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HomeMy WebLinkAboutFINAL ORDINANCE NO. 08-073CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-073 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY ADOPTING REVISED RURAL DISTRICT STANDARDS AND ADDING A NEW RT RURAL DEVELOPMENT TRANSITIONAL DISTRICT TO THE ZONING ORDINANCE SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code, by repealing City Code Sections 154.033 (A District), 154.036 (RR District) and154.048 (RE District) in their entirety. SECTION Z. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code, by adding the following language: §154.400 §154.401 §155.402 §155.403 §155.404 §155.405 §155.406 §155.407 §155.408 §154.400 Article 9 -RURAL DISTRICTS Purpose and District Descriptions Permitted and Conditional Uses Lot Dimensions and Building Bulk Requirements Dimensional Requirements and Preservation of Open Space Site Design and Development Standards Accessory Uses and Structures Residential Accessory Structures Accessory Uses Accessory Uses and Structures Not Listed Purpose. The rural districts are established to provide guidance for existing rural development that is served primarily by on-site wastewater treatment facilities in Lake Elmo. The objectives of these districts are to preserve and enhance the quality of living in the existing rural areas, as well as regulate structures and uses which may affect the character or desirability of these areas. The rural districts and their purposes are as follows: A. RT Rural Development Transitional District. The RT District is an interim holding zone that will regulate land uses within those portions of the City planned and staged for development that will connect to regional sewer service in accordance with the Comprehensive Plan. The future zoning classification for areas zoned RT and the timing for any zoning map amendments to rezone property in this district will be determined by the City Council upon the extension of public sanitary sewer and water services into these areas. In the meantime, agricultural and existing residential uses will be allowed to continue in addition to other uses that are consistent with the A and RR zoning districts. B. A Agricultural District. The A District will apply to agricultural or undeveloped areas in Lake Elmo, including any newly annexed areas. The purpose of the district is to allow for agricultural and other activities typically associated with agriculture, including non-farm dwellings at a density of 1 unit per 40 acres. Future residential development may occur at the aforementioned density or through the Open-Space Preservation Development process. These parcels are expected to be served by on-site wastewater treatment facilities. In addition, some limited agriculture-related businesses, such as wayside stands and outdoor recreation, are appropriate short-term or interim uses for this district. C. RR Rural Residential District. The RR District is established for lands that have existing small- scale agricultural activity, as well as single-family residential dwellings. Future residential development may occur at a density of 1 dwelling unit per 10 acres, or through the Open-Space Preservation Development process. These sites are expected to be served by on-site wastewater treatment facilities. Some limited agriculture-related businesses, such as wayside stands, are appropriate as interim uses for this district. D. RS Rural Single Family District. The RS District is established for lands that have already been platted as conventional residential subdivisions prior to the 2005 adoption of the Comprehensive Land Use Plan. This district provides an environment of predominantly single- family detached dwellings on moderately sized lots in areas that have typically not been provided with public sanitary sewer services. E. RE Residential Estate District. The purpose of the RE District is to allow for single-family detached dwellings on large lots. The large lots and setbacks provide for an open-space environment that is consistent with the rural character of Lake Elmo. Planned residential subdivisions are allowed on a minimum of 20 acres (nominal) with an average subdivision density of 3.33 acres per residential unit. Lot sizes should be adequate to provide for on-site wastewater treatment. §154.401 Permitted and Conditional Uses. Table 9-1 lists all permitted and conditional uses allowed in the rural districts. "P" indicates a permitted use, "C" a conditional use, and "I" an interim use. Uses not so indicated shall be considered prohibited. Cross-references