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5.2. PCSR 06-28-2005 Item #5.2 MEMORANDUM TO: FROM: Planning Commission / Michele McPherso~ector of Planning DATE: June 28, 2005 SUBJECT: Case No. OA 05-09 Request by the City of Elk River to Amend Section 30-793 (f) to allow Engineered Fabric Accessory Structures Request The Planning Commission is asked to consider an ordinance amendment that would allow engineered fabric accessory structures in the A1 and Ria zoning districts. Attachments · November 26, 2002 memo to the Planning Commission regarding Accessory Structures · October 21,2002 City Council Meeting Minutes · November 26,2002 Planning Commission Meeting Minutes Background This item was last discussed by the City in 2002 when an ordinance amendment clarifying appropriate materials for accessory structures was considered and approved. Staff had prepared two options for the Planning Commission to consider, including allowing fabric structures in the larger lot districts and the Planning Commission's recommendation was that fabric structures should not be allowed anywhere within the residential districts within the City of Elk River. At that time, former Councilmember Tveite indicated that he felt fabric accessory structures should be allowed in agricultural areas. Staff has now been approached by a local farmer who has purchased a fabric accessory structure for the purpose of storing hay on his farm. Planning Department Mission: the orderly development of a livable and sustainable Elk River community. Memo to the Planning Commission/OA 05-09 June 28, 2005 Page 2 Analysis Staff prepared a memo with the following language for the Council's consideration at their meeting of June 6: "In the Ria and At Districts. engineered fabric accessory structures shall be allowed provided the following conditions are met: 1. The parcel is five acres or greater. 11. The applicant shall obtain a building permit and the structure shall meet the wind and snow load requirements of the building code. 111. The structure will be considered permanent and shall be included in the maximum number of detached structures and total square footage of accessory structure calculation. lv. The structure shall meet the required accessory structure setbacks for the zoning district. v. The structure shall be used for the storage of animals or animal feed only. vehicles and machinery shall not be stored within the structure. Vl. The structure shall be removed if the parcel is subdivided into lots smaller than five acres in area. The Council had no comment regarding the proposed language. The conditions noted should prevent the structures from flying into an adjacent property, and limit the visual impact due to the larger setbacks in the Ria and At districts. Recommendation Staff recommends that the Planning Commission recommend approval of the ordinance amendment to the City Council as proposed. S:\PLANNING\Case Files\2005\OA 05-09 Fabric Structures\06 28 05 PC memo. doc FILE COpy .Item #It.5. MEMORANDUM FROM: Planning Commission Chris Leeseberg, It.anner ~ November 26, 2002 TO: DATE: SUBJECT: Case No. OA 02..06 Request by City of Elk River to amend Section 900.20 of the Zoning Code relating to Accessory Structures Request The Planning Commission is asked to consider an amendment to the Accessory StructUre portion of the Ordinance. . Attachments . Images of canvas accessory strua:ures . Existing Ordinance Language . Option A . Option B Overview This amendment request has two parts. First, the current ordinance uses the terminology "metal construction! exterior" pertaining to building finishes. This was in reaction to galvanized corrugated metal building systems and how that system was not desired. W1th the advent of pre-finished metal pole shed construction and metal lap siding, staff feels that this terminology needs to be further clarified. Second, staff has ~ed a complaint call from a resident that their neighbor's canvas accessory structure had blow into their yard. After this complaint was brought to the attention of staff, staff began to analyze how these structures could be allowed and regulated or even if they should be allowed. They are used as protection for boats and vehicles from the winter elements. . YQ03 ~~~~nn Page 2 Analysis The current ordinance uses the terminology "metal construction! exterior" permin;ne; to exterior building finishes. Staff has included two new definitions related to metal :finishes on . accessoxy buildings. This is to help clarify the difference betWeen typical