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07-16-97 PCNORTHWEST ASSOCIATED CONSULTANTS FN-k-CCOMMUNITY PLANNING - DESIGN - MARKET RESEARCH PLANNING REPORT TO: Otsego Mayor and City Council Otsego Planning Commission FROM: Bob Kirmis / David Licht DATE: 7 July 1997 RE: Otsego - Bullock: Zoning Ordinance Amendment and Interim Use Permit FILE NO: 176.02 - 97.09 EXECUTIVE SUMMARY Background Mark and Valerie Bullock have expressed a desire to keep a horse upon their 2.5 acre property located north of County Road 37 (70th Street) and east of Highway 101. The applicants' property is zoned R-2, Residential - Immediate Urban Service (Large Lot) which presently does not allow the keeping of farm animals. To accommodate the applicants' request, the following approvals are necessary: 1. A Zoning Ordinance amendment which would establish the keeping of horses as an interim use in the R-1 and R-2 Zoning Districts. 2. An interim use permit to allow the keeping of farm animals upon the site in question. Attached for reference: Exhibit A - Draft Zoning Ordinance Amendment Exhibit B - Site location Exhibit C - Detailed Site Location Exhibit D - Site Plan 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 55416 PHONE 6 1 2-595-9636 FAX 6 1 2-595-9637 Recommendation The keeping of farm animals (i.e., horses) is currently not allowed within residential zoning districts of the City. Thus, no mechanism presently exists to accommodate the applicants' request. In this regard, an initial determination must be made whether the keeping of horses on an interim basis upon residentially zoned land is acceptable in certain situations. A determination of the use's acceptability (on an interim basis) is considered a policy to be determined by City officials. Should the City find this to be an acceptable situation, we would recommend the following: Approval of a zoning ordinance amendment which would establish the keeping of horses as an interim use in the City's R-1 and R-2 Zoning Districts. 2. Approval of an interim use permit to allow the keeping of a horse (or horses) upon the applicants' property subject to the following conditions: a. No more than two horses are located upon the property in accordance with maximum animal density requirements of the Ordinance. b. The facility used to house the horse is: (1) Constructed of such material as is appropriate for the keeping of such animal. (2) Maintained in good repair. (3) Controlled as to temperature, ventilated and lighted compatible with the health and comfort of the animal(s). (4) Of sufficient size to allow each animal to make normal postural and social adjustments with adequate freedom of movement. Inadequate space may be indicated by evidence of malnutrition, poor condition of debility, stress or abnormal behavior patterns. (5) Cleaned as often as necessary to prevent contamination -of the animal(s) contained therein and to minimize disease hazards and reduce odors. C. If two or more written complaints are filed in any one month period regarding nuisance issues, the City may at its discretion, hold a rehearing of the interim use permit with the potential revocation of the permit being ordered by the City Council. 2 d. All fencing used to contain the horse comply with applicable City fencing requirements. e. The interim use terminate on the happening of any of the following events, whichever first occurs: (1) Upon violation of the conditions under which the interim use permit was issued. (2) Upon change in the City's zoning regulations which render the use non -conforming. (3) The redevelopment of the use and property upon which it is located to a permitted or conditional use allowed in the zoning district. (4) The Comprehensive plan is amended to include the subject property in the immediate urban service area. Such inclusion would establish the site as appropriate for urban development. Any other comments by City staff. ISSUES ANALYSIS Zoning Ordinance Amendment Existing Regulation. As mentioned previously, the City's Zoning Ordinance presently does not allow the keeping of farm animals (i.e., horses) within residential zoning districts. The intent of such prohibition relates to obvious compatibility issues. The keeping of farm animals (including horses) within the City is allowed only in agricultural zoning districts and upon sites qualifying as farms in other zoning districts. Because the residentially zoned, 2 '/2 acre site in question does not qualify as a "farm", an amendment to the Zoning Ordinance is necessary to provide a mechanism or means to accommodate the proposed use. The residentially zoned site in question is considered unique in that it lies within the "rural service area", as identified in the Comprehensive Plan. The rural service area is intended to identify lands where a continuation of agricultural uses is desired. Issues relating to the acceptability of the proposed use include property value impact, odors, noise, animal confinement, etc. 3 According to the Zoning Ordinance, pastures and facilities which confine ten animals or less are not technically considered animal feedlots. Thus, the City's prohibition of new animal feedlots is not considered applicable to this application. Draft Amendment. Should the City determine that the keeping of horses upon residentially zoned property may represent an acceptable situation, a second step would be to establish specific conditions under which such allowance would be acceptable. Attached as Exhibit A is a draft Zoning Ordinance amendment which would make the keeping of horses an "interim use" within the City's R-1 and R-2 Zoning Districts (which impose a minimum 2'/z acre lot size). According to Section 20-35-1 of the Ordinance, the purpose of allowing interim uses is: A. To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction. B. To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district. C. To allow a use which is