6.1. SR 10-20-2008REQUEST FOR ACTION
To Item Number
Ci Council 6.1.
Agenda Section Meeting Date Prepared by
Communi Develo ment October 20, 2008 erem Barnhart, Plannin Mana er
Item Description Reviewed by
Request Approval of Ordinance Amendment Relating to Bed &
Breakfast Establishments in Residential Zoning Districts, Case Reviewed by
No. OA 08-09 -Public Hearing
Action Requested
Staff and the Planning Commission recommend approval of ordinance amendment as presented.
Summary
The Ordinance is based on direction given by the City Council at the September 15 meeting, and has
been reviewed by the City Attorney.
The ordinance allows bed and breakfasts in all residential districts, given certain conditions. Owner
occupied Bed and Breakfast's (B&B's) are a permitted use in all districts, and non owner occupied B&B's
are a conditional use, with conditions. All B&B's involve a formal review of the site plan to ensure
appropriate parking, signage, exterior modifications, access, etc.
Planning Commission Discussion
The Planning Commission, recalling the previous discussion, did not have a concern with the proposed
ordinance. The Commission questioned the need to identify health requirements, as well as hours of
operation. Staff responded that these issues are part of a typical Conditional Use Permit review.
Public Comment
The Planning Commission held a public hearing on October 14, 2008. No comments were received in
support or opposition to the request. Ms. Adams was in attendance to offer any additional information
requested by the Commission.
Attachments
• Staff Report to Planning Commission dated October 14, 2008.
• Ordinance
Action Motion by Second by Vote
Follow Up
S:APLANNING MAIN\Case Files\OA\OA 08-09 Bed and Bceal~ast\CC staff report 10-20-08.doc
REQUEST FOR ACTION
To Item Number
Plannin Commission 5.1.
Agenda Section Meeting Date Prepared by
Plannin Items October 14, 2008 exem 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 axe 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 File 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.
ACtlon Motion by Second by Vote
Follow Up
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ORDINANCE 08-
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING THE
DEFINITION OF BED AND BREAKFAST ESTABLISHMENTS AN®
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:
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
m~~ be served, and i~-eel breakfast matey be served to registered guests-may.
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
requited 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:\ordinances\bed and breakfast ordinance.doc^:`~'^~~~^^ ~^^~^`^•~~~^ ~'~'~"`^^\~a-0€~-A~-k~c'd-anal bre€~kfas#t-
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 20th day of
October, 2008.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
s:\document\ordinance\oa97-l.doc