metal pole bam construction versus metal lap siding which is typical on many residential homes. The purpose is to separate out the two types of metal construction :finishes and to clarify what will be acceptable metal exterior products. . The current ordinance does not allow for any type of membrane (canvas) accessory structmes. Upon reviewing the current ordinance and the building code, it was found that the currently availab~ canvas structures cannot meet the wind and snow loads required by the building code. Staff called seven different commercial businesses in Elk River and surrounding communities to see if they carry this type of product and if they met any wind or snow loads. Upon contacting them, only two businesses carried them and neither met the required loads. Currently accessoxy structures that are less than 120 square feet do not require a building permit. Once a structure exceeds this square footage, it requires a building permit and it must meet all applicable building codes. The average size of the accessoxy structures was found to be about 200 square feet, which would place them in a categoxyto require a permit and meet all applicable building codes. From the information given to staff by local businesses, these struCtures do not meet the code. i According to Appendix Chapter 31 of the Uniform Building Code, membrane structures erected less than 180 days shall complywitb. applicable provisions of the Fire Code. This states that if it is a temporary structure, it must still meet fire code, which the locally available structures do not appear to do so. Again, if the structure is greater than 120 square feet, it requires a building permit and must meet all applicable building codes. Staff has prepared two options to regulate these types of accessoxy structures. Option A allows them only in the Al and RIa districts year round and if they exceed 120 square feet, they must meet all applicable building codes. . Option B allows them only in the Al and R1a districts but only as a temporary structure not to exceed 180 days in a calendaryear. Again, in Option B, if they exceed 120 square feet they must meet all applicable building codes. Option B will create enforcement problems, as it will be difficult to track these temporary structures to insure they are removed after their allowed time frame. This topic was presented to the City Council at their November 18th, 2002 meeting and they gave the direction of exploring them as temporary structUreS. S:\PLANNING\Case FiIea\OA 02-06 Aa:.essory Sttuctures\OA 02-06.DOC Memo to Planning Cnrnml~oion November 26, 2002 Page 3 Recommendation Staff is recommending that the Planning Commission recommend approval of the language pertaining to the Metal Panel Siding and Meta!. Lap Siding. (The non shaded text in Option A and Option B) Staff is asking the Planning Commission for direction of fabric accessory structures. Should they be allowed year round or should they be limit.ed to a specific time frame or there is always a third option of not allowing them at all. (The shaded text in Option A and Option B) S:\PLANNING\Oase Files\OA 02-06 Aa:essotyStructures\OA 02-06.DOC OPTION A E. Accessory structures not exceeding one hundred twenty (120) square feet in floor area may be permitted in any zOne and may be finished with metal panel siding, wood, vinyl lap siding, metal lap siding. and/or masonry so long as the structures comply with the required minimum setbacks and the structures are anchored to the ground in compliance with all applicable buil~ codes. F. On lots less than two.and one half (21/2) acres in the R1b, Rlc, R1d or R1e districts, no detached accessory structures greater than one hundred twenty (120) square feet shall be :finished with metal pand siding. In the Al and R1a districts, and on two and one half (2 1/2) acres or greater in the RIb, R1c, RId or R1e districts, accessory structures may be finished with metal .. wood,' la si' metalla sidin and/or maso~. roofing material on any accessory structure. G. In any zone, all metal hni$esl coverings shall be factory pre-finished. In all ZOiles, except A1, galvanized corrugated pands shall not be allowed. All accessory structures greater than one hundred tweIlo/ (120) square feet shall require a building permit and comply with all applicable building codes. Definitions: Metal Pand Siding: Metal finishesl coverings that are applied to the exterior of walls and roofs which are greater than eight (8) inches in width. . Metal Lap Siding: Metal finishesl coverings that are