reflective of anticipated long range change to an area and which is in compliance with the Comprehensive Plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development. Because the keeping of horses is not consistent with the general intent of the R-1 and R-2 Zoning Districts (to accommodate low density residential uses), it is recommended that any allowance for such use be made only on an interim basis. The attached draft amendment establishes various conditions under which the proposed use may be acceptable (see Exhibit A for reference). The City of -Otsego has a number of small "spot" residential zoning districts (approved by Wright County) which lie within the City's rural service area as identified in the Comprehensive Plan. A premise of the draft regulation is that such properties are inappropriately zoned and physically exhibit characteristics similar to those of a "farmstead". The various conditions make an interim (or temporary) allowancefor the keeping of horses in situations and locations where adverse impacts are not anticipated (i.e., within rural service area, upon 2'/2 acre lots, etc.). 0 Obviously, approval of the amendment is necessary to consider an interim use permit request applicable to the subject property. Conversely, denial of the text amendment would have the effect of denial of the applicants' request to keep a horse upon their property. Interim Use Permit Evaluation Criteria. According to Section 20-35-2.13 of the Zoning Ordinance, newly established interim use permits must be established according to the standards and procedures for a conditional use permit. As a result, the Planning Commission and City Council are directed to consider the possible adverse impacts of the proposed use. Judgement must be based upon, but not limited to the following factors: 1. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. 2. The proposed use's compatibility with present and future land uses of the area. 3. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). 4. The proposed use's effect upon the area in which it is proposed. 5. The proposed use's impact upon property values of the area in which it is proposed. 6. Traffic generation by the proposed use in relation to capabilities of streets serving the property. 7. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities, and its potential to overburden the City's service capacity. Comprehensive Plan. The Comprehensive Plan includes numerous policies intended to ensure cohesive land use relationships and neighborhood compatibility. Provided the keeping of the horse does not pose a public health or safety hazard and may compatibly exist with surrounding uses, its keeping on an interim basis is considered consistent with the provisions of the Comprehensive Plan. Land Use Compatibility. To determine the compatibility of the proposed use, it is considered beneficial to examine neighboring land uses. The following is a listing of specific land uses and zoning designations which surround the subject site. Direction Land Use Zoning North Agriculture/Former Air Strip A-1 South Commercial Horse Stable A-1 East Large Lot Single Family Residential (± 5 acres) A-1 West Large Lot Single Family Residential (± 2.5 acres) R-2 As shown above, the subject site is bordered on the north and south by agricultural uses. The + 5 acre site to the east, while residential in use is allowed to keep farm animals (within ordinance requirements) as it holds an A-1 Agricultural Rural Service Zoning designation. The residential property to the west holds an R-2 zoning designation and is not allowed to keep farm animals. In this particular instance, the proposed use is considered compatible with surrounding uses for the following reasons: The horse is to be kept no closer than 150 feet from neighboring residences (confined via proposed fencing). 2. The subject property's eastern and western boundaries are bordered by vegetation which visually screen the horse pasture area from neighboring residences. 3. The interim use permit shall be limited in scope to the keeping of no more than two horses in accordance with the City's animal density requirements. 4. According to Ms. Dorothy Quinn of the Humane Society of Wright County, the noise impacts of horses are generally less than that of dogs. While noise impacts are expected to be minimal, noise produced by the horse in question shall not be allowed to constitute a nuisance as defined by Ordinance. 5. Any odors produced on site must comply with applicable Minnesota Pollution Control Agency requirements. Performance Standards. As a condition of interim use permit approval, all applicable performance standards relating to the keeping of the horse must be satisfactorily met. Property Values. As part of the interim use permit evaluation, findings should be made that the proposed use will not negatively impact area property values. While no detailed study has been conducted, the proposed use is not anticipated to negatively impact area 0 property values. From a physical standpoint, the subject site may be considered an inappropriately zoned "farmstead" which due to its "spot" R-2 zoning, is not afforded the same rights as other similar properties in the area. As such, approval of the requested interim use permit would have the result of allowing a use presently allowed upon similar sized A-1 zoned properties in the area. Traffic Generation. The granting of the CUP request will have no impact upon traffic generation. Location/Lot Area. The draft Zoning Ordinance amendment stipulates that R-2 district lots proposed to have horses must lie within the City's Rural Service Area (as designated in the City's Comprehensive Plan) and not be less than 2'/ acres in size. The property in question satisfies these requirements. Animal Density. The applicants are proposing to keep a single horse upon their property. The draft Ordinance amendment states that the