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5.4. SR 07-18-2005 Item # 5.4. MEMORANDUM TO: FROM: Mayor and City Council Michele MCPherson~ector of Planning DATE: July 18, 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 City Council is asked to consider an ordinance amendment that would allow engineered fabric accessory structures in the A1 and R1a zoning districts. Attachments . Ordinance No. 05 - . June 6, 2005 memo to the City Council regarding Proposed Language . 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 R1a and A1 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. Vi. The structure shall be removed if the parcel is subdivided into lots smaller than five acres in area. Planning Commission Action The Planning Commission reviewed the above language at their June 28, 2005 meeting. No one was present to speak for or against the proposed language. The Commission voted unanimously to recommend the removal of condition v. and that the City Council adopts the language change. Recommendation Staff and the Planning Commission recommend that the City Council adopt the attached ordinance allowing engineered fabric accessory structures in the Rla and A1 zoning districts. S:\PLANNING\Case Files\2005\OA 05-09 Fabric Structures\0718 05 CC memo.doc ORDINANCE 05 - CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 30-793 - ACCESSORY BUILDINGS OF THE CITY CODE OF ORDINANCES Case No. OA 05-09 The City Council of the City of Elk River does hereby ordain as follows: Section 1. Section 30-793 (f) tided, Accessory Buildings, of the City of Elk River Code of Ordinances shall be .amended read as follows: SECTION 30-793. Accessory Buildings (f) On lots less than 2 1/2 acres in the R-1b, R-1c, R-1d, R-1e and residential PUD districts, detached accessory structures greater than 120 square feet may be finished with wood, vinyl lap siding, metal siding, and/or masonry. In the A-1 and R-la districts, and on lots greater than 21/2 acres in the R-1b, R-1c, R-1d, R1e and residential PUD districts, accessory structures may be finished with metal panels, wood, vinyl lap siding, metal siding, and/ or masonry. Accessory structures exceeding 120 square feet in floor area, in any zoning district, may not be finished with canvas, fabric and/or plastic membranes with the following exception: In the Rla and A1 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 removed if the parcel is subdivided into lots smaller than five acres in area. With the exception of the A-1 district, galvanized corrugated panels shall not be allowed. Metal panels shall be allowed as a roofing material on any accessory structure. Section 2. That this ordinance shall take effect upon publication as provided by law. Passed and adopted by the City Council of the City of Elk River this 18th day of July, 2005. Stephanie Klinzing Mayor Attest: Joan Schmidt City Clerk S:\PLANNING\Ordinances\OAOS-09.DOC Information MEMORANDUM TO: Mayor and City Council FROM: Michele McPherson, Director of Planning DATE: June 6, 2005 SUBJECT: Draft Ordinance Language - Fabric Accessory Structures As directed by the City Council on May 16th, staff has prepared the following language as an ordinance amendment to allow engineered fabric accessory structures in the Rla and A1 zoning districts for consideration by the Planning Commission at their June 28th meeting. This will be an amendment to Section 30-793 of the City Code, new provision G, with the remainder being re-Iettered: "In the Rla and A1 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. ill. 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. 1V. 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 following information illustrates the total square footage of attached and detached accessory structures allowed in the R1a and A1 zoning districts. . Two (2) detached accessory structures allowed per single-family parcel. Planning Department Mission: the orderly development of a livable and sustainable Elk River community. Memo to the City Council/Information Accessory Structure Ordinance Language June 6, 2005 Page 2 · Restrictions on the number of accessory structures shall not apply to parcels that are 40 acres or larger. · The total area of attached garages and accessory buildings shall not exceed the