applied to the exterior of waIls and roofs whiCh are eight (8) inches or less in width. OPTION B E. ~sory structures not exr.pplli"g one hundred twenty (120) square feet in floor area may be pennitted in any ?X>ne and may be :finished with metal panel sidin~ wood, vinyl lap. siding, metal lap siding. and! or masonry so long as the structures complywith the required mininnlOl setbacks and ~ structures are anchored to the ground in compliance with aU applicable building codes. F. On lotS less than two and one half (2 1/2) acres in the Rib, Rlc, Rld or Rle districts, no detached accessory structures greater than one hundred twenty (120) square feet shall be finished with metal panel sidin&_ In the Ai and Ria districts, and on two and ~ half (2 1/2) acres or greater in theRlb, Rlc, Rld or Rle districts, accessory structures may be fini!:hetl with metal panel sidint. wood, vinyl lap siding, metal lap siding. and! or masonry.. Metal panel siding shall be allowed as a roofing material on any accessory structure. G. In .QnyZDne, aU metal finishesl coverings shall be factory pre-finished. IIi all zones, except Ai, galvanized corrogated panels shall not be allowed. All accessory structures greater than one hundred twenty (120) square feet: shall require a building pennit and complywitb.all applicable buiIdin,g codes. . .. . Definitions: Metal Panel Siding: Metal finishesl coverings that are applied to the exterior of walls and roofs which are greater than eight (8) inches in width. . Metal Lap Silling: Metal fini~hesl coverings that are applied to the exterior of walls and roofs which are eight (8) inches or less in width. - City Council Minutes October 21, 2002 Page 12 2. NO TREES GREATER THAN FOUR INCHES IN DIAMETER SHALL BE REMOVED FROM TIm BLUFF AREA. 3. A CHANGE IN OCCUPANCY OF TIm SECOND STORY OF TIlE ADDmON MAY NECESSITATE TIm NEED FOR AN EI.EV ATOR OR OTHER ADA ACCESS PROVISION. 4. AU. COMMENTS OF TIlE CITY ENGINEER SHALL BE MET. 5. TIIE ADDmON SHALL COMPLY wrrn: TIlE BUILDING AND FIRE CODES. COUNCILMEMBER TVEITE SECONDED TIm MonON. 1HE MonON CARRIED 5-0. 7.1. Ci1;y Administrator Review Council member DietZ stated that Council should have received in the mail some sample forms that would assist in the review of the City Administrator. The Council agreed that the forms looked helpful and that the department heads and the Council should fill out these forms for the review process. 7.2. Canvas/Plastic Accessory Structures Director of Planning Michele McPherson stated that temporary canvas structures have been appearing around the city. Staff is looking for direction from Council on how to regulate these types of structures. She stated that the structures do meet the definition of a structure under the building code. She stated that Council could either: 1) disallow the structures; 2) ignore the structures; or 3) regulate the structures under Building Code Appendix Chapter 31. Ms. McPherson explained some of the issues with these types of structures, such as aesthetics, anchoring, snow loads, safety, setback requirements, etc. Councilmember Tveite stated that he believes these types of structures should be allowed in agricultural areas. The Council recommended that staff pursue option 3, regulation of the structures under the Building Code, due to aesthetic and code concerns. 7.3. Resolution Amendments City Administrator Pat Klaers stated that the Council approved two resolutions at the October 14, 2002, Council meeting. The resolutions were.for "Accepting, Supporting, and Adopting... .. the Mn/DOT j>laDs for Highway 10 and for Highway 169/101. Mr. Klaers stated that the Council should accept and support the plans but not adopt them and that the "adopting" portion shoUld be deleted from the tide of each of these resolutions. Planning Commission Minutes November 26, 2002 Page 4 5.4. R.eqpest by ~ of Elk River for Recodification of Chapter 900 .Zoning" of the O>de of OrcIinllncesr Public H'ea.riqg - Case No. OA 02-05 Staff report by Michele McPherson. The Plllnning O>IDIDission is asked to recomtnP.nd that ClJ.apter 900 entitled "Zoning" be recodifIed as part of the recodification of the Oty O>de. Ms. McPherson explained that there have been no signifIcant chariges to the OtyCbde since it was adopted in 1980-1981. She provided an overview of the changes and newformat. dJ.air Pederson opened the public hearing. There being no public comment, Cllai.r Pederson closed the public hearing. COMMISSIONER FRANZ MOVED TO RECOMMEND APPROVAL OF THE RECODIFICATION OF CHAPTER 900 OF THE aTY CODE ENTITLED "ZONING", CASE NO. OA 02-05. OOMMISSIONERANDERSON SEOONDED THE MOTION. THE MOTION CARRIED 7-0. 