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HomeMy WebLinkAbout06/13/2018 P&Z Packet CITY OF LINO LAKES PLANNING & ZONING BOARD MEETING Wednesday, June 13, 2018 6:30 p.m. Council Chambers Please be courteous and turn off all electronic devices during the meeting. AGENDA 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES: May 9, 2018 4. OPEN MIKE 5. ACTION ITEMS A. Public Hearing: Zoning Ordinance Text Amendment Regarding Parking Requirements for Accessory Outdoor Dining or Seating Facilities B. Public Hearing: Zoning Ordinance Text Amendment Regarding Performance Standards for Commercial Stables 6. DISCUSSION ITEMS A. Project Updates 7. ADJOURN Meeting guidelines on reverse side. City of Lino Lakes Planning & Zoning Board MEETING GUIDELINES Open Mike – The purpose of a Board Meeting is to accomplish the business of the city. When presenting at a meeting please remember to be respectful, and follow these guidelines: • Please address the meeting chair. • State your name and address for the record. • Please observe a 4-minute limit. • The topic must relate to city business. • Open Mike is for items not on the agenda. • A spokesperson must represent a group of five or more – groups will have 8 minutes. • The Presiding Officer may limit duplicative presentations. • Remember, the meeting is to discuss city business only. Public Hearing - Held as a separate item of business on the agenda. The public hearing segment is your opportunity to tell the Board how you feel about issues scheduled to be heard. Typically, a hearing follows these steps: • The Presiding Officer (Chair or Vice-Chair) will announce the proposal to be reviewed and ask for the staff report. The presiding Officer shall maintain strict order and etiquette at all meetings. • Staff will present their report on the proposal. • Board members will then ask City Staff questions about the proposal. • The Presiding Officer will then open up the public hearing for anyone present who wishes to comment on the proposal. This is the time for the public to make comments or ask questions about the proposal. Comments should be limited to four (4) minutes unless further time is granted by the Presiding Officer. All comments should be directed to the Board as a body and not to any individual Board Member or City Staff Member unless permission is granted by the Presiding Officer. No person shall be permitted to enter into any discussion, either directly or through a member of the Board without the permission of the Presiding Officer. • After everyone in the audience wishing to speak has given his/her comments, the Presiding Officer shall close the public hearing. • The Board will then discuss the proposal. No further public comments are allowed. • The Board will then make a recommendation(s) and/or a decision. When you are called upon for your comments, please step to the microphone at the podium and state your name and address for the record. Occasionally, the Board may continue a hearing to another meeting before taking action. Meeting Etiquette The Planning & Zoning Board must preserve order and decorum while the meeting is in session. A resident shall not, by conversation or otherwise, delay or interrupt the proceedings or the business of the Board, nor disturb any resident or Board Member while speaking or refuse to obey the orders of the Board. DRAFT MINUTES CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES PLANNING & ZONING BOARD MEETING I. CALL TO ORDER AND ROLL CALL: Chair Tralle called the Lino Lakes Planning and Zoning Board meeting to order at 6:30 P.M. on May 9, 2018. II. APROVAL OF AGENDA The Agenda was approved as presented. Mr. Tralle made a MOTION to approve the May 9, 2018 agenda. Motion was supposed by Mr. Root. Motion carried unanimously. III. SWEARING IN OF BOARD MEMBERS Mayor Reinhart was present to swear in Paul Tralle, Sue Peacock, and Michael Ruhland. IV. APPROVAL OF MINUTES Mr. Laden made a MOTION to approve the April 11, 2018 Meeting Minutes. Motion was supported by Mr. Stimpson. Motion carried 5- 0. V. OPEN MIKE Chair Tralle declared Open Mike at 6:31 P.M. DATE : May 9, 2018 TIME STARTED : 6:30 P.M. TIME ENDED : 9:49 P.M. MEMBERS PRESENT : Perry Laden, Paul Tralle (Chair), Neil Evenson, Michael Root, Jeremy Stimpson, Michael Ruhland, Sue Peacock STAFF PRESENT : Michael Grochala, Katie Larsen, Diane Hankee, Mara Strand, Ryan Saltis Planning & Zoning Board May 9, 2018 Page 2 DRAFT MINUTES There was no one present for Open Mike. Mr. Laden made a MOTION to close Open Mike at 6:32 P.M. Motion was supported by Mr. Evenson. Motion carried 6 - 0. VI. ACTION ITEMS A. Continued Public Hearing: Nature’s Refuge Rezoning and PUD Development Stage Plan/Preliminary Plat Katie Larsen, City Planner, presented the continuation of the public hearing regarding Nature’s Refuge. Staff addressed questions from the Board: • Chair Tralle stated that there was a boardwalk previously proposed o Applicant confirmed there will not be a boardwalk • Mr. Laden asked about a temporary cul de sac and stub streets o Ms. Hankee stated that the city does require that the applicant shows temporary cul de sacs in their plans • Mr. Stimpson asked about plans and timeline for the property to the north o Ms. Larsen stated that it is a different property owner but applicant submitted a ghost plat • Mr. Evenson