following maximum square footage: Parcel Size Less than 1 acre 1 acre to <2.5 acres 2.5 acres to <5 acres 5 acres to <10 acres 10 acres to <20 acres 20 acres to <40 acres 40 acres or more Maximum Accesso Structure Area 2,000 s . ft. attached and detached 2,500 s . ft. attached and detached 3,000 s . ft. attached and detached 4,000 s . ft. attached and detached 8,000 s . ft. attached and detached 16,000 s . ft. attached and detached Not to exceed 2% of the lot area Assuming that there are no other accessory structures on a five acre parcel, an applicant could build a structure 40' x 100' based on the above table. In the Ria district, the structure would need to be 20 feet from the side and 30 feet from the rear lot lines. In the A1 district, the setback increases to 25 and 50 feet respectively. Request The Council is asked to provide any suggested changes to the ordinance language which can then be incorporated into the version that the Planning Commission will review at the end of June. S:\PLANNING\Case Files\2005\OA 05-09 Fabric Structures\05 1805 cc memo.doc FILE COpy .Item #5.5 MEMORANDUM TO: Planning Commission FROM: Chris Leeseberg, Planner ~ November 26, 2002 DATE: SUBJECT: . Case No. OA 02-06 Request by City of Elk River to amend Section 900.20 of the Zoning Code relating to Acc4!ssory Structures Request The Pl::tnn;ng Commission is asked to consider an a.meortment to the Accessory Structure portion of the Orrt;n:mce. . Attachments . Images of canvas accessory structures . Existing Ordinance Language . Option A . Option B Overview This amendment request has two parts. First, the current orrt;n::tnce uses the terminology "metal constru.ction/ exterior" pe.rtain;ng to building fini~hes. This was in reaction to . galvanized corrugated metal building systems and how that system. was not desired. Wtth the advent of pre-finished metal pole shed construction and inetallap siding, staff feels that this terminology needs to be further clarified. Second, staff has rec:eived 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. . Y~03 ~~m~ P.2 Analysis The current ordinance uses the terminology "metal construction! exterior" p~;ning to exterior building finishes. Staff has included two new definitions related to metal :finishes on , accessory 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 wes 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 structureS. Upon reviewing the current orrtinanc-.e and the building code, it was found that the currently availab~ canvas stmc:tu:res 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 carrytbis type of product and if they met any wind or snow loads. Upon comar-ting them, only two businesses carried them and neither met the required loads. Currently accessory structures that are less than 120 square feet do not ~ a building permit. Once a structure exceeds this square footage, it requires a battlding permit and it must meet all applicable building codes. The average size of the accessozy structures was found to be about 200 square feet, which would place them in a category to require a permit and meet all applicable building codes. From the inforznation given to staff by local businesses, these stmCtures do not meet the code. I According to Appendix Chapter 31 of the Uniform Building Code, membrane struc:tures erected less than 180 &ys shall complywitb. applicable provisions of the Fire Code. This states that if it is a temporary stmc:ture, 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 accessory structU1"es. Option A allows them only in the Ai and R1a districts year round and if they exceed 120 square feet, they must meet all applicable building codes. . Option B allows them only in the Ai and Ria districts but only as a temporary structure not to exceed 180 &ys in a calendar year. 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. mThis 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 Fi1cs\OA 02-06 Ar:t::J.::ssory S1:rua:I=s\OA 02-06.DOC Memo to P1mming C.............uion Nov=nber .26, 2002 . Page 3 Recommendation Staff is recommeort;ng that the Planning Commission recommP.TIrt approval of the language pert~ining to the Metal Panel Siding and Meta!