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ITEMS 5.6. & 5.7.
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ik 1' River MEMORANDUM
TO: Planning Commission
FROM: Scott Harlicker, Planning Assistant,
DATE: April 23, 1996
SUBJECT: Request for Ordinance Amendments
by the City of Elk River, Public Hearing
Case No.'s OA 96-5 and OA 96-6
Issue
Consider a request by the City of Elk River to amend Section 900.12, Section
900.18 and Section 908.06 of the City of Elk River Code of Ordinances relating
to permitted and conditional uses in the agricultural and single family
residential zones, dimensional regulations for accessory uses and setbacks for
stables, barns and agricultural fences.
IIIAttachments
• Statement of purpose for the agricultural district and the single family rural
residential district
• Ordinance 96 -
Background
Because of Elk River's mix of farms, large single family lots, existing farms in
residential zones and single family lots in the agricultural zone, the keeping of
agricultural animals, such as horses, is an issue that has received much debate.
The keeping of agricultural animals been a traditional use in most of Elk River
for many years. Because the outlying areas of the City were relatively
undeveloped, it occurred with minimal impact on neighboring property owners.
However, as residential development took place, concerns grew regarding the
impact that agricultural animals would have on adjacent residences.
In 1990, in response to a focus study the City had contracted, the City Ordinance
was amended so that agricultural uses in the A-1 zone and Rla zone would be a
permitted use if on more than 10 unplatted acres and a conditional use on less
• than 10 acres or if the property had been platted. Agricultural uses in the urban
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Memo to Planning Commission/0A96-5, OA 96-6 Page 2
April 23, 1996
single family residential districts (ie. Rib, Ric, Rid) would be allowed only as a
IIconditional use on more than 10 unplatted acres.
Further amendments were approved in 1992 in response to a request to raise
ostriches in the agricultural zone. The amendments adopted in 1992 are
reflected in the current Ordinance. The current regulations state that
agricultural uses in the A-1 and Rla zone are a permitted use if on five or more
unplatted acres, a conditional use on less than five acres or if the property has
been platted and in the other single family residential districts allowed only as a
conditional use on more than 10 unplatted acres.
At the March 26, 1996 Planning Commission meeting, the Commission
discussed an application for variance from the 300 foot required setback between
agricultural buildings and adjacent residences and a conditional use permit to
have a horse. The applicant, the Kowalzeks, had constructed a metal building on
their lot that was initially going to be used as a storage building and conformed
to the setback requirements for an accessory structure. At the time they built
the pole barn there was no neighboring dwelling that they had to be 300 feet
from. After the building was completed, they decided to use it to stable a horse.
In the mean time, the neighbor to the west built a house within 300 feet of the
pole barn and thus triggered the need for the Kowalzeks to request a variance to
have an agricultural building within 300 feet of an adjacent dwelling. As a
• result of this application, the following issues were raised:
• the point was made that it is unfair to hold property owners accountable to a
setback requirement from something that they have no control over; it would
seem more fair and logical to establish setback requirements from a fixed and
known point, such as a property line;
• the size of the setback and the need to have different setbacks for animals
being enclosed by a fence and those in a structure;
• the issue of lot size and the need to make a distinction between platted and
unplatted property.
Analysis
Setback requirements
The current method of measuring the setback of an agricultural building from
an adjacent residential structure can causes problems. It does not allow a
property owner to plan out or phase development of their property regarding
placement of an agricultural building and fence. Their plans hinge on where
• their neighbor places their house or constructs an addition. By measuring the
setback from a fixed point, like principle structures and other accessory
s:\planning\scott\aguses.doc
Memo to Planning Commission/0A96-5, OA 96-6 Page 3
April 23, 1996
• structures are, the uncertainty of not knowing if they will be able to complete
their plans is removed.