asked who determined the danger of school buses going through • Chair Tralle stated that he would like to see the bike trail go through Chair Tralle opened the public hearing at 6:59 P.M. There were no public comments. Mr. Laden made a MOTION to close to the Public Hearing regarding Nature’s Refuge. Motion was supported by Mr. Evenson. Motion carried 6-0. Keith Duffy (applicant), 10500 Bren Road East, Minnetonka, MN 55343, was present. Mr. Root made a MOTION to approve Nature’s Refuge Rezoning and PUD Development Stage Plan/Preliminary Plat with conditions. Motion was supported by Mr. Laden. Motion carried 6-0. B. Public Hearing: Saddle Club 4th Addition Rezoning and PUD Development Stage Plan/Preliminary Plat Katie Larsen, City Planner, presented the staff report regarding Saddle Club 4th Addition. The proposed residential development is an 8 lot single family conservation subdivision located north of Foxborough and west of Saddle Club. It contains 1 Planning & Zoning Board May 9, 2018 Page 3 DRAFT MINUTES parcel totaling approximately 5.25 gross acres. The development is called Saddle Club 4th Addition. Staff addressed questions from the Board: • Mr. Evenson asked about leaving buckthorn as a temporary screen, what is it screening? o Ms. Larsen stated that Mr. Asleson did not see this as a clear cutting situation and they will ask questions regarding buckthorn • Mr. Root noted that connectivity between neighborhoods is critical to distribute traffic • Chair Tralle recommended removing buckthorn Chair Tralle opened the public hearing at 7:25 P.M. • Richard Holmes (Josh), 825 Fox Road o Two young daughters, one being hard of hearing o Concern around increase in traffic o Understands the issue with connecting neighborhoods for Emergency vehicle purposes, but states there are already multiple entrances to neighborhood o Cutting through a conservation area when it is not needed o Unnecessary risk • Paul Fischer, 916 Saddle Club Court o Concern around north side Foxborough neighborhood residents using road to reach Saddle Club • Kim Kassekert, 910 Saddle Club Court o Ponds are getting deeper o Company came in and sprayed o Is this area still going to be the preserve? Board and Staff addressed public hearing comments • Cannot change speed – regulated by MNDOT • Streets are not places for kids to play, streets are for transportation • Connection of two neighborhoods will happen • All you can do is to ask neighbors to slow down • Mr. Grochala commented on wetland areas • Board members relayed their similar situation with the road going through residential neighborhood • Street was previously signed stating that the road would continue through to connect neighborhoods • Lino Lakes is a developing community Mr. Laden made a MOTION to close to the Public Hearing regarding Saddle Club 4th Addition. Motion was supported by Mr. Evenson. Motion carried 6-0. Planning & Zoning Board May 9, 2018 Page 4 DRAFT MINUTES Mr. Evenson made a MOTION to approve Saddle Club 4th Addition Rezoning and PUD Development Stage Plan/Preliminary Plat with removal of buckthorn in the early stages of development. Mr. Laden seconded. Motion carried 6-0. C. Public Hearing: Zoning Ordinance Text Amendment Regarding Community Solar Gardens Kendra Lindahl, Landform, presented the staff report regarding Community Solar Gardens. The applicant, Lino Lakes Solar LLC, submitted a zoning ordinance text amendment application to allow Community Solar Gardens in the City. Typically, this type of development requires a minimum of five acres of land for installation of solar panels and the associated infrastructure. Mr. Grochala explained why a public hearing was appropriate at this point in the process. Staff addressed questions from the Board: • Mr. Laden asked who can buy into Community Solar Gardens o Ms. Lindahl stated if you are an Xcel Energy customer, you can subscribe to their solar program • Mr. Laden is in favor in trying to make community solar gardens happen in Lino Lakes • Mr. Root thought that by limiting the maximum amount of megawatts for a solar garden prevents newer technologies in the future to expand (1 Megawatt maximum) • Mr. Root acknowledged the maintenance of the property (weeds, plants etc.) • Ms. Peacock addressed the panels durability and to not put near golf courses due to possible damage • Mr. Stimpson asked if Lino Lakes is proposing for solely Xcel or for both providers (Xcel and Connexus) o Ms. Lindahl suggested thinking for both providers and looking at the city as a whole • Mr. Stimpson expressed personal apprehension around pursuing due to the amount of land it would take up • Mr. Grochala stated that Xcel would want to be located nearby existing lines for distributing purposes which would possibly be straight through sought after land for developers o Mr. Evenson asked if Community Solar Gardens would be included in 30 year plan • Mr. Evenson asked what the dollar pay back is for solar rather than leasing out land for farming o Ms. Lindahl stated she only has anecdotal evidence but the landowners she has talked to are very happy that they have leased their land for solar purposes • Mr. Evenson mentioned the difficulty removing the footings and panels Planning & Zoning Board May 9, 2018 Page 5 DRAFT MINUTES • Mr. Evenson asked if adding a solar farm could