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Home My WebLink About[08b] Ordinance Amendment - R1/R2 Interim UseC~I'3i OF 8T. J[lS1:PH Council Agenda Item MEETING DATE: February 21, 2008 AGENDA ITEM: Ordinance Amendment - R1/R2 .Interim Use SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission conducted a public hearing on February 4, 2008 to consider an amendment to 52.27, R1 Single Family and R2, Two Family. The proposed amendment will require all fee owners to reside at the property if they wish to secure a rental license and the maximum number of fee owners is two. The Ordinance Amendment also clarifies that a purchase agreement is not proof of ownership. PREVIOUS COUNCIL ACTION: The City Council accepted the recommendation of the Planning Commission and placed a moratorium on rental licenses in a R1 Zoning District for 90 days and later extended the moratorium an additional 90 days based on the recommendation of Planning Commission. BACKGROUND INFORMATION: In September 2007, the Planning Commission discussed the blending of rental units in R1 Zoning Districts and questioned whether or not the current process for Owner Occupied was an effective means of managing rental units. Therefore, the Planning Commission requested the City Council place a 90 moratorium on rental units in R1 neighborhoods. The moratorium would allow the Planning Commission an opportunity to review the current rental process and research alternative methods. The City Council in September accepted the recommendation of the Planning Commission and placed a 90 day moratorium on the same. The notice was then published on October 19 at which time it became effective. During this time the Planning Carnmission discussed the Interim Use Permit process and the problems that have occurred. The current Ordinance allows rental in R1 Zoning Districts only through the issuance of Interim Use Permits and requires the property owner living at the residence be at least 50% fee owner. Staff presented the following concerns with the current Ordinance: Proof of Ownership: Applicants are. allowed to make application for an Interim Use Permit using a Purchase Agreement as the ownership document. When the sale is recorded the ownership can change. In addition, nothing prevents a property owner from filing new documents once the Interim Use Permit is granted changing ownership. Intent of Ordinance: When the Ordinance was changed to require the owner to live at the property, it was intended for the person that needed to have someone help pay the mortgage. The licenses the City has seen are College related with parents and students purchasing homes and wanting three to five tenants. The property is then sold to another set of students and the rental. continues. Meanwhile we still have some of the same issues, lawns not being kept, parking concerns and general maintenance of the property. • The Ordinance that controls licensing, Ordinance 55, is outdated and does not reflect the current practices. It was recommended by the staff that at the same time as looking at the provision in the R1 zoning district, Ordinance 55 should be updated. Staff provided the Planning Commission with the City of Northfields revised Ordinance which dealt with livability standards and defined how houses could be used as rental units. The Planning Commission agreed to update Ordinance 55 at the same time as reviewing the R1 Zoning District. In December the Planning Commission requested the Council extend the moratorium an additional 90 days and the Council accepted the recommendation. The Planning Commission has finished reviewing the R1 Zoning District and is recommending the Council amend the R1 and R2 Zoning District to change the 50% ownership requirement for owner occupied to all fee owners must reside at the property as his/her principal residence and their cannot be more than two owners. In addition, the annual review of the Interim Use Permit will require the property owner to provide a recorded document indicating that they are in fact the owner of the property. The Ordinance amendment will also include language that prohibits the use of a purchase agreement for proof of ownership. With regard to Ordinance 55, the Planning Commission has finished reviewing and updating and will be accepting input before the public hearing from landlords. The City Office staff will be mailing a notice to all the rental license holders about the increasing fees and will also include language about the proposed Ordinance update. As soon as we have finalized draft, we will forward to the City Council for review and comment as well BUDGET/FISCAL IMPACT: ATTACHMENTS: Ordinance Amendments REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the Amendment to Ordinance 52.27, R1 Single Family and 52.28, R2 Two Family and cause the same to be published. Jr' crrx of Kr xUShvH MEETING DATE: AGENDA ITEM: SUBMITTED BY: STAFF RECOMMENDATION: Planning Commission Agenda Item February 4, 2008 Public Hearing -Ordinance Amendments a) 52.27 Rl Single Family b) 52.28 R2 Two Family c) 52.11 Signs Administration Adopt the amendments as presented PREVIOUS PLANNING COMMISSION ACTION: The Planning Commission has been meeting over the past months to discuss rental in the Rl Zoning District and placed a moratorium on rental licenses until the study is complete. At the last Planning Commission meeting, the Commission agreed to amend the Rl and R2 Zoning District with regard to Interim Use Permits. BACKGROUND INFORMATION: The proposed amendment removes that 50% fee ownership and replaced it with language that requires all owners of the property to reside at the residence as their principal residence. The amendment further requires that owner occupied rental units must verify ownership annually with a recorded document. With the Ordinance Amendment complete, the Planning Commission should also recommend the Council lift the Rl