The current setback requirements are 300 feet for agricultural structures and
200 feet for livestock fences. It is not clear why different setbacks were
established. The following is a list of what other cities require for setbacks:
• Ham Lake - 60' setback from road right-of-way and 20 ` setback from side
property line for stables and fences;
• Chanhassen - 100' setback from adjacent residence for structures,
agricultural fences are subject to the normal setbacks applicable to all fences;
• Ramsey - 75' setback from property line for barns or stables, agricultural
fences are subject to the normal setbacks applicable to all fences;
• Apple Valley - 50' setback from the lot line for structures, agricultural fences
are subject to the normal setbacks applicable to all fences;
• Prior Lake - 100' setback from lot line for accessory farm structures,
agricultural fences are subject to the normal setbacks applicable to all fences;
• Lakeville - 100' setback from adjacent residence for pens or agricultural
buildings;
• Savage - 30' setback from the road right-of-way and 60' setback along
property lines for structures, agricultural fences are subject to the normal
setbacks applicable to all fences.
• Of the seven cities listed above, Lakeville and Chanhassen measure setbacks
from adjacent residences, the remaining five cities measure the setback from
property lines. Two of the cities surveyed, Lakeville and Ham Lake, have a
setback requirement for agricultural fences which are the same as those
required for agricultural buildings, the remaining five cities did not have
separate setbacks that applied to agricultural fences. In no case did the setback
requirement come close to the 300 foot setback required by Elk River. Prior Lake
had the largest setback at 100 feet measured from the property line, and Ham
Lake had the smallest setback at 20 feet measured from the property line.
Platted vs unplatted property
The current Ordinance has two criteria that are used to determine if an
agricultural use is a permitted use or a conditional use, size of the property and
whether the property is platted or unplatted. In the A-1 and Rla zones, the
minimum lot size required to have agricultural activity (ie. horses) as a
permitted use is five acres on unplatted property. If the property is platted, no
matter how large the lot is, agricultural uses require a conditional use. In the
other single family residential zones, agricultural uses are only allowed as a
conditional use on 10 unplatted acres.
•
s:\planning\scott\aguses.doc
Memo to Planning Commission/0A96-5, OA 96-6 Page 4
April 23, 1996
This can result is some very unusual situations. In the A-1 zone, where the
40 minimum lot size is ten acres, a person could have a 10 to 15 acre platted parcel
and still be required to obtain a conditional use to have horses and the neighbor,
with only 5.5 acres of unplatted property, could have horses as a permitted use.
To a lesser extent, the same type of situation could also happen the Ma zone;
two neighbors could have similar sized parcels and if one is platted and the
other is not, the unplatted lot could have a horse as a permitted use and the
platted lot would require a conditional use permit.
In order to address the issues of measuring the setback from adjacent residential
structures, the size of the setback, the different setbacks for agricultural
buildings and fences and the requirement that any platted property require a
conditional use permit staff is suggesting the following:
• eliminate the different setbacks for agricultural buildings and fences and
establish one setback for both based on what the property is zoned;
• establish a minimum setback that is measured from the property line and
not the neighboring dwelling;
• eliminate the need for a conditional use permit for agricultural uses on
platted property and base the requirement only on a minimum lot size.
Recommendation
• In order to implement the above suggestions, staff is recommending the
Planning Commission approve the code amendments as presented in the
attached ordinance. In summary, the main points in the ordinance are:
• Agricultural uses as a permitted use in the Al and Rla districts on lots 5
acres or larger;
• Agricultural use as a conditional use in the Al and Rla districts on lots
smaller than 5 acres;
• Agricultural uses only as a conditional use in the R1b, R1c, Rid and Rle
districts on lots 10 acres or larger;
• Setbacks for agricultural buildings and agricultural fences will be measured
from the property line and the same setback will apply to both agricultural
fences and the agricultural structures.
•
s:\planning\scott\aguses.doc
• 4 . Determination of Use. Any landowner may request a
determination of the use classification (permitted, not permitted,
conditional or accessory) for a use not expressly listed as
permitted, conditional or accessory or which involves a
combination of uses . An application for a determination shall be
submitted to the Zoning and Building Administrator and referred to
the Planning Commission for recommendation and the Council for
decision. Use determinations shall be based on substantial
similarity to existing use classifications, become of future
binding force and effect and be maintained on file by the City
Clerk.
900.12 PERMITTED, ACCESSORY, AND CONDITIONAL USES BY DISTRICT
1 . FP - Floodplain Overlay District
Special standards and criteria for the Floodplain Overlay District
shall be as set forth in Section 902 of the Code.
2 . SL - Shoreland Overlay District
Special standards and criteria for the Shoreland Overlay District
shall be as set forth in Section 904 of the Code .
