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7.6. & 7.7. SR 05-20-1996ity of MEMORANDUM 7.6. & 7.7. TO: FROM: DATE: SUBJECT: Mayor and City Council t~~'~ Scott Harlicker, Planning Assistan May 20, 1996 City of Elk River Request for Ordinance Amendments Public Hearing Case No.'s OA 96-5 and OA 96-6 Request Consider Ordinance No. 96- , amending 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, and dimensional regulations for accessory agricultural structures and agricultural fences. Attachments · Ordinance 96-__ · Diagram illustrating existing setbacks for buildings and fences · Diagram illustrating Planning Commission's recommended setback for buildings and fences · Diagram illustrating proposed setbacks for buildings and fences · Report to Planning Commission dated April 23, 1996 Overview This ordinance amendment addresses the minimum setback requirements for agricultural structures and fences and the lot size requirement for agricultural uses in the agricultural and single family residential zones. As a result of a recent request for a setback variance to allow an agricultural building within 300 feet of a neighboring residence and conditional use permit to allow an agricultural use, keeping horses, on a platted three acre parcel, the following issues were raised: · The difficulty in holding property owners accountable to a setback requirement from something over which they have no control over and 13065 Orono Parkway ° P.O. Box 490 ° Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Memo to Mayor and City Council Page 2 May 20, 1996 the point was made that it would seem more fair and logical to establish setback requirements from a £rxed and known point, such as a property line; The size of the setback, 300 feet for structures and 200 feet for fences, seemed excessive; setbacks should reflect the zone in which the property is located and should be similar for both structures and fences; The issue of lot size and the need to make a distinction between platted and unplatted property in determining if a conditional use permit is required for an agricultural use. In order to address the above issues staff offered the following suggestions: Reduce or eliminate the disparity between setback requirements for agricultural buildings and agricultural fences and base the setbacks on what the property is zoned; Establish a minimum setback of 30 feet for agricultural buildings and fences in the Rla zone and 100 feet in the Rlb, Rlc, Rld and Rle zones that is measured from the property line and not the neighboring residence; · In the A1 zone, agricultural buildings should comply with the regular setback requirements for accessory buildings, the regular setbacks are: Front - 50 feet Side - 25 feet Rear - 50 feet Eliminate the need for a conditional use permit for agricultural uses on platted property and base the requirement only on a minimum lot size. Please refer to the Planning Commission report for additional information. Planning Commission Meeting At the April 23, 1996 Planning Commission meeting, the Commission discussed the proposed ordinance. There seemed to be a consensus on the need to amend the existing requirements relating to agricultural uses, buildings and fences. Their discussion centered on what the minimum setback requirements should be in the Rla zone and should the minimum lot size required for an agricultural use in the Rlb, Rlc, Rld and Rle zones be reduced from 10 acres to five acres. s:Xplanning\scottXagusecc.doc Memo to Mayor and City Council Page 3 May 20, 1996 The Commission concurred with staffs suggestion that agricultural buildings be setback 30 feet from the property line and 50 feet from the right-of way in the Rla zone. However, the Commission recommended a five foot setback from the rear of the house back and a 10 foot setback from the rear of the house to the front for fences. (see attached diagram) They felt that this would allow additional land for pasture and reflect the rural agricultural character of the Rla zone. On a three acre lot and a five acre lot, a the smaller setback would allow enough pasture to accommodate one additional horse. On a 2.5 acre lot, the smaller setback would not make a difference. The Commission also recommended that the minimum lot size needed to support agricultural use in the Rlb, Rlc, Rld and Rle zones be reduced from 10 acres to five acres so that