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5.7 PCSR 07-25-1995 r- 1 ,.\ ( ITEM NO. 5.7. MEMORANDUM -'ity of ./ JlkRiver TO: Planning Commission FROM: Gary Schmitz Planning Assistantdal DATE: July 25, 1995 SUBJECT: Ordinance Amendment request by the City of Elk River, Public Hearing Case No. OA 95-12. Request The City of Elk River has requested an Ordinance Amendment, which would allow attached garages to be located within 5 feet of side property boundaries in city-sewered single-family residential zoning districts. Analysis The City of Elk River currently requires that attached garages meet a 10-foot IIIside-yard setback in all single-family city-sewered residential zoning districts. However, detached accessory buildings in city-sewered areas are allowed within 5 feet of a side lot line. In several PUD subdivisions (ie. Deerfield 3rd & 4th, and Hillside Estates) side-yard setbacks for attached garages are allowed to extend within 5 feet of the side property line. The rationale on why this was allowed in these subdivisions, is that a 5-foot side- yard setback for attached garages would allow a homeowner flexibility when locating a home on a wooded parcel, so that an effort can be made to save as many existing trees as possible. Staff would like to implement this same reasoning on all single-family city-sewered properties. This Amendment would allow future and existing homeowners the flexibility to locate their home on the best possible location on the lot. It is important to remember that this amendment would only allow the attached garage to encroach to within 5 feet of the lot line. Habitable space of a home would still be required to meet a 10-foot setback. Attached/Detached The existing Ordinance currently allows a detached accessory structure to be placed within 5 feet of the side property line. Attached garages, however, have to meet a 10-foot side-yard setback. An argument can be made that the • land-use impact of a detached garage versus an attached garage are very similar. It is staffs opinion, that a 5-foot attached garage setback would S:Planning/0A95-12 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Memo To The Planning Commission Page 2 July 25, 1995 • allow the flexibility to place a home on the most convenient location on the property and still provide a minimum separation with the neighboring garage of 10 feet. A recent survey of several different communities shows that a 5-foot garage side-yard setback is very common in city-sewered single-family residential zoning districts. Staff is proposing to add language which would allow a 5- foot attached garage side-yard setback in the R1B, RIC, and R1D city- sewered zoning districts. Recommendation Staff recommends the Planning Commission recommend approval of the Code Amendments as proposed in the attached Ordinance. • • S:Planning/0A95-12 • ORDINANCE 95- AN ORDINANCE OF THE CITY OF ELK RIVER AN ORDINANCE AMENDING SECTION 900.18 (1) OF THE CITY OF ELK RIVE CODE OF ORDINANCES RELATING TO STRUCTURE SETBACKS (CASE NO. OA 95-12) The City Council of the City of Elk River does hereby ordain as follows: Section 1. Section 900.18 (1) of the City of Elk River Code of Ordinances is herby amended to read as follows: See attached Exhibit A Passed and adopted by the Elk River City Council this 21st day of August, 1995. • Henry A. Duitsman, Mayor Attest: Sandra A. Thackeray, City Clerk • s:do cument:or din an ce:o a9512 EXHIBIT A • 900.18 - SCHEDULE OF DIMENSIONAL REGULATIONS 1. PERMITTED USES Minimum Lot Building Setbacks Maximum Lot Maximum Requirements Front Side Garage Rear Coverage Heights Side A-1 10 Acres 50' 25' 25' 50' 20 percent 3 Floors [1] Non-Sewered 300' Width or 40' R-la Non-Sewered 2-1/2 Acres 35' 20' 20' 30' 25 percent 3 Floors 160' Width or 40' R-lb [2] Non-Sewered 1 Acre 35' 10' 10' 20' 25 percent 3 Floors 160' Width or 40' Note: Interior side yard setback from future lot line 10 feet Sewered 12,000 sq. ft. 35' 10' 5' 15' 25 percent 3 Floors 80' Width or 40' III R-ic [2] Sewered 10,000 sq. ft. 30' 10' 5' 10' 25 percent 3 Floors 80' Width or 40' R-ld Sewered 14,000 sq. ft. 35' 10' 5' 30' 25 percent 3 Floors 90' Width or 40' R-le Sewered 20,000 sq. ft. 35' 10' 10' 30' 25 percent 3 Floors 100' Width or 40' R-2a [2,3] Duplex Sewered 6,000 sq. ft. 30' 10' 10' 10' 30 percent 3 Floors 60' Width or 40' R-2b [2,3,4] Townhouse 5,500 sq. ft. 30' 10' 10' 10' 30 percent 3 Floors Sewered 20' Width or 40' R-3 [2,3,4,5] Townhouse 4,500 sq. ft. 30' 10' 10' 25' 30 percent 3 Floors • & Other Multifamily Sewered 20' Width or 40' 9 .49 EXCERPT FROM A ENVIROMENTAL QUALITY BOARD REPORT: A QUESTION OF BALANCE MANAGING GROWTH AND THE ENVIRONMENT; NOVEMBER 1993 • Population growth in I n t rod u ct i o nMinnesota averaged 7.1 • percent in the 1970s and 7.3 percent in the 1980s. Source: U.S. Census Minnesota prides itself on the quality of The study reveals a fragmented planning • Minnesota's population is its natural resources and its economic vi- and land-use management system that projected to increase 15.5 tality. Nationally prized lakes, rivers, leaves natural resources vulnerable to percent between 1990 and landscapes and recreational areas make poorly managed land-use changes. The 2020. Source:Office of the State the state an attractive place to live, work study found that there are few common Demographer and play. But population and develop- goals and mechanisms for long-term re- ment pressures are mounting in source protection. ■ The fastest growing Minnesota's most environmentally sensi- counties outside of the tive areas, and this growth can pose a To better protect Minnesota's natural en- seven-county metropolitan threat to the state's valuable natural re- dowment, policy makers must address area are projected to be sources.Decisions about land use—how problems in the following five key issue Sherburne (72 percent), land is used,changed or developed—are areas: Wright (33 percent), key to the state's natural resources. Benton (30 percent), • Cooperation and coordination: Co- Roseau (28 percent) and ordinated land-use planning and Olmsted (22 percent). Minnesota has seen nearly two decades resource protection is key to prevent- Source:Office of the State of relatively constant growth. Some areas ing growth-related pollution. There is Demographer — most notably the Twin Cities, Roch- a need for greater cooperation and ester, Winona and St. Cloud — have coordination among all units of gov- grown every decade since 1910 and are ernment. projected to continue growing. A broad swath of counties from southeastern to • Vision and planning: Poorly planned .orthwestern Minnesota is projected to or unmanaged growth can impose sig- ave above average growth through the nificant future environmental and year 2020. economic costs on local governments and the state. Minnesota's current Population growth often is associated with growing business opportunities and increased employment.At the same time, Peak Population Year: Historical and Projected however, development puts new pres- sures on land, air and water resources. New homes and industries require roads, • lik sewage treatment, police and fire protec- tion and other urban services. Poorly �t . managed growth can increase the cost ofvw community services and threaten the en- . Census Years vironment. 111111 , ❑ 1940 or Before A Question of Balance examines the en- IE 1950 or 1960 vironmental problems related to growth. allmill It is based on a study by the Environ iiiri1970 or 1980 mental Quality Board that focused on three environmentally sensitive regions r`f ® 2020 of the state and brought together demo- a graphic information, analysis of 6 governmental roles and environmental 1.11 ;� land-use data to better understand •nd rowth-related issues. Source:State Demographer I IENVIRONMENTAL QUALITY BOARD I I planning efforts are spotty and incon- intergovernmental arrangements for sistent. land-use planning and growth manage- • ment. Legislators, local officials, ■ Consistent enforcement: To be fair developers and the public must consider: and effective,environmental and land- use controls need consistent • How should authority for land-use enforcement. Mechanisms to ensure planning and regulation be distributed adequate enforcement of local land- amongcities, townships, counties, re- use controls and state environmental gions and the state? regulations are inadequate. ■ What role should the state assume in • Information and education: Plan- land-use management? ping and environmental protection require adequate information for pol- The next phase of the study, which will icy-makers and citizens. Local begin in fall of 1993,will be to work with officials and the public need a better local governments,state agencies and the understanding of the connection be- Minnesota Sustainable Development In- tween land uses and environmental itiative's Settlement Team to answer effects, as well as strategies for pre- these questions and develop policy rec- venting problems. ommendations. • Clear and integrated state policy: The lack of vision today — at all levels Local governments often rely on the of government — may have significant state for clear articulation of environ- consequences in the future. Construction mental policy and guidance on of homes,businesses,roads and other fa- environmental protection. State envi- cilities can cause measurable damage to • ronmental policies and programs, land and water resources.The effects are however, often focus on single issues