HomeMy WebLinkAboutPZ Agenda Packet 03-11-13THE CITY OF
0 Laverne Avenue747-3900
LAKE EL MO 380Lake Elmo, MN 55042rth wwbw. lakeelmo org
NOTICE OF MEETING
The City of Lake Elmo
Planning Commission will conduct a meeting on
Monday, March 11, 2013 at 7:00 p.m.
AGENDA
1. Pledge of Allegiance
2. Approve Agenda
3. Approve Minutes
a. None
4. Public Hearing
a. ZONING TEXT AMENDMENT - TREE PRESERVATION ORDINANCE. The
planning Commission is asked to consider a coning text amendment to add a Tree
Preservation Ordinance to the environmental performance standards section of the
Zoning Code. The Tree Preservation Ordinance established tree preservation
standards for lots that include significant woodland coverage in Lake Elmo. The
ordinance would apply to all development, grading and building activities on
woodland lots and parcels.
b. ZONING TEXT AMENDMENT - RURAL DISTRICTS CODE UPDATE. The
Planning Commission is being asked to consider amendments to the City's Rural
Districts that will update these provisions for consistency with recent additions to
other sections of the Zoning Ordinance. The proposed amendment would include
the creation on a new RT — Rural Development Transition District for those
portions of the City to be served by regional sanitary sewer.
5. Updates
a. City Council Updates
i. Urban Residential Zoning District ordinance approved at the 3/5/13 City
Council Meeting.
ii. Subdivision Ordinance Amendment related to public land dedication -fee
schedule amendment approved at the 3/5/13 City Council Meeting.
iii. Comprehensive Plan Amendment — Village Land Use Plan approved at the
3/5/13 City Council Meeting.
b. Staff Updates
i. Upcoming Meetings:
1. Planning Commission Workshop Meeting, 3/25/13
• Workshop may include the following: Village Mixed Use
Zoning District and Special Provisions zoning amendments
c. Commission Concerns
6. Adjourn
THE CITY OF
LAKE ELMO 7 Planning Commission
LL Date: 3/11/13
Public Hearing
Item: 4a
ITEM: PUBLIC HEARING: Zoning Text Amendment — Tree Preservation
Ordinance
REQUESTED BY: Planning Department
SUBMITTED BY: Nick Johnson, City Planner
REVIEWED BY: Kyle Klatt, Planning Director
SUMMARY AND ACTION REQUESTED:
The Planning Commission is being asked to consider a zoning text amendment to the Zoning
Ordinance to add a Tree Preservation Ordinance to the Lake Elmo City Code. The existing
Subdivision Ordinance calls for a vegetation protection and preservation plan at Preliminary Plat
phase, but does not specify any specific standards for conducting such a preservation plan. The
proposed Tree Preservation Ordinance is an attempt at clarifying the preservation requirements
and process as applicants proceed through the Preliminary Plat process of land subdivision. In
addition, a Tree Preservation Plan would also be required in instances of commercial or large-
scale construction, as well as for work requiring a City Grading Permit.
ADDITIONAL INFORMATION
As the City has recently been working through a potential residential subdivision in the 1-94
Corridor, it came to Staff's attention that the City did not specify specific standards pertaining to
tree inventory and preservation requirements at Preliminary Plat. In an effort to make operational
improvements to the development process, Staff determined that it was prudent to draft a tree
preservation ordinance before future subdivisions were proposed in Lake Elmo. In addition, this
effort is consistent with Staff's overall goal of incrementally improving the Zoning Ordinance to
prepare the City for sewered development in the 1-94 Corridor and Village. To draft the proposed
attached ordinance, Staff conducted research into the tree preservation requirements of several
surrounding communities in the Twin Cities Metropolitan Area. This research informed the
proposed ordinance.
