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HomeMy WebLinkAbout10/13/2010 P&Z Minutes APPROVED MINUTES CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES I. CALL TO ORDER AND ROLL CALL: Chair Tralle called the Lino Lakes Planning and Zon ing Board meeting to order at 6:30 p.m. on October 13, 2010. II. APROVAL OF AGENDA The Agenda was approved as amended. III. APPROVAL OF MINUTES: September 8, 2010 Mr. Nelson made a MOTION to approve the September 8 , 2010 Minutes. Motion was supported by Mr. Hyden. Motion carried 5 - 0. IV. OPEN MIKE Chair Tralle declared Open Mike at 6:33 p.m. There was no one present for Open Mike. Mr. Laden made a MOTION to close Open Mike at 6:34 p.m. Motion was supported by Mr. Hyden. Motion carried 5 - 0. DATE : October 13, 2010 TIME STARTED : 6:30 P.M. TIME ENDED : 8:00 P.M. MEMBERS PRESENT : Neil Evenson, Michael Hyden, Pe rry Laden, Robert Nelson, Michael Root, Paul Tralle (Chair) MEMBERS ABSENT : Brian Pogalz (Vice Chair) STAFF PRESENT : Jeff Smyser Planning & Zoning Board October 13, 2010 Page 2 APPROVED MINUTES V. ACTION ITEMS A. CONTINUED PUBLIC HEARING to consider amending the Z oning Ordinance to add requirements for Temporary Outdoor Sales Lots, Farmer’s Markets, and Community Gardens City Planner, Jeff Smyser, presented the staff repo rt. COMMUNITY GARDENS Board Members were overall supportive of allowing c ommunity gardens in the city. They acknowledged that community gardens are succes sful in other cities, and may be a benefit to the community and an opportunity for res idents to meet each other. Board members suggested that the city could start with a temporary location and if successful, consider a permanent location for the future. Some concerns included: • Neighboring commercial businesses may consider a co mmunity garden as blight on a commercial lot. The City should protect exist ing businesses and consider allowing neighboring businesses the ability to peti tion against the use. • Once a use has been allowed on a property, it is of ten hard to remove the use. • Parking and traffic flow. • What is City’s liability? What city services will be needed and costs associated? • Who will provide and pay for water service? • Who would administer the garden? City staff or a v olunteer organization? How much staff involvement? • Could it hinder future development of the property? City would need to make it clear that the garden is a temporary use, possibly by use of signage on the property. • Residents who participate in the garden would need to be aware that the property may be developed at some time at which time the gar den will be removed. Staff agreed to draft policy language for community gardens that address the concerns of the board to bring back to the next meeting for rev iew. Chair Tralle reopened the Public Hearing at 6:54 p.m. FARMER’S MARKETS Staff explained that a Farmer’s Market could be all owed with a Special Event Permit that the city currently issues. Specific zoning distric ts could be defined for this use. Planning & Zoning Board October 13, 2010 Page 3 APPROVED MINUTES Staff considers a Farmer’s Market to be an organize d event of which a single responsible party would be in charge. The city would not issue permits to individual vendors, but instead issue a Permit to the party in charge who w ould carry the responsibility. The city wants to ensure that potential impacts are dealt wi th. Board Members discussed the difference between a Fa rmer’s Market and a Flea Market. Members agreed that the items sold should be at the discretion of the party in charge of applying for the permit. For the purpose of ordinance and permit language, i t was suggested that the use be listed as a Farmer’s/Flea Market, and specified at the tim e of application. Staff agreed to draft policy language that would al low a Farmer’s Market with a Special Event Permit, and include amended language to the z oning ordinance to allow such use. TEMPORARY OUTDOOR SALES Staff explained that a Transient Merchant License c ould be issued for a single vendor request for Temporary Outdoor Sales, to include roa dside stands for the sale of goods. Staff described that currently a Transient Merchant License is issued for door to door sales vendors. Applications are reviewed by the ci ty clerk and a background check is conducted through the police department. This prov ides safety for residents and ensures that the seller is aware of city regulations. SALES OF PRODUCE GROWN ON SITE Staff explained that the MN Constitution prohibits cities from requiring a license for someone who wants to sell produce grown on his own property. The city attorney advised that the city can, however, regulate place and time of such activity. The city could require a Zoning Permit, which would include a simple review of the