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HomeMy WebLinkAbout04/04/2010 Council Packet• WORK SESSION AGENDA CITY OF LINO LAKES Monday, January 4, 2010 CITY COUNCIL WORK SESSION Community Room (not televised) 5:30 P.M. (Mayor Reinert and Council Members O'Donnell and Rafferty take the oath of office before meeting) 1. Snowmobile /ATV Regulations (per Reinert & O'Donnell) oral report 2. Legacy Update 3. 2030 Comprehensive Plan Update III4. Home Occupation Ordinance Review 5. Annual Appointments 6. Labor Agreements (from 12/28 meeting) oral report 7. Retirement Incentive Question (from 12/28 meeting) oral report 8. City Administrator Search oral report Adjourn • • • WS — Item 2 WORK SESSION STAFF REPORT Work Session Item 2 Date: January 4, 2010 To: City Council From: Mary Alice Divine Re: Update on Legacy Project Background In 2007 the undeveloped properties owned by Hartford Group, the master developer of the Legacy at Woods Edge downtown project, went into foreclosure. The mortgage for the properties is held by a consortium of banks. The redemption period for the properties ends in May 2010, at which time they will go into tax forfeit. Staff has met with representatives from OSM, the current loan servicer, and the commercial broker from CB Richard Ellis who was retained by OSM to market the property. The representatives from OSM indicated that the consortium has no interest in redeeming the properties. To do so they would need to pay off the back taxes and assessments, interest and penalties. They contend that the property values have dropped below the redemption amount and due to the current economy, any buyer would likely have to carry costs on the land for 3 -5 years before development may occur. Staff and consulting attorney, Steve Bubul of Kennedy & Graven, have discussed options regarding the future of the properties. When the properties go tax forfeit, the back taxes are wiped clean, but the city can, at any time, place the assessments back on. The city has first rights to the property after forfeit; however, the city must demonstrate that it will be used for public purposes only. If the city does not take the property, or purchase the property at a value determined by the County Board, it will eventually be put up for public auction. This process can take considerable time. City staff and Mr. Bubul met with staff from Anoka County Property Tax Division in December. Mr. Bubul discussed the potential for obtaining a "deed in lieu" of forfeiture to avoid the necessity of forfeiture. He and the county have worked through such a transaction in the past, so there is precedent for this to occur. 1 County staff recommended that the city put together a proposal to demonstrate the advantages of this option versus the impact of eventual tax forfeiture. Since half of the property is within a TIF District, the county and school district won't be receiving taxes on that portion for a number of years. There are also advantages to the city and county if the city owns, markets and sells the property for eventual recovery of assessments and additional tax base, rather than having it sit idle for a longer period. Staff would begin this process by presenting the proposal initially to the County Board's Real Estate Committee. Staff also met with County Commissioner Rhonda Sivarajah to apprise her of the city's situation. Requested Council Direction Staff is seeking city council direction regarding moving forward with a proposal to Anoka County to pursue the "deed in lieu" of forfeiture. Attachment(s) None 2 • WS — Item 4 WORK SESSION STAFF REPORT Work Session Item 4 Date: Council Work Session, January 4, 2010 To: City Council From: Michael Grochala Re: Comprehensive Plan Update Background The City Council passed Resolution No. 09 -23 adopting preliminary approval of the 2030 Comprehensive Plan for submittal to the Metropolitan Council in June of 2009. The council action included the following changes to the draft plan: • Modification of the Comprehensive Plan forecasts resulting in the reduction of the cumulative 2030 household forecast by a total of 2,000 units. Accordingly, the change • resulted in the City's affordable housing goal being reduced from 1,275 to 560 units. • Modification of the Staging Plan to more closely monitor growth by dividing the 10 year staging areas into five year phases. • Modification of residential development densities as follows: • Low Density Residential 1.5 — 3.5 units per acre (no change) • Medium Density Residential 3.6 — 6.9 units per acre (instead of 3.6 to 7.9) • High Density Residential 7.0 —12.0 units per acre (instead of 8.0 or greater) The revised plan was submitted to the Metropolitan Council in August of 2009. At the request of Metropolitan Council supplemental materials were submitted in October and the plan submittal was determined to be complete. The plan was reviewed by the Metropolitan Council's Environmental Committee and Community Development Committee in November. On December 9, 2009 the Metropolitan Council completed its review of the Lino Lakes 2030 Comprehensive Plan update. The Council adopted the following actions: 1. Authorize the City of Lino Lakes to put its 2030 Comprehensive Plan Update into effect. 2. Adopt the revised population and employment forecasts. • 3. Advise the City to: 1 a. Continue to participate in the Council's Plat Monitoring Program b. Implement the advisory comments for Transportation, Surface Water Management, and Water Supply. 4. Approve the City of Lino Lakes Tier II Comprehensive Sewer Plan. Advisory Comments The Metropolitan Council's advisory comments included the following: Under Transportation: The City needs to be aware that the City's proposed functional classification system (Figure 6 -6) should be submitted to the Transportation Advisory Committee (TAC)- Planning Committee for approval. The following are minor technical corrections and updates regarding the transit system plan: 1. All references to route 255 need to be deleted, as Route 255 was discontinued in June 2009. 2. The Transit Service and Facilities map (Figure 6 -16) should show route 275 extended via County Road 14 to Lino Park and Ride and Lino Lakes City Hall Park and Ride in downtown. Service was suspended during the reconstruction of County Road 14, but it has been restored. 3. Table 6 -7: Lino Lakes Transit utilization to /from Minneapolis and St. Paul seems to describe transit usage by the entire population of Lino Lakes to Minneapolis and St. Paul. LEHD data shows the transit mode split of only that portion of the City's population that works in the downtowns and uses transit to commute. 4. The Transit Passenger and Support Facilities section should add the Lino Park and ride and the Lino Lakes City Hall Park and Ride in downtown. 5. The Park - and -Rides section describes a planned 600 -space Park and Ride at I -35E and CSAH 14. The anticipated capacity of this facility has been reduced from 600 spaces to 200 spaces. Under Surface Water Management: 1. The Rice Creek Watershed District has recently submitted their revised water shed management plan to the review authorities. The City should be aware that it will need to update its Surface Water Management Plan and submit it to the Council and to the watersheds for review for approval within two years of the Watershed District's plan being approved. Under Water Supply: 2 • • • • • • 1. The Council encourages the City to continue to promote wise water use with its customers through conservation education messages and programs. The transportation comments are being addressed by staff and consist of minor corrections. The other comments are merely advisory. The City has included funding in the 2010 budget for updating the Surface Water Management Plan. Council Direction Staff is requesting council direction on how they wish to proceed with final approval of the 2030 Comprehensive Plan update. Under state law the city must formally adopt the comprehensive plan within nine months of the Metropolitan Council's final action. Additionally, the City cannot adopt a modified plan without prior review and authorization from the Metropolitan Council. Proposed changes, if any, will need to conform with regional plans and be coordinated with Metropolitan Council. Attachments 1. Metropolitan Council Approval Letter dated December 10, 2009 2. Comp Plan supplemental materials dated October 6, 2009 • • tMetropolitan Council • December 10, 2009 Mike Grochala, Community Development Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 RE: City of Lino Lakes 2030 Comprehensive Plan — Final Action Metropolitan Council Review File No. 20653 -1 Metropolitan Council District 11, Georgeanne Hilker Dear Mr. Grochala: The Metropolitan Council completed its review of the City of Lino Lakes 2030 Comprehensive Plan (Update). The Council based its review on the staff's report and analysis (Business Item 2009 -412, attached). At its December 9, 2009, meeting, the Council found that the Update meets all of the Metropolitan Land Planning Act requirements; conforms to the regional system plans for transportation, waster resources management, and parks, is consistent with the 2030 Regional Development Framework, and is compatible with the plans of adjacent and affected jurisdictions. There, the City may place the Update into effect. The Council adopted the Advisory Comments and Review Record in the staff report and adopted the following actions: 1. Authorize the City of Lino Lakes to put its 2030 Comprehensive Plan Update into effect. 2. Adopt the revised the population and employment forecasts, as shown in Table 1 of the attached Review Record. 3. Advise the City to: a. Continue to participate in the Council's Plat Monitoring Program. b. Implement the advisory comments for Transportation, Surface Water Management, and Water Supply. 