long-term, costly and sometimes irre- and lack an integrated approach to re- versible. Harm caused by past and source protection. ongoing growth may not appear for years to come, burdening future generations. These issues are described in greater de- Development without planning is reck- tail at the end of this report. Yet they less and often not worth the risk. raise two important questions about the 2 A QUESTION OF BALANCE A number of local efforts are underway ground-water quality in as little as five or Wwill strengthen the growth manage- six years. t framework in the area. Crow Wing County is drafting a comprehensive plan The rapid growth in the 1970s resulted in based on the concept of sustainable de- a number of problems for local govern- velopment. The plan recognizes that ments, including poorly installed and future economic growth depends on pro- sited on-site sewage systems, increased tecting and preserving the natural stormwater runoff and loss of agricul- resources that make the area attractive. tural land. The large lot sizes and Cass and Crow Wing counties have scattered development pattern increased worked together to formulate their local the costs of providing urban services, water plans.In addition,lake associations such as sewer and water, fire protection in the area have actively promoted wise and road maintenance. land use and protected water quality. Most jurisdictions have since adopted growth management controls, ranging Mississippi Corridor Site: from comprehensive plans to innovative Growing Pains The Mississippi Corridor Site contains Mississippi Corridor Site seven cities and five townships in Sher- burne and Wright counties,straddling the Clear Lake Mississippi River. Part of the area lies Becker ElCity S I iERBURNE rW over the Anoka Sand Plain Aquifer. It is Clear Lake P COUNTY one of the fastest growing areas in the T W o - e Ctv state, with a 157 percent increase in oration since 1970. Nearly half of the Big Lake rwp. sing relies on on-site sewage systems wR,Gla" ake and individual wells. N W City Development pressure in the corridor Otsego comes from several sources. Demand is Miles Monticello Twp. City high for rural residential developments Immo Alber4ille)City on large lots, especially in the wooded areas of central Sherburne County and near the lakes in both counties. Younger Source.U.S. Census home buyers and commuters increas- ingly seek moderately priced housing on the fringe of the urban areas and in rural Mississippi Corridor Site: Population Change 1970 - 1990 areas. Proximity to major commuter routes makes such developments attrac- tive,and residents can use the services of 111 SHERBURNE nearby cities without paying higher city COUNTY taxes. High population density, rapid popula- tion growth, extensive use of on-site WRIGHT sewage systems and private wells, wide- COUNTY spread irrigated agriculture and sensitive soils all increase the risk of ground- and surface-water contamination. There al ❑ 0% to 50% dy is evidence of wells with elevated ■ 50% to 100% ate levels, attributed to irrigated agri- ■ 100% to 242% culture. Research has indicated that suburban development may affect Source:U.S.Census ENVIRONMENTAL QUALITY BOARD 9 • Population growth exceeded 12 percent for Otsego: Unplanned Growth • all 12 cities and townships since 1970. Only one city The experience of Otsego illustrates the effects of poorly managed growth. A lost population in the township until 1990, the city is struggling with the financial and environmental 1970s, and no cities or problems resulting from unplanned residential growth. townships lost population in the 1980s. Source:U.S. Before passage of the Wright County comprehensive plan in 1978, Otsego Town- Census ship was developed in a shotgun manner, with small clusters of one-and two-acre residential lots interspersed within agricultural areas. Uncontrolled development ■ Population increased poses significant financial and environmental problems for Otsego. Rapid urbani- nearly 157 percent, from zation resulted in serious flooding and drainage problems requiring the township 15,832 in 1970 to 40,713 to issue more than $450,000 in bonds to remedy these troubles. in 1990. Source:U.S. Census • Sewage treatment remains a paramount concern of local officials. The permeable ■ Housing units in the soil conditions, relatively high housing densities and proximity of wells to on-site Mississippi Corridor site sewage systems in northeast Otsego heighten the threat of ground-water contami- increased almost 50 nation. However,payments for a municipal sewage treatment system would equal percent in the 1980s. nearly a third of the city's annual budget. Sewage treatment alone would require Source: U.S. Census about a 50 percent increase