potentially delay development o Mr. Grochala stated that they might need an interim use permit for solar gardens due to a part time use of around 30 years • Chair Tralle stated that in Lino Lakes there is an abundance of marginal land o Does not make economic sense regarding taxes o Technology has advanced in 5 years, wait another 5-10 years to see what happens Chair Tralle opened the public hearing at 8:12 P.M. • Harold Galvin, applicant, addressed the Board questions and comments o Subscriptions – energy only available to county or adjacent county o Size – limited to 1 Megawatt (8 acres, power 300 homes) o Screening – comply with ordinance o Conditional Use Permit vs. IUP – 25 year investment o Glare –mitigate glare with trees or fences o Decommissioning – always a fear that a company would go bankrupt o Maintenance –company wants to upkeep maintenance because any kilowatt not produced per day costs the company money o Vegetation – shade tolerant, low growth, shift to pollinator o Location – wants to be close to substations, they connect to electrical lines o Time period – needs to be a fixed time period of roughly 25 years in order to make money • Board asked applicant o Mr. Evenson asked about the bankruptcy  Mr. Galvin responded by saying that American companies couldn’t compete with economies of scale, such as China, who can produce the panels for much cheaper o Mr. Stimpson asked what the urban/rural percentages are for total solar garden usage  Mr. Harold stated it depends on the County, majority is rural o Chair Tralle asked the location applicant is looking to put solar gardens  Mr. Grochala stated they would have to look into further o Mr. Ruhland asked about ample acreage to allow for setbacks and buffer  Mr. Galvin stated that the buffer zone is built into the proposed 8 acres There were no public comments. Mr. Stimpson made a MOTION to close to the Public Hearing regarding Community Solar Gardens. Motion was supported by Mr. Ruhland. Motion carried 6-0. Planning & Zoning Board May 9, 2018 Page 6 DRAFT MINUTES Roll Call Conversation • Ms. Peacock - like putting idea in front of City Council and being progressive • Mr. Root - continue to research solar gardens and potential it could have on the City of Lino Lakes • Mr. Evenson - continue to look into solar power • Mr. Laden - in favor of looking at Community Solar Garden in Urban Reserve Areas, outside of 25 year plan so that it has the least tax impact • Mr. Ruhland - to hear specifics and proposed location, against placing solar gardens in any residential or industrial zoning areas • Mr. Stimpson - opposed to staying within Xcel plan, recommend putting in 2040 and 2050 development plan, not best use to tie up developable land • Mr. Tralle - send to City Council, currently opposed, need to know location specifics Ms. Peacock made a MOTION to provide a recommendation to City Council on whether or not staff should prepare a draft for Community Solar Gardens. Mr. Evenson seconded. Motion carried 6-0. D. Public Hearing: Zoning Ordinance Text Amendment Regarding Air Park Accessory Building and Lot Access Performance Standards Michael Grochala, Community Development Director, presented the staff report regarding Air Park Accessory Building and Lot Access Performance Standards. Within the City of Lino Lakes are two unique residential developments that are constructed around private airports. Both Lino Air Park/Century Farm North and Surf Side Addition provide for the construction of airplane hangars and taxiway access to the airports. The City Council directed staff to work with the Air Park to develop a solution that would accommodate the needs of the property owners. Staff addressed questions from the Board: • Mr. Stimpson asked for clarification regarding parking area, parking stalls, and location • Mr. Grochala stated that Airpark ordinance doesn’t address parking and need to get back to determining how it is zoned regarding paved surfaces • Chair Tralle asked if both of the air parks are CUP’s o Mr. Grochala stated Surfside Sea Plane Base is a CUP but Surf Side Addition is not o Lino Lakes Air Park is a CUP and a portion of it is – part of Century Farms North is a PUD • Mr. Laden asked if there are any lots where the side yard is reducing to 3 ft that abut residential neighborhoods • Mr. Grochala stated that there would be a few lots Chair Tralle opened the public hearing at 8:52 P.M. Planning & Zoning Board May 9, 2018 Page 7 DRAFT MINUTES • Tom Schmelzer, 398 Carl Street o Lino Air Park works hard to be good citizens of Lino Lakes and to promote aviation in a residential setting o A large concern was the surfaces are turf – good for aircrafts but not for vehicles o It is important that they have proper access from the roads to the hangers to limit vehicles on runways • Bruce Hanson, 6980 Lake Drive o Owner of Surf Side o One homeowner doesn’t want people driving through their yard to reach the hanger o In favor of the proposal • Dean Quimby, 335 Thomas Street o Concern to connect driveway to hanger is against what the initial plans were o Allows for cars and children to access runway • Tim Collin, 7784 Arabian Circle o This is an elective process, not mandatory Mr. Evenson made a MOTION to close to the Public Hearing regarding Air Park Accessory Building and Lot Access Performance Standards. Motion