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HomeMy WebLinkAbout2010-106 Council Resolution• • Council Member adoption: 0' Donnell introduced the following resolution and moved its CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 10 -106 A RESOLUTION DETERMINING THAT A RIDING/RACING COURSE FOR OFF -ROAD VEHICLES IS NOT AN ALLOWED ACCESSORY USE OR FACILITY IN THE R -1 ZONING DISTRICT WHEREAS, the Lino Lakes City Council makes the following findings: 1. The Lino Lakes Zoning Ordinance lists uses that are allowable in the individual zoning districts. Every zoning district states that, "no building or land shall be used and no building shall be erected, converted or structurally altered unless otherwise provided herein, except for one or more of the following uses "; which uses then are specifically listed. 2. Accessory uses allowed in the R -1 zone include "Swimming pools, sport courts, and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests." (Sec. 6, Subd. 1.H.10). 3. An accessory use is defined as "a use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use." 4. Swimming pools and sport courts are common accessory uses customarily found in residential neighborhoods. However, a racing /riding course for off -road vehicles is a very different type of facility, one that has the potential for significant negative impacts on nearby residents — impacts that are not created by permitted facilities such as pools and sport courts. Off -road courses are not customarily found in residential neighborhoods. 5. A racing /riding course or track is a "facility" in that there is an established track or route that often can include man -made topographic features, such as jumps, created to enhance the enjoyment of riding on the track. This differs from occasionally riding a vehicle across or on a property, such as when moving it into a garage or onto a trailer. 6. The "other recreational facilities" phrase in Sec. 6, Subd. 1.H.10. was not intended to include any and all conceivable types of recreational activities or facilities as accessory uses, without regard to the impacts of those uses. • • • 7. Section 1, Subd. 1.E. of the Zoning Ordinance states: In any zoning district, whenever a proposed use is neither specifically allowed nor denied, the City Council shall determine if the proposed use is comparable in potential activities and impacts to a use listed within the zoning district and is acceptable related to land use compatibility, traffic, and /or nuisance issues and established conditions and standards relating to development of the use. 8. The City Council is the authority to determine if "other recreational facilities" in accessory use 10 in the R -1 zone allows for a track for racing /riding off -road vehicles: whether such a track is "comparable in potential activities and impacts" to a use that is specifically listed. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes that: 1. A racing /riding course for off -road vehicles is not comparable in potential activities and impacts to a permitted accessory use listed within the R -1 zoning district The noise generated by off -road vehicles is not compatible with the residential atmosphere that defines the R -1 Zoning District. 2. A racing /riding course for off -road vehicles is not an allowable accessory use, in the R -1 Zoning District. Bartell, City Adopted by the Lino Lakes City Council this 13th day of December, 2010. The motion for the adoption of the foregoing resolution was duly seconded by unanimous consent and upon vote being taken thereon, the following voted in favor thereof: The following voOtedDagainst O'Donnell Rafferty, Roeser, Gallup, Reinert none Whereupon said resolution was declared duly passed and adopted • • AGENDA ITEM 6 A STAFF ORIGINATOR: Jeff Smyser MEETING DATE: December 13, 2010 TOPIC: Resolution No. 10 -106: Determining That An Off -Road Vehicle Riding Facility Is Not Allowed In An R -1 Zone VOTE REQUIRED: 3/5 BACKGROUND The City has received numerous complaints regarding the riding of motorcycles on a residential property. Using earth moving equipment, the property owner has created a racing /riding track for dirt bikes and other off -road vehicles. The use of the site for this purpose generates noise that is generating complaints from neighbors. Staff consulted the Zoning Ordinance and discussed the activity with the City Attorney. The conclusion was that an off -road racing /riding course is not an allowable use under the Zoning Ordinance. Staff then sent a letter to the property owner. The letter recognizes that riding recreational vehicles can be fun, but notes that the activity creates serious impacts on neighbors. The letter informed the property owner that the activity must cease. The property owner disagreed with the position described in the letter. The Zoning Ordinance contains a means to resolve this through a City Council determination. In consultation with the City Attorney, staff is bringing this question to the City Council for a determination. It is important to remember that the determination applies not only to this site. The City Council first considered this item at the November 22 meeting, at which the Council tabled it for discussion at the December 6 work session. After discussion, the Council directed that the item be on the December 13 agenda. ANALYSIS Uses Allowed by the Zoning Ordinance The position stated in the letter to the property owner is based on the following reasoning: • The Zoning Ordinance lists uses that are allowable in the individual zoning districts. Every zoning district states that, "no building or land shall be used and no building shall be erected, converted or structurally altered unless otherwise provided herein, except for one or more of the following uses" that then are specifically listed for that zoning district. • The property is zoned R -1 Single Family Residential. • • • Accessory uses allowed in the R -1 zone include "Swimming pools, sport courts, and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests." • Swimming pools and sport courts are common accessory uses customarily found in residential neighborhoods. However, a racing /riding course for off -road vehicles is a very different type of facility, one that has the potential for significant negative impacts on nearby residents — impacts that are not created by permitted facilities such as pools and sport courts. Off -road courses are not customarily found in residential neighborhoods. • The racing /riding track is a "facility" in that there is an established track or route. There also are man -made topographic features that were