5.4. SR 04-16-2007
City of Elk River Item Number
REQUEST FOR CITY COUNCIL ACTION 5.4.
Agenda Section Meeting Date Prepared by
Community Development April 16, 2006 Chris Leeseberg, Park
Planner
Item Description Reviewed by
Request by City of Elk River for Ordinance Amendment to Jeremy Barnhart, Planning
Section 30-1006, Dimensional Regulations - to revise the Manager
minimum lot size for the R2(a) Zoning District, Case No. OA
07 -04 - Public Hearing n
MN Statute 15.99 (60 day rule) Status: The ordinance amendment application has
been deemed complete as of February 28, 2007 and the City must approve or deny the project
by April 30, 2007. The zone change application that is pending needs to be acted on by the
May 21, 2007 City Council meeting.
Location
R2(a) Properties
Introduction
The City is requesting an Ordinance Amendment to revise the minimum lot size for the R2(a)
Zoning District.
Attachments
· Request for Action
· Location Map
· Zoning Map of the Area
· Aerials
· Zoning Comparison Chart
· Ordinance No._
Action Requested
Staff and the Planning Commission recommend the City Council approve the request.
City Council Action
Motion by _
Second by _
Vote
Follow Up
Case File: OA 07-04
Page 2
Ordinance Amendment
City of Elk River
General Information
Applicant:
Requested Action
Location and Size:
City of Elk River
Ordinance Amendment
N/A
Background
A property owner in the subject area has an open application for a Zone Change, which is the
catalyst for this Ordinance Amendment request. The property in the Zone Change request is a
result of a previous lot line adjustment. The lot was at one time two individual lots that were the
same size as the neighboring properties. In the past the lot line was removed between the two
properties and the lots were combined into one. The property owner's desire is to subdivide the
130-foot lot back into two lots, which would create a new buildable lot. With the current zoning
and the minimum lot frontage requirement, the current lot is not wide enough to create the two lots.
The property is zoned R2(a) with an 80-foot minimum width requirement. If it were zoned R2(b),
which has a frontage requirement of 60-feet, the property could be divided.
Staff has not identified any issues with the lot being split, as the newly created lot is consistent with
the character of the neighborhood. The issue that would be raised, with the original request, is the
practice of spot zoning. This practice is not typically supported by staff or the Council. After
reviewing the Zone Change request, staff realized that a majority of the lots in the R2(a) zoning
district are non-conforming. It was with this knowledge that staff recommended the applicant
postpone his Zone Change request to May 8, 2007 Planning Commission meeting to allow the City
explore an Ordinance Amendment for the area. The applicant agreed to this.
Overview
As a result of the aforementioned Zone Change request, this Ordinance Amendment request was
brought before the City Council on February 20, 2007 for direction. The Council questioned if the
request was premature, given the possibility of redevelopment in the area. The Council wanted
feedback from the HRA in regards to the request. At their March 5, 2007 meeting, the HRA stated
they would prefer to see an Ordinance Amendment over a Zone Change to the properties.
Analysis
The primary "subject area" is approximately 345-feet wide, east of J ackson Avenue, north of 5th
Street and south of School Street. Although this request began with a Zone Change request in the
"subject area", this Ordinance Amendment would affect each lot in the R2(a) zoning district.
The "subject area" is currently zoned R2(a) with a single-family frontage requirement of 80-feet and
a lot size requirement of 10,000 square feet. The properties in the subject area range in width from
approximately 34-feet to 130-feet. In order to comply with the current zoning requirements, each
single-family lot must have 80-feet of frontage. There are 20 properties north of 5th Street to
School Street, of which only three meet the minimum lot widths. These three lots are wider than
S:\PLANNING\Case Files\OA \OA 07-04 R2A Lot Sizes\OA 07-04_CC.doc
Case File: OA 07-04
Page 3
Ordinance Amendment
City of Elk River
120:..feet. These three lots appear to have been combined in the past. With the current lot
dimension requirements, seventeen of the properties are non-conforming lots. Throughout the City,
there are approximately 50 other lots of this nature. The proposed change would not create more
nonconforming lots, but will reduce the number of non-conforming lots.'
The only difference, other than the dimensional requirements, between the two zoning districts is
that the R2(b) district allows townhouses and multifamily dwellings (four units per structUre
maximum), where the R2(a) does not.
Staff is recommending that the R2(a) zoning district lot sizes for single-family lots change to 6,000
square feet and the lot width change to 60-feet. With theses changes, single-family lots in both the
R2(a) and R2(b) zoning district would be the same. This request appears to bring most of the non-
conforming lots within the city into conformity. It would also maintain the intent of the R2(a)
zoning district by not allowing townhome structures.
Comprehensive Plan
The Comprehensive Plan guides this area as Old Town which is the home for a wide range of
housing. The Plan seeks to protect and promote the maintenance of the single family
neighborhoods. The majority of the existing high density housing is located in the Old Town area.
Planning Commission Action
The Planning Commission unanimously recommended approval of the request.