was supported by Mr. Laden. Motion carried 6-0. Mr. Root made a MOTION to recommend to City Council and adopt a zoning and text amendment by adding 1007.057 establishing Air Park Hanger Access and Performance Standards. Mr. Evenson seconded. Motion carried 6-0. E. Public Hearing: Comprehensive Plan Amendment to Land Use Plan and Sanitary Sewer Plan-Ash Street Parcels Diane Hankee, WSB, presented the staff report regarding Ash Street Parcels. Staff is recommending amendments to the City’s 2030 Comprehensive Plan to allow for the potential of four existing homes along Ash Street to connect onto existing sewer lines. Staff addressed questions from the Board: • Mr. Evenson asked about the four specific properties and if properties on the east are already connected to sewer lines o Ms. Hankee stated that there is a large wetland to the north and that a developer would have to buy the land there first in order to extend sewer lines o Geography plays a large role in this Planning & Zoning Board May 9, 2018 Page 8 DRAFT MINUTES Chair Tralle opened the public hearing at 9:11 P.M. There were no public comments. Mr. Evenson made a MOTION to close to the Public Hearing regarding Comprehensive Plan Amendment to Land Use Plan and Sanitary Sewer Plan-Ash Street Parcels. Motion was supported by Mr. Stimpson. Motion carried 6-0. Mr. Stimpson made a motion to approve the amendments to the Comprehensive Plan regarding land use plans and sanitary sewers plans. Motion carried 6-0. VI. DISCUSSION ITEMS A. Accessory Outdoor Dining or Seating Facilities Ordinance Katie Larsen, City Planner, presented the Accessory Outdoor Dining or Seating Facilities Ordinance staff report. Staff addressed questions of the Board • Mr. Evenson asked if the City has increased the required number of parking spots – referring to Fiesta Cancun parking o Ms. Larsen stated that they have a parking deferment and overflow parking on street • Mr. Evenson asked the what neighboring Cities are requiring o Ms. Larsen stated that each City is different in required parking • Mr. Evenson stated it is more of a choice – customers sit inside or outside • Ms. Peacock acknowledged Subway and Kohl’s additional parking • Mr. Ruhland asked who owns property north of Subway o Ms. Larsen stated Eagle Liquor has now built on that land and occupies half of the building • Mr. Stimpson stated that he knows of restaurants that have opened outdoor areas and host events in the summer and it has created parking problems • Mr. Root stated additional parking needs to be considered • Mr. Laden favors striking the parking requirement, as it is seasonal • Mr. Evenson stated there should be some limit • Ms. Peacock asked if there can be “if there is an issue” wording • Mr. Stimpson stated it needs to be guided • Ms. Peacock suggested looking at available spaces in other businesses parking lots o Mr. Grochala stated it would be a competition of who’s customers get there first • Chair Tralle stated it comes down to location as this ordinance was in place when the restaurant moved in • Mr. Laden suggested a threshold – square footage or number of seats Planning & Zoning Board May 9, 2018 Page 9 DRAFT MINUTES • Mr. Evenson doesn’t think there should be parking regulations for outdoor dining B. Project Updates • 49/County Road J – Lyngblomsten senior facility and restaurant VII. ADJOURNMENT Mr. Stimpson made a MOTION to adjourn the meeting at 9:49 P.M. Motion was supported by Mr. Ruhland. Motion carried 6 - 0. Respectfully submitted, Mara Strand and Ryan Saltis 1 PLANNING & ZONING BOARD AGENDA ITEM 5A STAFF ORIGINATOR: Katie Larsen, City Planner Ryan Saltis, Community Development Intern P & Z MEETING DATE: June 13, 2018 REQUEST: Public Hearing: Zoning Ordinance Text Amendment Regarding Parking Requirements for Accessory Outdoor Dining or Seating Facilities CASE NUMBER: TA2018-004 APPLICANTS: City Initiated OWNERS: N/A REVIEW SCHEDULE: Complete Application Date: NA Environmental Board Meeting: NA EDAC Meeting: NA Park Board Meeting: NA P & Z Board Meeting: June 13, 2018 City Council Meeting: July 9, 2018 60-Day Review Date: NA 60-Day Extension: NA BACKGROUND Don Julio’s Mexican Restaurant, located at 701 Apollo Drive, submitted plans to construct a 1,000 sf outdoor dining patio along the south side of their building. Under current City Ordinance 1007.054(2)(h), the restaurant would be required to provide additional off-street parking spaces due to the increased outdoor dining area. Being located in the Lino Lakes Marketplace, Don Julio’s has a designated number of parking spaces for their business and would be unable to expand the number of parking stalls needed to comply with Lino Lakes Ordinance 1007.044, Off-Street Parking. 