• 3 . WSR - Wild and Scenic River Overlay District
Special standards and criteria for the Wild and Scenic River
Overlay District shall be as set forth in Section 906 of the Code.
4 . A-1 - Agricultural Conservation District
STATEMENT OF PURPOSE: The Agricultural Conservation District is
established for the purpose of preserving, promoting, maintaining,
and enhancirl,g the use of land for commercial agricultural
purposes, to prevent scattered and leap-frog nonfarm growth, to
protect expenditures for such public services as roads and road
maintenance, and police and fire protection.
A. Permitted Uses
i . Agricultural uses (5 acre minimum on unplatted
property)
ii . Public parks, playgrounds and open space
iii . Facilities for flood and erosion control
• iv. Horticultural uses
9.17
xiii .Reserved
xiv. Licensed day-care facilities for 13 or more
children in institutional buildings
xv. Agricultural uses (less than 5 acres or if within
a platted area)
5 . R-1 - Single Family Residential District
STATEMENT OF PURPOSE: The Residential Districts are established
to accomplish the general purposes of this Ordinance and for the
following specific purposes:
A. To preserve living qualities of residential
neighborhoods .
B. To ensure future high quality amenities including, but
not limited to, the provision of adequate light, air,
privacy, and convenience of access to property.
C. To increase convenience and comfort by providing usable
open space and recreation space on or near the housing units
• they serve .
D. To prevent additions or alterations of structures which
would damage the character or desirability of existing
residential areas .
E. To protect residential areas, to the extent possible and
appropriate in each area, against unduly heavy motor vehicle
traffic.
F. To encourage a variety and range of dwelling types and a
wide range of population densities with emphasis on home
ownership.
R-la - Single Family Rural Residential
STATEMENT OF PURPOSE: The Rural Residential District is intended
to allow for a "rural life-style" by permitting low-density
residential development in areas that are marginal or nonfeasible
for agriculture . The R-la district is intended to be primarily a
residential district, but which may also accommodate agriculture
related and accessory uses . This is the general area of Elk River
which is not primarily suited to farming due to soil conditions,
slope, tree cover, and other physical features better suited for
• nonfarm housing and related accessory uses .
9.19
ORDINANCE 96-
•
CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTIONS 900.12,
900.18 AND 908.06 OF THE CITY OF ELK RIVER CODE
OF ORDINANCE RELATING TO PERMITTED AND
CONDITIONAL AGRICULTURAL USES IN AGRICULTURAL
AND RESIDENTIAL ZONING DISTRICTS
The City of Elk River does hereby ordain as follows:
Section 1. Section 900.12 (4) and 900.12 (5) of the City of Elk River Code of
Ordinance are hereby amended to read as follows:
Section 900.12 (4)
A. Permitted Uses
i. Agricultural uses ( 5 acre minimum lot size )
C. Conditional Uses
xv. Agricultural uses (less than 5 acre lot size )
Section 900.12 (5)
• A. Permitted Uses
iv. Agricultural uses ( 5 acre minimum lot size )
C. Conditional Uses
viii. Agricultural uses in R-la (less than 5 acre lot size )
ix. Agricultural uses in R-lb, R-lc, R-ld, and R-le ( 10 acre
minimum lot size)
Section 2. Section 900.18 (2) of the City of Elk River Code of Ordinance is
hereby amended to read as shown on the attached Exhibit A:
Section 3. Section 908.06 (1) of the City of Elk River Code of Ordinance is
hereby amended to read as follows:
A. Agricultural Animals - The keeping of agricultural animals in the A-1
and R-la zoning district is a permitted use on parcels which are 5 acres or
larger and a conditional use on parcels which are smaller than five acres.
In the R-lb, R-lc, R-1d, and R-le districts, the keeping of agricultural
animals is a conditional use and shall be limited to parcels which are 10
acres or larger,
0
B. Stables and barns - All agricultural animals shall be provided a
IIIshelter under roof appropriately sized to accommodate the specific animal
in a humane manner. For setback requirements see Section 900.18 (2).
C. Fences - Agricultural animals shall be enclosed in a pen or corral.
Fences for pens, corrals, pastures or similar enclosures must be of
sufficient height and strength to retain such animals. For setback
requirements see Section 900.18 (2).