listed in the table under "Standards" indicate the location within this Ordinance of specific development standards that apply to the listed use. A. Combinations of uses. Principal and accessory uses may be combined on a single parcel. Table 9-1: Permitted and Conditional Uses, Rural Districts I-<( a: V'l .... Standard a: a: a: a: Residential Uses Household Living . I I I Single-family detached dwelling I p I p • p p p !54A54J1 Secondary Dwelling . -p I • -. - • 154A04.D I I I . Public and Civic Uses Cemetery -I p I p --I I . I . Services Self Service Storage t-aclllty I I' I" •. --I 'AACL,( Commercial Kennel c c . c -I :"~/!!il/i_I Commercial Stable • -• ( I -I -154 .404. I I Outdoor Recreation Golf Course -c . --I I Outdoor Recreation Facility -c -. - - • 155.101.E . 2 I Table 9-1: Permitted and Conditional Uses, Rural Districts I-<( a:: V\ "' Standard a:: a:: a:: a:: Parks and Open Areas . p p . p p p Restricted Recreation -• c - • -. - . ; Agricultural and Related Uses . . ; • i ; . Agricultural Entertainment Business • I . I I --. :::. . . . Agricultural Production p p p -. -: Agricultural Sales Business I • I . I • i:v::•o ; Agricultural Services c c ·, --; 15.ct 404 "'' . Forestry Operations . -. p -: -. - Greenhouses, Non Retail c ,c: c . -. -: Wayside Stand ; p • p : p --; : 54A54.D . '· • . Industrial and Extractive Uses . . . ; • Motor Freight and Warehousing I' • - -. -': ~.L • 4V . (: . : : : ; : ; Accessory Uses Bed and Breakfast c c c - - : ~: ., ·: .c : .. Domestic Pets ; p p • p : p • p Family Day Care p . p p p ; p : 155.111 G Home Occupation • p p p : p p . 155.11 LA.i3 Kennel, Private : c c c : -- • 1J4.404.1 : Solar Equipment . p p : p : p . p 155.111 l : Stable, Private c : c . c : -. : -: ) 5,·~. ilflA J Swimming Pools, Hot Tubs, Etc. p p . p p p ; 155.111.J . Temporary Sales ; p ·, p p '; p '; p i'.i'.i 107.B Water-Oriented Accessory Structures . p p p p p • Other Structures Typically Incidental and . . p : p p p p Clearly Subordinate to Permitted Uses : : : : . '· : •. . ': Open Space Preservation Development . • • . . : OP Development c : c -. -b4.6~(; OP-Alt Development • -• c c • --. 154.!VU Notes to Rural Districts Table 9-1 a. Non-Agricultural low Impact Use (see 1 Note: Standards listed in Table 9-1 are listed by Article, Section and Subsection. 3 §154.402 Lot dimensions and building bulk requirements. Lot area and setback requirements shall be as specified in Table 9-2, Lot Dimension and Setback Requirements. Table 9-2: Lot Dimension and Setback Requirements, Residential Districts RT A Minimum Lot Area (acres) ·single F'amff\/bet:ached bwefling •·········· 26 ··················.'fob ............ :foci ···Maximlim .. 1iiiilerviousto¥eraiie · Mfriimum···i>.:111d?ai···suildin!i sei'bacl<s ··(teetr··· (Animal buildings, feedlots or manure storage . sites) Any Property Line ···· ·· · · Ail\/txistingWeff or R:esiden1:fafsfructure · ·· Ail\f sodv ofseasonaCorVear:rolind surface.·· Water Notes to Rural Districts Table 9-2 4 35 .................. 35 200 200 RR RS 125 35 35 25% RE 2.s•;r····· .......... NA' 35 .. 15%···· a. 1 dwelling unit per 40 acres applies to all non-farm dwellings. In addition to non-farm dwellings (1 per 40 acres), each farm is allowed one farm dwelling per farm. b. Nominal 40 acres: a 40-acre parcel not reduced by more than 10% due to road rights-of-way and survey variations. c. Nominal 10 acres: a 10·acre parcel not reduced by more than 10% and/ or a 10-acre parcel located on a corner or abutting a street on 2 sides not reduced by more than 15% due to road rights-of-way and survey variations. d. The minimum lot size for lots served by public sanitary sewer service shall be 24,000 square feet per residential unit. e. A minimum of 1.25 acres of land above the flood plain or free of any drainage easements is required. f. Lots must be configured to contain a circle with a diameter of 250 feet minimum; the ratio of lot length to width shall be a maximum of 3:1 -Flag lots are prohibited. g. Corner properties: The side fa~ade of a corner building adjoining a public street shall maintain the front setback of the adjacent property fronting upon the same public street, or the required front yard setback, whichever is less. If no structure exists on the adjacent property, the setback shall be as shown in the table. §154.403 Dimensional Requirements and Preservation of Open Space A. Lot Configuration, RR District. All lots must be rectangular in shape and any 2 adjacent sites must have an aspect ratio not exceeding 4: 1. §154.404 Site Design and Development Standards. Development