4. Approve the City of Lino Lakes Tier II Comprehensive Sewer Plan. Please consult the attached staff report for important information about the next steps that the City should take. Of particular importance are the Council's actions found on the first page, general Advisory Comments found on Page 2, and specific comments for technical areas found in the body of the report. www.metrocouncil.org 390 Robert Street North • St. Paul, MN 55101 -1805 • (651) 602 -1000 • Fax (651) 602 -1550 • TTY (651) 291 -0904 An Equal Opportunity Employer Mike Grochala, Community Development Director December 10, 2009 Page 2 of 2 If you have any questions, please do not hesitate to contact Lisa Barajas, Sector Representative, at 651- 602 -1895. Council staff sincerely appreciates the hard work and cooperation of the City's staff and consultants. Congratulations on a plan well done. Sincerely, Phyllis Ha fson, Manager Local Planning Assistance Attachment CC: Ciara Schlicting, Bonestroo Crystal Carlson, MHFA Tod Sherman, Development Reviews Coordinator, MnDOT Metro Division Georgeanne Hilker, Metropolitan Council District 11 Lisa Barajas, Sector Representative / Principal Reviewer Cheryl Olsen, Reviews Coordinator N: ICommDevILPAICommunitieslLino LakeslLetterslLino Lakes 2009 CPU 20653 -1 final action.doc • October 6, 2009 Phyllis Hanson, Manager Local Planning Assistance Metropolitan Council 390 Robert Street North St. Paul, MN 55101 Re: City of Lino Lakes 2030 Comprehensive Plan Update Response to Met Council Incomplete Letter Bonestroo File No. 586 -06107 Metropolitan Council Review File No. 20653 -1 Dear Ms Hanson: 2335 Highway 36 W St. Paul, MN 55113 Tel 651- 636 -4600 Fax 651- 636 -1311 www.bonestroo.com Bonestroo The City of Lino Lakes received a letter from the Metropolitan Council indicating that areas of the Comprehensive Plan update were incomplete for review. These areas included: forecasts, housing, land use, parks, and transportation. City staff and consultants met with Metropolitan Council staff on September 30, 2009 to discuss the incomplete items and the necessary information to submit in response to the incomplete letter. At the meeting, city representatives: ■ confirmed with Metropolitan Council staff that the city is using the System Statement forecasts for population and households and the revised employment forecasts agreed to in 2007/2008, submitted revised socio - economic forecasts allocated to Transportation Analysis Zones (TAZs), agreed to provide additional information regarding the net acres guided for Mixed Use, and agreed to provide additional information regarding existing and proposed regional trails. The purpose of this letter is to respond to the incomplete items by providing supplemental information for your review that was discussed at the September 30, 2009 meeting. The revised pages from the Comprehensive Plan update that contain the supplemental information are enclosed. Excerpts from the Metropolitan Council comments are shown in italics and are followed by the City's response to the information request. Forecasts, Housing, and Transportation Met Council Comments: In 2007 and 2008, Council staff and City staff discussed revisions of population and household forecasts. The Update presents a land use plan and TAZ forecast allocation partly consistent with what was agreed upon in 2008. However, elsewhere in the Update, the City has reverted to the System Statement forecasts, which assume lower levels of City of Lino Lakes 2030 Comprehensive Plan Update Page 2 October 6, 2009 development and regional systems utilization. The Update needs to be revised to use the forecasts consistently throughout. If the City chooses to use the original System Statement forecasts, which calculates the City's share of the affordable housing need at 560 units, then the Update is complete for Housing. Whichever population, household, and employment forecasts are agreed to by the City and Council staff, those forecasts need to be allocated to the TAZs, and 2030 traffic volume projections need to be based on those forecasts. City Response: All elements of the Update are based on the forecasts presented in Table 1 -2, which represent the System Statement forecasts for population and households and the revised employment forecasts discussed in 2007/2008. The forecast allocation to TAZs described in Tables C -1, C -2, and C -3 are incorrect. The corrected tables are enclosed and these corrected tables present the socio - economic data used to prepare the Transportation Plan (Chapter 6) that was received by the Metropolitan Council on August 30, 2009. Land Use Met Council Comment: Table 3 -4 indicates that the majority of the mixed use sites are planned for a density range of 8 to 15 units per acre, with the Legacy at Woods Edge at 10 to 24 units per acre, and Hardwood Creek with a maximum density of 4.5 units per acre. The net density calculation provided in Appendix B indicates that 82.9 acres of land within the Mixed Use category is planned to develop at a minimum density of 8 units per acre. The net density calculation needs to include all of the 519 net acres guided Mixed Use (see Tables 3 -4 and 3 -5), with a break -out by density range, or clarify the reason that the remaining acres of Mixed Use are not included in the net density calculations City Response: The net density calculation documented in Appendix B does not include all 519 net acres guided Mixed Use (see Land Use Tables 3 -4 and 3 -5). The Mixed Use areas referred to as Legacy at Woods Edge (10 to 24 units per acre), Hardwood Creek (maximum density of 4.5 units per acre), Lake Drive /77th Ave (8 to 15 units per acre), and CR 49/3 (8 to 15 units per acre) are part of the city' adopted Comprehensive Plan and do not represent a land use change that is subject to the net density calculations per the Metropolitan Council's Revised MUSA Implementation Guidelines. Therefore, the net residential acres associated with these four Mixed Use areas are not included in the net density calculation documented in Appendix B. In addition, the 519 net acres guided Mixed Use also includes the non - residential component of each Mixed Use area. Table 3 -4, page 3 -17 has been revised to describe the net residential acres guided Mixed Use by decade. Revised page 3 -17 is enclosed. Parks Met Council Comment: The trail section needs to include a description of the existing and proposed regional trails identified in the City's System Statement. City Response: Page 2 -39 (enclosed) has been updated to include a description of existing and proposed regional trails. • • • • • City of Lino Lakes 2030 Comprehensive Plan Update Page 3 October 6, 2009 Please contact me at 651 - 967 -4557 or Michael Grochala, Community Development Director, 651- 982 -2427, with any questions. Sincerely, BONESTROO Ciara Schlichting, AICP cc: Michael Grochala, Lino Lakes Community Development Director Enclosures Table C -1 Socioeconomic Assumptions - Households Based on Anoka County existing model data that was completed in August 2007 Based Lino Lakes input in December 2007 • Households Lino Lakes TAZ Metropolitan Council TAZ 2000 * I 2008 " 2030 I 2030 (Full Build) 95a 95.k 95.c.......... ....................... 95d 95 9.5 9.6 95 361 433 174 b 231.. 227 23.7 200 282 7Q7 ..... ..........................9.43. 251.. 263. 256 27.7.. 364 445 .95a 95.k 96c 9.6 9..6 96 3244 328.. 226..... 229 240 241 327... 326.. 235 235.. 242 243 97Aa .97Ab 97Ac _ _ _ 97 97 97 K.! 84 .. ...___..___........_.__85.,..__ 12Q.. 151 153 92 777 _ 185 454.- 153 349 .95a 91k.iBa t af.1- 35.Ir1 96G.M..ast.af..k3S.E1 96d..(Ea;xt at1-35.P. 98d (West of 1 -35 E) 9.6 96 99 9.6 98 71 b 72.. 25 14 13 - , a. - 433.. 10.62. 16 1.4 772. 1. 114 2.. 665. - 562 99a. 99.0 99c 99._ 92 99 58., 55.. 61 264 182 199 53. 56_ 255.. .. 343. 201 418 95Aa 95Ak 95Ac 1169. 1155 1166 253 444 647 1 Q52. 442. 497 757... 1221.. 811: 1.005 1.942 3.928 .97Ea .97B.b 97B0 97Bd _ 97Ba 97Bf .. ........... .... ..... .......1.15.7. 1157 1.167 1.15.7 115.7. 1167 ............... ...__.......1.82. 182....._. .............. _ ..... .2.65: 1.575.. ._...._-.._ 176.,__ 354.. 849.. 1.294.. .- 1.40. _ 142 - -- - 200 263.. - - 20 ¢ _ .... - 20 -_... _ 20 _.._.__ ............... 20 144 425 430 57.1.. 219 220 407 901 Subtotal Lino Lakes 4.855 5.816 10.600 19.296 98b "Centerville" 98 1.077 1.305 1.357 i 1.358 Total 5.932 7.121 11.957 20.654 Based on Anoka County existing model data that was completed in August 2007 Based Lino Lakes input in December 2007 • Table C-2 Socioeconomic Assumptions - Retail Employment Based on Anoka County existing model data that was completed in August 2007 Based Lino Lakes input in December 2007 • • Retail Em lovment Lino Lakes TAZ Metropolitan Council TAZ 2008 ** 2000 * 2030 2030 (Full Build) WM 9.5 15 15 55 15_ .96.17 9.5 : - • . 43. 122. 161.. 96g 95 - - - 95d 95 - - - 1 .92.a..... 92 - - .96.b 9.5 - - 5 a. 96c 96 - - 52 75 97 - - ig _____ 154.. 97Ab .97 . 12.. _41.1 459 i. 5.04 97Ac 97 - .92a - 9.2 _ .. - - 54 .92.Q.LEas1.2f.1:35.W. 9.5 - - 425...» 1...022.. 26.c.ilalest.a.173.5.E.1 92 - 426 1. 023.. .96.d..(Ent_bf..173.5.F.a 9.2 - .:. - q - 98d (West of 1-35 E) 98 - 440 99.a. 99 . - 4 - 4- 125 180_ .90 92 - - - - 99c 99 - - - - .95.Aa 116.5 12.. 12 75 105.. 96Ab — 110.5 2. 2 a 2 95Ac 1166 21 21 304 423 .9ZB.a 1167 - - ...................... 10.. 22.. 97.8b.. 1157 - 2 12.. 22.. .97.Bc... 1.127. . a.: 8. 9 13 97Bd_. 1167 - - - _2Z. 39_ .97.Be. 1167 12 10 2.0.7...._ 2.07.. 97Bf 1167 12 12 23 51 Subtotal Lino Lakes i 92 i 514 2.356 4.616 98b "Centerville" 98 23 i 25 63 90 Total 115 539 2,419 4.706 Based on Anoka County existing model data that was completed in August 2007 Based Lino Lakes input in December 2007 • • Table C -3 Socioeconomic Assumptions - Non - Retail Employment Based on Anoka County existing model data that was completed in August 2007 Based Lino Lakes input in December 2007 • Non - Retail Emalovment Lino Lakes TAZ Metropolitan Council TAZ 2000 * 2008 " 2030 I 2030 (Full Build) .95.a 95 50 105 166 135. 