5.5. Reqpest by the ~ of Elk River to Amp.nd Section 900.20 Rev.rding Re~tion of AccessoQT Structures. Public Hearin,g -. Case No. OA 02-06 Staff report byOnis Leeseberg. The Plllnning Cbmmission is asked to consider an amendment to the Accessory StrUCtUre portion of the Zoning OrrIinllnce. Mr. Leeseberg reviewed Option A and Option B for the Cbmmission. dJ.air Pederson asked if the plastic "snap-together" sheds will be considered, as well. Mr. Leeseberg stated that he will check into this type of construction material Cbmmissioner Franz asked that residential PUD's be added to the zoning districts listed in proposed ordinance. He asked how tents are handled, such as the one used at Furniture and Things for sales. Mr. Leeseberg stated that these are handled under the General Plllnning Permit process. Cbmmissioner Franz then asked if there are "any permits required for tents used for ~ such as wPddi'Ogs and graduations. ~. McPhe.rson stated no, but that these types of tents are engineered and flame retardant, and are usually professionally installed by the tent or rental company. Chair Pederson opened the public hearing. Mr. Lindberg, 816 Jackson Avenue, stated that he lives next door to a propertywith a 40 foot by 10-foot canvas shelter which is located 6 inches from his property line. Mr. Lindberg explained that during a recent strong wind, the structure blew into his y.ud Mr. Lindberg stated that he felt the structures are a safety hazard and create a noise issue when the Ganvas is flapping in the wind. He felt that 180 days is too long for the structures to be allowed. There being no further public comment, 0Wr Pederson closed the public hearing. Discussion followed regarding the metal panel siding. It was the consensus of the O>mmissione.rs that the proposed metal panel siding and metaJ lap siding language was acceptable. Chair Pederson stated that he did not feel that fabric accessory structures were acceptable in residential areas. He also had concerns regarding safety, snow and wind loads. He felt if Planning C.()tnmiwl)J1 Minutes November 26,2002 Page 5 theywere onlyallowed on larger lots in the A1 and Rta Districts, theywould be somewhat shielded from public view. Commissioner Andezson stated he was not in favor of allowing the structures, and would only consider them in the larger lot size areas. Commissioner Ropp questioned why the structures would be allowed in any area, if they are a safety hazard. Commissioner Jenson asked it they must meet building code. Mr. Leeseberg stated yes. Ms. McPherson stated that if the stroctures were to be up for more than 180 days, theywould need to comply with the Building Code. If theywere up less than 180 days, theywould only need to comply with the Fire Chde. She noted that setback requirements would be applied and the structures would be included in the total accessorysti'ucture area allowed. aw.r Pederson suggested an Option C which would be not to allow the strQCtures at all, and to include the plastic/vinyl panel systems, as well. Chmmissioner Ropp coIlC1.11Ted, stating that these types of structures have a limited life and will deteriorate relatively quickly. Discussion followed regarding the fairground canvas structure and greenhouses. Chmmissioner Offerman expressed concern for allowing the structures for 180 days in any district. Chmmissioner Jenson suggested adjusting the time period. Discussion followed regarding enforcement issues in regulating time periods. Chmmissioner Offerman suggested that party tents be restricted to a time period. Ms. McPherson suggested five days. Gty Attorney Peter Beck suggested that companies in this business be contacted to help with the language. . Commissioner Franz suggested that stroctures over 120 square feet must abide by the building code and if they are under 120 square feet they only be allowed under certain criteria. Ms. McPherson stated that structures under 120 square feet are not regulated by the Gty. COMMISSIONER FRANZ MOVED TO RECOMMEND APPROVAL OF THE .AMENDMENT TO THE ZONING ORDINANCE TO LANGUAGE PERTAINING TO THE METAL PANEL SIDING AND METAL LAP SIDING; AND TO RECOMMEND APPROVAL OF OPTION B REGARDING FABRIC ACCESSORY STRUCI1JRES WITH THE FOLLOWING CHANGES: 1. INCLUDE ALL POSSmLE RESIDENTIAL ZONES SUCH AS RESIDENTIAL PUDS AND CLUSTER DEVELOPMENTS IN THE RtA .AND At ZONING DISTRIerS. 2. STRIKE SEerION H COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0.