2 At the May 9, 2018 Planning & Zoning Board meeting, staff presented a discussion item to the Board regarding the issue. The Board directed staff to continue research regarding Accessory Outdoor Dining. It should be noted that a zoning ordinance text amendment would apply to all restaurants in the City, not just Don Julio’s. ANALYSIS Section 1007.054 of the City Zoning Ordinance establishes standards for Accessory Outdoor Dining or Seating Facilities. (2)(h) When the outdoor dining/seating is accessory to a restaurant, additional off-street parking shall be required, pursuant to the requirements set forth in 1007.044 of this Ordinance, based on the additional seating provided by the outdoor area. Section 1007.044(6) established the number of parking spaces required. (r) Restaurants, Cafes, Private Clubs Serving Food and/or Drinks, Bars, On-Sale Nightclubs. Ten (10) spaces for each one thousand (1,000) square feet of dining room, plus one (1) space for each employee of the maximum work shift. Based on these current City ordinances, a restaurant would be required to provide additional parking stalls due to increased square footage of their restaurant’s outdoor dining area. Outdoor dining is treated the same way as indoor dining and would follow the same ordinance 1007.044(6)(r), whereas for every 1,000 square feet of dining room, there needs to be 10 additional parking stalls. Staff has researched city ordinances around the Lino Lakes area regarding accessory outdoor dining and found a variety of ways in how it is addressed. City of Shoreview: No specific regulations for outdoor dining parking. Applicant must go through a site and building review process through the Planning Commission and City Council where parking would be addressed. City of Blaine: Parking for outdoor dining is calculated the same as indoor dining (1 parking stall for every 100 sf of dining area). However, they do reasonable adjustments because the use is seasonal. City of Forest Lake: Outdoor dining currently does not require additional parking spaces. The City’s focus has been mainly on indoor seating which requires 1 parking space per 2.5 seats. Not requiring additional parking for outdoor dining seems to be working as of now but in the future might need to change if it becomes an issue due to more intensive development. City of Coon Rapids: Coon Rapids requires additional parking for outdoor dining (same as indoor dining ordinance). If the applicant/business believes there is reason where they do not 3 need additional parking, they need to have proof and documentation. The matter would then be discussed with the Planning Commission. Proposed Amendment Staff proposes an amendment to Section 1007.054 that would relate specifically to parking requirements for outdoor dining areas that exceeds over 500 square feet in size. The current ordinance requires 10 spaces for each 1,000 sf of dining area. Staff suggests using 500 sf as a base because it is half of the 1,000 sf standard. Outdoor dining is seasonal and the rationale for allowing less parking is because customers that would normally be sitting inside are now sitting outside. The amendment includes the following: 1. For accessory outdoor dining/seating areas that are 500 square feet or less in size, no additional off-street parking spaces shall be required. 2. For accessory outdoor dining/seating areas that are greater than 500 square feet in size, one (1) additional parking space for every 100 square feet of outdoor dining area in excess of 500 square feet shall be required. For Example: • A 400 sf outdoor dining area = 0 additional parking spaces required • A 600 sf outdoor dining area = 600 sf - 500 sf allowed = 100 sf 100 sf/100 = 1 additional parking space required This would allow for outdoor dining areas, side walk cafés and seasonal patio seating 500 square feet or less while still addressing parking demand for more destination oriented outdoor seating. RECOMMENDATION Staff recommends approval of the zoning ordinance text amendment to Section 1007.054. ATTACHMENTS 1. Proposed Ordinance No. XX-18 4 Draft Ordinance No. XX-18. §1007.054 ACCESSORY OUTDOOR DINING OR SEATING FACILITIES. (1) Purpose and Intent. The purpose of this section is to provide standards for the establishment and use of accessory outdoor dining or seating facilities that are intended for consumption of food or beverages purchased at the principal use on the site. This section is intended to apply to dining or seating facilities associated with and accessory to principal uses such as restaurants and retail establishments that offer food or beverages, whether or not service is provided to the outdoor seating area. This section is not intended to apply to outdoor seating such as park benches or picnic tables in parks or other public gathering and recreation areas. When an administrative permit for outdoor dining or seating is required, it may be incorporated into another approval such as but not limited to a site plan, planned unit development, or building permit. (2) Requirements. (a) The applicant shall submit a site plan and other pertinent information demonstrating the location and type of all tables, chairs, benches, refuse receptacles, wait stations, fencing, planters, and other elements of the outdoor area. This submittal information must sufficiently demonstrate that all requirements are met. The information can be included as part of a submittal for another permit or approval. (b) If alcoholic beverages are served or consumed in the outdoor area, the proper license required by Chapter 700 of the City Code must be current. (c) All lighting be hooded and directed away from adjacent residential uses in accordance with §1007.043 (6) of this Ordinance. (d) The site plan shall demonstrate that pedestrian circulation is not disrupted as a result of the outdoor dining/seating area by providing the following: 1. The outdoor dining/seating area shall be at least partially segregated from through pedestrian circulation by means of temporary or permanent fencing, bollards, ropes, plantings, or other methods. If the outdoor seating consists of four or fewer tables and there is no outdoor service, this requirement may be waived if other requirements are met to sufficiently avoid disruption of circulation. 