95.b 9.5 005., 3Z8.. 3Q9.. 450. .95k 9.5 50 53 53 50. 95d 95 9 9 9 12 .96.a 95 47., 47 4Z. 4Z. 9917 95 8 6. 9 13.. 96c 96 16 530 566 725 97Aa - 97 - - ___ -50. 5.3 59 149 97Ab_.. - -97 44 ,___- ..__---- _....._....93 -. 109 ....._....__.......__.._ -16a. 97Ac 97 2 2 2 2 95.a 99 18.. 123.. 110..; 24Z. 95.k.(Eas1_2f135.W1 9.8 - - 5Q4 3,500. 90k.1111!ast. af.1- 05..1..... 9.8 - 504 3.47.4.. .954.1Eastaf..17.35.1",1 99 - , - 4 - - 98d (West of 1 -35 E) 98 - - 1,346 .99.a . 99 418... 426_- ._._ 1, 006 ..._.._....__.... - - - - -- 1.51]-. .99k. 99. - - - - 99c 99 22 22 22 22 .95Aa 1159 44 44 98 230. .95Ab 1155 8 8. 8 5•. 95Ac 1166 23 23 292 713 .97ha 116.7. 51 51 61 105. 9713.b 1157 9., 9.. 19. 60.. 9711p 115 -7 . .. ............_........___362. _ 622_. _._.._.._...--- .__ -__ -507 652. 976d _ .... 1-157 779., ✓ o.t. 830._ 869_ 97.5e..............._ ............._... 115.Z 15 115 16a 040. 97Bf 1167 2 2 11 69 Subtotal Lino Lakes 2,346 3.232 5.644 14,903 98b "Centerville" 98 340 343 384 455 Total 2.686 3.575 6.028 °- 15.358 Based on Anoka County existing model data that was completed in August 2007 Based Lino Lakes input in December 2007 • e • The City of Lino Lakes recognizes snowmobiling as a recreational activity enjoyed by many members of the public. The City is aware of the trails program and of the efforts of the Rice Creek Snowmobile Trail Association to maintain trails through Lino Lakes. Regional Trails Existing regional trails within Lino Lakes are mostly found within Rice Creek Chain of Lakes Regional Park Preserve. Proposed regional trails include the following: • Bunker Hills -Rice Creek Chain of Lakes Regional Trail — The trail will connect Bunker Hills Regional Park with Rice Creek Chain of Lakes Regional Park Reserve. There is a small segment located in the southwest part of the city. There is not a complete master plan for the entire trail. A general alignment of the trail is shown on Figure 2 -9. • Central Anoka County Regional Trail — This trail is an east -west trail that is located in the central part of the county. In the Lino Lakes area it will connect Rice Creek Chain of Lakes on the west with the Hardwood Creek Regional Trail in Washington County. There is not a complete master plan for the entire trail. A general alignment of the trail follows Main Street and is shown on Figure 2 -9. • Rice Creek Chain of Lakes — Bald Eagle Regional Trail — This trail will connect these two Regional Park System units. There is not a complete master plan for the entire trail. A general alignment of the trail follows Centerville Road and is shown on Figure 2 -9. Implementation The Resource Management System Plan presented in this Chapter provides the conservation design framework for the Comprehensive Plan and sustainable decisions regarding growth and development. It provides a unified "system approach" to natural resource management and providing natural resource based amenities, parks and trails which are highly - valued and enjoyed by the community. This "systems" approach allows the city the ability to leverage several regulations and funding sources to implement the Resource Management System plan. Parks, Open Space, Greenways and Trail System Plan The City will implement the updated Parks, Greenways and Trail System Plan through: • Acquisition of parks, greenways, open space and trail corridors • Continuing to develop an interlinking system of parks and trails throughout the city that connect to parks Tonal arks and trails 9 • Establishing multi - functional greenway corridors (corridors for wildlife, trails, and surface water management features) Review and update park dedication requirements to ensure consistency with the updated Parks, Greenways and Trail System Plan. 2 -39 • incorporate more compact development and promote pedestrian activity. These projects will support pedestrian activity through pedestrian friendly design, and by providing connections to existing and future pedestrian and transit facilities. These future mixed use areas have the opportunity to become the city's gathering space and the design may incorporate public spaces and amenities. Architecture and landscaping are important aspects of mixed use developments, as this type of development is typically oriented to accommodate both pedestrians and vehicles. By providing walkable mixed use areas, stress on the transportation system is reduced. Mixed use areas can also provide a "sense of place within Lino Lakes by creating active and attractive developments with opportunities for interaction through successful design and site layout. The community has identified eight future mixed use sites, which are located at key intersections in the city. Many of these vibrant developments along major roadways will serve as gateways into the city. The mix of commercial and residential uses will vary for each site, as will the residential density, as shown below in Table 3 -4. It is important to note that the information provided in Table 3 -4 is preliminary, and is intended to serve as a guide for future decision - making. As plans for specific mixed use areas are refined, suggested density, total units, and the residential /commercial split may be revised. To best serve the community's changing needs and market conditions, flexibility in these areas is essential. Gross and net acreages for mixed use development presented in Table 3 -4 represent the potential for new mixed use development, and do not account for existing mixed use development projects in the city. Table 3 -4: Mixed Use Site Characteristics Mixed Use Area Gross Acres Net Acres Residential/ Commercial Split Net Residential Acres (2010 - 2020) Net Residential Acres (2020 - 2030) Density Range (units /acre) Robinson Farm: Main St/2nd Ave 29 27 75/25 10 10 8 to 15 Lake Drive /Main St 23 23 75/25 19 0 8 to 15 Lake Drive /77th Ave 3 3 75/25 2 0 8 to 15 Legacy at Woods Edge* 43 27 * 27 0 10 to 24 CR 49/3 36 35 50/50 17 0 8 to 15 Centerville Rd /Birch St 38 31 80/20 0 24 8 to 15 Centerville Rd /CR 3 24 24 60/40 14 0 8 to 15 Hardwood Creek** 365 350 80/20 280 0 4.5 (max) Total 561 519 370 35 * Generally located in the SW quadrant of I -35W /Lake Drive interchange. Net acres represents the undeveloped portion of the project area. 450 total units approved in the PUD regarding this Mixed Use area (60 are built, so 390 remain). .* Net density maximum of 4.5, with 2/3 of the residential area reserved for low density not exceeding 3.0 units /acre 3 -17 • 1 WORK SESSION ITEM 4 STAFF ORIGINATOR: Paul Bengtson CC WORK SESSION January 4, 2010 TOPIC: Ordinance No. 14 -09 Amending the Zoning Ordinance requirements for Home Occupations /Home Extended Businesses, Residential Parking, and Exterior Storage. BACKGROUND With the development of the 2030 Comprehensive Plan Update, it is appropriate for the city to review its official controls. This is the first of many reviews of our official controls. In this case, staff is attempting to clarify the existing regulations in regards to Residential Parking and Exterior Storage. Additionally, at the direction of the Planning and Zoning Board and City Council, staff has brought forth draft language in regards to Home Occupations. HOME OCCUPATION ANALYSIS After a great deal of discussion at the staff level and with the Planning and Zoning Board, the language forwarded to the City Council as part of this ordinance creates a three tiered system to replace the existing two tier system. Each tier allows a higher level of business activity. The first tier allows only business activity inside the dwelling itself and no external customers or employees at the site. The second tier allows expansion into accessory structures and allows very limited external customers and /or employees. The third tier allows certain properties (Larger than one acre, or zoned Rural or those that front onto a major roadway) to have a higher level of activity The Planning and Zoning Board were pretty evenly divided on two issues, though ultimately they recommended 4 -3 to expand the hours of operations for the Tier 3 home occupations and to eliminate a permit or associated fee from Tier 2. Staff continues to recommend the requirement of a permit and fee for Tiers 2 and 3. PARKING ANALYSIS Staff has drafted a revision to Section 3 Subdivision 5.K that brings all of the residential parking criteria together. Regulations are not changing from current enforcement, but have been reorganized for ease of use. Additionally, environmental options have been added to the list of acceptable paving materials, when approved by the City Engineer. At the direction of the Planning and Zoning Board, trailers will be regulated in the same manner as Recreational Vehicles. As such the definitions of both have been clarified and the Recreational Vehicle section of the ordinance has been modified slightly. EXTERIOR STORAGE ANALYSIS Staff is proposing to remove RV/Trailer storage from this section and place it within the new residential parking section of the ordinance, and to add refuse and recyclable materials to the list as a reference to the appropriate section regarding these items, which in some cases may be stored outside. PLANNING AND ZONING BOARD The Board held a Public Hearing for this item at each meeting between July and October. The Board ultimately recommended approval of the changes contained in Ordinance Number 12 -09, with a vote of 4 -2. The Board was pretty evenly split on two specific issues, the hours of operations for the third tier of Home Occupations and the requirement of a permit and fee for the second tier of Home Occupations. With a 4 -3 vote the Board recommended eliminating the permit and fee for tier two and also to extend the hours of operation for tier three. RECOMMENDATION Staffs is recommending that the City Council dispense with the full reading and approve the first reading of Ordinance Number 12 -09, with the permit and fee for Home Occupation Level B of the Home Occupation section reinstated as previously drafted. ATTACHMENTS 1. Ordinance Number 14 -09 2. Side by Side Comparison of proposed and existing ordinances 3. Minutes and reports for July- October P & Z Meetings The July minutes /report include the existing ordinance • • 1 lst Reading: Publication: 2 "d Reading: Effective: Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 14 -09 AN ORDINANCE AMENDING THE RDINANCE IN REGARDS TO HOME OCCUPATIONS Section 1 Findings Section 2, Subdivision l of the Zoning Ordinance requires consideration of possible adverse effects of a proposed zoning amendment and that the judgment of a proposed amendment to the Zoning Ordinance shall be based upon, but not limited to, the following factors: 1. 