HomeMy WebLinkAboutFINAL ORDINANCE NO. 08-031-ACITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-031-A
AN ORDINANCE TO AMEND AGRICULTURAL BUSINESS DEFINITIONS
AND REGULATIONS
FINDINGS:
1. Under the Municipal Planning Act and the Metropolitan Land Use Planning Act,
a central and required purpose of a zoning ordinance is to give effect to a city's
comprehensive plan.
2. According to the City's Comprehensive Plan, the RAD land use designation
,',,represents low density semi -rural residential development. Working farms,
Alternative Ag uses, single family detached residences, and limited life cycle
housing." Most of the City's outer areas are guided in this fashion. This includes
areas that are zoned Agriculture, Rural Residential, and Open Space.
3. By contrast, around the City's "village center" is an area with a "Commercial"
land use designation.
4. Commercially -zoned areas within the City include areas that are zoned General
Business, General Business Park Holding, General Business Commercial
Holding, General Business Sewered Residential Holding, Village Residential
General Business Holding, Convenience Business, and Limited Business.
The Land Use Plan chapter of the City's Comprehensive Plan places special
emphasis on three precepts, among them "the City's desire to preserve its rural
character, open space, and green corridors," and "the City's desire to retain its
identity and sense of community by preserving the historic village center." It
further states that the Plan "supports a community focused from its village core
out, rather than a lock step continuation of urbanization from the community
borders."
6. These aspects of the City's Comprehensive Plan are more likely to be achieved if
the zoning ordinance regulates commercially -related land uses in Agriculture,
Rural Residential, and Open Space districts so as to further the following
objectives:
a. controlling or mitigating the impact on other properties or the
environment,
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ensuring that the scale of the business does not exceed what is compatible
with a rural or semi -rural setting,
C. ensuring that adequate space is available, on site, for such operations,
d. ensuring that customers attracted to such business, including their
children, are not unreasonably subjected to risks;
e. ensuring that such uses do not present an added risk of disease;
f. insuring that the acreage of the site is sufficiently large for a traditional
agricultural use; and
g. otherwise preserving the rural character of Agriculture, Rural Residential,
and Open Space districts.
The current definitions of Agricultural Sales Business ("ASB") (and, indirectly, of
Agricultural Entertainment Business) ("AEB") restrict produce sales by those
who hold conditional use permits for such uses to sales of produce that is
produced on the premises. When the City was first setting the performance
standards in 2008 when those categories of conditional uses were created, such
language served to limit the scale of commercial activity by those property
owners who complied with that limitation. If the City removes that limitation, but
leaves the remaining performance standards unchanged, the City's ability to
achieve the objectives described above will be threatened.
If land with a rural zoning designation cannot be used in an economically -
beneficial fashion, that will increase the likelihood that the property owner will
press the City to rezone the property for rezoning to a non -rural designation. For
this reason, the City finds that the goal of preserving the rural character of areas
guided and zoned for rural uses is best accomplished if the City's regulation of
commercially -related land uses in Agriculture, Rural Residential, and Open Space
districts is not overly restrictive.
9. The City is changing, and will continue to change, as expected and unexpected
opportunities and challenges emerge. In particular, the City expects that certain
areas with rural zoning designations, or areas adjacent to them, will eventually be
converted to more intensive uses. Because of those changes, restrictions on
commercially -related land uses in a rural residential that are appropriate today
may be less reasonable in the future. The authority provided by the Minnesota
Legislature for cities to issue interim use permits (IUPs) is a sound planning tool
to address this dynamic, and is generally more effective than classification of such
uses as permitted or conditional uses.
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10. The objective of controlling or mitigating the impact on other properties or the
environment is served by requiring performance standards that limit the floor area
that can be devoted to sales activities, require compliance with the City Code's
parking requirements for retail sales activities, require planned and designed on -
site wastewater handling systems that are approved by the City or its designated
responsible authority, limit trip generation related to the underlying zoning (both
on an average basis and as a reasonable multiple of that figure for peak periods),
set a maximum impervious coverage limit that keeps such land uses from
unreasonably adding to the runoff appropriate for rural areas and rural stormwater
systems, and require a buffer area beside any adjacent residential property lines.