The proposed Tree Preservation Ordinance is applicable to all development and subdivision
related applications, including construction and grading, but is not applicable to single family
home constructing on an existing platted lot of record. It is also important to note that the tree
preservation requirements would be in addition to, not in place of, landscaping requirements for
development in the City's urban districts. In most cases, the applicant would be required to submit
a Tree Preservation Plan as part of a Preliminary Plat submission, as long as the property in
question is considered a "Tree Protection Zone".
Due to the fact that many of the subdivisions that may occur in Lake Elmo will take place on open
farm areas that currently have limited stock of significant trees, the proposed ordinance
establishes a threshold for preservation. According to the ordinance, a parcel must contain 40%
woodland coverage to be considered a "Tree Protection Zone". Once a parcel receives this
designation, a tree preservation ratio must be maintained for all healthy significant trees
according to the base zoning of the property; urban residential properties require a preservation
ratio of 35%, while commercial and mixed-use parcels require a preservation ratio of 20%. If a
property owner is unable to maintain the required preservation ratio, then a Mitigation Plan is
required. Once again, this process is only triggered if the parcel qualifies as a "Tree Protection
Zone". For parcels that do not qualify for this designation, Staff recommends that a Tree
Inventory still be completed at Preliminary Plat so that as many significant trees can be preserved
as possible.
Once again, the effort to draft a Tree Preservation Ordinance is part of an overall project of
making improvements to the City's Zoning Ordinance before additional growth and subdivision is
to occur in Lake Elmo. In addition to these efforts, the City may have to make some minor
adjustments to the City's Subdivision Ordinance to be consistent with the requirements of the
Tree Preservation Ordinance. Staff will outline these minor changes at the Public Hearing.
RECOMMENDATION:
Staff recommends that the Planning Commission recommend approval of the proposed Tree
Preservation Ordinance with the following action:
"Move to recommend approval of the proposed Tree Preservation Ordinance to specify the
City's requirements for tree preservation in the subdivision and development process."
ORDER OF BUSINESS:
- Introduction........................................................................ Kyle Klatt, Planning Director
- Report by staff.....................................................................Nick Johnson, City Planner
- Questions from the Commission ................................... Chair & Commission Members
- Open the Public Hearing........................................................................................Chair
- Close the Public Hearing........................................................................................Chair
- Call for a motion................................................................................... Chair Facilitates
- Discussion of Commission on the motion ............................................ Chair Facilitates
- Action by the Planning Commission .............................. Chair & Commission Members
ATTACHMENTS (1):
1. Draft Tree Preservation Ordinance
2
ARTICLE 6. ENVIRONMENTAL PERFORMACE STANDARDS
5154.250 Purpose
5154.251 Tree Preservation
5154.250 Purpose
The purpose of this section is to provide regulations of general applicability for property throughout
the City that are intended to protect or enhance natural resources and processes, and minimize
conflicts among land uses.
5154.251 Tree Preservation
A. Purpose. Within the city of Lake Elmo, trees and woodlarids a're considered a valuable asset to
the community. The City places a priority on protecting ,th` s asset and finds that it is in the
best interest to regulate the development and alte at— i -,6f, wooded areas within the
community. Alt builders, developers and subdivides shall co ply with all the provisions in the
Zoning Code which address the preservation of,exis mg sigrnifit
int trees. All builders,
developers and subdividers are encouraged to preserve all healthy ,trees of significant value
even if the trees do not meet the size re uirements to be considered significant trees.
B. Definitions. The following words, terms6nd,phrases, when used in this section, shall have the
IT
meanings ascribed to them in this subsection,:except where the context clearly indicates a
different meaning:
Common Tree, Includes Ash, Ajd :Basswood, Box Elder, Catalpa, Cottonwood, Elm,
Hackberry, Locust, Poplar, SilveAaple, Willow and ari
2. This section does not apply to the harvesting of trees. For purposes of this section,
"harvesting" means cutting or clearing trees for purposes relating to forestry operations, as
defined in 9154.012. "Harvesting" does not include the clearing of land for the purposes of
development, even where the trees are sold for purposes of creating lumber for related
purposes.