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. Home Occupations are currently allowed by the zoning ordinance, and the changes included in this ordinance are not inconsistent with the current Comprehensive Plan or the draft 2030 Comprehensive Plan. 2. The proposed use is or will be compatible with present and future land uses of the area. Home Occupations are currently allowed by the zoning ordinance, and the changes included in this ordinance will not cause compatibility issues with present or future land uses in the city. 3. The proposed use conforms with all performance standards contained herein. This ordinance establishes performance standards for the uses known as Home Occupations. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The Home Occupation sections of the zoning ordinance will not have an effect on the City's public services. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. The Home Occupation sections of the zoning ordinance will not have an effect on the City's street system. The Lino Lakes Planning & Zoning Board held a public hearing on the Zoning Ordinance amendment on October 14, 2009, and recommended approval. Section 2 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that Section 3, Subdivisions 8 and 9 of the Zoning Ordinance are hereby repealed and replaced with the following (added text in underline), and subsequent elements within the subdivisions shall be renumbered as appropriate: Subd. 8. Home Occupation Permits. A. Purpose. The purpose of this section is to provide a means by which home occupations can be conducted as an accessory use to a residential dwelling unit, as a use that is clearly incidental and secondary to a residential use on the same premises, without jeopardizing the health, safety and general welfare of the surrounding neighborhood or the inhabitants of the home occupation site, and without jeopardizing the residential character of the neighborhood. B. Application. Subject to the non - conforming use provision of this section, all occupations conducted in the home shall comply with the provisions of this section, with the exception of the following: 1) Permitted agricultural /farm related uses in the R and R -X Districts (and when found to be in conformance with all other provisions of this Ordinance) need not meet the provisions of this subdivision. 2) The limited seasonal sale of products grown solely on the site by the residents of the homestead shall be exempt from the provisions of this subdivision. 3) Daycare when licensed by the state and /or county 4) Any other use listed as a Permitted, Conditional, or Interim use within the corresponding zoning district. • 1 • • 5) Any use allowed by an existing Conditional or Interim Use Permit. C. Procedure. A permit shall be required for any Home Occupation Level C, in accordance with the following procedure: 1. Application for a Home Occupation permit shall be filed by the property owner or designated agent with the Zoning Administrator on forms to be provided by the City. 2. Application for a Home Occupation permit shall be accompanied by a non - refundable fee as established by City Council ordinance. 3. The Zoning Administrator shall review the application and shall determine whether the proposal is in compliance with all applicable evaluation criteria, codes, ordinances, and applicable performance standards set forth in the Ordinance. The Zoning Administrator shall notify the applicant, in writing, of any incomplete application within fifteen (15) business days of the date of submission. D. Violations. After two (2) founded nuisances, or code violation complaints have been made and verified with written notices to the home occupation, a public hearing may be called to consider additional conditions, limitations, or revocation of the home occupation within sixty (60) days of the last complaint. E. Expiration. Upon issuance, a Home Occupation permit shall continue to be valid unless one or all of the following occur: 1. The business owner relocates to another residential address; permits are not transferable to another person or property. 2. The type of businesses occurring on the site changes significantly. 3. If the permit is revoked by the City per section D above. F Requirements - General Provisions. All home occupations shall comply with the following general provisions and according to definition, the applicable requirement provisions. 1. General Provisions. a. Any home occupation shall be clearly incidental and secondary to the residential use of the premises, and shall not change the residential character thereof. b. All home occupations must comply with all provisions of the City Nuisance Ordinance and shall result in no incompatibility or disturbance to the surrounding residential uses. c. No home occupation shall require internal or external alterations or involve construction features not customarily found in residential dwellings except where required to comply with local and state fire and police recommendations. d. In no case shall the permitted home occupation cause to create the need for an additional driveway access to the property. e. Personal vehicles not exceeding a gross weight rating of eleven thousand seventy -five (11,075) pounds used in the home occupation may be parked on the site. f. Any vehicle with a gross weight rating in excess of eleven thousand seventy -five (11,075) pounds is subject to Section 3, Subdivision. 5.K of this Ordinance. g. The home occupation shall meet all applicable fire and building codes. h. All signaqe for the business must comply with the city sign code. i. When applicable, all state licensing requirements are satisfactorily met. The applicant shall demonstrate, in a manner found acceptable to the City Engineer that such use is within the capabilities of the property's sewage treatment system or the city's utility system. k. There shall be no use or outdoor storage of any toxic chemicals or hazardous materials of any type or in any amount not normally found in a residential structure. I. No motor vehicle repair, paint or body work; commercial preparation of food for service on the premise; business related to or involving explosives, ammunition or weapons; or ambulance or related emergency services shall be permitted as a Home Occupation. m. No retail of anything produced off -site. 1 to • G. Requirements — Home Occupation Level A. All residential dwelling units are eligible for a Home Occupation Level A, and must comply with the following provisions specific to the Home Occupation Level A. 1. Requirements. a. Permitted home occupation shall be confined to the private dwelling unit, and shall not be conducted in any accessory structure on the premise, including an attached garage. b. No customers or employees who do not reside at the dwelling may be permitted on the property. c. If the home occupation will require a delivery service, such as UPS, no more than ten delivery /pickup trips per week shall be permitted. d. The home occupation may not occupy more than 10% of the structure. e. No exterior evidence of the presence of the home occupation on the premises, except any signage allowed by the sign code. f. All off - street parking generated by the home occupation shall be confined to the driveway. g. The number of on -site parking spaces shall not be reduced to less than two. H. Requirements — Home Occupation Level B. All residential dwelling units are eligible for a Home Occupation Level B, and must comply with the following provisions specific to the Home Occupation Level B. 1. Requirements. a. Permitted home occupation may be conducted in an accessory structure provided that it can comply with life safety requirements. b. A limit of two customers or employees who do not reside at the dwelling may be permitted on the property at one time. c. Areas accessible to customers or employees shall comply with all applicable life safety codes. d. Vehicle trips generated by the business shall not exceed 20 in any twenty four hour period. e. If the home occupation will require a delivery service, such as UPS, no more than ten delivery/pickup trips per week shall be permitted. f. The home occupation may not occupy more than 10% of the dwelling. g No exterior evidence of the presence of the home occupation on the premises, except any signage allowed by the sign code. h. All off - street parking generated by the home occupation shall be provided on a hard surface in or adjacent to the driveway. i. The number of on -site parking spaces shall not be reduced to less than two. j. Personal Service Businesses shall be limited to allow the servicing a single customer at a time. a. Between the hours of 7 PM and 7 AM no customers or employees who do not reside on the site may be at the site and no business operations occurring outside of the main dwelling are permitted. For the purpose of this section, an attached garage does not count as part of the main dwelling. Requirements — Home Occupation Level C. All properties developed with a dwelling, that are either over 1 acre in size; zoned Rural, Rural Business Reserve, or Rural Executive; or front on an arterial roadway are eligible for a Home Occupation Level C, and must comply with the following provisions specific to the Home Occupation Level C. 1. Requirements. b. Permitted home occupation may be conducted in an accessory structure provided that it can comply with life safety requirements. c. The maximum number of employees and customers visiting the site at any one time will be determined by the availability of parking on the site. d. Areas accessible to customers or employees shall comply with all applicable life safety codes. e. Vehicle trips generated by the business shall not exceed 30 in any twenty four hour period. • • • f. If the home occupation will require a delivery service, such as UPS, no more than ten delivery /pickup trips per week shall be permitted. 