in township taxes, on top of a one-time utility assess- ment. Assessments would be high, given the relatively large road frontages of the • Sherburne County one- and two-acre lots. approved an average of nearly 275 permits for new Otsego shows what can happen when growth occurs without planning or any homes every year since attempt to preserve farmland. The costs are often felt decades later. Even when 1986. The county has good planning is applied, it can be too late to check the environmental problems issued more than 700 and prevent the high costs of remedial action. building permits for new 41) homes in Big Lake Township alone since 1981. Source:Sherburne County farmland and environmental protection scarce financial resources. In addition, regulations. Disparities still exist, how- growth management and enforcement ef- ever, between the status and level of forts are often frustrated by official and planning and zoning in the area.As in the public opposition to land-use controls. Lakes site, enforcement of land-use and Public pressure to preserve development environmental protection controls varies. rights, for example, led Sherburne Enforcement is often lax because of County to scale back provisions to pro- tect agricultural land in its new land-use plan. Mississippi Corridor Site: Change in Housing Units 1980— 1990 Managing growth on the edge of urban areas is a major challenge for local gov- ❑ ernments. Poorly planned or COUNT- uncoordinated development has led to environmental problems in townships that cannot afford to correct them. Nearby cities may have the necessary re- WRCHTrrIII sources, but often are unwilling to bear couN the added cost. For example, a mobil home park that lies in the city of Mon- 00 0° ticello and Monticello Township has { 10% to 50% been cited frequently by the Minnesota 507 to 00% J % to '63% Pollution Control Agency for inadequate • and faulty sewage treatment. City and .i Source:U.S. Census township officials say that a solution is unlikely in the near future. The city is 10 A QUESTION OF BALANCE r unwilling to annex the entire park be- Population growth has varied widely in cause the cost of providing service would the area, with large increases in some too high and the township does not areas and losses in others.The most rapid ave the resources to fix the problem. growth generally has been in areas with small populations. More than 80 percent The lack of cooperation between govern- of the housing units in the area use public ments is seen as the primary barrier to sewer systems. managing growth issues on the urban fringe. Conflicts over annexation exem- plify and exacerbate the difficulties in coordinating growth management and environmental controls. At least two cit- Bluff Site ies in the site have had contentious annexation fights. Township and city of- ficials believe the adversarial process pits Winona Twp. townships against cities. They blame the c city le . state for not having a clearly defined pol- Hillsdale r Winona icy on urban fringe growth and offering wp;.." Win a few incentives for cooperation. Stockton Twp. C'y Wilson -vomer R ch and Twp. Twa. TWO. Local governments have taken a number ,C t,° ° of positive steps to manage growth in the WINONA COUNTY Dresbcc:n region.Both Wright and Sherburne coun- New "ortrard ,Twp. Two. ties have adopted density requirements to --- jilprotect farmland and guide growth to- LoCres - '' ward urban areas. Sherburne County has ',nipignated urban expansion areas, and Hou;TCN C' NrY kc -^k[:- developed ou .. developed a mechanism to encourage `Ve', !IMICD cities and towns to do joint planning and zoning for these areas. Two cities have entered into orderly annexation agree- Source:U.S.Census ments with the surrounding townships, smoothing relations and helping manage the pace of growth on the urban fringe. 1 Bluff Site: Population Change 1970 — 1990 Bluff Site: Natural Constraints The Bluff Site covers nine townships and IllitINbc. six cities in Houston and Winona coun- ties. Most of the settlements are between the Mississippi River and the blufflands, and much of the new development fol- lows valleys between the bluffs. Though the numbers of new residents and hous- WINONA COUNTY ing are not large, the effects of this growth are significant because bluffs and I— steep slopes restrict the amount of land available for development. Karst lime- FHc_tsTC•s. -cy- -,o% to o% stone bedrock with sinkholes, typical of o% to 25% ,n itheastern Minnesota, northeastern 55% 50% _a% t° 208% a, and southwestern Wisconsin, un- derlies about a third of the Bluff Site. Source:U S. Census ENVIRONMENTAL QUALITY BOARD 11 .. •• . . . . __-_-. .,.:: --_,: ownship says no tobridge, urbanization Y By Dennis Cassano aside almost 200 