of land within the rural districts shall follow established standards for traffic circulation, landscape design, parking, signs and other considerations as specified in 5, 6 7. The following standards apply to specific uses, and are organized by district. A. Single-Family Detached Dwelling, All Rural Districts. All single-family dwellings shall be at least twenty-four (24) feet in width, at least nine hundred sixty (960) square feet in area, and be placed on a permanent foundation. B. Septic Drainfield Regulation, A, RR and RS Districts. All lots must have at least 20,000 square feet of land suitable for septic drainfields and area sufficient for 2 separate and distinct drainfield sites. Placement of the second required drainfield between the trenches of the first drainfield is prohibited. C. Septic Drainfield Regulation, RE District. All new subdivided lots shall have a minimum of 20,000 square feet of land to be dedicated for septic system use and suitable for that use. This land may comprise up to 2 separate areas, each of which is contiguous to the 1.25-acre building site or contained within it, and each of which contains at least 10,000 contiguous square feet. Placement of the second required drainfield between the trenches of the first drainfield is prohibited. D. Secondary Dwelling, A District. One non-farm dwelling per each 40 acres, or part of a dwelling on a prorated basis, not already containing a farm or non-farm dwelling, is permitted provided: 5 1. The dwelling unit is located on a separate parcel of record in the office of the County Recorder and/ or County Auditor, which shall be at least 1-1 /2 acres in size; 2. The parcel on which the dwelling unit is located must have at least 125 feet of frontage along a public street, be rectangular in shape and no dimension to be greater than 3 times the other; and 3. The dwelling is separated by at least 300 feet from the nearest farm building. E. Parking Standards, A, RR and RS Districts. 3 space of off-street parking required per dwelling unit. F. Parking Standards, RE District. 1 . 2 enclosed spaces minimum (200 square feet minimum per space). 2. 2 exterior spaces with minimum setback of 50 feet from any property line. G. Non-Agricultural Low Impact Use, A, RT Districts. The City recognizes that allowing non- agricultural low impact uses, strictly controlled and regulated by Interim Use Permit, might allow a farmer or large property owner an economical use of his or her property that is zoned Agricultural. The following standards may apply to these types of uses. 1. All of the property owner's real estate that is contiguous to the non-agricultural low impact use must be zoned Agricultural and remain so zoned while the conditional use permit is in effect. 2. The area where the non-agricultural low impact use is located shall be legally defined and approved by the city and is hereafter known as the "Non-Ag Area." The Non-Ag Area shall not exceed 4% of the property owner's contiguous agricultural zone gross lot area. The building footprints and asphalt and concrete surfaces within the Non-Ag Area shall not exceed 1.5% of the property owner's contiguous agricultural zone gross lot area. Landscaping, berms, ponds, gravel driveways, and other improvements that would otherwise be permitted in the Agricultural zone may be located outside of the Non-Ag Area. 3. Non-agricultural low impact uses shall only be allowed on a parcel of a nominal 40 acres or larger. 4. Non-agricultural low impact uses shall not generate more than 3 trips per day per acre of contiguous agriculturally zoned area, with the exception of land with sole access to Hudson Boulevard that shall not generate more than 6 trips per day per acre. 5. Any uses under this section involving the outside storage of vehicles, equipment, or goods shall be located a minimum of 200 feet from any public roadway or adjacent landowner's boundary, except that the setback from the 1-94 frontage road shall be not less than 50 feet. In addition, any such outside storage shall be screened from view from adjacent property and the public roadway by berms and landscaping. A plan for such screening shall be submitted with the application for the Interim Use Permit which shall clearly demonstrate by view cross-sections that said screening will be effective immediately, and in all seasons. Degradation of such screening by loss of landscape materials, outdoor storage of items that exceed the screened height or for any other reason shall be grounds for rescinding the outdoor storage portion of the Interim Use Permit. 