9. The home occupation may not occupy more than 10% of the dwelling. No exterior evidence of the presence of the home occupation on the premises, except any signage allowed by the sign code. i. All off - street parking generated by the home occupation shall be provided on a hard surface in or adjacent to the driveway. The number of on -site parking spaces shall not be reduced to less than two. k. Personal Service Businesses shall be limited to allow the servicing of only two customers at a time. I. Between the hours of 9 PM and 7 AM no customers or employees who do not reside on the site may be at the site and no business operations occurring outside of the main dwelling are permitted. For the purpose of this section, an attached garage does not count as part of the main dwelling. J. Additional Limitations and /or Restrictions. 1. So as to maintain compatibility and protect the health, safety and general welfare of the public, the City may impose additional limitations or requirements as it deems necessary. 2. The City may impose the posting of a security in order to insure compliance with any condition imposed. K. Inspection. The City of Lino Lakes hereby reserves the right, upon approval of any home occupation permit, to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this section or any conditions additionally imposed. L. Penalty. Violation of the home occupation zoning performance standards shall be subject to the enforcement and penalty provisions of Section 2, Subdivision 9 of this Ordinance. Section 3 Zoning Ordinance and City Code Stand As Amended As above amended, the Zoning Ordinance shall stand as initially passed and previously amended. As above amended, the City Code shall stand as initially passed and previously amended. Section 4 In Effect According to City Charter This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Attest: Julianne Bartell, City Clerk Adopted by the Lino Lakes City Council this Jeff Reinert, Mayor to day of 2010. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member O'Donnell and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. 0 • • 0 N >- a) +-1 -0 0 _c 0 (; N N ca C a) >, - 0 c6 — +-+ O V Q U L .-) c co 0 c 0 0 .5 L bp a) 0 N O c •F_� ..0 to _ _0 C13 v.) ro 0 +J W b U C T O O 0. C To • C L U c6 ca ca E N - +J a) -C _C X O N O E O N c6 " tap — hA N h 4- O' L- 0 Q) , N o 4-) W - , c6 Q) • N C C ca a--+ • N N c U a) f� E C a.., C6 a--i O 0 -a 0 0� n13 (� co a, 0• azt •— W Q}, .0 1 cn +-' 0 N co O cc M 0_ L- 4J N i U1E c 2 a) U cu O-0 1-_c U O c6 O co Q G. v) > U ca = V) +-+ • (D V) . - o . -, U O � V • CI 0 0 E Lr) IP o a) >, C (▪ 1) ti 0 E oECCUa)• N t/ 0 catuo4,�Cca., .+-'0 aN' O N= L) O 7, 4_ � 4� O 0 Ioa)��U�� °o 73 i Qc•E_c QU 0_ cu a) a� }, 4.1 O -0 • - ca _c • = > cn cn `+- L V 't7; 4- b.0 (/) ci2Lac0 0WNa)�•� a w �v) �73 0 L-0 c • ( ca �o▪ a)E�� —occoc a) '6 .3) ci „.a.),Am&-_c 4-j0 ° :(73. C C ca..4-_,- _c > co c .0 -0 on 0_ L.. s_ o 4_, 0 4-, rc _c c — (� cu — 0_ (1) 0 C c6 con C Purpose rewritten at behest of P & Z to emphasize protection of neighborhoods. N 4– L _ — O CO 4+ N f0 ..0 .0 N d) \ C W `– .0 a) .'_^ C +�+ -0 0 -0 O a-+ N> N CS 0 N j, OD C ° -o - 3 C_0 U O N 'O *'' 0 ' U.N ,� 4�•+ U U ,, -D �4 ate-+ ate-+.- U L '> 3 C C N D Q N 0 ° °o D4- CE) clsEs= _c E• a✓ MD O L U C U a+ U Q Q) cLv ' O 0 W -0 a) 'N A N 4-' •X CU a.' \pO.Nc co N- 0- N O U U N •- -0 N C C ��3c � °o'> ���"' a) c -° +� > O = 2 N O O i• N N U +' C O 41 �2Ecu ' �ooa) °N' °mom °'° N a)NV0 7tS 5 0+ 1oa)c 3 wc0 7E w c N OE t �_ o tea) f0 • 4– 0) +j 4J t +' 41 0 a) 0 > D > C L >' C O O O E a) N +•+ O L L. as 0 C O O C L :� co3 a �30C F-b - 0. oU QUU a0 O �_'g_2 c (1) 0 "CS 0. v) -L _ ° O Q 0-. N ,- l 0. O L a m Current Ordinance - N N -0 N c � o 0 ,0 L O 0 C Q 0) O U U oo 0 c = •� +cn o ° E o N — • -0 'N CO N No°) E c c 0 0 76 N c) 0 u 0a-' v L Q Q•E O vi N Cr; Ll1 -0 O N N C cu . L_ _ U 4-, O +-+ c6 N N + + U +-+ N '� E co C = U N aA (D 7 ca N iJ c6 Vi Vii 'E co c N L_ N O .X N O N a .. La -C2 c c O � ca U Q •L_ L O cU C N _c U t0 — CO U \ cn O Q 4—) E 0 C 0 0 O n Q) v S N 2 ) N 0 n Application section rewritten to exempt specific uses. • • • • • a) t ai L }+ a-, }� a) (. ) ° °' E-0 a L._ L._ as L — a) Q. L Q) Q c -� U sU O O C to 0 O a) IQ .p c +�L' to Q O c 0- Q � u = O U co u _ a_0 OQc4- O>. N J 0 O O }' N U — 00 a) E 0-1- - ate-' E >. O 0 O.2 W CU CL c�}'cc fa`�aJ u ±' L O O L fl' t C a V 3 O to L O E N Oa) cv�2 c0= i a) O O CO CO Iiii 0.�0-0 asa) a•� +71 V) U_0 C C U_0 N a) u0 A0 0_73 '17 TD_.- - «s "a ' L c u 0__E Q) O a co Ca < N"0<0 < N a 0 a U Current Ordinance cu L a) U O L 0 0 co i a) U CD 0 4-J v � c u a) u U H M OD c ca CL tri Q co U C CU CO CB s- 4-' O u a) c-0 (D O U Q E O L U • — U N c 76 O N O 0_ = O > O. a) L -C o 0 - ( t , < cc ate+ C N O aJ N U Q) _C N U O i c Q) Co Q c O L O (1) 0 ca ._ v) a) no N co -C Q a) a E +' O N C + E N O J D X ow c t1a -C Q S 73 -0 C6 U W CU • CO L f� a--+ > -c a••+ N +•+ to C C L Q C a_+ L c0 •, }+ L O - O O t 4— o CL N cu E E a) N v Q Q) a) O a) a) Q) Q - � + O +--+ ate-+ V) O L Q C3 • CO ,N O Q Q CO ~ 13 OD E ' Q '~ L U N o o a) ca > o E co c au Q U v vOi •L U O �- U a) L L- •— C o U w C-0 CC) D— L Q v E .E �v) a) i i a) Q Q Q Q N co aa) v N O = Procedure section added to set up process for Home Occupation applications. Current Ordinance -C N tat) L_ = 0 0 4J ro 0 0 N i L 0 vi 0 4J ro .E c LE = w liz 4-J O_c Q. y_ = O U O ciZI CD ^ c O Lo co X O +7) a) Q C Q .2=oc'�L) (3_X0 >4—' >� O E 4_, (7) v0 U • • • -o N 4-' > E (1) L 4_, • a) S- ID N Q a) • O U () 4"' O a) bA U a) C • L aj = O L CO U 0 a 03 — c 0 a--+ co = co a) C L O a) a) N N 4-- ' N -0 N • C i-+ - N O O N C O 0 E - c • }, u Q L f6 N L c m cu L O a) CO cp_ C •C W0a) i O +-, -O F- - co co a) s• Z U )J O W0 = r1 O a w Current Ordinance C 0 co .0 0 N co t U co C 0 4--' a) L L.) 0 *' _c U � N person or property. 0 CIO C i 0 cr U c4- o 0 U a) 0 L N Cr 0 tla 73 Q 0 O. 0 L a Ui Current Ordinance 0 General Provisions. General Provisions. a) c c o co 3 co co c,— >• � _ co o C Q = .47' a) a' a-' L U to N CU c� O C � C , N U >, t L v) O c-0 °v) L'0.C73 E w 5 U-a a) O U= co a1 C•— (1) U C E •- a) >= 0 U tai) CO ++ C i O 0 a— Q a1 ca c >. L Q E z ' a) E N N L._ I- L� >, O E c O ca a) C +' U N s co O U •- t]A O C O 3 a) N ca a O .0 fa •o }+ C o_ c� Q� z 0 0 L U O N— L ca C N C E.ovN Eia�°c1D2E s O L a) O L L ca E sa)+�,a)0 L >O fa o 4' fa our Q o_ 4./) O z a) tea-) � " 4--' C U a O a) a) i•-•; aJ ao O C 0 • U O U U t C•� 0 L_ 0 0- Q i 0 a) co Q ca +-' a) •• NC c>.Q C (p s ca 0. %'C }' L co Q v O � >• +J U a) C C U L ca a) O O C c v-0 o 7-3 co o c s N•'--' o O $ 0. z c+., U i co v +-' c c c L O 0— ca 4-, A a)c a, a L a) cat a .*c 'Q C U = C t-+ aJ . aL •- O O� ca U C -O C Q i O N s 'p N N L O a +, L Q - o. -a)— a) 30 � " U -a > a) ++ _ ) II t i E co C 7. L O O o- = a) c .L s •NCc8'1Qa) caC>,Q 2 N U— z E E N •L 'L 2-D N O a) a_, , O c ca O s O U O E s N Q Q 0 U L O a) 4- C 0 00 U U U +•' fa O"3 N 0 co ° O N C CU Eo°a' o�� E owc'°cE ....4 0 a •– U •N L w O i L •– fo E 0) o -c '' a) ca O c c Ls Ls O X co 3 U U < co O.0 QN 0 Z a)4- O E a) .N CO a) 0 U a-J V) .co U a-+ 0 E c6 C6 0 Q co L a) a CU W L 4-J N aJ • a) E 41) O c s •3 Q O +, o a) o E o• .c . GA L) N }, C s' 0 O- 0L) U U a) - E u = O co •- w = co O co -C . U C N . >s C aJ c O +j, vi • O Q- 0 00 L _+ N O •D c > 0 Q) U a) a) i H CC 0 t]A D Q 0 0. O L u: a) Ec _ O }, Q o c via °E O • +- .,▪ •1- •. N s -0 'j }, L O' O O O 0 ..Q c • c u — CU N :a ca. c Q .,.0 • 0 N ++ N .- s a • N >+, u a) c vi c E.0 c_ c' c co a) 4-, _ o 0 c L Qcco , .- Cr U c 4- O O CtC0b 02 c . 2 L U en • General Provisions. (continued) General Provisions. (continued) 46 Q) Q) s U co c ": N c co ..c a) 0 a--+ a) v) 0 Q O c _ N n co U Q— O u Uc rica cV).O o ,- O >c woo> O tv� O c r-I � c tin O 0. ++ O N 0 L - > U ic Cr) co U L 0 0 O U - p O a) N O > 0 L O -0 cu c •- O N O O vv, as O N a) O Q c � s OL v) a)a)o coo dA�O ate--+ 'C-+ a- + N 4-' a'--+ CO co U o N N c N s N U co,*U -' N U a) — w •�_' .� LE sco0 >�� 0 -Q (13 O U • co > a) t"n c O N "O _ O U c N i O - To OND a1 >NO O N O ON ca) > N c s • C > s_ •- = s_ >•• O O +.+ L ro O nc c� O� U'0 d i 2 Q <020 This is a standard -o O s_ L Q) Q 0 L Q 4 -+ c 0) N 0) L O c N co Q) U c CO c L O CC) +-, C N c o > o L ta0 ; m 5 O co Q O U U -c o a.- -0 O co v7 4_, Q) u� O N L c CA U E N a) co co o x c 0 0 0_ i O O N� i _ _c �-, a) a) U O O N ►-+ O .., •Q c •� vc - ▪ •U a) -o a) CD.c O - 0 > cu =c�0 N O c N Q ✓ ac co 0- c � > - N 0 D >, — 0 +' O co , co O ca 'O Q to Y s a1 2i Q� • N 4-) J1 �, �, L r O. N Li-) co 2 - 2 ..D _ ' a,E 0(T),-;aEs T) ,-- >E 0 1- 0 0 5- (o (//)) a; a) 4- 0 0 0 Q ("47- U a) Q -o a) O a) 0 E c6 a) U co L 0 0 a) '4 - O C a) a) 5 CT a) CC -o O a) t O a) a--' a) a) CT a) L a) LE— co' O 0_ 0 U U a) 0 E 1E, L a) a-.' a) a) a1 (/) 0 Q 0 Q 1 0 0 0 a) i '� O a) 0 0 c d a) a) O .3 0 -' •v) C'5 p c3 N▪ J Os O cu O w a) o_ Q 5 0- 73 L- O W I- 0 Current Ordinance v; O Q ca • a) O ca 0 z E O 0. = L 4A 0 = taro N vi ++ c6 CD o V La w O on u O u C1A 0 o_.— Vf 0 0 0 co c 0 C � . � 0 .O Q m▪ c a-+ U O C -, of U — co 4--+ c > U Cll 0 0 N a) O 0 v��.o. °_� a vas .a O4J V)}' L c� E� te 4S 8 ci= 0- Q) U �a •— L a) Q) C Q) .Q li Q 5 s? 73 L w Q t7 I-- co CI r4 4-, N Eo oN c N a) S CU co C bD Q E < O N 0 ca L 0 C L Q E 0-T.; N (1) Q C ate-+ v 0 CO .o f� Q) X D W a) W N L O b N 0) L LO- wo C N a) C • 1 0 O E ao O c _c Q O c O O C o E O t OA 0 t T2 a i••.. a 3 O 2 a) LQ�a) c a,E2u 0 aci ° co .— N Q = C Q N (v O CO C N .H _'N .0 C > -C H C O c O +' v. •> c E O QC c O O f— L Q�:4 –''v) p =c0=> (a a'U c� O wi- t: O c.) O O L a) CC O to-o Q 6- a w O L d. ui M Current Ordinance c O > t CU vs O C O C O O 'V) U •5 C O c O O C O/O L L O ++ _ N N L L U N i C (O CU N C E Y O CA N> C C L— O,}-a p v N -O >�O O • 15 L E O 3 L O L U O O L L fL0— 0 >.� > O'> > p ca O cv -p N C L p– O U O N CU w O +� O ° N c 0 iNif Q N VI N0 =C °O3aAu cE7E o� E °- 472 °"O Op >'v �' ..Q 0 co L_-. C s_ C a) 'O 0 O C„ ) (0C a °N °-a0 cCONt �O (3 N S= 22 112 O •C 2 L U }' L O f0 .= = (C cu CO 0 C O O E U O Q N Ti tC v) 0_C N co = U O= E L N E L L� L C Q C C -0 U C N 0) dj fC O V U f� (B L •V .N N U LE P a (CT 3a _C a) °O >�E O. (ate N dAE O U ° O ° E - " O cu = O 1- = VOi vv �O > Z Oo +�+ N .Q 4� ++ c 4 0 O 0 - Cl.) f6 U -0 roc = s O C L O U Na)E o Z O a) - fa L• U CU C U co O C -0 O CO bA Q O O O L 4- ^Q a) W a_, Provisions: N E O V) >' O N � U 4- V) Q a) IU CU C N _ ate+ a) aJ p = ° O U £ O 03 4-) 0 L 0 0 0 L 0 CV) .05 (0 a--+ c CU N CU 4-) U CU 0 0_ • U_ X O O N v) a) U X a) 4— 0 a) CIA (B 0 N E O L materials. a) 0 To 4-) 0 c O (0 1) (a L'32 (a Prohibition of retail sales with the exception of mail order businesses. nclude several add Staff wanted to 0 0 0 0) c a--+ c N cN 0) L 4— a) 4—) .£ o 0-0 (0 CO .,, E L Q., 0 cu .— r,„ 0- r., c c v) ° _„ cu co Cl.) -1—j cn CU "G)- O D c aJ -0 -.7) -c 4--Jx N - -C ° o a) o +—r • CU • ° � c"��c�� > CUC> �4,�o -2� ca O� a .c fs. N +� O +- W Q .,_ V) a--; -C 0 U ry �•V � ^ � ���E��: � a. in O N s L V Q.s ••L •, v)_, 0_ 0 O 0 O • a) 0 _C ' — 1— o cv > a� c6 0 °N c1:5 cv c 4_, 0 a > au c E O oO c cu si--) ' E , E .2 —>%.2 vi L O Uj _c — CO U L cp C • ate --+ a) C6 . — ti) -0 c _C vi' z'— cu 7) C a-� a= •— L s _c U a� O - L1 O c6 c fB •,_ : sz c6 N Q Q — . 4 - - Li C� aJ U X O U� N 0= D o-oOw=OD_;_o Ncc Cu 0 4-) ra0 w 5 4- co 4J CU' U ra L 0 v 4J 4- 0 0 .4-7) L 0 au s 0 0 U 49) U .cn • CU V) L aJ +_) CU ro v U -o a) 0 0 L 0 a) 0 -o au cu 1) 0 -o • • — as as ;., Q a) CD a) +' O CV O N Cif .0 7.3 Q co Q Q Q j N U > 0 O J J •> C C E O o0Q -7, m aA O. Ci C o o O O "v =a O— O al r 4- a) E E. a>i O Oa) -1-� �!_+O as u 3 C C• —> o_ (0 a) C C. EE 'O o °=°OO o 0-a) v E O In CC a E = 0 O O. O L a (7 Current Ordinance — Home Occupation in a Residential District 1 Requirements. ri co c .c t co an a) 4•' U CO 0) CUD -0 O (0 a) U > _0 C L 4+ - O- O a) C E o " -0 N 0. a) C a1 O c Q C O O U a) -0 O L — E () C a C NL (O •-, O Vf o a) E v (O 0) U (O d (d aA 0) i O 0 '> E O H Q . (a a) a) c c c ro c a) Q) L -c o 73 a) -0 0 O 0- a) O > Q. O .O (a a) Q Permitted occupations shall not include any of the following: H a) a) c O 'N -0 _0 c rO — (O L' L i) (1) 1E5 (1) 0) -0 O a) CO t 3 >. C >• (O 4- I:12 0 +, 0 0) O (L0 0) Q o c O O ..0 U N • •..+ N 01 0 4.' a) 0 t U 0) E O L a) > 0) 0 O c a) 0. L 0) N a) -c a) U C O C the premises. N t 4-, 0) 0 h a)� L L } a) c o O Q '0 a) O c L C 0 o v-0 >.� aE EL a) Q a) O.0 cu E E o to c O = U 0) 0 Z -c a) L 1 O C O c -O v) (0 0 as t as _z a, E C� o CO O O 7' +' O O 0 .0 .o (�/) U Q t L L '(n O v OA O fl C a) Ja L E O 3 c ro c a) .0 O C L o O}, C A CO C 0 o t • t C V +' U c v 4- u U CL) co L L C +' C -0 O O CO a) c 0 E +-> U_ CO o t C O > 4-, ``� �, }+ (O } Q a) U Y CO CU in in 0 >• a 2 0 Q a, c C N L CO C (0 4J N U O. .Q co v N UL O M a c cu as t- 0 (0 Ot N V) 41 • _ 0) E 3 N L L Q a) (^ > .Q • CU i•' Q (a O Y U L •Q 3 —. L ; C0 O C c (0 r•' o a) O EEa, O 4'' aa, 4 Q U 1 a) r1 t 4-, 0 O 0 c CO a) CO C Q U U O (5 ca c E c O as 0. U U 0 a) • E o U L c N 1 • r 41 J c 0 f0 0. z u u 0 cu 0 u c - c c Q) 0e f0 C c 0. u u 0 a) O Q) u co c '0 0 a.+ OQ) U District (Continued) CU v c c O .0 0- 4A N c }' a) .N c o a.) 0 W r CI) C OA u v O >. c 4) L cCU c -O N 0 N 'p O i — > }' N o_ c o 0 o 0) 3 L C o C c a CU -c 0 Q) L 0 4 o E v o 0) N �' = C 0 X C c 0 o to O 0 t cu N Z t 'cn Q 0 F— _o This prohibit a) c co c a) N a) 0 N a) U c a) a) 0 0) X (1) 4— O O O 0 L 00 O c c0 c co a) c E a) Q m a) a) J a) L c co 0 N E a) c O 0 L Q% CO 0 �O 0 4..I a + QJ c -0 QJ a) Q) a) "a C > t CO i' CO ? O f0 cu -0 f0 CO -0 S L. 10 0 u U v 0 i s :E co Q N o f i CU +J 'L v, Q — co Q 03 ca en a) co w Q) 0- 0_ c N o U ...c u M O a) 0 O 0 c f0 Q) a-+ U N N (1) iJ a) ca O 0 v) S f0 Q) O +' �, coif C u v c+ (13 .— >. t c c , co ++ o Q Q > W C 0U 0 -0 U U .> 0 0 QJ 4, .0 .a CU 4—' CD QJ aJ 4A b.Q a 4-+ 0) 0) O a) > 0) t 0 Q) c c 0 U CU 0 f0 t N 0 f0 Q U U LO 0 Items 4,5 and 6 of the old ordinance cover parking, as do items f and g of the new ordinance, though they differ slightly. CO (1) 'CU J 0 CD Q U V 0 N E 0 i r • • 1 • Proposed Ordinance — Home Occupation Level B Current Ordinance — Home Occupation in a Rural District as as +, 00 a) (1) - J o U v C w — O Q +� a) ca a a m a VI 7 y U C > 0 O u E o 0 r dA CO C 0. u ° o u O O m E.Go O > O 0) � J 1 2 i O C a >- 0_ as c a O U = o 0 - U 0) 0 .0) N E OOC -o E Requirements: CO 0) E V) L- (1) L i c 0 Q CU c CO to `+- > (0 O O 0) s_ (0 J _ co OA M (13 0) o(0 • � 3 c N ) u v) 3 (C0 O *' 0 c >, _ la a) i O ,(n 0 v +.+ a U CO a) VI 00 0 -C 0 C (c0 0 C >.:. i H la it a (O o a _C OA +.' O 1— as C L (0 0)) 0 CA t. (O .L c O " 0) 0) z t H- O O) N O) a C 0) as a) 0 O O co O. U 0 0 a) E O CO 0) O) -J O L 0) 0 0) U (0 0 (0 no 0 ■ (0 a C a) a O 0 (0 dO a) 0 o 0) E 0 0 U 0) 0) O a E 0) .o c (0 a aO (0 (0 OA O 0) L U O) 0) -J }, c on - (U6 c (1) 4-+ v 0 a) c OO C O v 7 (0 0) U > C •c Y a o v a) C L - +, E o a) -D " 0. a) a) 0 (13 +�- c f a c O O V 0) - O " — 7 E 4-, CO -C o N C 10 >, (0 L O a) E a) (o a) U (0 d (0 GO vi 0) 0) 5 a) 4-, 4- (0 (0 4— O a) 4— a) .GO 0) a) a 0 a (0 N 0 N a) A ro C (0 CA 4- (0 .- (0 0 (0 a) O U S- L 0 0) U U 03 Permitted occupations shall not include any of the following: 0) 4— O VI C 0 *j E o as a) v c c n3 v o 4-' O C a) a) 0 0 co 0)) a) O Q. O 0_ O w +' V)V v c O Li) (0 -0 C c v L a v E O d 46 N -0 a- yd) O > TD E >- `o C a c a) v 4- 0 E o te a) t +-+ - CO � a) 0) U f6 a O (n o � a O � • F- a) N - -O E 0 w E v' a) C O -c ri O c a, C (b vi 0 (0 N Vf 0) (0 -0 O) U co 0 C 0) L) U 0) -c 0)) 0) a) C CU L 0) E 0 tom/) U O C 0 4-, 0) a a (0 V a) (0 O 0 -c c) '-I 2 0) 0) 0 0 0) C CO a X a) a) C CO U 0) U C CO O a) a) E (0 ((00 0. 0. a) C O (0 t 0) 0 E 4E) 0) co (0 U Q) N C qO 0 0 0 .o 0 t N a) a) O a QJ 0 0) O O U 0 O 4-, E 0) a O Q 0) t C 0 0 a) E a) a N (0 GO C a) a) 0 a) a) at one time. a) 4— O c O _0 O25 o (0 • a (0 a) U c v C d0 C O -0 0) O O 0) a O LO U a (0 a) O Go t 'v 3 � 0J o o C +J c 4- L) i C O 4"' 0) L V 4, ((00 U co > N GO a t°) 1/ Y co co (0 U O- U N CU M a) c Li- 'CS L 0 -0 CU a; a o 3 CO 0 0 in O O Q rI = v -.7. •L L • C a To > +' co E a) al ( c "' °▪ - -c o w c a (o a 0 v a, • v) bA O j, O c Q o '� in ++ O o vin) -0 i >. O C fl. E u co co a °_ co (O E C > U 4- v a v -0 L CU v 0 v W V LO to D O O 0 'n c.) CD CU aJ !• 4- Q L - ate' C Q vi CU to (9 `- ▪ ▪ E = O CO v O a °J c ° a CU ° Q • ° 0 E ' C Q L (o ai c 'a • c u ab a O V = • N *' Q 3 a — ° C L c c 3 E ° ° CU c v) a U c O Y _c -a x ▪ ▪ Q O a, E E s a a) ° a) u +, O ...# u a° >(N 3 z o O L 1 0. -d as E -0 c 0 • U v) dA a a 0 0 4., a c .0 a L a as ro o +, E o c u L a a v) (v 0.) . a 0 Y > o - ro 0 L v a t.) U a V) 4- -C a) H f6 T 0 0 O 0 0 c t O 0 g▪ at ▪ an E a c Q (O ▪ c -0 U a — 4- a a a -0 C (6 (o c .0 L � O C -0 co G.) V) C o a a > 0 Q a 1- I m1 a) a i 0 i } >. C O • L a L as -0 a) can U a) v +, V) a 4- v) ns in N O 0 0 c a = v o o • c C v 0 + t O a) 0 on (., -0 a te a, a U C c c (o E .a 2 0 - C — c c (o • (o a -a v) Q >, u0 a W CU -0 a (o (16 (a O Y -0 0 U v1 0 C N 0 (-) ,- O a c a 'c 0.0 U v) a ,C C . 4., a as a x ID C -• a a v) O w: a c -0 c LE .47") n Li) _ O .Q O '5 Q to • _0 o L o a a) a) J a) t 0 V) E 0) c 0 a c n3 L C a a Q a) U -0 C a > G.) 0 0 a) a 4- c O a a v) ▪ v a 0 �J U 0.) L ro (O (6 c 4) C 4) Q 0 0 L 0 c a) cu L CU a) N a) a) Q Q w O O 0 4J 0_ L U n3 c 0 a) W 4—) 0 V) E a) • W J c 0 a U V 0 E 0 2 A, W co c _ c -O cu O c c a) 0 0- 0 L a _C V 1_ aC) .i LO C i3 cu c CD a) a) > COL (0 LTD 4--' = a) >n Q CO CO CO C LJ .� c U . t a, CS O U U a) L (0 ? 0- N N Q. O N M U U E O a 0) 4-, 0 s N N 4-, c CO O_ 0 U 0 c O E o c -0 0 CU CU a, L C CU a) _c CU — CO v - U N O CD 4-, N f0 a) N U � O f0 c U C c 0 c 0. U U in 0 1 Q O 0. t 4-, 0 N V) a) U U (0 c (0 Q.) > a) O s a) 4-, 5. >, 3 a) 4-, L L- W CO C c Q) M O C -0 N C (0 c W O a) 0 -c C O (0 O_ 0 U VD 0 O CU U a) a) O C t N CD U ro Q c Y a aJ c 0 O a) c a) .c H Tess than two. Personal Service Businesses shall be limited to allow the • servicing a single customer at a time. Y c C •N .0 (0 QS F6 N � 0 73 4-, a) U C N ru .0 o ,N E >, a) t a) (0 +-' - c .N "_ Y a-+ O w. as O O O cs O N 4-, G !6 N Q _c .� O L = N N C L_ a (0 O U C c a) O Y = N L O N C O U a a) L o 0 n }' 7-1 -a c 0 0 C 1 4O+ N cu i O o .`-' O 7 73 0 E -0 O O N N bp (/I N L (0 C a) -0 00 -O a) 0 0 C t a C a) 0) E c 3 m a) CO 'O (0 U CO Y L a) C O U O a) a) a0 c a) a) a O a) E (0 N E 0 -, U O O t O t 0,0 .0) c (0 O c U 0) a) a, L 4-,c C O C L O (0 L 0.0 0.0 f0 a) O C 00 O C CO C s- o O_ O o 4-, -c C O aJ E LE W ^c W a--) 0 co 0 N E +J co tab c co Q L 0 ^U' W V co o 0 0 a) 4.1 4- O c co Ll') N E 4J 1L 0 0 0 _r /'c W 4 -) W 4-J 0 Q O a) U co c 0 a) rW _c ) 4- O c E a) 4-/ Qi U c co 0 c 0 a) 0 0 0 c (0 U L VI U 0 CO +O N E a) Q CO v residential property in the city. CD (1) (1) J co L.) o 0 co N U V) at) c NJ O co 4J fB 0 co a) V c co a) N O Q 0 a) a) co 0 V) E (1) 0 J c 0 U U O G) E 0 0) c io c 0) L c cu 0 O O L a f0 •c c 0 a 0 0 0 0 a) c ra v 6 0 U a) U m ca Requirements - Rural Districts. Accessory Buildings. -0 — fp CD cc0 N fl- - 0 L v, Y C a) 71 `) CL; c CO c a) C - L a) a) c .N a (0 N a) 0_ E m N c E-0 Cr L c o c O° c) a) as CD •E v 0 as O ca '} -a 4 CU- 4 Y -0 a) O 0 *' ° ° N 4, 4- L Y VI VI L L >. Y c a) C + = 3 0 'C c0 `n CO CU L 0 > _in ate-, O c 0 L c0 0 0. 