11. The objective of ensuring that the scale of the business does not exceed what is
compatible with a rural or semi -rural setting is served through such floor area
requirements, trip generation limitations, and limitations on impervious coverage.
12. The objective of ensuring that adequate space is available, on site, for such
operations, is served by requiring a minimum lot size for any agricultural sales
business.
13. The objective of ensuring that customers attracted to such business, including
their children, are not unreasonably subjected to risks is served by requiring
compliance with parking requirements for retail sales activities, requiring planned
and designed on -site wastewater handling systems that are approved by the City
or its designated responsible authority, and limiting unscreened or inadequately
screened exterior storage of equipment and materials.
14. The objective of insuring that the acreage of the site is sufficiently large for a
traditional agricultural use is served through a minimum lot size for any
agricultural sales business.
15. The objective of otherwise preserving the rural character of Agriculture, Rural
Residential, and Open Space districts is served by the same restrictions, and by
requiring that structures constructed for the agricultural sales business be
consistent on design and appearance with other agricultural buildings in the area,
and requiring screening mechanical equipment in certain settings.
16. As the text of the City's zoning ordinance has been revised over time, certain
definitions have become obsolete or unnecessary, yet remain. Removing such
definitions reduces the likelihood of confusion or misunderstanding.
17. Because a business that is not an ASB cannot satisfy the definition of an AEB, it
is important that the ordinance clarify that an AEB must satisfy performance
standards applicable to ASBs and AEBs. For the same reason, it is important that
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the performance standards for ASBs and AEBs complement each other, and not
contradict each other.
18. The added kinds of activities allowed for ASBs that are also AEBs pose
additional challenges because of the size and the nature of the crowds that could
be attracted to AEBs. Those challenges are best addressed by imposing additional
requirements on AEBs related to direct access to a collector or arterial street,
prohibition of the discharge of firearms, and requiring reasonable steps to prevent
trespassing on adjacent properties.
Based upon the above Findings of Fact, which the City Council of the City of
Lake Elmo hereby adopt, The City Council of the City of Lake Elmo does ordain:
Section 1. The City Council of the City of Lake Elmo hereby ordains that Section
11.01 (Definitions) is hereby amended to add the following definition:
GREENHOUSES. A building used for the growing of plants, all or part of which
are sold at retail or wholesale.
Section 2. The City Council of the City of Lake Elmo hereby ordains that Section
11.01 (Definitions) is hereby changed to amend or eliminate the following definitions
as shown:
AGRICULTURAL SALES BUSINESS. The retail sale of fresh fruits,
vegetables, flowers, herbs, trees, or other agricultural, floricultural, or horticultural
products_ The operation may be indoors or outdoors, include
nick -your -own or cut -your -own opportunities include pick - eu f own ,.....,.A, nifies, and
may involve the ancillary sale of items considered accessory to the agricultural products
beiiw sold or accessory sales of unprocessed foodstuffs; home processed food products
such as jams, jellies, pickles, sauces; or baked goods and homemade handicrafts. The
floor area devoted to the sale of accessory items shall not exceed 25% of the total floor
area. No commercially packaged handicrafts or commercially processed or packaged
foodstuffs shall be sold as accessory items. No activities other than the sale of goods as
outlined above shall be allowed as part of the AGRICULTURAL SALES BUSINESS.
FARMER. Person permanently residing on a tract of land of not less than 7-5--10
acres in the city and who farms the land for a livelihood.
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.. .��ee�rr4n�eratsrsee+rarr
WAYSIDE STAND. A temporary structure or vehicle used for the seasonal retail
sale of agricultural goods, floriculture, and horticulture produced by the operator of the
WAYSIDE STANDe, which is clearly a secondary use of the premises and does
not change the character thereof.
Section 3. The City Council of the City of Lake Elmo hereby ordains that Section
154.033 (Agricultural Use Regulations) subsections (A) and (B) are hereby amended
as follows:
(A) Permitted uses and structures.
(1) Agriculture
(2) Farm, suburban or rural;
(32) Poultry facilities meeting state and federal regulations;
(43) Farm buildings;
(54) Farm drainage and irrigation systems;
(63) Forestry meeting state and federal regulations;
(26) One farm dwelling per farm (also see §§ 154.091 and 154.105);
(82) 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, provided:
(a) 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;
(b) 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
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(c) The dwelling is separated by at least 300 feet from the
nearest farm building.