- Lap Siding. (The non shaded text in Option A and Option B) Staff is asking the Pbnning Cnmmi~sion for .direction of fabric accessory structures. Should they be allowed year round or should they be limited to a specific time frame or there is always a third option of not allowing them at all. (The sb!2ded text in Option A and. Option B) S:\PLANNING\Casc FiIes\OA 02..o6~Structures\OA 02..o6..DOC OPTION A E. .Arxessory structures not exceeding one hundred twenty (120) square feet in floor area may be permitted in any zOne and may be fini~hed with metal panel sicline-. wood, vinyl lap siding, metal lap sid;nr;1 md/or masonry so long as the strua:u.res comply with the required m;nirmnn setbacks and the st:ructures are anchored to the ground in compliance with all applicable buil~ codes. F. On lots less than two 'and one half (21/2) a.c:res in theRlb, R1c; RId orRle districts, no detached accessory strUctures greater than one hundred twenty (120) square feet shall be finished :with metal panel siding. In the A1 and R1a districts, and on two and one half (2 1/2) acres or greater in the R1b, R1c, R1d or Rle districts, accessory structures may be finished with metal anel si' wood,' la si' metal si' and! or masonry. roofing material on any accessory structure. G. In any zone, all metal4ini~hes/ coverings shall be factory pre-finished. In all zones, except A1, galvanized corrugated panels shall not be allowed. All accessory structures greater than one hundred twenty (120) square feet shall require a building permit and comply with all applicable building codes. Definitions: Metal Panel Siding: Metal finishes/coverings that are applied to the exterior of walls and roofs which ,are greater than eight (8) inches in width.. . Metal Lap' Sidin&: Metal finishes! coverings that are applied to the exterior of walls and roofs whiCh are eight (8) inches or less in width. OPTION B E. Aa:essory struc:tures not ~.-r1;ng one hundred twent:y (120) square feet in floor area may be permitted in any~ and may be fin;l:hed wirh metal panel sid1n~. wood, vinyl lap" siding, metal ~ siding. and! or masomy so long as the sttuctures complywirh the required TTlm;mnTT1 setbacks" and ~ struc:lm"eS are anchored to the ground in compliance wirh an applicable building codes. F. On lots less than twO and one half (2 1/2) acres in the Rlb, Rlc, Rld or Rle districts, no detached accessory structures greater than one hundred twenty (120) square feet shall be fin1l:hed with metal panel sid,n~, In the Al and R1a districts, and on two and ~ half (2 1/2) acres or greater in the Rlb, Rlc, Rld or Rle districts, accessory structures may be finished with metal panel sid1nf. wood, :vin:y1lap siding, metal lap siding. and! or masomy. Metal panel siding sb.a1l he allowed as a roofing material on any accesso1J" struc:t:ure. G. " In "any zone, an metal fin1l:hP$1 coverings sb.a1l be factory pre-fin,l:hPA. liiall zones, except A1, galvanized Corrugated panels shall not be allowed. All accesso1J" stroetures greater than one " hundred twettty (120) square feel: shall require a building permit and complywith -all applicable buildin,g codes. .. . Definitions: Metal Panel S;d,n~ Metal finishesl coverings that are applied to the exterior of walls and roofs which are greater than eight (8) inches in width. Metal Lap Sirt,n~ Metal fin'l:hes/ 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 U 2. NO TREES GREATER nIAN FOUR INCHES IN DIAMETER SHAll BE REMOVED FROM 1HE BLUFF AREA. 3. A CHANGE IN OCCUPANCY OF 1HE SECOND STORY OF THE ADDmON MAY NECESSITATE TIlE N:EED FOR AN ELEVATOR OR OnmR ADA ACCESS PROVISION. 4. ALL COMMENTS OF TIm CITY ENGINEER. SHAll BE MET. 5. TIm ADDmON SHALL COMPLY WITH TIm BUILDING AND FIRE CODES. COUNCILMEMBER TVEITE SECONDED TIlE MonON. TIm MonON CARRIED 5-0. 7.1. Cit;y Adm;n;~tor Review Coun~lmember.