it would be more in line with what is required in the Rla zone. Recommendation The Planning Commission recommends the City Council consider Ordinance No. 96-__, amending setback requirements for agricultural buildings and fences and lot size requirements for agricultural uses as a permitted and conditional use in the agricultural and single family residential zones. If the City Council concurs with the Planning Commission's recommendation of reduced setbacks for fences, staff recommends that the setback be set at either five foot or ten foot for all property lines. s:\planning\scott\agusecc.doc 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 (5 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-ld, and R-le districts, the keeping of agricultural animals is a conditional use and shall be limited to parcels which are 5 acres or larger, B. Stables and barns - All agricultural animals shall be provided a shelter 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 City of Elk River. __ day of ,1996, by the City Council of the ATTEST: Henry A. Duitsman, Mayor Sandra A. Thackeray, City Clerk s:XdocumentXordinanc\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' [4] R-la 35' 20' 30' 22' [1] 0' [3] [5] R-lb Non-Sewered 35 Sewered 35 R-lc 30 R-id 35 R-le 35 R-2a Duplex R-2b Townhouse 1t-3 Townhouse & Other Multi family R-4 Townhouse & Other Multifamily 30 30 3O 30 C-1 C-2 15 C-3 25 I-1 30' I-2 30' 10' 20' 15' [1] 0' [2] 100 5' 5' 15' [1] 0' [2] 100 5' 5' 15' [1] 0' [2] 100 S' S' lS' [1] 0' [2] 100' 10' 10' lS' [1] 0' [2] 100' 5I 5~ 10' 10' 10' 10' 10' 10' No Limits 10' 10' is is Iii i5 Iii i5 Iii 0t 45' O' 45' O' 10' 10' 35' 0' 10' 10' 40' O' 10' 10' 60' 0' Swimming Pools [6] 8' 8' - 0' [1] A maximum of one story is permitted. [2] The keeping of livestock (fences) is prohibited within one hundred (100) feet of any property line in the Rlb, Rlc, Rld and Rle districts. [3] The keepin~ of livestock (fences) is prohibited within five (5) feet of any property line, to the rear of a line extending from the rear of the house to the side property lines and ten (10) feet from any property line, to the front of a line extending form the rear of the house to the side property lines. (see diagram). [4] Agricultural buildings shall comply with all regular setback requirements for accessory structures. [5] A~ricultural buildings shall be set back 30 feet from any property line and 50 feet from any road ri~ht-of-way. [6] 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 ~ate. s:XdocumentXordinanc\oa96-56.doc EXISTING SETBACKS HOUSE PROPERTY LINE 300' BLDG. 200' FENCE ._~ PROPOSED SETBACKS 30' BLDG. & FENCE 5O' BLDG. RO/tD I 30' FENCE PLANNING COMMISSION RECOMMENDED BLDG. & FENCE SETBACKS HOUSE BLDG. SETBACK FENCE SETBACK '~ity of E River ITI~_S 5.6. & 5.7. TO: FROM: DATE: SUBJECT: MEMORANDUM Planning Corem| ssion Scott Harlieker, Planning Assistan April 23, 1996 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. Attachments · 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 II~inimal 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 ff 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/OA96-5, OA 96-6 Page 2 April 23, 1996 single family residential districts (ie. Rlb, Rlc, Rld) would be allowed only as a conditional 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 ff on five or more unplatted acres, a conditional use on less than five acres or ff 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 apphcation for variance from the 300 foot required setback between agricultural buildings and adjacent residences and a conditional use permit to have a horse. The apphcant, 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 apphcation, 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 hne; · 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 theft property regarding placement of an agricultural building and fence. Their plans hinge on where theft neighbor places their house or constructs an addition. By measuring the setback from a fixed point, like principle structures and other accessory s :\plannin g\seott\aguses.doc Memo to Planning Commission/OA96-5, 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 hvestock fences. It is not clear why different setbacks were estabhshed. The following is a hst 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 apphcable to all fences; · Apple Valley - 50' setback from the lot line for structures, agricultural fences are subject to the normal setbacks apphcable to all fences; · Prior Lake - 100' setback from lot hne for accessory farm structures, agricultural fences are subject to the normal setbacks apphcable 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 apphcable to all fences. Of the seven cities hsted 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 apphed 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 ff 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 f~mfly residential zones, agricultural uses are only allowed as a conditional use on 10 unplatted acres. s :\plsnnin g\scott\aguses.doc Memo to Planning Commission/OA96-5, OA 96-6 Page 4 April 23, 1996 This can result is some very unusual situations. In the A-1 zone, where the 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 Rla zone; two neighbors could have similar sized parcels and ff 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 dffCerent 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 dwelhng; · 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 A1 and Rla districts on lots 5 acres or larger; · Agricultural use as a conditional use in the A1 and Rla districts on lots smaller than 5 acres; · Agricultural uses only as a conditional use in the Rlb, Rlc, Rld 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:\pl~nnln g\scott\ag~ses.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 PER){ITTED, 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 - A~rlcultural Conservation District STATEMENT OF PURPOSE: The A~ricultural Conservation District is established for the purpose of preservinq, promoting, maintaining, and enhancin? 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 Sinqle Family Residential District STATEMENT OF PURPOSE: The Residential Districts are established to accomplish the ~eneral 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 existin~ 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 dwellin~ types and a wide range of population densities with emphasis on home ownership. R-la - Sinqle 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 a~ricu!ture. The R-la district is intended to be primarily a residential district, but which may also accommodate agriculture ~ related and accessory ~ses. This is the ~enerat area of Elk River which is not primarily suited to farmin~ due to soil conditions, slope, tree cover, and other physical features better suited for nonfarm housin~ 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 Ammals - The keeping of agricultural anim als 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-ld, 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, B. Stables and barns - All agricultural animals shall be provided a shelter 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 City of Elk River. __ day of · 1996, by the City Council of the ATTEST: Henry A. Duitsman, Mayor 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' R-la 35' R-lb Non- Sewered 35 ' Sewered 35 ' R-lc 30' R-id 35' R-le 35' R-2a Dupl ex 30 R-2b Townhous e 30 R-3 Townhouse & 30 Other Multifamily R-4 Townhouse & 30 Other Multifamily 25' 50 20' 30 10' 20 5' 5' 5' 5' 5' 5' 10' 10' 5I 5~ 10' 10' 10' 10' 10' 10' C-1 No Limits C-2 15 10' C-3 25' 10' I-1 30' 10' I-2 30' 10' Swimming Pools [5] 8 ' [1] A maximum of one story is permitted. 10' 10' 10' 10' 8! 22' [1] 0' [3] 22' [1] 0' [2] [4] is, Ii] 0 is, [i] 0 15, [1] 0 15 ' [1] 0 ' 15 ' [1] 0 ' lS' [1] i5' Iii 15' Ill 15 ' [1] 45' 45' 35' 40' 60' [2] 100' [2] 100' [2] 100' [2] 100' [2] ~00' 0r 0I 0! Om 0' 0' 0I [2] The keeping of livestock (fences) is prohibited within one hundred (100) feet of any property line in the Rlb, Rlc, Rld 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 * 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 A-1 50' 25' 50' 22 R-la 35' 20' 30' 22 R-iR Non-Sewered 35' 10' 20' Sewered 35' 5' 5' R-lc 30' 5' 5' R-Id 35' 5' 5' R-le 35' 10' 10' R-2a Duplex R-2b Townhouse R-3 Townhouse & Other Multifamily R-4 Townhouse & Other Multifamily C-1 C-2 C-3 I-2 Swimming Pools Iii 30' 5' 5' 30' 10' 10 30' 10' 10 30 15 25 30 3O [4] 10' 10 No Limits 10' 10 10' 10 10' 10 10' 10 8~ A maximum of one story is permitted. 8~ z5 zs zs zs zs 15' [1] zS' is, Iii is' Ill 45' 45' 35' 60' [Z] 0' [3] 300' [1] 0' [3] 300' 0~ 0~ 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