intentionally created to enhance the experience of riding on the track. This differs from someone who occasionally rides a vehicle across or on the property, such as when moving it into a garage or onto a trailer. • The "other recreational facilities" phrase was not intended to include any and all conceivable types of recreational activities or facilities without regard to their impacts. • For these reasons, the conclusion was that a racing /riding track for off -road vehicles is not allowable as an accessory use on an R -1 property. The property owner disagrees with this conclusion. He believes that if he is not violating sound requirements established for his vehicles, he is not violating any law. Staffs conclusion is based on the uses listed in the Zoning Ordinance, not on statutory noise limits for vehicles. Nonetheless, a resident has the right to disagree with an interpretation of the Zoning Ordinance. The Ordinance provides an appeal process, which requires an application and fee. However, there is another approach to the current situation which is more efficient. As stated in Section 1, Subd. 1.E. of the Zoning Ordinance: In any zoning district, whenever a proposed use is neither specifically allowed nor denied, the City Council shall determine if the proposed use is comparable in potential activities and impacts to a use listed within the zoning district and is acceptable related to land use compatibility, traffic, and /or nuisance issues and established conditions and standards relating to development of the use. In summary, the City Council is the authority to determine if "other recreational facilities" in accessory use 10 in the R -1 zone allows for a dirt track for racing /riding off -road vehicles. That is: is such a track "comparable in potential activities and impacts" to a use that is specifically listed? Staff's view is that a racing /riding track is a facility and use that is not specifically allowed by Illthe Zoning Ordinance and therefore is prohibited: unless the City Council determines that the use is acceptable because it is comparable in potential activities and impacts to a use listed in the ordinance. Nuisance Violation Not Determined Chapter 901 of the City Code addresses nuisances. Racing /riding of off -road vehicles in a residential neighborhood may be violating the City Code because of the noise created by the riding activity. However, just when or if this is the case has not been determined and staff is not proposing to pursue this question at this time. The Planning & Zoning Board discussed this issue informally. The P & Z consensus is that the issue is a noise nuisance issue rather than a land use /zoning issue. If the City Council determines that the use of the site is not allowable under the Zoning Ordinance, there would be no need to pursue the nuisance issue. RECOMMENDATION 1. Approve Resolution No. 10 -106, determining that an off -road vehicle riding course is not allowed in an R -1 zone. 2. Return to staff with direction. • ATTACHMENTS • Excerpts from the Zoning Ordinance with specific passages highlighted with underlining. • Resolution No. 10 -106 • • • Excerpts From Lino Lakes Zoning Ordinance SECTION 1. TITLE / APPLICATION / RULES Subd. 1. Title and Application. E. Uses Not Provided for Within Zoning Districts. In any zoning district, whenever a proposed use is neither specifically allowed nor denied, the City Council shall determine if the proposed use is comparable in potential activities and impacts to a use listed within the zoning district and is acceptable related to land use compatibility, traffic, and /or nuisance issues and established conditions and standards relating to development of the use. Where such a determination is made, the requirements established for the listed use shall apply as minimum standards for the proposed use. Additional requirements may be applied to address differences between the listed use and the proposed use. In such cases where, in the judgment of the City Council, there is no comparable use listed, the City Council or Planning and Zoning Board, on their own initiative or upon request from the property owner, may conduct a study to determine if the proposed use is acceptable and, if so, what zoning district would be most appropriate and what conditions and standards should apply to the proposed use. The City Council, Planning and Zoning Board, or property owner, on receipt of the staff study, may initiate an amendment to the Zoning Ordinance consistent with Section 2, Subd. 1. of this Ordinance to provide for the particular use under consideration or shall find that the proposed use is not compatible for development within the City. SECTION 6. RESIDENTIAL DISTRICTS Subd. 1. R -1, Single Family Residential District. A. Purpose. This district is intended to provide a residential atmosphere for those persons desiring a single family neighborhood with a suburban density. This district is intended for development of single family detached homes on lots served with public sewer and water. G. Permitted Uses. In the R -1 District, no building or land shall be used and no building shall be erected, converted or structurally altered unless otherwise provided herein, except for one or more of the following uses: 1. Day care facilities (fourteen (14) or fewer persons). 2. Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the City. • 3. Public parks. • • 4. Single family detached dwellings. 5. State licensed residential care facility serving six (6) or fewer persons. H. Accessory Uses. Subject to applicable provisions of this Ordinance, the following are permitted accessory uses in the R -1 District: 1. Accessory apartments as regulated by Section 3, Subd. 10. of this Ordinance. 2. Accessory buildings including garages, tool houses, sheds and similar buildings for storage of domestic supplies and equipment, as regulated by Section 3, Subd. 4.D of this Ordinance. 3. Fences, as regulated by Section 3, Subd. 4.R of this Ordinance. 4. Home occupation Level A as regulated by Section 3, Subd. 8 of this Ordinance. 5. Non - commercial greenhouses provided they do not exceed two hundred (200) square feet in area. 6. Parking spaces and car ports for licensed and operable passenger cars and trucks. 7. Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by Section 3, Subd. 15 of this Ordinance. 8. Recreational vehicles and equipment per Section 3, Subd. 4.P of this Ordinance. (This regulates the parking of vehicles on the property.) 9. Signs, as regulated by Appendix C of the City Code. 10. Swimming pools, sport courts, and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests.