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Home My WebLink About[06] Ordinance Amendment Council Agenda Item \[06\] MEETING DATE: December 5, 2016 AGENDA ITEM: Request for Zoning Ordinance 520 Text Amendments SUBMITTED BY: Community Development BOARD/COMMISSION/COMMITTEE RECOMMENDATION: Planning Commission: (4/1) recommends denying the request to add a Bed and Breakfast as a Permitted Use within the B-1 District and recommends approving amending the Zoning Ordinance to add a Bed and Breakfast (B & B) as a Conditional Use within the B-1 District and to allow owner and non-owner occupied in the B-1 District. Economic Development Authority (EDA): Initiated discussion on the proposed amendment at their th meeting on November 16. They had concerns with how allowing a B & B would affect redevelopment and that this was similar to “spot zoning” for the benefit of one property owner. They questioned this being inconsistent with the City’s Comprehensive Plan. The EDA (4/0) recommends the City Council analyze and base their decision on consistency with the Comprehensive Plan and how this will impact the surrounding properties and block. PREVIOUS COUNCIL ACTION:  2010, the City Council upon a recommendation by the Planning Commission issued a three year interim use permit (IUP) to allow a non-owner occupied rental in an existing single family home located in a B1 Central Business District without a commercial component as required for the property located at 29 Minnesota Street East.  2013, the IUP was extended for an additional three years expiring in 2016, as allowed by the B1 Zoning District.  2016 (August), a request to reissue the IUP was made by Cory Ehlert, the property owner, and the City Council granted a one year IUP, which will expire on August 14, 2017. \[The Planning Commission recommended issuance of a two year IUP\] BACKGROUND INFORMATION: Cory Ehlert has submitted a request to amend the zoning ordinance to allow a non-owner occupied Bed and Breakfast as a Permitted Use in the B-1 Central Business District. The Planning Commission held a public hearing on November 14, 2016 and a resident spoke in support of the proposed amendment. The B1 Central Business District is the City’s downtown area and permitted uses include commercial, such as restaurants, retail shops, coffee shops, and professional offices. Mixed use development is also permitted and would include street level businesses with upper level residential. The intent of the Central Business District is to encourage the continuation of a viable downtown by promoting uses dependent of high volumes of pedestrian traffic, to provide for regulation of the high intensity commercial uses located within the original core of the City. The City’s downtown offers redevelopment opportunities. Mill Stream Shops and Lofts is an example of a successful redevelopment. 24 North Lofts on College Ave is another mixed use development that has been approved with street level business and upper level residential. The City’s Comprehensive Plan identifies the downtown as a redevelopment area. A Comprehensive Plan is a guide on how the city wants to develop and redevelop so it is futuristic – forward thinking and land use decisions and zoning ordinances are to be consistent with the Comprehensive Plan. Therefore, when reviewing this request your decision should be based on future planning, including how it relates to the specific block and the entire downtown area. Analyze how your decision may affect the surrounding properties. Currently, City ordinance allows a Bed and Breakfast in the R-1 Single Family, R-2 Two Family, and R-4 Townhouse/Patio Home Residential Districts as a Conditional Use and a Bed and Breakfast is defined as follows: Bed and Breakfast: An owner occupied single family residence that provides overnight accommodations to a limited number of visitors for a charge, not to exceed a stay of seven consecutive nights. The Planning Commission asked staff to research and define the difference between an Inn from a Bed and Breakfast. Staff researched some 10 plus communities, the MN State Building Code and MN Department of Health (MDH) on the definition of an Inn. We did not find any communities that define an Inn. However, sources (Merriam-Webster, etc.) on the internet define an Inn as a small hotel and lodging and food for travelers so it could include a hotel, guest house, and bed and breakfast. On the other hand, most communities define a Bed and Breakfast. The MN State Building Code and MDH regulate a Bed and Breakfast. Staff has researched the following communities related to allowing B & B’s in their downtown district. Duluth does not allow B & B’s in their downtown district. They allow owner & non-owner B & B’s in their neighborhood type business districts but otherwise it is allowed in residential. They initially developed B & B regulations in the 1980’s and it was quite controversial. B & B’s were meant for large lots with historic homes. In Cold Spring they allow owner-occupied B & B’s in their downtown district as a Special Use. The Pillar Inn Bed & Breakfast is located in their downtown commercial district. The John Oster House and Ferdinand Peter House are located in the downtown commercial district as well. These two homes are on the National Register of Historic Places. They are not B & B’s. In Stillwater they do not allow B & B’s in their downtown. B & B’s must be owner occupied where allowed and be an historic residential structure. They are currently reviewing short term rentals. They anticipate adopting regulations allowing short term rentals but how that will be defined and where allowed has yet to be determined. In St. Cloud they do not allow B & B’s in their downtown business district. They allow B & B’s in their residential districts as a conditional use. Riverside Guest Haus is a B & B in a residential district. Heritage House, a 1904 Queen Anne Victorian and Victorian Oaks, a 1891 Second Empire are B & B’s in St. Cloud. They are on