2. The minimum clear passage zone for pedestrians at the perimeter of the outdoor seating/dining area shall be at least five (5) feet without interference from tables, chairs, planters, parked motor vehicles, bollards, trees, tree gates, curbs, stairways, trash receptacles, street lights, parking meters, or the like. 5 3. Overstory canopy trees, umbrellas or other structures extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of seven (7) feet above the sidewalk. (e) The dining/seating area shall be surfaced with concrete, bituminous or decorative pavers or may consist of a deck with wood or other flooring material that provides a clean, attractive, and functional surface. (f) A minimum width of thirty-six (36) inches shall be provided within aisles of the outdoor dining/seating area. (g) Storage of furniture shall not be permitted outdoors between November I and March 31. Outdoor furniture that is immovable or permanently fixed or attached to the sidewalk shall not be subject to the storage prohibition of this section. However, any immovable or permanently fixed or attached furniture must be reviewed as part of the administrative permit application. (h) When the outdoor dining/seating is accessory to a restaurant, additional off-street parking shall be required, pursuant to the requirements set forth in §1007.044 of this Ordinance, based on the additional seating provided by the outdoor area. (h) Additional Off-Street Parking: 1. For accessory outdoor dining/seating areas that are 500 square feet or less in size, no additional off-street parking spaces shall be required. 2. For accessory outdoor dining/seating areas that are greater than 500 square feet in size, one (1) additional parking space for every 100 square feet of outdoor dining area in excess of the first 500 square feet shall be required. (i) The outdoor dining/seating area shall be designed to avoid potential conflict with motor vehicle parking or circulation. (j) Refuse containers shall be provided for self-service outdoor dining/seating areas. Such containers shall be placed in a manner which does not disrupt pedestrian circulation, and must be designed to prevent spillage and blowing litter. (k) The outdoor area shall be kept clean and otherwise maintained in an orderly, sanitary, attractive condition 1 PLANNING & ZONING BOARD AGENDA ITEM 5B STAFF ORIGINATOR: Katie Larsen, City Planner Ryan Saltis, Community Development Intern P & Z MEETING DATE: June 13, 2018 REQUEST: Public Hearing: Zoning Ordinance Text Amendment Regarding Performance Standards for Commercial Stables CASE NUMBER: TA2018-005 APPLICANTS: City Initiated OWNERS: N/A REVIEW SCHEDULE: Complete Application Date: NA Environmental Board Meeting: NA EDAC Meeting: NA Park Board Meeting: NA P & Z Board Meeting: June 13, 2018 City Council Meeting: July 9, 2018 60-Day Review Date: NA 60-Day Extension: NA BACKGROUND City staff received a complaint that a property has too many horses than permitted based on the zoning and acreage. The subject site has operated as a horse training and selling facility for the past 20 years and is considered a commercial stable under the zoning ordinance. The issue to be discussed is whether commercial stables should be allowed more animal units than standard rural zoning district uses. There are 2 commercial horse stables in Lino Lakes. Staff provides the following information regarding current ordinances and proposed amendments regarding animal units and commercial stables. ANALYSIS The City Zoning Ordinance establishes definitions, performance standards and zoning district uses for Animal Units, Commercial Kennels, and Commercial Stables. 2 Per Section 1007.001 Rules and Definitions: ANIMAL UNIT. A unit of measure used to compare differences in the production of animal manure that employs as a standard the amount of manure produced on a regular basis by a slaughter steer or heifer for an animal feedlot or a manure storage area, calculated by multiplying the number of animals of each type by the respective multiplication factor and summing the resulting values for the total number of animal units. For purposes of this chapter, the following multiplication factors shall apply. For animals not listed, the number of animal units is the average weight of the animal in pounds divided by 1,000 pounds. Animal Animal Unit Dairy Cattle Mature Cow (1,000 pounds or over) 1.4 Mature Cow (Under 1,000 pounds) 1.0 Heifer .7 Calf .2 Beef Cattle Slaughter Steer or Stock Cow 1.0 Feeder Cattle or Heifer .7 Cow and Calf Pair 1.2 Calf .2 Swine Over 300 pounds 0.4 Between 55 and 300 pounds 0.3 Under 55 pounds 0.05 Horse 1.0 Sheep or Lamb .1 Chicken (Liquid Manure System) .0333 Chicken (Dry Manure System) 5 pounds or over .005 Less than 5 pounds .003 Turkey 5 pounds or over .018 Less than 5 pounds .005 Duck .01 ANIMALS, DOMESTIC. Any animal commonly accepted as a domesticated household pet. Unless otherwise defined, such animals shall include dogs, cats, caged birds