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HomeMy WebLinkAboutItem 06a - Debra Holman Interim Use Permit City of Lakeville Community Development Dept. Planning Commission Frank Dempsey, AICP, Associate Planner May 3, 2024 Packet Material for the May 9, 2024 Planning Commission Meeting Debra Holman Interim Use Permit June 7, 2024 Debra Holman has submitted an application for an interim use permit to allow an apiary (keeping of honeybees) accessory use on a single family home property located at 18005 Jacquard Path in the RS-2, Single Family Residential District. An apiary is allowed in a residential zoning district subject to 11-35-3.F.2 of the Zoning Ordinance. The following exhibits are attached for your information: A. Location Aerial Photo B. Zoning Map C. Property Survey and Location D. Photograph of Beehive and Location Surrounding Land Uses and Zoning: North – Dakota Heights (City Owned) Water Tower Property - 9.8 Acres – P/OS, Park/Open Space District South – Single Family Home (RS-2 District) East – Jacquard Path and Single Family Home (RS-2 District) West – Single Family Homes (RS-3 District) Debra Holman requests an interim use permit to allow up to two apiaries for the keeping of honeybees at the northwest corner of her property, adjacent to an existing storage shed. Apiaries are allowed in residential districts subject to approval of an interim use permit and in accordance with performance standards outlined in the Zoning Ordinance as the category of keeping animals. An interim use permit requires a public hearing, including notification by mail of all property owners within 500 feet of the property. In 2017, at the request of citizens encouraging an ordinance to allow the keeping of bees, Planning Department staff completed a study of area cities and obtained the consultations of professional beekeepers to draft an amendment to the Zoning Ordinance that included performance criteria for the keeping of bees. The Planning Commission recommended adoption of regulations which was later approved by the City Council. This is the first request to come forward since adoption of the regulations. The proposed location of the honey beehive will be a minimum of 20 feet from the north and west property lines. 11-35-3.F.2 of the Zoning Ordinance includes certain performance criteria for the keeping of animals, as follows: a. Colony Density: The number of colonies allowed upon a lot shall be subject to the following limits: The subject property is 22,215 square feet in area which allows up to two hives. Debra Holman proposes one apiary (hive), initially, with a possible second hive in the same location in the future. Since two hives are allowed in accordance with the Zoning Ordinance, one additional hive is recommended to be permitted at the property owner’s discretion, subject to compliance with Zoning Ordinance requirements. b. Colony Location: (1) A hive shall be located only within a rear yard. The proposed hives will be located in the rear yard of the property near the northwest corner. (2) A hive shall be set back a minimum of twenty feet (20') from any lot line. The hive location shall comply with minimum setback requirements as shown on the site plan. (3) A hive shall not encroach upon any wetland buffer or drainage and utility easement. The proposed hives are not located within a wetland, wetland buffer, or drainage and utility easement. c. Performance Standards: (1) Honeybee colonies shall be kept in hives with removable frames, which frames shall be kept in sound and usable condition. The hive is designed as a beehive with removable frames in compliance with Zoning Ordinance requirements. (2) A solid fence, wall, or dense vegetative barrier capable of interrupting the direct flight of bees shall be used to redirect the bee's flight pattern and prevent a direct line of flight from the hive entry into neighboring properties. The barrier shall start at the ground, be a minimum of six feet (6') in height, and shall extend beyond the direct line of sight from the entrance to the hive to the adjacent property. A dense stand of trees is located immediately adjacent to the proposed location of the beehives. The trees are located on the adjacent property in a far rear location of the adjacent property. As an alternative to installing landscaping or a fence on the Holman property, staff recommends a stipulation that a fence be installed by the property owner (Holman) if the adjacent trees are cleared or removed by the property owner immediately abutting the Holman property near where the proposed hives are to be located. There is also the option to locate the hive(s) adjacent to the east wall of the storage shed. (3) Each colony on the apiary site shall be provided with a convenient source of water located on the apiary site so long as colonies remain active outside the hive. A source of water shall be provided near the beehives at all times. (4) Materials from a hive or colony which might encourage the presence of honeybees, such as wax comb, shall be promptly disposed of in a sealed container or placed within a building or other bee-proof enclosure. The keeping of hive or colony materials shall be disposed or kept in accordance with Zoning Ordinance requirements. (5) For each colony permitted to be maintained under this section, there may also be maintained upon the same apiary site, one nucleus colony in a hive structure not to exceed one standard nine and five-eighths inch (95/8") depth ten-frame hive body, with no supers. A honey superstructure, or “super” is a box placed on a honeybee hive for the bees to store honey. Supers go on top of the brood boxes. Beekeepers may use a bee queen excluder between the honey super and brood box to stop the queen from laying eggs in the honeycomb. There are three super sizes to choose from: shallow, medium, and deep. Honey supers are measured in height: • Deep (9-⅝ inches) • Medium (6-⅝ inches) • Shallow (5-¹¹⁄₁₆ inches) (6) Beekeeping equipment shall be maintained in good condition. Unused beekeeping equipment must be protected to prevent occupancy by swarming honeybees. (7) Hives shall be continuously managed to provide adequate living space for their resident honeybees in order to control swarming. (8) In any instance in which a colony exhibits unusual aggressive behavior, it shall be the duty of the beekeeper to promptly implement appropriate actions to address the behavior. If requeening is required, queens shall be selected from European stock bred for gentleness and non-swarming characteristics. (9) Fruit trees and other flowering trees, which are located on an apiary site, shall not be sprayed, while in full bloom, with any substance which is injurious to honeybees. d. Inspection: The premises for which an interim permit is issued in accordance with this subsection shall at all reasonable times be open to inspection by community