6 6. Non-agricultural low impact uses may not generate more than 3.0 SAC units per 3.5 acres or 235 gallons per day per net acre of land based upon design capacity of facilities, whichever is more restrictive. 7. The property owner shall maintain the remaining land or farm outside of the IUP Area in accordance with the permitted uses of the Agricultural zoning district and the required practices of the Soil and Water Conservation District. 8. Rate and volume of stormwater runoff must meet the requirements of the City's Stormwater Ordinance. 9. In the event that the property owner, or future property owner, initiates a Comprehensive Plan amendment and rezoning of any or all of the contiguous real estate from Agriculture to a more intensive use, the Interim Use Permit shall terminate and all non-conforming structures shall be removed from the site within 1 year from the date of the City Council's adoption of the Comprehensive Plan amendment and rezoning, unless the City agrees otherwise. This section shall not apply if the City initiates rezoning or if property owner is forced to transfer title to any part of the contiguous real estate due to eminent domain. 10. All conditional use permits granted to a non-agricultural low impact use shall be reviewed on an annual basis, and may be rescinded, after a 2-week notice and a public hearing, if the Council finds that the public health, safety, or welfare is jeopardized. 11. The standards for buildings or structures, as listed in the minimum district requirements of the Agricultural Zone, shall not apply to structures built prior to the effective date of this chapter. H. Unserviced Lots, RT, A, RR Districts. All lots that are subdivided without city sewer and public water service shall meet the following standards: 1. Lots, houses and other structures, driveways and any new streets shall be located in compliance with the comprehensive plan and any more detailed area plans for future roads, public water services and drainage. 2. The Planning Commission may require a sketch plan showing how the entire tract could be divided when city services become available. Lots and buildings shall be sited and streets shall be laid out to facilitate future subdivision. I. Commercial Kennel, Commercial Stable, or Accessory Kennel or Stable, RT, A, RR Districts. The facility shall occupy a site at least ten (10) acres in size. Outdoor exercise areas shall be located at least 100 feet from adjacent properties; landscaping or other screening may be required. J. Agricultural Services and Support, RT, A Districts. 1. A facility established after the effective date of this ordinance shall have direct access to a collector or higher classification street. 2. An appropriate transition area between the use and adjacent property may be required, to include landscaping, screening and other site improvements consistent with the character of the neighborhood. 3. All processing of animal or dairy products shall take place within an enclosed building. 7 §154.405 Accessory Uses and Structures. Accessory uses are listed in the Rural District Use Table as permitted or conditional accessory uses. Accessory uses and structures in the rural districts shall comply with the following standards and all other applicable regulations of this ordinance: A. Phasing. No accessory use or structure shall be constructed or established on any lot prior to the time of construction of the principal use to which it is accessory. B. Incidental to Principal Use. The accessory use or structure shall be incidental to and customarily associated with the principal use or structure served. C. Subordinate to Principal Use. The accessory use or structure shall be subordinate in area, extent, and purpose to the principal use or structure served. D. Function. The accessory use or structure shall contribute to the comfort, convenience, or necessity of the occupants of the principal use or structure served. E. Location. The accessory use or structure shall be located on the same zoning lot as the principal use or structure. §154.406 Accessory Structures -Rural Districts. In all rural districts, the design and construction of any garage, carport, or storage building shall be similar to or compatible with the design and construction of the principal building. The exterior building materials, roof style, and colors shall be similar to or compatible with the principal building. A. Maximum Number and Size of Accessory Structures in Rural Districts. The maximum number and size of accessory buildings permitted in the rural districts are outlined in Table 9-3. No accessory building shall be constructed unless there is adequate room for the required secondary drainfield site. Table 9-3 Maximum Number and Size of Accessory Structures -Rural Districts Zoning District + j'.'