property and ensure that the property owner is aware of such sal es. Board members thought that the issuance of a Transi ent Merchant License for temporary outdoor sales and a Zoning Permit for sales of prod uce grown on a vendor’s property seemed appropriate. Staff agreed to draft language for Temporary Sales allowed by a Transient Merchant License as well as with a Zoning Permit. OUTDOOR SALES LOTS Staff would like to clarify the city’s existing zon ing ordinance language that currently addresses outdoor sales lots. The intent of the cu rrent section was written specifically to address the sales of motor vehicles, however it is not stated so in the ordinance. To clarify future interpretation of the ordinance, sta ff was suggesting an amendment to the Planning & Zoning Board October 13, 2010 Page 4 APPROVED MINUTES ordinance text to specify the use. Board members h ad no issues with the suggested change. Staff will draft amended ordinance language to addr ess this issue for clarification and bring back to the board for review. No one was present to speak at the public hearing. Mr. Hyden made a MOTION to continue the Public Hearing to the November Mtg. at 7:28 p.m. Motion was supported by Mr. Nelson. Motion passed 5 - 0. VI. DISCUSSION ITEMS A. Outdoor Storage in the General Business Zone Staff informed the board that the city received a r equest from a property owner in the General Business zone to allow outdoor storage as a business. Utilities are currently unavailable to the site, which limits the type of u ses that can occur. Outdoor storage is not a use currently allowed in t he GB Zone. Outdoor storage is allowed as an accessory use in certain zoning distr icts. Additionally, many of the allowable uses in the GB district prohibit outdoor storage. Staff informed the applicant that the P&Z Board and the City Council could informally discuss the issue and provide some direction prior to the applicant spending money to submit an official application to request an ordina nce amendment. Staff was seeking direction from the board as to wh ether they would consider allowing outdoor storage as a business in a general business zone. Staff clarified that the applicant is not requestin g the use of self-contained storage units, but storage of items directly on the property. The board discussed the possibility of issuing an i nterim use permit to allow for outdoor storage. Staff pointed out that interim uses are o ften hard to remove. The consensus of board members was that the use mig ht be considered in an industrial zone, but a business zone was not the appropriate l ocation for this use. Staff stated that this item will be brought to a Co uncil Work Session for discussion. B. Conversion of Detached Townhome lots to Single Fami ly Detached lots in Century Farm North Development Staff explained that the approved plat for the Cent ury Farm North development included Planning & Zoning Board October 13, 2010 Page 5 APPROVED MINUTES an area of single family detached townhomes, which were considered marketable at the time of initial development. Since then, the marke t has changed, and the city has received a request from the builder and developer t o re-plat in order to convert four of the detached townhome lots to more typical single famil y detached lots. Staff explained that this would require a revised plat application, and that city staff is supportive of the request. Staff explained that as single family lots, these w ould be smaller than a standard lot size. However, the project is a Planned Unit Development that allows for a mix of life-cycle housing types and the proposed lot sizes would be a llowed. The number of dwelling units would not change, and the homes themselves wo uld be the same as the ones already planned for the lots. Staff added that the city will require that the Hom eowner’s Association is in agreement with the proposed change prior to an application su bmittal. Staff was seeking comments from the board regarding this request. Board member discussed the issue. Staff clarified that no specific architectural standards were required for these particular units. The City could require that architectural standards for the single family homes are consisten t with what currently exists in the development. Staff assured the board that this would not set a p recedent to allow for small lots on individual properties, as the purpose of a PUD is t o allow for such changes. The consensus of the board was that members were in favor of the change as proposed, and did not see a problem with an application for r equest of such change. VII. ADJOURNMENT Mr. Laden made a MOTION to adjourn the meeting at 8 :00 p.m. Motion was supported by Mr. Nelson. Motion carried 5 - 0. Respectfully submitted, Dawn Bugge Community Development Assistant