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HomeMy WebLinkAbout6B Fences Ordinance Amendment PC report     4646 Dakota Street SE    PLANNING COMMISSION AGENDA REPORT MEETING DATE: JULY 20, 2015 AGENDA #: 6B PREPARED BY: CASEY MCCABE, COMMUNITY DEVELOPMENT SPECIALIST PRESENTED BY: DAN ROGNESS, COMMUNTIY & ECONOMIC DEVELOPMENT DIRECTOR PUBLIC HEARING: NO AGENDA ITEM: CONSIDERATION OF A REQUEST TO INITIATE THE REVIEW OF AMENDMENTS TO SECTION 1101 (GENERAL PROVISIONS) OF THE PRIOR LAKE ZONING ORDINANCE RELATED TO FENCES. DISCUSSION: Introduction The purpose of this agenda item is to consider a request for the Planning Commission to initiate the review of amendments to Section 1101 (General Provisions) of the Prior Lake Zoning Ordinance related to fences. Current Circumstances In response to comments from residents and business owners related to residential and commercial fence standards, Community & Economic Development staff have been discussing possible ordinance amendments related to fencing. Specific examples of possible amendments include, but are not limited to: Fencing in Commercial and Industrial Areas. The City of Prior Lake Zoning Ordinance addresses fencing in residential areas; however, the zoning ordinance does not address fencing requirements for commercial and industrial areas. Staff is proposing to evaluate amendments to the zoning ordinance which would establish standards for commercial and industrial fencing. Chain Link Fence. Many residents have indicated they would like to install chain- link fencing in their front yard, which is not allowed under the current ordinance. Staff would evaluate neighboring community ordinances which may or may not allow a coated chain link or other similar fence styles in a front yard. Fence on a Corner Lot. Properties on a corner lot are considered to have two front yard setbacks which restricts the type, location and height of fencing available to residents. Staff is proposing to evaluate options for allowing certain fence types and heights within the front yard setback on a street frontage from which access is not obtained. Conclusion Section 1108.500 of the Zoning Ordinance states, the City may, either by its own initiative or by petition of a property owner, consider amendments to the formal text of the ordinance. Amendments to the ordinance may be initiated in one of four ways:       2  ISSUES: ¾ The Planning Commission may initiate the review of such amendments by motion. ¾ The City Council may on its own motion initiate amendments by referring them to the Planning Commission for review. ¾ Any property owner may formally petition the City to consider an amendment to the Official Zoning Map for land for which he/she is property owner. ¾ Any individual may petition the City to consider an amendment to the formal text of this Ordinance. City staff recommends the Planning Commission initiate the review of amendments to Section 1101 (General Provisions) of the Prior Lake Zoning Ordinance. Staff has received a number of questions recently related to the fence requirements in the zoning ordinance. Staff feels it is time to evaluate possible amendments to the zoning ordinance due to changes in fence type, design and durability and to ensure Prior Lake’s ordinance requirements are in line with those of neighboring communities. Provided the Planning Commission initiates the amendment process, staff anticipates providing a report for Planning Commission consideration in August 2015. ALTERNATIVES: 1. Motion and second initiating the review of amendments to Section 1101 (General Provisions) of the Prior Lake Zoning Ordinance. 2. Motion and second denying the request to initiate the review of amendments to Section 1101 (General Provisions) of the Prior Lake Zoning Ordinance. 3. Provide direction to staff and continue discussion at a future meeting. RECOMMENDED MOTIONS: ATTACHMENT: Alternative #1 1. Subsection 1101.504 of the Prior Lake Zoning Ordinance Zoning Ordinance City of Prior Lake June 1, 2009 1101/p1 SECTION 1101 GENERAL PROVISIONS SUBSECTIONS 1101.100: Purpose and Intent 1101.200: Overview 1101.300: Rules of Construction 1101.400: Definitions 1101.500: General Provisions 1101.600: Districts Established 1101.700: Zoning Map 1101.800: Boundaries 1101.900: Uses Not Listed 1101.1000: Land Use Descriptions 1101.1100: Motorcycles (Subsections 1101.100 – 1101.503 and Subsections 1101.505 – 1101.1100 were removed for the purpose of this Zoning Ordinance review only) 1101.504 Fences in Residential Use Districts. Fences may be permitted in required yards, subject to the following provisions: (1) The height of fences and walls permitted in required yards shall be limited. The height shall be measured from the ground level to the top of the fence or wall section. Fence posts may extend no more than 8 inches above the required height limit of a fence. In the case where the fence section has variable heights, the height of the fence shall be the average height. Fence heights shall be limited as follows:  A fence or wall shall not exceed 6 feet in height if it is located in any side or rear yard.  A fence or wall may be located in a front yard if the fence or wall does not exceed 4 feet in height and 50 percent opacity. Fences in the front yard shall be limited to decorative fences, such as picket fences, split rail fences and decorative iron fences. Chain link fences are not permitted in the front yard.  Barbed wire fences are allowed only in the Agricultural Use District.  A fence or wall shall not exceed 8 feet in height if the yard in which it is placed abuts a principal or minor arterial road.  A fence or wall exceeding 8 feet in height may be allowed if placed in any side or rear yard separating a commercial or industrial use from a residential use, a school, church or other public building.  A fence or wall may exceed 6 feet in height in any side or rear yard when it is installed as part of a bufferyard as defined in Subsection 1107.2000, however the fence may not exceed 8 feet in height.  A fence or wall in one front yard of any through lot may be at the height permitted in a rear yard if it complies with all of the provisions of Subsection 1101.506, is used as a rear yard, and the fenced yard used as the rear yard does not adjoin a yard used as a front yard. Zoning Ordinance City of Prior Lake June 1, 2009 1101/p2 (2) Where a fence or wall 6 feet in height or less is used as part of an animal kennel or run, it may not be located in any required side or front yard, and it shall be located at least 10 feet from any rear lot line. (3) Temporary snow fences including accompanying posts and supports shall be permitted in any yard from November 1st to April 1st. (4) No fence, hedge or wall or visual obstruction of any kind shall be permitted which is not in compliance with Subsection 1101.506. (5) Any fence or wall over 6 feet in height constructed as a result of this subsection shall be constructed of a nonmetallic material and shall be 90% opaque. It shall be considered a structure, shall require a building permit, and shall meet all Minnesota State Building Code requirements for a structure. (6) No fence may be located in any public right of way or public easement except by permission of the City Engineer. (7) A fence on a corner lot abutting a collector street shall be subject to the following conditions:  The fence shall not exceed 6 feet in height along the side street lot line.  The front yard shall be determined by the location of the garage. The direction the garage is facing shall be considered the front yard.  For lots with driveway access on a collector street, the fence shall not be constructed within a sight triangle described as beginning from a point at the intersection of the extension of the existing curb lines of the street or pavement edge and driveway, and extending 50 feet along the edge of the street and along the length of the driveway to the garage front. This defines two sides of the triangle. The third line is a line connecting the end points of the two sides described above.  The side street shall be designated as a collector street in the Comprehensive Plan.  A 6 foot fence shall be located behind the rear corner of the principal building or detached accessory structure along the front lot line abutting the collector street.  A 6 foot fence shall maintain a 10 foot setback along the collector street in front of the rear corner of the principal structure or detached accessory structure.  The fence shall maintain a 1 foot setback from a trail or sidewalk. (8) A zoning permit shall be obtained prior to the installation of a fence not exceeding 6 feet in height. A site plan showing the location of the fence in relation to the property lines shall be submitted with the permit application. A building permit shall be required for a fence exceeding 6 feet in height.