HomeMy WebLinkAboutItem 12 ES CC Fence 6-4-131
MAYOR AND COUNCIL COMMUNICATION
DATE: 6/04/2013
REGULAR
ITEM #: 12
AGENDA ITEM: Zoning Text Amendment – Fence Ordinance
SUBMITTED BY: Nick Johnson, City Planner
THROUGH: Dean Zuleger, City Administrator
REVIEWED BY: Planning Commission
Kyle Klatt, Planning Director
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item..............................................................................................................Staff - Report/Presentation……………………………………………...………...........................Staff - Questions from Council to Staff................................................................…...Mayor Facilitates - Public Input, if Appropriate..............................................................................Mayor Facilitates - Call for Motion.........................................................................................Mayor & City Council - Discussion................................................................................................Mayor & City Council
- Action on Motion.............................................................................................Mayor Facilitates
SUMMARY AND ACTION REQUESTED:
The City Council is asked to consider a Zoning Text Amendment, establishing new fencing regulations in Lake Elmo. These fencing provisions will be organized under Article 5 - General Regulations under the new organizational structure of the Zoning Code. This Zoning Text Amendment is part of the ongoing effort to reorganize and improve the Lake Elmo Zoning Code.
The Planning Commission recommends the City Council approve Ordinance 08-083 through the
following motion:
“Move to approve Ordinance 08-083, establishing new fencing regulations in the Lake Elmo
Zoning Code”
BACKGROUND AND STAFF REPORT:
Staff is continuing to progress on a large project aimed at incrementally reorganizing and
improving the Lake Elmo Zoning Code in preparation of upcoming growth. One of the ordinances that was identified needing improvement was the Fence Ordinance. More specifically, the ordinance is poorly organized and unnecessarily complex in some areas. Therefore, Staff evaluated ways to make the fence ordinance more straightforward and less
complicated. In addition, the existing ordinance does not adequately address commercial
fencing. Currently, commercial fencing is only addressed through required screening of various uses in specific zoning districts. In order to take a more comprehensive approach to commercial fencing, Staff determined that a base standard for commercial fencing should be included, as
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opposed to fencing only for required screening. These factors were the driving forces behind
brining forward a Zoning Text Amendment related to fencing regulations.
The Planning Commission reviewed the proposed Fence Ordinance at a regular meeting on May 13, 2013. At this meeting, the Planning Commission made some recommendations related to minor adjustment of the draft ordinance. Staff responded to this request by making minor
refinements. After an initial review, the Planning Commission held a public hearing on the
proposed Fence Ordinance on May 29, 2013. No one spoke in favor or against the ordinance at the public hearing. The Planning Commission recommended the proposed ordinance for approval (Vote: 4-1, with Commissioner Haggard voting no).
Regarding the proposed Fence Ordinance, there are multiple changes in policy pertaining to
fencing regulations, including the following:
• Fence Height: The proposed ordinance allows a height of 6 feet for residential fences and 8 feet for commercial fencing. The exception to these heights is that fences within front and side (corner) yard setback areas must not exceed 42 inches in height and must be 50% open to air and light. This requirement in front and side (corner) yard setback areas
is to prevent any safety concerns related to obstructed vision of motorists or pedestrians due to fencing. In addition, the ordinance addresses any requests for commercial fencing above 8 feet through the conditional use permit process. Addressing this request through the CUP process ensures that no adjacent properties are negatively impacted by such fencing.
• Air and Light Provisions: The existing fence ordinance currently requires that any residential fencing above 42 inches must be 75% open to air and light. In other words, the current ordinance does not allow for solid, or privacy, fencing in residential districts. Based upon multiple requests to Staff for this type of fencing in the past, as well as
anticipated increased demand with future growth, Staff determined to allow for solid fencing in residential districts, as long as it was not located in the front or side (corner) yard setback areas. It should be noted that the 75% open to air and light provision in the existing ordinance was established to maintain long vistas and views in order to retain a rural character. However, it is important to note that this provision greatly limits the type
of fencing that can be used in residential circumstances. Finally, of all the fence ordinances that Staff researched as part of formulating the proposed ordinance, none of the other ordinances had an air and light provision with the exception of front and side (corner) setback areas for safety reasons.
• Additional Items: The proposed Fence Ordinance also includes other subtle deviations
from the existing ordinance. Provisions were added in the proposed ordinance pertaining to temporary fencing, including winter recreational fencing and size limitations. In addition, the existing Fence Ordinance contains provisions related to fences in shoreland districts. After review of a variety of other fence ordinances in the Twin Cities, it was
determined that these provisions are unnecessary. Finally, the permitted fence materials
from the existing ordinance were carried forward into the proposed ordinance. The only difference is that the allowed materials for commercial fencing do not include wood, with the exception of picket and split-rail decorative fencing. Related to commercial fencing, the Planning Commission expressed concern about the ongoing maintenance of wood
plank fencing in commercial districts.
Overall, Staff has attempted to draft a Fence Ordinance that is more straightforward and easy to administer. The Planning Commission engaged in multiple discussions about the various
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provisions included in the proposed ordinance and have recommended it for approval. As part of
adopting the proposed Fence Ordinance, the existing fence ordinance would be removed from the Code. All of the changes are outlined in Ordinance 08-083.
RECOMMENDATION:
The Planning Commission recommends the City Council approve Ordinance 08-083 through the
following motion:
“Move to approve Ordinance 08-083, establishing new fencing regulations in the Lake Elmo
Zoning Code”
ATTACHMENT(S):
1. Ordinance 08-083