0 to E i0 c o° a) c Q w vvi -E ° 0 0 = 0_ c a c 3 O a) U 4-, L o � 0 ''' v CO 0 N U -a > v, v O co >, `^ m an s° O c- v, a) L v) Y cli u o° ° ate,) 0 -0 V) CO Q. ° o C CD a) 0 0 +' 'L } +� 0 a) w !0 _0 Q) U L Q) • - +' .3 Y @ _0 CO 0 N v, (0 0 E 4N-, CO 0_ (d 0_ 4- L 0 CU Q) a"' (0 CD U E° Q o 0 a x c CO E F' c v 0 ° 0 0 .° E cow-, tiA +, 0 v, -0 c I L U L @ ° r-I CC O v, N O D U c U r treatment system. r r•I W 5 0- Q) co QJ W b.o � N m Q) L Q) G) Q C O ate-+ Q X w O Q) L- E O _0 _ E C6 � L O V) QJ c o- u O n3 n3 C a) L O v tap 4J /11 N L- . — X Q) Q) Proposed Ordinance — Home Occupation Level C Current Ordinance — Home Extended Business QJ (n 0 W • C n 0 m w -O Ln CV Cr) C - v }, X OA w C CN O C � 0 >' = C 0 .- O _C U T C 0 vi u U U C L (0 N C La b.0 O C p N m _ Home Extended Businesses. v c U a a+ CO 0 X X a) a, 'Es a) C O0 C _c -C (o 4- -0 c ..0 C VI C a) E c -0 ns U U V) CO L a) N L 0) 0 a) C 00 a)) 'c a O U 3 N I cti L QJ @ 0) 4-' a) (0 4-+ a' °C = 0 Q a) N L 'a E 4.' @ U U 4-, C LO "a `�- (0 V) C N Zi CO .� U Q vl C O (o > 0 O a) CC c J N .47. - f° c > Q - C O 2 3 , 6- O a-( Q u v "C+ °c c a on U O • a O = c a 3 c 4- 0 > •3 E 72 2 O O o J 0 = O N > E ' 00 a) VI > O O 2 y.' CO C -O v (0 c Q Qi N ai x L E a) U w o? 0 _i I l0 a) 3 Q L Q a) a) 0 a) aC 'oA E E 0) L > L 0 0 cg 0 o o 0) U x 0) iA CO C a) O a) n3 0. x 0) 0) co 0, c N .0 0) 0 c 0) X a) 0) E O L 1 � O C O 0) }' N C .0 LCD CU O- n3 CI) o -a cu J L (0 a) 0 0 0 CO as fp — CU L L CC cO 0 c w co O 0 C W tta (o C C r-.+ (0 C 0 +' CO N }' N 0 a) C2 +' L L 0) Q Q O O t Permitted Home Extended Businesses. a) c E N N CL a) cu D c E L x ) w v E (1) O +�.' = i • oA N O O (.) 7 O _A 0 U CU i-' U VI p C OA C 0 0 N CC v m c a) t H 0) (0 d4 7 0) 0 o0 .0 •E 0)) >- O ,, fo N f0 0 4-+ CD N 0) 0) 'N = Q .0 av,) ai -a a) = c a) .c 7 E (o C 7 'L c 0) m 0) 1173_ X CD c O 0) C O H E f6 o d o O cic as 0 -0 Q _0 C 03 N LE 0 ("NI 3 0- c 0 O a)UU 0 ; to Interim Use Permit. CO C y N VI 7/ Y a-' U (0 4-, O c C E N_ EJ N U O to 0 — (0 +' U CU • 0) E 4 O -a C (,) 0 C� C co C` a) Q � o CL 0 0) H Qualifying Property. 0) U C CO _O 0) 0 U (o a c (o 0) N 0 41) U C` c 0)) or E N O (o E -O CO t%) () N (0 c 0) 0) 0 O C (0 E 0 a) 4- O cf) 4-, v N E 0) C 0) 0 O 4- U .Q a N O 0 O 0 N }' N 4-, c 0) E Q) • Z O- v C 0 O 0 0 m m t 0) 0 C 0 0) 0 OA c 0) CO 0) a`, o 0 c 0 V) 0 e C LJ a -0 o 0 00)) (o o > °) V/ � 4- N N a) a) .0 0) E E H 0 3 c a) L L c) LE C C _0 -6 0) 0) +' }, v 0 +0) ' C O 4- VI O • • • Proposed Ordinance — Home Occupation Level C (Continued) Current Ordinance — Home Extended Business (Continued) Requirements. r-i 4- C t (0 Y C Q, a U E -0 O c 0 f0 U 0 E C o Q) 0 > a 7 0 i1 C E v E O L o C N Y L 0 CL (0 N Minimum Conditions. Business must be located on the homestead of the business 0 O a) a) O 0 E a) O • N 'Cr) Q) Eo � a O E C a) To O o E _ N -0 U (0 CO 0 L a) O 4- (1) a1 aJ (0 E E E 0 a) 4-, N N CU Y a) c C E 4 cu o L Q) -0 _450) +' _O v 1i1.1 }' U 0) a) Q- '� 0 E v t L °) a) s N t Y Y w O o0 0 L -, •c 4-, >- co o a CO D O co c Y � N (0 a) E o a 4-, N -0 U -0 - 0) C E N L a) a) Q) 1-',„ >. -0 o_ E -a G) 4- 3 O a) E ai E v C N o t E O c 0 CO O E Y bp C CO Q) E•` (0 CL t L 4- H Y 0 ci 1 aN ) 0 0 a E Q 0 a--' (0 O (0 O U Q) ra C 0 0 0) 0 0_ O a a) L H a) (0 a) a O ato 0) N a) C ..Q 0 a) Q_ T (0 a) N CU 0 a) 0 Y LE 0 a 0 (0 Q) U c a• c c � -a L L 0 0 a'., N L N • O 0 CL O X Q_ 0) 4-, a) 4- 0 .-1 C O U Q) N O C a) E CL O C Da) V X (1) CU (1) CL a 0 N a1 0 ate-+ N a) Y T 3 L o a) Q.) co OA •U co o N N ca E N a) 0 0) o c C f0 • a) Y Q 0) N H E -Q t 3 a E O U t N N a) a) O a E a) 0 -o L E o O N Y U f0 Y N 4- • N a) cu 0 (0 U U V, f6 Q roa f0 Q (0 c C 0 C F6 ^L W U N N Q) co 0 .X N 4- Q) L 0 2E /0 V W U co V 0 ^o W 0 0 0 N 0 0 0 bp bu/ U a) 0 0 Q) 0 ^0 T cu i2 vi U Proposed Ordinance — Home Occupation Level C (Continued) Current Ordinance — Home Extended Business (Continued) Minimum Conditions. (Continued) C C 0 0 4' (1) -0 3 4L, C 0 O 4-, a) `a M — m CT Cr) N CU t I z L a) L a) C +-.0C c C .0 O > a) o z oa C 0 X .v) O a) X 'L CU ❑. E OA m 0 C �, > 0 1— -0 co c c CU X a) v O t a) t 0 4-, as Q CU N 00 c .O a) C 1 CU c O 4, r0 U O co (00 4, N � U = a, L C (o >• O .0 L }, L (0 — Q 0 n cO ro 4- 0 o 0. Q N 0 LE c •0 co 0 O N U (0 O c (o N 0 O -cs a) co c ' - (0 , c _C o E -O +, O o } n O a) 0 E a) v 0 a) ro _o -o a) O Q O 0 00 c N v C .N c 0 a) Q >- r0 i c O tics 0 0 c a) n a) 0 CU -I:5 _ t C '- O C t (0 u,'3 ) f0 a a) O N -O i aL) E E" _O O C as co t — 03 (1 +, _0 N v .-, .E 3 O 7 N L- 22 U N cl +, .a as a) — • .c L. f6 c t 0 +-' 4-' 4-, L. +-' ._ +, C 4 O 613 C ro c p> p p c c WC CU N ca a) U O . = CI) 13 0 N 1C:51 1— (0 r0 L O 0 .— O U 7 0 p "O N . µ.. co) (0 (0 .N a as ra 0 v ri o '(-5 3 1- 3 N 4-' L a) -O N O O c C "O v w p _U fli 3 0. a) O> L O co 0 >, 4,--,4 O E . }_ a) 4, - N MI N 4) �") N C a) To Q >, 0 O 4, Cl.) CO 0 t In u L 3 t co — ro _ '^ V) 174 +, L a) 0 D a) i co L . O v a) a) f0 a) C a 000 vi OA a-' -O ' c co C_2 L 3 3 >O E 1 v U 3 co N a) 0 L a) a) L < 0 tin co N 0. Q Q.0 H t • • Proposed Ordinance — Home Occupation Level C (Continued) Current Ordinance — Home Extended Business (Continued) Requirements. (Continued) Minimum Conditions. (Continued) M 0 M N 0 u X a) 0 t v C 0 v t a) a) C N OA N 0 a) U L v 0 a, Q 0 t 0 C c c0 a) Q O } (0 v Q O 0 N 0 E 0 O 0 U c f0 c O O a) O Q O Q a) L 1— av ro Q C 3 0 0 a) c 0 r-I c 0 U CU V) Working hours shall be set by the City. N CU U CU L W o > 0 0 0� L pA CU 'T.) C a) c +� a) `-0 0 -C E a) a) u v C -C (0 y, O +-, U - U 0 'O L v Q 0 O 0 Q L 1- N (0 C 4-, (0 VI v CU _C U +-, c C E o o -c L a) Q n 0 C CO O o v 0 ro a) U C (0 C 0 23 CU 0 a) U C (0 E CU" Q CO CL; U (0 CC6 c 3 0 a) t (o � E a, 0 u — v O Q v) •C H V/ CU L v CO O 40 CU c CO • • C aj a) 0 -O -c 4- 0 (0 0 3 c U O U 0 r O v c v (a E > t O _o +., _c ci, v -c CU 3 0 E 4- 4-, 0 0 = 0 C 0 or) f0 0 (^ C ar L1 .� o Q C a) >- (0 (C3 E � 4- Q O c o CU X U } c a) 0. vi 0 N N_ o L E v O a) E aA Q O .0 X a) t — a) ate., t 3 O c F- -a Z o L hA C E- a) 0 c 0 E (0 a) c N E a) U C (0 c 0 a) 0 Q 0 Q v 1- O L "a o t CO CU a) i) L -0 "0 E C O •N ') ° O N ° s V 40 L w +, O 0 (0 to ut C • a) f0 C _ O 4., v c a) Fa X 0 O X ai .� L to .4.-_, N 0 v L L o > aa)) a) (CO O v CO v c O. V O N Q (/( = C C w "O C 0 '� M N u g Q M a) c v N O X •On X a) Q . O O 'O O L v c c v a) O N }' \ O X c Y C ao v C O o CO a) CO L 3 CO C E N > c o 0 = (n Li .c CO •Qi > La) a) a1 N O O C bp 0 CO N W U C O O N L O N b L O t.0 a_+ U .X O v CU 3— O v O J � O co U vi C O CU ^O 0 0 W a, c 0 0 U V a) a, J c f6 0. U U 0 a) 0 a, U f0 c 0 a) 0 0. 0 a Requirements. (Continued) Current Ordinance — Home Extended Business (Continued) Minimum Conditions. (Continued) U O 0_ .) v � N � D -o .� qA C • E O O N 4-+ a) o - +J i O N C o U u C U a) (/) N C O -0 a) +- C a) 1• o O U U v L 1-- a) U c 0 O a) N :6) O N a) N O C E O a) U CU N -0 C O m c v O L a) N 0 ' O U a a (a C v v O t 4, 4' CO C' O O a-+ (1) — U C @ O U }' O 0 a) co C -D E-a = O L ._ a) o N E E a) N = +, 4 V a) CO CO _0 f6 Q = @ -a L N @ i CU Z OD _C Q) N C N E CO N L.. i N 0 C Q O N u) Oa (o CU 3 c u bA C ..) C N O C O 1 (0 7 �-0 o m U � Q CO CU 4- N U O p OL '' CI) L O (n O L a na)CD E-a �c �3 �� c'c) a, o.� O c L _c N N a) Q N 'a H L d N 1 0 (a .c N ED_ s_ 5 0 a) ea U bb c U a) Q U U C 4-- CO C C N 0 a) O Q.. 0 0. a) H no customers or Q) .E C 1-J J U CD O Q O Q Q O +J V) N a) C z N C .� O � C (6 � N O _ o = O C O CO _C v) O (I) -o U N C `- c O CO V L- C te) � U L (o O 1- O N _ O CO O C Q w a) • v^)` y W to residents. • 1 • • 0 N C6 Q E 0 U a) ru0 ca hA ca J no L. CD E 0 v) 0 }r U r-' N L 0 c co c 0 u E c J o 'a 13 vOf 'C 0. O L Current Ordinance Additional Limitations and /or Restrictions. d necessary. 0 a) -0 4_ C a) N CO >,3a)`v N ▪ 713 0 E a) E E S c E O _ v ▪ a-C 4- Q O C N U N c �O U O CO L Nei E as � 4-, — a) N .0 C a)aOE • ° cO Q. 4 J ca co c co 4 3 +7; O O c 0. as a) Q t a) O O a, 0. E= `a o ' E -6 a) ✓ O E _c c ~ O C N v0i QU CIA s I 0 > Q. O Q U t c 4-, f0 aJQ 0.• O E U a) > L co E c c • �' QJ 0 w • 0 a•>+ c 0 '– c >- CI) O c N Q co >- .Q O (7 17- section (8.D) of the new ordinance. 4- o Q v E c0 W a) c0 +' a) c O 0 -0 -0.in `°C N=a tOn t-0 Q.) N Q a)-c- 4-, C N N • EoN a) 4_ _c • — O Nt 0 of C a) 'N > a, 3� H QA 0 O Q co a) c U c CU - o cu in Q. i) 4— tD 0 a--+ a) t + ) 0 a) C ca t]A c6 U a--+ 0 CU 0 0 U a✓ a) CC 0 C co N 0 ate) J ca 0 - o Q) 0 (3 v LO— U C c6 a) CU a) N a) a) a) 0 U a) L ca a) U co O O a) a--+ 0 0 U CU • • Vl 1A L fa E N E O 0 O +.) N -a 0 U • 00 N W c 2o_ V) a L... 'Ll a) u c ro V) ca = V cu (1) c c c (13 13_ .- •_ c6 c C __ O a) a) v) L- a) o • � -o .c > aA - �; •• .. .. — 0 .� CO Cz • 0 Q 0° >, U °� CO a) A 1 2 2 cu -0,1, 2 a) > < a) lai E %11 O O N co L N 02 < 2 L.. L � ,, cc ciu a) V E m m CD to ,C CD C S CU c O V • N v) +, .�..+ V •� X •— 0 = W — '— Q-0 o 0 O o CurrE • 0 CO cu V co C O ((1) 4) 0 • � L tin ra ozu 0 • Current Ord L � cu cu Q -o . C6 Q> > > 4-) -o -o a) lc o 0 0 a) a) Q a Q > > > a) a) cu J J J Zia) N V C . . to .. (▪ 1) = m • 0 Q -o .:z CO (O a) C n oC a) O' w 0 o Q _ _ owed (R -BR Districts) n-- v) a) a) QU c6 O 0 Q O eL cu Current Ord a) • 00 Not more than one CO a) w a) E 0 Not more than two co -FJ co au 0 -0 O C cu - co" 0_ 4- O • 1 CL• N N Li. L. 0 CO —c3 • IP E cu a ca 2 a) s .I.) v) v Current Ordinance a) O Ni c 4- C cv >' O -o a) N N a) cu 2 4— c3 0 N E O ca = .. .. 4 U .. 4_' ('6 CU z a) a� a a) a a) a� CU > > n- E) > a •— a, cu a) J J J Home Occupation: to 0 c E a, Q co a, .a.