~rcel Size A (Conforming) A Up to 10 acres Over 10 acres but less than 40 acres Standard There shall be no limit on the size or number of accessory buildings so long as the parcel is a nominal 40 acres or more, and buildings are agricultural as defined in § Two buildings with a combined area not to exceed feet. Two buildings and the area of each building not to exceed feet to10acres .................................................................................. 10?1nn<eo2,QC~:~>qu~r<=ff<oJ<oitt<dlEe~t~a:cclh1Ee~dlb<~l<li~:g, ................................................. . 1 0-15 acres One foot detached ................................ Over 15 acres One foot detached cc: ................... : .... :: .... '"··························································· RS and RE Over 5, 000 square feet but less than one acre A combined 1 , 200 square feet total for both attached and detached accessory structures or residential garage; the size of the footprint of the detached structure shall not exceed the size of the footprint of the structure 8 1-2 acres One 1,200-square foot detached residential garage or Over-2 acres One 1,300-square foot detached residential garage or B. Attached structures. An accessory structure shall be considered attached, and an integral part of, the principal structure when it is connected by an enclosed passageway. All attached accessory structures shall be subject to the following requirements: 1. The structure shall meet the required yard setbacks for a principal structure, as established for the zoning district in which it is located. 2. The structure shall not exceed the height of the principal building to which it is attached. C. Detached Structures. Detached accessory structures shall be permitted in rural districts in accordance with the following requirements: 1. Detached structures shall comply with the provisions of Section 154.092. 2. No detached garages or other accessory buildings in residential districts shall be located nearer the front lot line than the principal building on that lot, except in AG, RR and RS Districts where detached garages may be permitted nearer the front lot line than the principal building by resolution of the City Council. 3. Pole barns, as defined herein, exceeding one hundred twenty (120) square feet shall be prohibited in the RS and RE Districts. 4. Garage doors or openings shall not exceed fourteen (14) feet in height. 5. Detached structures shall not exceed a height of twenty-two (22) feet or the height of the principal structure, whichever is higher unless otherwise specified in Section 154.092 §154.407 Accessory Uses. A. Exterior Storage in Residential Districts. All materials and equipment shall be stored within a building or be fully screened so as not to be visible from adjoining properties, except for the following: 1. Laundry drying, 2. Construction and landscaping materials and equipment currently being used on the premises. Materials kept on the premises for a period exceeding six (6) months shall be screened or stored out of view of the primary street on which the house fronts. 3. Agricultural equipment and materials, if these are used or intended for use on the premises. 4. Off-street parking and storage of vehicles and accessory equipment, as regulated in Mr1r1P 5. Storage of firewood shall be kept at least ten (10) feet from any habitable structure and screened from view from adjacent properties. 6. Outdoor parking. B. Temporary Sales. Temporary sales, also known as yard or garage sales, are permitted in all residential districts, limited to two (2) per calendar year per residence, not to exceed four (4) days in length. §154.408 Accessory Uses and Structures Not Listed. 9 Standards for accessory uses and structures that are permitted in all districts, or in all residential buildings in any district, are listed in 7. These include uses such as family and group family day care, bed and breakfast facilities, and home occupations, and structures such as swimming pools and solar equipment. SECTION 3. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 4. Adoption Date. This Ordinance 08-073 was adopted on this 19th day of March 2013, by a vote of 5_ Ayes and 0 Nays. LAKE ELMO CITY COUNCIL Mike Pearson, Mayor Adam Bell, City Clerk ( This Ordinance 08-073 was published on the __ day of ________ , 2013. 10