3. This section does not apply to the issuance of a development approval for a single-family
residence on an existing platted lot of record.
D. Tree Protection Zone
1. For the purposes of this section, a "tree preservation zone" is established for any lot or
parcel that has a woodland coverage of at least forty (40) percent. The tree preservation
zone includes all woodland areas within the required setbacks and outside the designated
building envelopes. The percentage of significant trees that must be preserved within the
tree protection zone is established in Table 6-1.
i aDte o- is Preservation
All areas within a riparian buffer. 175%
Lots within any commercial, industrial or 20%
mixed-use zonine district.
Lots within any urban residential districts, or 35%
within a planned development.
2. For the purposes of determining the preservation ratio for a parcel of land, the more
restrictive area or category always applies.
E. Significant Trees
For the purposes of this section, a "significant tree" means any hardwood deciduous tree that
is equal to or larger than 6 -inch diameter breast height (DBH), any coniferous/evergreen tree
that is equal to or larger than 8 -inch diameter breast height and any common tree that is equal
to or larger than 12 -inch diameter breast height.
Tree Preservation Plan. All applicants shall submit a tree preservation plan prepared by a
certified forester or landscape architect in accordance with the provisions of this section.
During the review of an application for a building permit, grading permit or Preliminary Plat,
the tree preservation plan will be reviewed according to the best layout to preserve significant
trees and the efforts of the subdivider to mitigate damage to significant trees.
Tree Preservation Plan Requirements. The Tree Preservation Plan shall be a separate plan
sheet(s) that includes the following information:
1. The name(s), telephone number(s) and address(es) of the person(s) responsible for tree
preservation during the course of the development project.
2. A tree inventory, including the size, species, general health and location of all existing
significant trees located within the area to be developed or within the parcel of record.
All significant trees must be tagged in the field for reference on the Tree Preservation
Plan. These significant trees should be identified on the plan sheet in both graphic and
tabular form.
3. Trees that were planted as part of a commercial business such as a tree farm or nursery do
not need to be inventoried on an individual tree basis. A general description of the trees
DRAFT 3/11 /13 6-2
Environmental Performance Standards
and an outer boundary of the planted area must be provided. The burden of proof shall be
on the applicant to provide evidence to support the finding that the trees were planted as
part of a commercial business.
4. A listing of healthy significant trees inventoried in subsection (2) above. Dead, diseased or
dying trees do not need to be included in the totals.
5. A listing of the healthy significant trees removed, identified by the tree tag or some other
form of identification used in the tree inventory in subsection (2) above.
6. A listing of the healthy significant trees to remain, identified by the tree tag or some other
form of identification consisted with the tree inventory in subsection (2) above.
7. Outer boundary of all contiguous wooded areas, with a general description of trees not
meeting the significant tree size threshold.
8. Locations of the proposed buildings, structures, or impervious surfaces.
9. Delineation of all areas to be graded and limits of land disturbance.
10. Identification of all significant trees proposed to be removed within the construction area.
These significant trees should be identified in both graphic and tabular form.
11. Measures to protect significant trees.
12. Size, species, number and location of all replacement trees proposed to be planted on the
property in accordance with the Mitigation Plan, if necessary.
13. Signature of the person(s) preparing the plan.
H. Implementation. All sites shall be staked, as depicted in the approved Tree Preservation Plan,
and the required tree protection fencing shall be installed before land disturbance is to
commence. The City shall inspect the construction site prior to the beginning of the land
disturbance to ensure that protective fencing and other protective measures are in place. No
encroachment, land disturbance, trenching, filling, compaction, or change in soil chemistry
shall occur within the fenced areas protecting the critical root zone of the trees to be saved.
I. Irreparable Damage. Where the City determines that irreparable damage has occurred to a
healthy significant tree that is designated to be preserved as part of the Tree Preservation
Plan, the tree shall be removed and replaced, and protective fencing shall be provided.