density of horses may not exceed one per acre. Such density requirement is likewise applied to agriculturally zoned property. In accordance with applicable density requirements, the applicants would be allowed to keep no more than two horses upon their 2'/2 acre property. Setbacks. The draft ordinance amendment stipulates that horses confined within pen, feedlot, or building may not be located less than 200 feet of any R-1 District property line. Such requirement is a reiteration of the setback requirement imposed upon all farm animals in the City. The nearest R-1 zoned property to the subject property is located over 1,000 feet of the north (Riverside Evergreens Addition). Thus, the minimum 200 foot setback requirement has been satisfied. Shelter. As part of the interim use permit consideration, a determination should be made that adequate and safe provisions have been made for animal confinement. According to Section 20-27-1.0 of the Zoning Ordinance facilities for housing animals must be: 1. Constructed of such material as is appropriate for the animal(s) involved. 2. Maintained in good repair. 3. Controlled as to temperature, ventilated and lighted compatible with the health and comfort of the animal(s). 4. Of sufficient size to allow each animal to make normal postural and social adjustments with adequate freedom of movement. Inadequate space may be indicated by evidence of malnutrition, poor condition of debility, stress or abnormal behavior patterns. 7 5. Cleaned as often as necessary to prevent contamination of the animal(s) contained therein and to minimize disease hazards and reduce odors. The applicant has indicated that the horse is to be confined within an existing 1,040 square foot (26 feet by 40 feet) pole building and pasture area which lies north of the building. As a condition of interim use permit approval, the aforementioned shelter related conditions must be upheld. Use Monitoring. To provide an assurance that the keeping of the horse will not result in any adverse impacts, the following condition of interim use permit approval is recommended: If two or more written complaints are filed in any one month period regarding nuisance issues, the City may, at its discretion, hold a rehearing of the interim use permit with the potential revocation of the permit being ordered by City Council. Fencing. The applicants have indicated that a fence is to be constructed to confine the horse's pasture area (± northern 200 feet of lot). All fencing used to contain the horse must comply with applicable City fencing requirements. Such fencing would ensure a minimum spacing of 150 feet from neighboring residences. Use Termination. According to Section 20-35-4 of the Zoning Ordinance, an interim use must terminate on the happening of any of the following events, whichever first occurs: The date stated in the permit (if so specified). 2. Upon violation of conditions under which the permit was issued. 3. Upon change in the City's zoning regulation which renders the use non -conforming. 4. The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district. In addition to the proceeding termination events, it is further recommended that the interim use permit terminate if the Comprehensive Plan is amended to include the subject property in the immediate urban service area. Such inclusion would establish the -site as appropriate for urban development. CONCLUSION A decision regarding the appropriateness of allowing the keeping of horses upon residentially zoned land is considered a policy matter to be determined by City officials. Should this be viewed as an acceptable situation (under certain circumstances), our office would recommend approval of the requested zoning ordinance text amendment and interim use permit subject to the conditions listed in the Executive Summary of this report. PC: Elaine Beatty Jerry Olson Andy Macarthur Kevin Kielb Mark and Valerie Bullock 9 DRAFT - DRAFT - DRAFT CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 97 - AN ORDINANCE AMENDING SECTION 27 OF THE OTSEGO ZONING ORDINANCE REGARDING THE KEEPING OF HORSES IN R-1 AND R-2 ZONING DISTRICTS. THE CITY OF OTSEGO ORDAINS: Section 1. Section 20-27-4 of the Otsego Zoning Ordinance (Farm Animals) is hereby amended to add the following: F. The keeping and maintaining of horses shall be allowed by interim use permit in the R-1 and R-2 zoning districts, provided: 1. The provisions of Section 35 of this Chapter are considered and determined to be satisfied. 2. The lot lies within the City's Rural Service Area, the boundaries of which are defined within the City's Comprehensive Plan. 3. The minimum lot size upon which the horses are to be located shall be two and one-half (2'/2) acres. 4. The horses are not confined in a pen, feedlot, or building within two hundred (200) feet of any R-1 Residential District property line not owned or leased by the operator. 5. The keeping and care of horses is provided as regulated by the City Code. 6. The density of horses does not exceed one (1) horse per acre. 7. A shelter or stabling facility shall provide a minimum of one hundred (100) square feet of enclosed area per horse. Section 2. Section 20-53-3 of the Otsego Zoning Ordinance (R-1 District interim uses) is hereby amended to add the following: B. The keeping of horses as regulated by Section 27.F of this Chapter. EXHIBIT A Section 3. Section 20-54-3 of the Otsego Zoning Ordinance (R-2 District interim uses) is hereby amended to add the following: D. The keeping of horses as regulated by Section 271 of this Chapter. Section 4. This ordinance shall become effective immediately upon its passage and publication. ADOPTED by the Otsego City Council this day of CITY OF OTSEGO Larry Fournier, Mayor ATTEST: Elaine Beatty, City Clerk/Zoning Administrator 2 1997. EXHIBIT B - SITE LOCATION W �LCCSI - M -OC -$AG EXHIBIT C - DETAILED SITE LOCATIC (` 11-1 E I EXHIBIT D - SITE PLAN