(29) Wayside stands;
(10) Joint ownership of property or ownership by association or rental
for the purpose of providing private gardens, or forest plots, or subplots to its members or
lessees.
(B) Uses permitted by conditional use permit.
(1) Greenhouses;
(2) Kennels;
(3) Stables;
(4) Commercial recreation of a rural nature, including outdoor target
ranges;
(5) Agricultural service establishments primarily engaged in
performing agricultural animal husbandry or horticultural services on a fee or contract
basis, including sorting, grading, and packing fruits and vegetables for the owner, lessee,
or sublessee; agricultural produce milling and processing for the owner, lessee, or
sublessee; horticultural services; fruit picking; grain cleaning; veterinary services;
boarding and training of horses;
(6) Open space development projects, as regulated by §§ 150.175 et
seq.;
(7) Non-agricultural low impact uses pursuant to the standards
described in division (F) of this section; and
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(e) T.asb ee..t.l..efs. iust be 1eeated inside or sefee.,._.l in an
acee«t.l.l e
6) rAerenee to the general review ...te..a app..e.ble to all
CUP ppli^atiaiis,
(Am. Ord. 97-57, passed 7-18-2000; Am. Ord. 97-191, passed 4-3-2007)
(C) Uses permitted by Interim Use Pen -nit:
(1) Agricultural Sales Businesses subject to performance standards
outlined in $ 154.110; and
(2) Agricultural Entertainment Businesses subiect to the performance
standards outlined in � 154.111
(DG) Accessory uses and structures (see §§ 154.092 and 154.093).
(1) Uses and structures which are customarily accessory and clearly
incidental and subordinate to permitted uses and structures as defined in § 11.01;
(2) Private garages, carports, screen houses, conservatories,
playhouses, swimming pools and storage buildings, as defined in § 11.01, for use by
occupants of the principal structures; and
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(Am. Ord. 97-38, passed 11-17-1998)
(3) Home occupations.
Section 4. The City Council of the City of Lake Elmo hereby ordains that Section
154.036 (Rural Residential Use Regulations) subsections (A), (B), (C), and (D) are
hereby amended as follows:
(A) Permitted uses and structures.
(1) Agriculture
1 (2) One -family residential dwellings (also see §§ 154.091 and
154.105);
(12) Farm, suburban or rural within the limits defined in the
performance standards for livestock;
(43) Wayside stands; —and
(4 Agrietiltufal sales to performance standards
.�r,,.,,1 :., a l cA l l n
(B) Accessory uses and structures (also see §§ 154.092 and 154.093). Uses
and structures which are customarily accessory and clearly incidental and subordinate to
allowed uses and structures; accessory structures cannot exceed the size of the principal
building.
(C) Conditionally permitted uses.
(1) Kennels;
(2) Open space development as regulated by § § 150.175 et seq.;
(3) Home occupations; —and
(D) Uses permitted by Interim Use Permit:
(1) Agricultural Sales businesses subject to performance standards
outlined in $ 154.110; and
(2) Agricultural Entertainment Businesses subiect to the performance
standards outlined in � 154.111
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Section 5. The City Council of the City of Lake Elmo hereby ordains that Section
150.178 (OP Use Regulations) subsections (A), (B) and (C) are hereby amended as
follows:
use.
(A) Permitted uses.
(1) Single-family, detached;
(2) Preserved open space;
(3) Conservation easements;
(4) Agriculture;
(5) Suburban farms;
(6) Private stables;
(7) Single-family, attached;
(8) Townhouses (no more than 25% in any development)
(9) Wayside stand.
(B) Accessory uses. Uses that are typically found accessory to a permitted
(C) Prohibited uses. All other uses are hereby prohibited.
Section 6. The City Council of the City of Lake Elmo hereby ordains that the City's
Design and Performance Standards are hereby amended to incorporate the
following additions and changes:
Current Sections 154.090 through 154.109 and their subdivisions are restated and
incorporated herein without change.
Current Section 154.111 and its subdivisions are restated and incorporated herein as section
154.112
154.110 Agricultural Sales Businesses
Agricultural Sales Businesses shall be des allowed upon the issuance of an
interim use pennit in agricultural and rural areas that are guided for Rural A�aicultural
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Density or future sewered development in accordance with the Comprehensive Plan.