J. Allowable tree removal. Significant trees on any parcel of land being developed may be
removed without replacement as long as the Preservation Ratio of Significant Trees (Table 6-1)
is maintained per the applicable area or category. Replacement according an approved
Mitigation Plan is required when the removal of significant trees exceeds the Preservation Ratio
found in Table 6-1.
K. Mitigation Plan. In the event that the removal of significant trees exceeds the amount required
to maintain the Preservation Ratio (Table 6-1), the applicant is required to prepare a Mitigation
Plan.
1. Any application where the allowable tree removal is exceeded, the applicant shall mitigate
the tree loss by either:
a. Planting replacement trees is appropriate areas within the development to meet the
applicable Preservation Ratio;
b. Planting an equivalent number of replacement trees on City property under the
direction of the Public Works Superintendent; or
c. Some combination of above subsections (a) and (b) to total the equivalent number of
required amount of replacement trees to meet the Mitigation Plan.
2. The form of mitigation to be provided by the applicant shall be determined by the City.
DRAF-r3/11/13 6-3 Environment—aFPerformanceStanrTarres –
3. Species requirement. The City must approve all species used for tree replacement.
Ornamental trees are not acceptable for use as replacement trees. Where ten or more
replacement trees are required, not more than thirty (30) percent of the replacement
trees shall be of the same species of tree.
4. Warranty requirement. Any replacement tree which is not alive or healthy, as determined
by the City, or which subsequently dies due to construction activity within two (2) years
after the date of project closure shalt be removed by the applicant and replaced with a
new healthy tree meeting the same minimum size requirements within eight (8) months of
removal.
5. The planting of trees for mitigation on residential projects shalt be in addition to any other
landscape requirements of the City.
6. All trees, except ornamental trees, planted as landscaping on commercial projects may be
counted towards tree replacement requirements.
L. Exceptions
1. Exception Standards. Notwithstanding the City's desire to accomplish tree preservation and
protection goals, there may be instances where these goals are in conflict with other City
objectives. These conflicts will most likely occur on small, heavily -wooded parcels. At the
discretion of the City Council, exceptions may be granted if all of the following conditions
exist:
a. The subject parcel is three (3) acres in size or less;
b. It is not feasible to combine the subject parcel with adjacent parcels that could use
the parcel as required green space;
c. Strict adherence to the Tree Preservation Ordinance would prevent reasonable
development that is consistent with the Comprehensive Plan and desirable to the City
on the parcel; and
d. The exception requested is the minimum needed to accomplish the desired
development.
2. Reduced Mitigation for Exceptions. If an exception is granted, relief from the requirements
of the ordinance may take the form of reduced mitigation requirements, greater allowable
tree removal, higher thresholds for determining significant trees, or any combination of the
above. The City Council will determine which form of relief best balances the objectives of
the City and tree preservation.
DRAFT 3/11/13 6-4 Environmental Performance Standar
THE CITY OF
T L� , K E ELMo Planning Commission
1LDate: 3/11/12
Business Item
Item: 4b
ITEM: PUBLIC HEARING: Consideration of Amendments to Article 9 of the
Zoning Ordinance — Rural Districts
REQUESTED BY: Planning Department
SUBMITTED BY: Kyle Klatt, Planning Director
REVIEWED BY: Nick Johnson, City Planner
SUMMARY AND ACTION REQUESTED:
The Planning Commission is being asked to consider text amendments to the Zoning Ordinance
to revise the zoning district regulations for the City's rural districts (those portions of the City that
will not be served by the sanitary sewer system). The revised sections will be placed under
Article 9 beginning at Section 154.400 in the new numbering system. All of the formatting for
these sections is now consistent with the other recent changes to the Zoning Ordinance, including
the urban residential district standards, definitions, and introductory provisions that have
previously been approved by the City Council.