including pigeons, gerbils, hamsters, guinea pigs, domesticated rabbits, fish, non-poisonous, non- venomous and non-constricting reptiles or amphibians, and other similar animals. ANIMALS, FARM. Any animal commonly associated with a farm or performing work in an agricultural setting. Unless otherwise defined, such animals shall include members of the 3 equestrian family (horses, mules), bovine family (cows, bulls), sheep, poultry (chickens, turkeys), fowl (ducks, geese), swine (excluding Vietnamese pot-bellied pigs), goats, bees, and other animals associated with a farm, ranch, or stable. Farm animals such as horses are permitted uses in the R, Rural, R-X, Rural Executive and R-BR, Rural-Business Reserve subject to the following: Keeping of farm animals of up to three hundred (300) animal units in conformance with Chapter 503. No more than one (1) animal unit per two (2) acres. Commercial stables are allowed with a conditional use permit in the R, Rural, R-X, Rural Executive and R-BR, Rural-Business Reserve subject to the following: Commercial Stables, Commercial Kennels, and similar uses provided that: 1. The applicable provisions of Chapter 503 are determined to be satisfied. 2. Property shall be in conformance with minimum lot size requirements of this zoning district. 3. Cages, enclosures, and housing facilities shall be a minimum of 50 feet from any neighboring habitable dwelling and 100 feet from any property line, or located in the middle of the parcel, whichever is greater. Chapter 503 of the City Code relates to Animal Control Regulations. Based on the current zoning ordinance, rural parcels are not allowed to exceed one (1) animal unit per two (2) acres of land. According to the definition of an animal unit, horses are considered 1.0 animal unit. For example, the subject site is 8 acres and they would be allowed to have 4 animal units or in this case, 4 horses. The existing commercial horse operation has as many as 15 horses on site. Staff has researched nearby city ordinances in regards to animal units, commercial kennels and commercial stables. City of Corcoran: • Properties of less than 3 acres, but at least one-half acre, are allowed to have 0.5 Animal Unit Equivalent per 1 acre. o For example, 1 animal unit is allowed on 2 acres and 2 animal units are allowed on 3 acres. • For each additional whole acre over 3 acres, 1 additional Animal Unit Equivalent is permitted. o For example, 9 animal units are allowed on 10.0-10.9 acres. o There are no animal unit restrictions on parcels greater than 30 acres. 4 • A conditional use permit is required for Commercial Riding Stables subject to the animal unit provisions of Chapter 81. City of Hugo: • Commercial horse training and boarding facilities are conditional use permits in the Agricultural, Rural Residential and Future Urban Service districts subject to Section 90- 233. • Sec. 90-233. - Horse training and boarding facilities. (a) It is unlawful for any person to construct or operate a horse training and/or boarding facility in the city, except in accordance with these regulations. (b) Horse training and boarding facilities offering services to the public, and having the facilities to maintain or care for ten or more horses, must have their principal entrance located on a state highway, county road, or city collector street. (c) The requirements for the keeping of livestock found in this chapter must be met. (d) Horse training facilities may not be used for human living quarters, the preparation of meals, or for similar personal living activities, except as allowed in subsection (e) of this section. (e) Other provisions of this chapter notwithstanding, commercial horse training facilities may provide living quarters for one employee. Such living quarters may be located in the stable. Living quarters for the employees shall meet the standards of the state building code and comply with the standards for an accessory apartment found in this chapter. (f) Other provisions of this chapter notwithstanding, horse training and boarding facilities may be issued a conditional use permit to sell horse care and riding supplies at retail. (g) Horse training facilities that offer boarding, training, or other services to the public shall provide sanitary facilities for the public's use. The sanitary facilities must be constructed in accordance with the state building code, and connected to an individual sewage treatment system or the municipal sanitary sewer system. • Sec. 90-241. - Livestock and poultry. (a) It is unlawful for any person to keep or maintain any animal, domestic or nondomestic, in the city, except in conformance with the requirements of this section. (b) Domestic livestock and poultry may be kept or maintained in the agricultural, long- term agricultural, future urban service, and rural residential zoning districts on parcels of land of five acres or more in size. Two animal units shall be allowed for the first five acres of land, and one additional animal unit shall be allowed for each acre of land in excess of five acres. On parcels of land less than five acres in the agricultural, long-term agricultural, future urban service, and rural residential zoning districts, up to five chickens may be kept or maintained, all of which may not be roosters. For the purposes of this subsection (b), the following conditions shall apply: (1) Adjacent parcels of land under common ownership may be combined to determine the maximum number of animal units allowed, if the parcels are operated as a single enterprise. (2) In instances where a parcel of land consists of a fraction of an acre, the property size shall be rounded down to the nearest whole number to determine the number of animal units allowed. 