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. CanvaslPlastic Accessory Structures Director of Pbnn;ng 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 strue:tures 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. COll"d1member 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 plaDs 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. PlamUug Commission Mimms November 26, 2002 Page 4 5.4. Reqpest by Gty of Elk River for Recodifu:a.tion of OI~pter 900 "Zonin~1I of the Cnele of Qrdin:mces. Public Hea.rin& - Case No. OA 02-05 Staff report by Michele McPherson. The Phlnn;ng Cnmmission is asked to recommf"J'ld that d1aprer 900 entitled "ZOningll be recodifred as part of the recodification of the OtyCoele. Ms. McPherson.explained that there have been no significant cha.tiges to the OtyCode since it was adopted in 1980-1981. She provided an overview of the cha.tiges and new format. Chair Pederson opened the public hearing. There being no public comment, Chair Pederson closed the public hearing. . COMMISSIONER FRANZ MOVED TO RECOMMEND APPROVAL OF THE RECODIFICATION OF CHAPTER 900 OF THE CITY CODE ENTITLED "ZONING', CASE NO. OA 02-05. COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. . . 5.5. Request by the Gtrof Elk River to Aml"nrl Section 90020 Regarrt;n~ Regulation of Accessory StrllCI.ure$. Public :Hearing -. Case No. OA 02-06 Staff report by dnis Leeseberg. The Planning Cnmmission is asked to consider an :Impndml"nt to the Accessory Structure portion of the Zoning Qrd;n:lnce. Mr. Leeseberg reviewed Option A and Option B for the CDmmission. Chair 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 CDmmissioner Franz asked that residential PUD's be added to the zoning districts listed in proposed ordinance. He asked how tents are h:lndll"d, such as the one used at Furniture and Things for sales. Mr. Leeseberg stated that these are handled under the General. pl:1nning Permit process. Cnmmissioner Franz then asked if there are 'anypennits required for tents used for parties such as wPrId;n~ and graduations. Ms. McPherson stated no, but that these types of tents 'are engineered and flame retardant, and are usuallyprofessionallyinstalled 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 property with 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 yard. Mr. Lindberg stated that he felt the structures are a safety hazard and create a noise issue when the c;anvas is flapping in the wind. He felt that 180 clays is to610ng for the structures to be allowed. There being no further public comment, Clair Pederson closed the public hearing. Discussion followed regarding the metal panel siding. It was the consensm of the Commissioners that the proposed metal panel siding and meta}, lap siding language was acceptable. Chair Pederson stated that he did not feel that fa.bric accessory structureS were acceptable in residential areas. He also had concerns regarding safety, snow and wind loads. He felt if Planning C"'nrnmi"';nn Minutes November 26, 2002 Page 5 tbeywere only allowed on larger lots in the A1 and Ria Districts, tbeywould be somewhat shielded from public vieW. Commissioner .AndeISon 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 tbeyare a safety hazard. Commissioner Jenson asked it theyIIlUtt meet building code. Mr. Leeseberg stated yes. Ms. McPherson stated that if the structures were to be up for more than 180 days, tbeywould need to complywith the Building Code. If theywere up less than 180 days, tbeywould only need to complywith the Fire Code. She noted that setback requirements would be applied and the structures would be included in the total accessory structure area allowed. Olaii 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 Commissioner Ropp concurred, stating that these types of structureS have a limited life and will deteriorate relatively quickl.y. Discussion followed reguding the fairground canvas structure and greerihouses. Commissioner Offerman expressed concern. for allowing the structureS for 180 days in any district. Commissioner Jenson suggested adjusting the time period. Discussion followed reguding enforcement issues in regulating time periods. Commissioner 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 structures over 120 square feet must abide by the building code and if tbeyare under 120 square feet tbeyonly 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 TIm .AMENDMENT TO THE ZONING ORDINANCE TO LANGUAGE PERTAININGTOnm METAL PANEL SIDING AND METAL LAP SIDING; AND TO RECOMMEND APPROVAL OF OPTION B REGARDING FABRIC ACCESSORY STRUCI'URES WITH THE FOLLOWING CHANGES: 1. INa..UOE ALL POSSIBLE RESIDENTIAL ZONES SUCH AS RESIDENTIAL Puns AND a..USTERDEVELOPMENTS IN THE R1A AND A1 ZONING DISTRIctS. 2. STRIKE SECI'ION H COMMISSIONER ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0.