ADDITIONAL INFORMATION
Staff has made various modifications to the rural district standards in order to bring them up-to-
date and to improve consistency throughout the code. The major changes from the existing
ordinance include the following:
• The rural districts have been reformatted using the new ordinance numbering and
organizational scheme.
• The districts are better organized using the urban districts as a guide.
• The rural districts now make use of the more complete list of use classifications and
definitions previously approved by the City,
• The area that must be set aside on individual lots for septic drain fields has been reduced
from 1 acre to 20,000 square feet in order to match the existing standards in RE —
Residential Estate districts. Two treatment sites must still be identified on each building
site for a primary and secondary system. Please note that the County rules require
10,000 square feet of area (5,000 for each of the primary and secondary sites) for drain
fields.
The other significant change proposed is the addition of a RT — Rural Development Transition
District that is intended to take the place of the City's existing holding zones in areas that are
planned for future sewered development. Staff believes that the proposed RT district will serve
the same purpose as the numerous holding zones that are currently used while greatly simplifying
the overall ordinance.
Staff will review the entire ordinance in greater detail with the Planning Commission at the
meeting.
RECOMMENDATION:
Staff recommends that the Planning Commission recommend approval of the proposed
amendments to Article 9 — Rural Districts as presented.
ORDER OF BUSINESS:
- Introduction........................................................................ Kyle Klatt, Planning Director
- Report by staff................................................................... Kyle Klatt, Planning Director
- Questions from the Commission ................................... Chair & Commission Members
- Open the Public Hearing........................................................................................Chair
- Close the Public Hearing........................................................................................Chair
- Call for a motion................................................................................... Chair Facilitates
- Discussion of Commission on the motion ............................................ Chair Facilitates
- Action by the Planning Commission .............................. Chair & Commission Members
ATTACHMENTS (1):
1. Draft Article 9 — Rural District Amendments
2
Article 9 - RURAL DISTRICTS
5154.400 Purpose and District Descriptions
5154.401 Permitted and Conditional Uses
5155.402 Lot Dimensions and Building Bulk Requirements
5155.403 Dimensional Requirements and Preservation of Open Space
5155.404 Site Design and Development Standards
5155.405 Accessory Uses and Structures
5155.406 Residential Accessory Structures
5155.407 Accessory Uses
5155.408 Accessory Uses and Structures Not Listed
5154.400 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 wilt 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.
March 2013 - Draft
5154.401 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
Household Living '
Single-family detached dwelling P P P P P 154.454.A
Secondary Dwelling P 154.40.4.1)
-
Cemetery P P
Self Service Storage Facility la la 154.404.G
Commercial Kennel C C C 154.404.1
Commercial Stable C 154.404.1
O�fidoor�Recreaiion r _
Golf Course C
Outdoor Recreation Facility C 155.107.E
Parks and Open Areas P P P p p
Restricted Recreation C
Agricultural Entertainment Business I I I~ - a' 154.111
Agricultural Production P P P
Agricultural Sales Business I I 1 154.110
Agricultural Services C C - 154.404.J
Forestry Operations - P -
Greenhouses, Non Retail C C C
Wayside Stand P P P 154.454.1)
I.
Industnalartd'ExtractiueUses i :l
Motor Freight and Warehousing la 154.404.G
i
Aecessor�_Uses = -
Bed and Breakfast C C C 155.111.0
March 2013 - Draft 9-2 Rural Distracts
Table 9-1: Permitted and Conditional Uses, Rural Districts
I' r
_
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
155.111.A,B
Kennel, Private
C
C
C
-
-
154.404.1
Solar Equipment
P
P
P
P
P
155.111.1
Stable, Private
C
C
C
-
-
154.404.1
Swimming Pools, Hot Tubs, Etc.
P
P
P
P
P
155.111.)