the National Register of Historic Places and located in a residential district. In Sauk Rapids they do not address B & B’s. All of the communities allow mixed use developments with street level business and upper level residential just as St. Joseph does. ATTACHMENTS: Request for City Council Action Resolution 2016-056 Amending Ordinance 520 Resolution 2016-057 Authorizing Summary Publication Ordinance 520 Comprehensive Plan, Chapter 4, Land Use, B. Redevelopment Comprehensive Plan Map 4-2 and Map 4-6A Downtown Area Maps Historic Homes and Subject Property Pictures REQUESTED COUNCIL ACTION: 1. Motion to Deny Amending Ordinance 520 as requested to allow an owner and non-owner occupied Bed and Breakfast as a Permitted Use in the B-1 District and to Approve Resolution 2016-057 Amending Ordinance 520 to allow an owner and non-owner occupied Bed and Breakfast as a Conditional Use in the B-1 District and Approve Resolution 2016-058 Authorizing Summary Publication. Or 2. Motion to Deny the Amending Ordinance 520 as requested to allow an owner and non-owner occupied Bed and Breakfast as a Permitted Use in the B-1 District. Resolution 2016 – 057 Amendment to Ordinance 520, Zoning Ordinance The City Council of the City of St. Joseph hereby ordains: That Ordinance 520, Zoning Ordinance Section 520.04 Rules and Definitions, Subd. 12., and Section 520.50 B-1: Central Business District, Subd. 3 is hereby amended as follows: Section 520.04: RULES AND DEFINITIONS Subd. 12. Bed and Breakfast. An owner or non-owner occupied single family residence that provides overnight accommodations to a limited number of visitors for a charge, not to exceed a stay of seven consecutive nights. A Bed and Breakfast in any residential zoning district must be owner occupied. Section 520.50: B-1 CENTRAL BUSINESS DISTRICT Subd. 3: Conditional Uses. The following uses shall require a Conditional Use Permit as provided for in this Ordinance. a) Bed and Breakfast b) Convenience stores, excluding fueling facilities. c) State licensed day care and nursery school facilities provided that: 1. Adequate off-street parking and loading is provided, and; 2. The facility meets all State licensing requirements pursuant to Minnesota Statutes 245A.02 and 45A.11. d) Motor vehicle service stations. e) Bars and liquor stores. f) Auto, service and repair shops. g) Mixed use of a Permitted Use and a multiple residential dwelling units; but only if at least 50% of the interior square footage (exclusive of the basement or cellar) is used full time for a Permitted Use, and said permitted and residential uses are not conflicting. The area consisting of multiple residential dwelling units must meet the standards of this Ordinance; and said residential uses occupy only the upper and/or rear portions of structures. Off-street parking requirements shall be separately determined for the commercial and residential uses in accordance with Section 520.10. h) Lodge. i) Commercial Planned Unit Developments. j) Other uses determined by the Planning Commission to be of the same character as contained in this Subdivision. This amendment is adopted this day of , 2016 and shall be effective upon publication. CITY OF ST. JOSEPH BY Rick Schultz, Mayor BY Judy Weyrens, Administrator This amendment was published on , 2016. RESOLUTION 2016-058 RESOLUTION AUTHORIZING SUMMARY PUBLICATION ORDINANCE 520 – ZONING ORDINANCE RECITALS: WHEREAS, on December 5, 2016, the City Council for the City of St. Joseph amended the text to Ordinance 520, entitled “Ordinance 520 – Zoning Ordinance”. WHEREAS, the City of St. Joseph desires to publish the Ordinance by Summary Publication; and WHEREAS, the intent of the amendments are to address changes within the zoning ordinance related to rules and definitions and the B-1 Central Business District. The ordinance amendments allow for an owner or non-owner occupied Bed and Breakfast in the B-1 District and adds a Bed and Breakfast as a Conditional Use in the B-1 District. WHEREAS, the full text of the amended Ordinance is available at the City Offices, 25 College Avenue North or on the City website, www.cityofstjoseph.com. THEREFORE, IT IS HEREBY RESOLVED: 1. The City Council has reviewed the proposed Summary Publication and finds that the summary of the Ordinance clearly informs the public of the intent and effect of the Ordinance. 2. The City of St. Joseph directs the City Administrator to publish the Ordinance by Summary Publication. Adopted this day of , 2016, by a vote of in favor and opposed. CITY OF ST. JOSEPH By ______________________________ Rick Schultz, Mayor By ______________________________ Judy Weyrens, Administrator RESOLUTION 2016-058 RESOLUTION AUTHORIZING SUMMARY PUBLICATION ORDINANCE 520 – ZONING ORDINANCE RECITALS: WHEREAS, on December 5, 2016, the City Council for the City of St. Joseph amended the text to Ordinance 520, entitled “Ordinance 520 – Zoning Ordinance”. WHEREAS, the City of St. Joseph desires to publish the Ordinance by Summary Publication; and WHEREAS, the intent of the amendments are to address changes within the zoning ordinance related to rules and definitions and the B-1 Central Business District. The ordinance amendments allow for an owner or non-owner occupied Bed and Breakfast in the B-1 District and adds a Bed and Breakfast as a Conditional Use in the B-1 District. WHEREAS, the full text of the amended Ordinance is available at the City Offices, 25 College Avenue North or on the City website, www.cityofstjoseph.com. THEREFORE, IT IS HEREBY RESOLVED: 1. The City Council has reviewed the proposed Summary Publication and finds that the summary of the Ordinance clearly informs the public of the intent and effect of the Ordinance. 2. The City of St. Joseph directs the City Administrator to publish the Ordinance by Summary Publication. Adopted this day of , 2016, by a vote of in favor and opposed. CITY OF ST. JOSEPH By ______________________________ Rick Schultz, Mayor By ______________________________ Judy Weyrens, Administrator