Section 4. That this Ordinance shall take effect and be in full force from and after
the date of its publication.
Passed and adopted this day of ,1996, by the City Council of the
City of Elk River.
Henry A. Duitsman, Mayor
• ATTEST:
Sandra A. Thackeray, City Clerk
•
s:\document\ordinanc\oa96-5&6.doc
EXHIBIT A
2. Accessory Use Setbacks.
• Accessory structures shall comply with the following dimensional regulations:
Front Side Rear Maximum Ag. Building
District Setback Setback Setback Height Fences
A-1 50' 25' 50' 22' [1] 0' [3]
R-la 35' 20' 30' 22' [1] 0' [2] [4]
R-lb
Non-Sewered 35' 10' 20' 15' [1] 0' [2] 100'
Sewered 35' 5' 5' 15' [1] 0' [2] 100'
R-lc 30' 5' 5' 15' [1] 0' [2] 100'
R-ld 35' 5' 5' 15' [1] 0' [2] 100'
R-le 35' 10' 10' 15' [1] 0' [2] 100'
R-2a
Duplex 30' 5' 5' 15' [1] 0' -
. R-2b
Townhouse 30' 10' 10' 15' [1] 0'
R3.
Townhouse & 30' 10' 10' 15' [1] 0' -
Other Multifamily
$_�
Townhouse & 30' 10' 10' 15' [1] 0' -
Other Multifamily
Cz_-Z. No Limits 45' 0' -
C.=2. 15' 10' 10' 45' 0' -
C-3 25' 10' 10' 35' 0' -
I-1 30' 10' 10' 40' 0' -
I-2 30' 10' 10' 60' 0' -
Swimming Pools [5] 8' 8' - 0' -
[1] A maximum of one story is permitted.
4111
[2] The keeping of livestock (fences) is prohibited within one hundred (100) feet
. of any property line in the Rib, Ric, Rid and Rle districts and within thirty (30)
feet of any property line in the Rla district.
[3] Agricultural buildings shall comply with all regular setback requirements
for accessory structures.
[4] Agricultural buildings shall be set back 30 feet from any property line and
50 feet from any road right-of-way.
[5] Swimming pools shall be setback a minimum of eight (8) feet from the side
yard and rear yard lot lines and must comply with the required front yard
setback as per Section 900.18. Swimming pools must be completely enclosed with
an opaque chain link or equivalent fence at least four (4) feet high with a
lockable gate.
•
•
s:\document\ordinanc\oa96-56.doc
CURRENT ORDINANCE le
• 2. Accessory Use Setbacks.
Accessory structures shall comply with the following dimensional regulations:
Front Side Rear Maximum Ag. Building
District Setback Setback Setback Height Fences Metal Skin
AA=1 50' 25' 50' 22' [1] 0' [3] 300'
R-la 35' 20' 30' 22' [1] 0' [3] 300'
R-lb
Non-Sewered 35' 10' 20' 15' [1] 0' -
Sewered 35' 5' 5' 15' [1] 0' -
R-lc 30' 5' 5' 15' [1] 0' -
ile
R-ld 35' 5' 5' 15' [1] 0' -
R-le 35' 10' 10' 15' [1] 0' -
R-2a
Duplex 30' 5' 5' 15' [1] 0' -
• R-2b
Townhouse 30' 10' 10' 15' [1] 0'
R-3
Townhouse & 30' 10' 10' 15' [1] 0' -
Other Multifamily
R-4
Townhouse & 30' 10' 10' 15' [1] 0' -
Other Multifamily
C-1 No Limits 45' 0' -
C-2 15' 10' 10' 45' 0' -
C-3 25' 10' 10' 35' 0' -
I-1 30' 10' 10' 40' 0' -
I-2 30' 10' 10' 60' 0' -
Swimming Pools [4] 8' 8' - 0' -
• [1] A maximum of one story is permitted.
9 .52
• [2] The keeping of livestock (fences) is prohibited within two hundred (200) feet
of an adjacent dwelling.
[3] Swimming pools shall be setback a minimum of eight (8) feet from the side
yard and rear yard lot lines and must comply with the required front yard setback
as per Section 900.18. Swimming pools must be completely enclosed with an opaque
chain link or equivalent fence at least four (4) feet high with a lockable gate.
•
•
9 .53