased in size. ■ Bo`vling alleyT site (north of Orono Park) is proposed to change from Traditional Single FamilyT Residential to Mixed Residential. • Guardian Angels on Main Street is proposed to change from MulrifamilyT to Neighborhood Commercial. ■ The area �vest of the train station is proposed to change from Neighborhood Commercial to Business Park. ■ The land south of Hwyr 10/169 and east of Kelley FaYm is pYoposed to change from Traditional Single FamilyT Residential to High�vayT Business. ■ The southeast porrion of the cityT proposed to change from Traditional Single FamilyT Residential to Rural Residential. ■ An area east of Cargill changed from Rural Residential to Agricultural. ■ All ERX land previouslyT approved under a CUP is proposed to be High`va�T Business. ■ Removed the Utilities & Railroad land use and identified those as Public/Semi-Public AdditionallyT, considering the urban service expansion studyT that the cit�T and ERMU completed and recentlyT accepted, the Commission discussed the areas proposed for utilityT expansion. Based on the financial limitations and to avoid leapfrog development, the Commission recommended removing the NW utilityT expansion areas west of the great northern traiL This would include the area that was recently reviewed by Council for a new residential subdivision. Ordinance Amendments and Zone Changes The Comprehensive Plan also points towards the crearion of a ne`v or significantlyT changed residential zoning districts. It is Yecommended to combine the R-1b, R-1c, and R-1d districts into one zoning district The diffeYence between these three districts aYe minoY lot size and setback changes. The proposed amendment, cYeating the RZ Traditional Single-Family Residential district, combines these three districts and utilizes their smallest lot size and setbacks thus minimizing legal non-conforming parcels to those that may exist todayT. The townhouse district (R3) is pYoposed to no longeY be Yecognized as an independent zoning district Townhouse uses will be absorbed into the newlyT proposed R2 and R3 districts. The current R3 performance standards will continue to be referenced for future to�vnhouse developments. E�sting properties developed prior to the adoption of this proposed amendment `vould be allo�ved to continue `vith their previouslyT established peYformance standaYds. Staff has drafted or modified language for four residential zoning districts as outlined: 1. R1 Rural Residential Drafted to reflect our current R-1a district which has a 2 1/2 acre minimum lot size without cit�T services. 2. R2 Traditional Single-Family Residential DYafted to reflect and combine our curYent R1b-d, R2a-b, & R3 districts urban service parcels. Per the Comprehensive Plan, this district also encourages a gentle increase in densityT byT allo`ving redevelopment in support of smaller multiple familyT structures. The goal is to increase housing diversinT and improve affordabilit�T within e�sting neighborhoods, similar to the Interim Use Permit on Vernon Avenue the Council approve in January- 2023. 3. R3 Compact Single-Family Residential This is a new proposed district based on our current smaller lot/PUD subdivisions such as iVliske Meadows and Tall Pines. It is anticipated that much of the cit�r's ne�� development will be of this development modeL To`vnhouses are permitted in the district but `vould be distributed throughout a project versus concentrated in one area. 4. R4 Multi-Family Residential This district is remaining the same with onlyT a title change and removing single family residential. While there are significant zone changes cittT �vide, as reviewed b�T the Planning Commission in JulyT 2022, December 2022, and January 2023, the major zone changes are identified/outlined on the exhibit titled "Zoning Map (Proposed)" as follows: ■ Combine R1b, c, & d districts into one district (notidentfed/outlined on exhil�it) ■ Amend FAST district to match e�sting zoning districts, adding clarity for the general public. ■ Brentwood changed fYom R1a to R2 (notTeguiTed to hook up to services). ■ Significant R2 expansion north of County Road 13 and east of TyrleY Street. ■ Commercial node at CountyT Road 13 and Viking Blvd was made larger. ■ Introduction of I4 RuYal Industrial east of the landfill (guided as Business PaTk). ■ R2 expansion on the west side of the cityr just north of railroad tracks. ■ Bowling alle�T site (north of Orono Park) proposed as High Density Residential. ■ Parcel south of courthouse proposed as High Density Residential. ■ Replace MU-ERP with equivalent zoning districts (B2, B4, �' C3). ■ Added all of public works property- into one district. ■ The Commission wanted to maintain the CRT district in the southeast portion of the cityT. Staff is reviewing options to rezone and codif�T man�T of our residential PUDs. Several PUDs on the proposed zoning map have been changed to reflect this, but staff conrinues to revie`v this option `vith the cityT attorneyT. Financial Impact N/A Attachments ■ Land Use Map (Proposed) ■ Land Use Map (E�sting) ■ Zoning Map (Proposed) ■ Zoning Map (E�sting) ■ Individual Zoning District Maps ■ Various Ordinance Amendments ■ Various E�sting Ordinances ■ July 26, 2022, Work Session Staff Report ■ December 20, 2022, Work Session Staff Report