Temporary Sales
P
P
P
P
P
155.107.6
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 Space3Preservaton�Dev�lopm�en�
��,
i � '-
�
OP Development
C
C
-
154.650
OP -Alt Development
C
C
154.700
Notes to Rural Districts Table 9-1
a. Non -Agricultural Low Impact Use (see 154.404.G)
Note: Standards listed in Table 9-1 are listed by Article, Section and Subsection.
March _2_0_f3 Draft 9 3 Rural Districts ---
( 5154.402 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
t
Notes to Rural Districts Table 9-2
March 2013 - Draft
Minimum Lot Area (acres)
... __, _, .._.... , _. _ ....-'.._'-__._"-'.-__".t
Single Family Detached Dwelling 20
a;"
__„___. 10 _
15a_...__ _.,
2.9e r .....
Minimum Lot Width (feet)
............., .....-........ _..
Single Family Detached Dwelling
300
- -
300'____.,,.----300 ..... ._....... _1.25
NA.___.......
. . -._..., ......._ .. _ _ ..____. __ __ . __ __
Maximum Principal Structure Height (feet)
35
35
35
___ _
_35_
__ ....._
35
...... _„-_,.
Maximum Impervious Coverage
---..
._ ._.__ ._......
... _, .._--..
._ _..,,....._,._.,.--
25%
........ _.
15%
--..,-....._.. ...... . .. .. . ... .
Minimum Principal Building Setbacks (feet)
..----..
_ _ ._ ...._ .,.,._.
-- . -
Front Yard.
-30,._,..__,_.200.
30 .,,..
30,_,..,
100'_......,
.... .._ , .......-. ... ........... ............ ... ..... ... .
Interior Side Yard
... ..
10
200
10
10
50
Corner Side Yard g
25
200_,.,_..
_ .__25
25 __.__--,
- 80
...... ......... ....---
ear Yard
40
200
.............40,.
40
40
100
mum Accessory Building Setbacks (feet)
_.......... _
- .,.
_ ......
___
Front Yard
30
200
30
30
100
.............
Interior Side Yard
10 .
_.
200
__. _ ..............0 -
10 _.. _.._,._1
5,,.
. .....
..., - .._ __ ........
Corner Side Yard
25
.200
25
-25 _
30.........._.
.......... ........._..... -- ..........
ear Yard
10
200
10.
10--
15_......_.....
- .. .... _
Minimum Agricultural Related Setbacks
..._.....
_. _„
----, ._ ..... ----......
.---...._., __
..
(Animal buildings, feedlots or manure storage
sites)
y P.._....y---....
An Property Line
200
200_
__..I"...”.,_ 200 -
... . .........
....--_....
Any Existing Well or Residential Structure
.._
50
......
50
50
...... ....__,
.._......__,.
....,_...._._. .......... _ _. _, ........ ....
Any Body of Seasonal or Year-round Surface
...
200
....................
200
200
.__....
......
Water
t
Notes to Rural Districts Table 9-2
March 2013 - Draft
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 fagade 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.
9154.403 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.
9154.404 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 Articles 5, 6 and 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:
March 2013 - Draft 9-5 Rura Districts
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.
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 shalt 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 shalt 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 shalt 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 shalt 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.
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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.
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 shalt 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 shalt be located in
compliance with the comprehensive plan and any more detailed area plans for future
roads, utilities 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.
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.
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5154.405 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 shalt 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 shalt contribute to the comfort, convenience, or
necessity of the occupants of the principal use or structure served.
E. Location. The accessory use or structure shalt be located on the same zoning lot as the
principal use or structure.
5154.406 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.
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March 2013 -Draft 9-8 ral Districts
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 accessory structures shall comply
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.
5154.407 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 Article
5, Section 155.67.
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.
5154.408 Accessory Uses and Structures Not Listed.
Standards for accessory uses and structures that are permitted in all districts, or in all residential
buildings in any district, are listed in Article 7, Specific Development Standards. These include uses
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such as family and group family day care, bed and breakfast facilities, and home occupations, and
structures such as swimming pools and solar equipment.
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