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5.1. PCSR 10-14-2008REQUEST FOR ACTION To Item Number Plannin Commission 5.1. Agenda Section Meeting Date Prepared by Plannin Items October 14, 2008 erem Barnhart, Plannin Mana er Item Description Reviewed by Request by City of Elk River fox Ordinance Amendment Relating to Bed & Breakfast Establishments in Residential Reviewed by Zoning Districts, Case No. OA 08-09 -Public Hearing Action Requested Staff supports a Planning Commission recommendation of approval of the Ordinance Amendment as presented. Background/Discussion In September the Planning Commission and City Council heard a request by Janet Adams to rezone a parcel on Main Street from residential to commercial, to allow her business on the property. The business is similar to a bed and breakfast, except that in addition to the typical bed and breakfast offerings, Ms. Adams' focused clientele are those that choose to use the home for crafting weekends, a popular trend where friends or family go to a location and quilt, scrapbook, or do other, similar fellowship events. Based on the discussion, the Planning Commission and City Council did not have a concern with the use, but were challenged by the need to rezone the property. Because the current ordinance requires a bed and breakfast to be owner occupied, and Ms. Adams does not plan on living in the home, the City Council directed staff to prepare an ordinance that would allow non-owner occupied bed and breakfasts, provided certain criteria were met. Financial Impact None Attachments • Draft ordinance Case Pile OA 08-09 Page 2 General Information Ordinance Amendment Janet Adams This ordinance would allow anon-owner-occupied bed and breakfast as a conditional use in all residential zones, on property with frontage on a street classified as a collector or higher rating. The collector street requirement addresses potential traffic concerns associated with a business. Analysis Staff believes the ordinance adequately addresses the Councils' direction with providing adequate safeguards for individual neighborhoods. Action Motion by Second by Vote Follow Up 5:APLANNING ~4AIN~Case Piles\pA\Ott 0$-09$ed:u~d Breakfast\PC staffrePort_doc ORDINANCE CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING THE DEFINITION OF BED AND BREAKFAST ESTABLISHMENTS AND ALLOWING NON-HOMEOWNER OCCUPIED BED AND BREAKFAST ESTABLISHMENTS IN ALL RESIDENTIAL DISTRICTS, SUBJECT TO CONDITIONS The City Council of the City of Elk River does hereby ordain as follows: S~l~,~ to be removed Underlines to be added Section 1. That the definition of Bed and Breakfast Establishment set forth in Section 30 -1 of the City of Elk River Code of Ordinances shall be amended to read as follows: Bed and Breakfast Establishment means a single-family dwelling with up to five guest rooms providing accommodations on a transient basis. The length of stay at a Bed and Breakfast Establishment is limited to one week;, breakfast is the only meal which maL served, and ~ breakfast mati only be served to registered guests-. Section 2. That Section30-991 (b)(13) of the City of Elk River Code of Ordinances shall be amended to read as follows: (13) Homeowner occupied Bed and Breakfasts Establishments shall be allowed in all residential districts as a permitted use, subject to site plan review, provided the use complies with the following criteria Section 3. That Section 30-991, of the City of Elk River Code of Ordinances shall be amended by adding thereto the following new Section 30-991 (d)(20) to read as follows: (20) Non-homeowner occupied Bed and Breakfast Establishments, located on a collector street or above, as identified in the City's Comprehensive Transportation Plan, shall be a conditional Use in all residential districts, provided the use complies with the following criteria: a. Off street parking shall be provided at a rate of one space per guest room plus those required for the single-family use. Apiggy-backed or tandem parking arrangement is permitted. b. Off street parking shall be provided on an existing driveway. c. Signage shall be limited to one freestanding sign, not to exceed four feet in height and eight square feet in size, and one wall sign not to exceed four square feet in size. Signs shall not be illuminated. s: \planning main\case files\oa\oa 08-09 bed and breakfast\bed and breakfast ordinance.doc d. The exterior appearance of the structure shall not be altered from its single-family character. e. The proposal shall comply with all building and fire code requirements. Section 4. 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 day of 20_ Stephanie Klinzing, Mayor ATTEST: Tina Allard, City Clerk s: \document\ordinance \oa97-1. doc