Agricultural Sales Businesses shall be subject to the following performance standards:
(A) Activities shall be limited to those listed within the definition for
Agricultural Sales Business.
(B) The agricultural sales business shall be located on land owned or leased by
the producer or the operator of the business, and not within or on any public right-of-
ways or easements.
(C) The operator must be able to demonstrate at all times to the city that there
is sufficient access, parking and maneuvering space, that the location and adequacy of
approaches are sufficient, that there is suitable and safe access for pedestrians, and that
customer parking is away from the travel way and in close proximity to the agricultural
sales business.
(D) All waste materials shall be enclosed in containers provided on the site,
and shall not generate any nuisance impacts on adjacent properties.
(E) All sidewalks, roadways, and parking areas shall be treated as necessary to
eliminate dust nuisance impacts on adjacent properties.
(F) The maximum gross floor area that can be devoted to sales activities is
limited to 20,000 square feet.
(G) Parking shall be provided in accordance with the parking requirements for
other commercial uses, as per City Code 6 154.051 (C). All parking must occur on -site,
be on a primary surface such as class five gravel or pavement; and must be set back at
least 30 feet from all property lines.
(H) The minimum lot size shall be 40 acres for any gricultural sales business.
(I) On -site wastewater handling system shall be planned and designed by a
licensed professional and approved by the City or its designated responsible authority.
Usable primary and alternate well and septic sites sized for the maximum anticipated
usage of the property shall be identified on the property. Alternate sites shall be
protected in the site plan design and will only need to be used upon failure of a primary
site.
(J) Any structures constructed for the agricultural sales business shall be
consistent on design and appearance with other agricultural buildings in the area.
(K) Trip generation shall be limited to the yearly average daily trips calculated
for the underling zoning, with no daily trip generation to exceed twice the daily
calculation rate for the underlying zoning. The base daily trip generation is established at
180 vehicle trips per day for every 40 acres.
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Q The maximum impervious coverage for the buildings, parking areas and
other uses devoted to the agricultural sales business shall not exceed 40.000 square feet
and the remainder shall be suitably landscaped.
(M) Any activities that are defined as an Agricultural Entertainment Business
shall require a separate Interim Use Permit.
(N) Any exterior storage of equipment and materials other than the display of
products being sold or agricultural equipment currently in use on the property shall be
prohibited, unless otherwise exempted in accordance with 1.50.001 through 150.003 of
the City Code.
(0) There shall be a minimum buffer of 100 feet between anv sales areas or
sales buildings and any adjacent residential property lines.
(P) Roof top or outside building mechanical equipment must be screened from
view from adjacent properties and rights -of -way with an opaque material architecturally
compatible with the building(s).
(Q) Trash containers must be located inside or screened in an acceptable
manner.
(R) The operator shall adhere to the general review criteria applicable to all
Interim Use Permit applications.
(S) No activities or structures beyond those specified in the Interim Use
Permit shall be added before review by the city to determine compliance with this
ordinance.
154.111 Agricultural Entertairunent Businesses
Agricultural Entertainment Businesses shall be allowed upon the issuance of an interim
use permit in agricultural and rural areas that are guided for Rural Agricultural Densitv or
future sewered -development in accordance with the Comprehensive Plan. Agricultural
Entertainment Businesses shall be subject to the followjvg perfomiance standards:
(A,) An Agricultural Entertainment Business shall adhere to all performance
standards as outlined in Section 154.110 for an Agricultural Sales Business
(B) The property proposed to be used for agricultural entertainment must be
located with direct access to a collector or arterial street as identified in the
comprehensive plan,
(C) Discharge of firearms, including blanks, shall not be allowed on the
property;
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(D) The property owner must take reasonable steps to prevent trespassing on
adjacent properties by employees, contractors or patrons;
Section 7. Adoption Date
This ordinance shall become effective immediately upon adoption and publication in the
official newspaper of the City of Lake Elmo.
This Ordinance No. 08-031 was adopted on this 5"' day of Octobe 010, b vote of
Ayes and_ Nays. r�
Mayor Dean Johnston
ATTEST:
Bruce Messelt
City Administrator
This Ordinance N . 08-031 was published on the 3r'day of �e�cj 2014.
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