5 (c) The Comparison of Livestock Units table, shows the animal units for common domestic livestock. For all other livestock, the animal units will be computed by dividing the average weight of the animal by 1,000 pounds. Comparison of Livestock Units Animal Animal Units Mature dairy cow 1.4 Slaughter steer or heifer 1.0 Horse 1.0 Swine over 55 pounds 0.4 Goose or duck 0.2 Goat or sheep 0.1 Swine under 55 pounds .05 Turkey .018 Chicken .01 (d) Up to double the animal unit density may be allowed by conditional use permit subject to an approved facility management and waste-handling plan. (e) Buildings housing domestic livestock, including barns, stables, sheds, and similar facilities shall be located no nearer than 100 feet from any inhabited, neighboring dwelling. (f) All domestic livestock shall be kept in an enclosure, such as a barn, stable, paddock, or fenced-in area sufficient to retain the animals on the owner's property. (g) Within the agricultural and long-term agricultural zoning districts, open enclosures, such as paddocks, corrals, and other fenced-in areas used to maintain domestic livestock, may be located on any property line insofar as they do not obstruct traffic safety on any public roadway. (h) Use of the University of Minnesota's Agricultural Extension Service's best management practices for animal waste shall be encouraged. This subsection (h) shall not prohibit the spreading of animal waste for disposal on farm fields located in the agricultural and long-term agricultural zoning districts, or in the rural residential district on parcels of land exceeding ten acres in size, in accordance with common agricultural practice. (i) Nondomestic animals, wildlife, and rare exotic animals may be maintained in the city upon issuance of a conditional use permit. As a minimum, United States Department of Agriculture guidelines will be followed for the care, maintenance, housing, and security of such animals. RECOMMENDATION Staff proposes amending the City’s current rural zoning districts and drafting a new general provisions section of the zoning ordinance that would relate specifically to commercial stables. 6 Proposed amendment to Section 1007.080 R, Rural District, Section 1007.081 R-X, Rural Executive District and Section 1007.131 R-BR, Rural Business Reserve: (7) Conditional Uses. The following are conditional uses in the R District. These uses require a conditional use permit based on the standards and procedure outlined in §1007.016 of this Ordinance. (d) Commercial Stables, Commercial Kennels, and similar uses provided that: 1. The applicable provisions of Chapter 503 are determined to be satisfied. 2. Property shall be in conformance with minimum lot size requirements of this zoning district. 3. Cages, enclosures, and housing facilities shall be a minimum of 50 feet from any neighboring habitable dwelling and 100 feet from any property line, or located in the middle of the parcel, whichever is greater. (e) Commercial Stables as regulated by Section 1007.058 of this Ordinance. 7 Proposed new general provisions ordinance language: § 1007.058 COMMERCIAL STABLES (1) Purpose. The purpose of this section is to provide performance standards for the operation of commercial stables. (2) Definitions. The following definitions apply to this section: Commercial Stable. A commercial stable is any structure or place where: 1. Horses, mules, donkeys, or ponies are kept for riding, driving, or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment, or 2. The stabling, boarding, training, and feeding of horses takes place. (3) General Standards. The following standards shall apply to all commercial stables: (a) Commercial stables offering services to the public, and having the facilities to maintain or care for ten (10) or more horses, must have their principal entrance located on a state highway, county road, or city collector street. (b) Commercial stables that offer boarding, training, or other services to the public shall provide sanitary facilities for the public’s use. The sanitary facilities must be constructed in accordance with the state building code, and connected to an individual sewage treatment system or the municipal sanitary sewer system. (c) Adjacent parcels of land under common ownership may be used to determine the maximum number of animal units allowed, if the parcels are operated as a single enterprise. a. In instances where a parcel of land consists of a fraction of an acre, the property size shall be rounded down to the nearest whole number to determine the number of animal units allowed. (d) Up to double the animal unit density may be allowed by conditional use permit subject to an approved facility management and waste handling plan. (e) Buildings housing domestic livestock, including barns, stables, sheds, and similar facilities shall be located no nearer than 100 feet from any inhabited, neighboring dwelling. ATTACHMENTS None.