service officers, the Zoning Administrator or other City official to determine compliance with the requirements of the permit, this section or other provisions of this title and this Code relating to public health, safety and welfare. e. Termination: The interim use permit shall terminate in accordance with section 11-5- 7 of this title or the transfer of ownership of the property to another party. Interim Use Requirements - Section 11-5-5 of the Zoning Ordinance requires that an interim use permit comply with the following: A. Meet the standards of a conditional use permit set forth in subsection 11-4-3E of this title. See attached findings of fact. B. Conform to the applicable general performance standards of Section 11-4-7 of this title. Staff has reviewed the performance standards in Section 11-4-7 and finds that the interim use permit application meets all applicable standards, including apiary zoning, location, setbacks, and screening. C. The use is allowed as an interim use in the respective zoning district. The proposed apiary use is allowed in the RS-2, Single Family Residential District subject to approval of an interim use permit. D. The date or event that will terminate the use can be identified with certainty. The interim use permit shall terminate upon a change of property ownership or when the apiary use has been discontinued for more than one year. E. The use will not impose additional unreasonable costs on the public. The proposed apiary use will not impose unreasonable costs on the public. F. The user agrees to any conditions that the city council deems appropriate for permission of the use. The applicant shall comply with the recommendations stipulated in the interim use permit as approved by the City Council. A nearby resident to the applicant contacted the Planning Department expressing concerns of having a concentration of bees near their property. A frequent visitor to their property is allergic to bee stings and requires immediate access to an epinephrin pen in the event of a bee sting. In consultation with the City Attorney, Community Development Department staff determined that insects are a naturally occurring condition of the environment whether or not the proposed hives are in the location proposed. It would also not be possible to keep an account of whether persons moving into a neighborhood may have adverse effects to bee stings and whether someone was stung by a bee from any particular hive. At the time the Zoning Ordinance regulations were studied, debated, and expert input obtained, it was determined that apiaries (hives) are considered compatible with single family residential areas. The nearby resident noted that at least one city in the Twin Cities requires applicants planning to keep an apiary to obtain a majority of nearby resident approval to be submitted to the City. This requirement is not included in the City’s ordinance. This practice has been determined to lack legal authority as courts have held that neighborhood opposition alone is not a valid basis for a particular city action. The City’s discretion in reviewing the application for the IUP is limited to applying the applicable city code provisions to the facts related to the specific application. Community Development Department staff recommends approval of the Debra Holman interim use permit for an apiary (keeping of honeybees) as an accessory use on the single family home property located at 18005 Jacquard Path subject to the following stipulations: 1. The keeping of bees (apiary) shall comply with all requirements outlined in 11-35-3.F.2 of the Zoning Ordinance, as may be amended from time to time. 2. Not more than two apiaries shall be permitted on the subject property. 3. The apiary(s) shall meet all setback requirements. 4. A fence be installed by the property owner (Holman) if the adjacent trees are cleared or removed by the property owner immediately abutting the Holman property near where the proposed hive is located. 5. The interim use permit shall terminate upon a change of property ownership or when the apiary use has been discontinued for more than one year. Findings of fact for the proposed interim use permit are attached. Exhibit A EXHIBIT B EXHIBIT C EXHIBIT D CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA HOLMAN INTERIM USE PERMIT FINDINGS OF FACT AND RECOMMENDATION On May 9, 2024 the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of Debra Holman for an interim use permit to allow an apiary (beekeeping) accessory use on a residential zoned property located at 18005 Jacquard Path. The Planning Commission held a public hearing on the proposed interim use permit preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. 1. The property is located in Planning District No. 2 of the 2040 Comprehensive Plan, which guides the property for low density residential uses. 2. The property is currently zoned RS-2, Single Family Residential District. 3. The legal description of the property is: 4. Section 11-4-3E of the City of Lakeville Zoning Ordinance provides that a conditional use permit may not be issued unless certain criteria are satisfied. Section 11-5-3 states that interim use permits shall be processed according to the standards and procedures for a conditional use permit. The criteria and our findings regarding them are: The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Finding: The proposed apiary accessory use is consistent with the policies and provisions for residential uses in Planning District 2 of the 2040 Comprehensive Land Use Plan. The proposed use is or will be compatible with present and future land uses of the area. Finding: The proposed apiary accessory use will be compatible with existing and future land uses in the area given compliance with the interim use permit. The proposed use conforms with all performance standards contained in the Zoning Ordinance. Finding: The proposed apiary accessory use will conform with all performance standards contained in the Zoning Ordinance and the City Code given compliance with the terms of the interim use permit. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. Finding: The subject property is served with necessary public services for a residential use. The accessory use of an apiary will not overburden the City’s service capacity. Traffic generation by the proposed use is within capabilities of streets serving the property. Finding: The proposed apiary accessory use will not adversely impact streets serves the property. 5. The planning report dated May 3, 2024 prepared by Frank Dempsey, Associate Planner is incorporated herein. The Planning Commission recommends that the City Council approve the interim use permit conditioned upon compliance with the planning report prepared by Associate Planner Frank Dempsey dated May 3, 2024. May 9, 2024 BY: _______________________________ Jenna Majorowicz, Chair