Recommendation
Staff and the Planning Commission recommend the City Council approve the Ordinance
Amendment with the following changes:
1. The. R2(a) minimum lot size shall be 6,000 square feet
2. The R2(a) minimum lot width shall be 60-feet
3. Add to R2(b) "100' width on corner lots"
Respectfully Submitted
Chris Leeseberg
Park Planner / Planner
S:\PLANNING\Case Files\OA \OA 07-04 R2A Lot Sizes\OA 07-04_CC.doc
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Lot Size
Width
Permitted Uses
Accessory Uses
CUP's
R2-A
10,000
80- feet
Single Family
Two Famil
State-Licensed Residential
Model Homes
Public Parks
Permitted Home Occu
Single Family
Two Famil
S ta te- Licensed Residential
Model Homes
Public Parks
Permitted Home Occu
Public Shelters
Gara es and Sheds
Private Recreation Facilities
Signs
Conditional Home Occupations
Metal skinned Buildin s
Institutional Uses
Government Uses
Licensed Da Care w/13 or more
Zero Lot Line
Manufactured home parks
Public Shelters
Gara es and Sheds
Private Recreation Facilities
Signs
Conditional Home Occupations
Metal skinned Buildin s
Institutional Uses
Government Uses
Licensed Da Care w/13 or more
Zero Lot Line
Manufactured home parks
ORDINANCE 07 -
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 30-1006 "PRINCIPAL STRUCTURES"
OF THE CITY CODE OF ORDINANCES
Case No. OA 07-04
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 30-1006 titled "Principal Structures" of the City of Elk River Code of Ordinances
shall be amended by amending the following:
~uilding Setbacks
Minimum Lot Front Side Garage Rear Maximum Maximum
Requirements (feet) (feet) Side (feet) Lot Height
(feet) Coverage
R-la:
N onsewered 2 1/2 acres 35 20 20 30 250/0 3 floors or
160' width 40'
R-lb:
N onsewered 1 acre 35 10 5 25 250/0 3 floors or
160' width 40'
Note: Interior side yard setback from future lot line 10 feet.
12,000 sq. ft.
Sewered 80' width 5 25 250/0 3 floors or
100' width corner lot 35 10 40'
135' depth
R-lc:
11,000 sq. ft.
Sewered 80' width 5 20 250/0 3 floors or
100' width corner lot 30 10 40'
130' depth
10 acres 5 20 250/0 3 floors or
N onsewered 1 300' width 30 10 40'
R-ld:
14,000 sq. ft.
Sewered 90' width 5 30 250/0 3 floors or
110' width corner lot 35 10 40'
140'depth
10 acres 5 30 250/0 3 floors or
N onsewered 1 300' width 35 10 40'
R-2a:
10,000 sq. ft. 3 floors or
Single-family Duplex 6..000 sq. ft. 30 10 10 250/0 40'
80' 9vidth
60' width
100' width on corner lots .".,
Duplex sewered 6,000 sq. ft. 30 10 10 10 300/0 3 floors or
60' width 40'
R-2b:
6,000 sq. ft. 3 floors or
Single- family Duplex 60' width 30 10 10 40'
100' width on corner lots
Townhouse sewered 5,500 sq. ft. 30 10 10 10 300/0 3 floors or
20' width 40'
R-3:
12,000 sq. ft.
Single- family 80' width 30 10 5 30
100' width on corner lots
Duplexes 6,000 sq. ft. 30 10 10 3 floors or
60' width 40'
Triplex,
quadraminimum,
townhome or
condominimum
dwellings 4
R-4:
10,000 sq. ft. 3 floors or
Single-Family 80' width 30 10 10 250/0 40'
100' width on corner lot
Duplex 6,000 sq. ft. 30 10 10 3 floors or
60' width 40'
Townhouse and other multifamily 4,000 sq. ft. 30 10 25 300/0 3 floors or
(not apartments) sewered 2 20' width 40'
Apartment sewered 3 2,500 sq. ft. per unit 30 10 25 400/0 4 floors or
(efficiency) 50'
3,000 sq. ft. per unit (1 30 10 25 400/0 4 floors or
bedroom) 50'
3,500 sq. ft. per unit (2 30 10 25 400/0 4 floors or
bedrooms) 50'
4,000 sq. ft. per unit (3 or 30 10 25 400/0 4 floors or
more bedrooms) 50'
1 Four lots per 40-acre maximum, with 2 1/2-acre minimum and one curb cut.
2 Side and rear setbacks are increased to 30 feet where the lot abuts a single-family residential zone.
3 Multifamily lot size may be reduced by 400 square feet for every tuck-under or underground garage.
4 Development standards for triplex, quadraminimum, townhome, or condominium dwellings are as follows:
(1) Lot area: 20,000 square feet for triplex or quadraminium dwellings.
Townhome or condominium unit lots shall have sufficient area to include within the individual lot the living areas
(including bay or bow windows), a garage, decks, patios, or porches of the individual dwelling units.
(2) Lot Width: Base lot width: 100 feet for triplex or quadraminium dwellings.
Townhome or condominium unit: 28 feet for end dwellings; 24 feet for internal dwellings located in buildings containing
more than four units.
(3) Setbacks, yard:
30 feet at the perihery of the development parcel for yards bordering major collector or arterial streets, an additional 20 feet
of setback is required to provide a landscaped buffer yard.
(4) Setbacks, building.
S:\PLANNING\Case Files\OA \OA 07-04 R2A Lot Sizes\Final Ordinance. doc
Setbacks between buildings shall be 25 feet or one-half the sum of the building heights of the two adjoining buildings,
whichever is greater.
Buildings shall be set back a minimum of 30 feet from the back of the curbline of private drives, guest parking areas and
public rights-of-way.
(Code 1982, ~ 900.18(1))
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 16th day of
April, 2007.
Attest:
Stephanie I<linzing
Mayor
Tina Allard
City Clerk
S:\PLANNING\Case Files\OA \OA 07-04 R2A Lot Sizes\Final Ordinance.doc