acres at the bridge velopment areas from the compre- their own industrial park at -the Staff Writer landing for a light industrial park. hensive plan it is writing. But last bridge landing, but the township's Dahlke's ticketmates, Paul Nasvik week the committee rejected the debate stalled their plans. Inspired by the prospect of a new and Scot Fogelberg, defeated their directive and decided to discuss the bridge over the St. Croix River link- opponents with 76 and 70 percent, issue further. Whatever the commit- They also are moving their home-- ing the Twin Cities with St. Joseph respectively.Nearly 80 percent of the tee's recommendation will be, the from White Bear Lake to St.Josepi3: Township,Wis.,the hopeful develop- voters approved an antidevelopment board will have the final say. The cost of land, taxes and expense er stood in Lloyd Dahlke's yard and statement in an advisory referendum. for their home and business will:be. asked how much he wants for his But Deborah Morken thinks the"fi- less,they said. vqm.. 370-acre farm. The election results were a stark nal say" will be transitory. She and t ix punctuation of a long-simmering de- her husband,Tom, own a metal fab- They already have a potential cfis:" Dahlke told him he had stopped at bate in the township of an estimated rication business with plants in Still- tomer for an industrial park in t* the wrong farm. About a month be- 3,000 people, which has added 400 water and North St. Paul and an Joseph. Thomas Giebel, owner of iv fore the man's April visit, Dahlke residents since the 1990 census. The office in Maplewood. They are mov- robotics manufacturing firm in Oak-,c led a three-man antidevelopment census showed that nearly 70 percent • ing the whole operation to Somerset, dale, also is considering a more," ticket that swept the Township Board of its workers cross the St. Croix Wis., this fall, where they are con- "That bridge is an open invitation'•'•• election..? every day to work in Washington, structing an$800,000 building in the he said. "Companies will fly acro s Ramsey and Hennepin counties. industrial park there. that bridge." 11:4 Capturing 63 percent of the vote, he defeated Bob Orf, a board member But the debate continues.The Town- They wanted to move to the Houlton . Township continued on page 3B `''� who sat on a committee that had ship Board recently told its Planning area and have a purchase option on a +Ey,' recommended that the township set Committee to remove industrial de- 70-acre parcel so they could develop - ,,r y •szv+.se • ... Township High hopes for new bridge . Continued from page Residents in St.Joseph Township,Wis.,are planning for the future once er r. new bridge improves the road links between Minnesota and Wisconsirr. Orf and the township's Industrial De- Some want to take advantage of the new span and roadways to encouge velopment Committee thinks that is industrial growth,while others would opt for resira dential development. welcome news because the township !needs to broaden its tax base to help ,':?°°.,..'i , keep taxes from rising rapidly. He '// said that he knows that industrial MINNESOTA ss �v WIS. •development will not lower taxes, but that it should slow the increases that will be needed to build schools � Stillwater ' t 5th for children of families moving into Township �` �;� St. the township. Existing V as lift bridge of`° say New Hwy.64) Orf said the newcomers oppose in- dustrial development, but the split " "! Houlton Detween farmers and those with ex- Hwy.36 to be ® , "' C� pensive suburban houses on 3-acre upgraded from St.Joseph Township lots is not well-defined. Dahlke, 60, County Rd.5 Also was born and raised on the farm 15, to Hwy.95 5 '� he operates just south of the pro- Proposed posed industrial park, a Stillwater as\ industrial park site Wash.Greeley Osgood His farm sweeps in rolling hills from St. St. Av. 1 _c, P Hwy. 35 to the horizon in a way that l_.11._J A Proposed 'would make developers drool. But, //"�"""(r"'"T�""""ii bridge he said, "You don't farm because //// s� there's money in it. You farm beOak Park Heights cause of the love of the land." Star Tribune Graphic III Most people want to keep the area as The Morkens are hanging onto their bridge going up. St. Joe is going to it is, he said. The others want to option to buy and their plans for have to work through its growing develop the township"too much,too developing a park for light industry. pains. It is not going to be able to fast,"he said. stop the growth. We're a little ahead Deborah Morken said she thinks the of our time, but [industrial develop Developers, he said, "are circling township "won't deal with the [de- ment]will come.We will wait." around us like vultures." velopment] issue until they see the