Rental Moratorium after they consider the recommendation of the Planning Commission. The Sign Ordinance amendment relates specifically to the ballpark signs. The current Ordinance prohibits signs in outfields. The recreation association is requesting authorization to sell advertising along the outfield. The Park Board has reviewed the proposed Ordinance Amendment and have recommended approval. The only concern of the Park Board is the type of advertising that will be allowed. The City cannot control the type of advertising through the Ordinance; however, since the City is the property owner, that issue can be addressed through an amendment to the Recreation Association lease. ATTACHMENTS: Hearing Notice; Ordinance Amendments 52.27; 52.28; 52.11 REQUESTED PLANNING COMMISSION ACTION: Adopt the Amendments as presented and recommend Council approval. CITY OF ST. JOSEPH WWW.CICyOf stjoseph.com Public Hearing City of St. Joseph The Planning Commission for the City of St. Joseph will be conducting a public hearing on ~udy Weyrens Monday, February 4, 2008 at 7:00 PM. The purpose of the hearing is to consider Administrator amendments to the following Ordinances: 52.27 Subd 5: R1, Single Family -Clarification of Interim Use Permits Mayor 52.28 Subd 2: R2, Two Family -Clarification of Interim Use Permits AI Rassier 52.11 Signs -Clarification on Advertising Signs Councilors The full texts of the amendments are available at the City Offices or on the City website: Steve Frank www•ci , ofst~oseph.com. All persons wishing to be heard will be heard and oral testimony is limited to five minutes. Written testimony should be mailed to the City of St. Joseph; PO Rick Schultz Box 668; St. Joseph MN 56374. Renee Symanietz Dale ~U' ick Judy Weyrens Administrator Publish: January 24, 2008 zs .College Avenue North PO Box 668 Saint ~oseph, Minnesota 56374 Phone 3z,o.363.7aoi Fax 3zo.363.o34Z AMENDMENT TO ORDINANCE 52 ZONING ORDINANCE REGARDING R-1 SINGLE FAMILY RESIDENCE DISTRICT The Council of the City of St. Joseph hereby ordains: That Ordinance 52.27 is amended as follows: "Subd. 5: Interim Uses. The following are Interim Uses allowed by permit based upon the procedures and criteria set forth in Section 52.07.04 of this Code. a) Residential rental, provided the unit is owner-occupied and provided the room(s) rented does not contain separate kitchen facilities and is not intended for use as an independent residence. For purposes of establishing if the property is owner occupied, the owner must be a natural person, and all owners must occupy the property as their principal residence. The owners may not exceed two in number. For purposes of determining ownership, the owner/owners must provide a copy of a recorded deed or recorded contract for deed. A purchase agreement will not be accepted as evidence of ownership. In addition, C'. Meet all applicable rental codes as outlined in St. Joseph Ordinance 55 and (:)rdinance 55.06 Subd. 1. This amendment is adopted the be effective upon publication. This amendment was published on day of , 2008, and shall CITY OF ST. JOSEPH BY. Alan Rassier, Mayor By Judy Weyrens, Administrator/Clerk 2008. L:\CITY\sTJOE\2007 AMENDMENT TO ORDINANCE 52 ZONING ORDINANCE REGARDING R-2 TWO FAMILY RESIDENCE DISTRICT The Council of the City of St. Joseph hereby ordains: That Ordinance 52.28 is amended as follows: "Subd. 2: Permitted Uses. a) Single family dwellings, owner occupied (as defined in Section 52.27, Subd. 3(1). b) Two family dwellings, owner occupied. For the purpose of determining if the property is owner occupied, the owner must be a natural person, and all the owners must occupy the property as their principal residence. This amendment is adopted the day of , 2008, and shall be effective upon publication. CITY OF ST. JOSEPH Alan Rassier, Mayor By Judy Weyrens, Administrator/Clerk By This amendment was published on , 2008. L:\CITY\STJOE\2007 AMENDMENT TO ORDINANCE 52 ZONING ORDINANCE REGARDING R-1 SINGLE FAMILY RESIDENCE DISTRICT The Council of the City of St. Joseph hereby ordains: That Ordinance 52.27 is amended as follows: "Subd. 5: Interim Uses. The following are Interim Uses allowed by permit based upon the procedures and criteria set forth in Section 52.07.04 of this Code. a) Residential rental,, provided the unit is owner-occupied and provided the room(s) rented does not contain separate kitchen facilities and is not intended for use as an independent residence. For purposes of establishing if the property is owner occupied, the owner must be a natural person1 and all the-owners must occupying the property as theirs principal residence_ •~+ ,, e ~.,,,,a,.oa ° The owners may not exceed two in number. For purposes of determining ownership, the owner/owners must rp ovide a copy of a recorded deed or recorded contract for deed. A purchase agreement will not be accepted as evidence of ownership In addition, This amendment is adopted the day of , 2008, and shall be effective upon publication. CITY OF ST. JOSEPH BY. BY. Alan Rassier, Mayor Judy Weyrens, Administrator/Clerk This amendment-was published on , 2008. L:\CITY\STJOE\2007 AMENDMENT TO ORDINANCE 52 ZONING ORDINANCE REGARDING R-2 TWO FAMILY RESIDENCE DISTRICT The Council of the City of St. Joseph hereby ordains: That Ordinance 52.28 is amended as follows: "Subd. Z: Permitted Uses. a) Single family dwellings, owner occupied (as defined in Section 52.27, Subd. 3(1). b) Two family dwellings, owner occupied. The _ ..__°__ _°~=a;~az~~h~-T r r .7 o j ~ i ry Zal--rl csa rlpLr. For the purpose of determinin ig 'f the pro,~erty is owner occupied the owner must be a naturalperson, and all the owners must occuny the property_as their principal residence. This amendment is adopted the day of , 2008, and shall be effective upon publication. CITY OF ST. JOSEPH By Alan Rassier, Mayor By Judy Weyrens, Administrator/Clerk This amendment was published on , 2008. L:\CITY\STJOE\2007