▪ -) a) z 0,4:2 Home Extended Business: E c 2 L O c11 .3 O D Q If) - t *L- O O • O —0 Q r-I = CU co -0 m many cases. so • • Planning and Zoning Board Minutes and Packets July 8, 2009 August 12, 2009 September 9, 2009 October 14, 2009 Planning & Zoning Board October 14, 2009 Page 3 Mr. Koester confirmed that the kitchen entrance will be used for deliveries. Ms. Brady made a MOTION to close the Public Hearing at 7:06 p.m. Motion was supported by Mr. Pogalz. Motion carried 6 -0. Mr. Pogalz made a MOTION to recommend approval of the Amendment to the Planned Unit Development for Legacy at Woods Edge to modify the Lino Lakes Town Center Design and Development Guide Land Use Plan and the requirements for assisted living facilities in the Mixed Use District. Motion was supported by Mr. Nelson. Motion carried 6 -0. B. CONTINUED PUBLIC HEARING to consider amending the Zoning Ordinance to clarify requirements for Home Occupations, and Residential Storage /Parking Associate Planner Paul Bengtson presented the staff report, addressing any changes made since the September meeting. Under the Home Occupation Section, staff drafted amendments to the hours of operation, the number of allowed business trips, and the number of allowed delivery trips. A number of board members agreed that the proposed allowable hours were too restrictive. They commented that there should be some allowance for evening hours. Since there is a limit to the number of trips, they don't feel it necessary for the city to be unnecessarily restrictive with the hours. Other board members thought that strict boundaries are necessary to encourage home businesses to be good neighbors. They considered the importance of preserving the residential area, and felt that if a business gets to a point that they need to accommodate more customers at later hours, it may be time to get a building to conduct their business. Board Members discussed whether Tier B should require a permit and /or a fee. Some members agreed that it is restrictive enough for the city to enforce requirements and regulations without requiring a permit or a fee. Other members felt there needs to be teeth in an ordinance for it to be effective. Staff reminded the board that requirements should be measurable and not open to interpretation. Under Parking Regulations, staff added text to allow for environmentally - friendly surface options. Staff combined trailers with recreational vehicles, and added text to prohibit the use of recreational vehicles as living quarters while parked on a property. There were no new proposed changes to the area of Exterior Storage since the last meeting. APPROVED MINUTES 419 • so • • Planning & Zoning Board October 14, 2009 Page 4 Mr. Laden made a MOTION to amend the restricted hours of operation under Tier C to "Between the hours of 9 p.m. and 7 a.m. no customers or employees..." Motion was supported by Mr. Root. Motion carried 4 -3. (Brady, Pogalz and Hyden voting nay.) Staff explained that the reason for charging a permit fee for Tier B is to cover the administrative time to verify the applicant address, confirm the requirements of the proposed use, and enter the permit information into a database tracking system. A site visit would require additional time by the city building official if necessary. Mr. Laden asked if it would be possible to charge a fee only if a site visit is required. Staff replied that they would have to establish a threshold for determining when a site visit would be required. Mr. Tralle commented that a split in fees may create problems. Mr. Nelson wondered why the city should even track home occupations falling under Tier B. Staff replied that anytime a customer or employee enters a building they should be assured of life- safety codes. Mr. Nelson made a MOTION to remove the issuance of a permit and fee for Tier B. Motion was supported by Mr. Laden. Motion carried 4 -3. (Pogalz, Brady and Root voting nay.) Board members commented that even though no permit will be required, they believe it is a good idea to have regulations in place and clarity as to what is allowed. Mr. Nelson made a MOTION to close the Public Hearing at 7:46 p.m. Motion was supported by Mr. Hyden. Motion carried 6 -0. Mr. Nelson made a MOTION to recommend approval of Amending the Zoning Ordinance to clarify requirements for Home Occupations, and Residential Storage/Parking. Motion was supported by Mr. Laden. Motion carried 4 -2. (Pogalz and Brady voting nay.) VI. DISCUSSION ITEMS A. Comprehensive Plan Update Mr. Bengtson gave the board an update that the plan was submitted to the Metropolitan Council in August. Staff met with the Met Council to discuss questions and submitted additional information to Met Council as requested. B. Governor Declares "Community Planning Month" Mr. Bengtson stated that the month of October is National Community Planning Month. Included in the board member packets was a Proclamation signed by Governor Tim Pawlenty declaring October as Community Planning Month in the State of MN. VII. ADJOURNMENT APPROVED MINUTES AGENDA ITEM V.B. STAFF ORIGINATOR: Paul Bengtson P & Z MEETING DATE: October 14, 2009 TOPIC: PUBLIC HEARING: Zoning Ordinance Amendment Amending the Zoning Ordinance requirements for Home Occupations /Home Extended Businesses, Residential Parking, and Exterior Storage. BACKGROUND As a part of the 2030 Comprehensive Plan Update, staff identified some issues with the Home Occupation standards and what level of business should be allowed in residential neighborhoods. Additionally, the issue of residential parking and storage is intertwined with Home Occupations. Staff gets a number of calls every month about the rules associated with the various vehicles a site may have stored /parked. The Planning and Zoning Board had some very useful discussion about these issues at both the July and August meetings, and as a result staff has brought the following forward for further review and discussion. HOME OCCUPATION ANALYSIS Based on the Board's previous comments, staff has created a three tiered system that requires actual Permits only if the business has some visible external effects such as employees or customers. The third tier then allows larger properties, Rural Properties, and those that front onto a major roadway to have additional allowances. Hours of operation have been added to tier B and C. Vehicle trip limits have been changed to regulating only business trips and have been adjusted to levels that may be appropriate. And delivery (such as UPS) trips have been adjusted on each level as well. 419 • • • fa PARKING ANALYSIS Staff has drafted a revision to Section 3 Subdivision 5.K that brings all of the residential parking criteria together. Regulations are not changing from current enforcement, but have been reorganized for ease of use. Trailers have been added to the Recreation Vehicle section of the ordinance. A clarification of the definitions of each is appropriate: Additionally, environmental options have been added to the list of acceptable materials, with City Engineer approval. EXTERIOR STORAGE ANALYSIS Staff is proposing to remove RV/Trailer storage from this section and place it within the new residential parking section of the ordinance, and to add refuse and recyclable materials to the list as a reference to the appropriate section regarding these items that can be stored outside. Along with those determinations, staff would also like to ask the Board to review the list of exceptions and to consider if any other items should be included. Draft language is attached for review. PROCESS The Public Hearing for this item was properly noticed, opened at the July meeting, and continued to this meeting for further discussion. Following a recommendation by the P & Z Board, staff will present the proposed amendment to the City Council. An ordinance requires two readings (and votes) by the City Council. Upon adoption, it then is published in the newspaper and becomes effective after thirty days have passed. RECOMMENDATION Staff is recommending adoption of the language attached to this report. ATTACHMENTS 1. Draft Home Occupation Language to replace Section 3 Subd. 8 & 9 2. Residential Parking Language to replace Section 3 Subdivision 5.K 3. Draft Exterior Storage Language to replace Section 3 Subd. 4.P 4. Definitions to be amended in Section 1 Subdivision 2 Attachment 1 DRAFT HOME OCCUPATION STANDARDS Subd. 8. Home Occupation Permits. A. Purpose. The purpose of this section is to provide a means by which home occupations can be conducted as an accessory use to a residential dwelling unit, as a use that is clearly incidental and secondary to a residential use on the same premises, without jeopardizing the health, safety and general welfare of the surrounding neighborhood or the inhabitants of the home occupation site, and without jeopardizing the residential character of the neighborhood. B. Application. Subject to the non - conforming use provision of this section, all occupations conducted in the home shall comply with the provisions of this section, with the exception of the following: 1) Permitted agricultural /farm related uses in the R and R -X Districts (and when found to be in conformance with all other provisions of this Ordinance) need not meet the provisions of this subdivision. 2) The limited seasonal sale of products grown solely on the site by the residents of the homestead shall be exempt from the provisions of this subdivision. 3) Daycare when licensed by the state and /or county 4) Any other use listed as a Permitted, Conditional, or Interim use within the corresponding zoning district. 5) Any use allowed by an existing Conditional or Interim Use Permit. C. Procedure. A permit shall be required for any Home Occupation Level B or C, in accordance with the following procedure: 1. Application for a Home Occupation permit shall be filed by the property owner or designated agent with the Zoning Administrator on forms to be provided by the City. 2. Application for a Home Occupation permit shall be accompanied by a non - refundable fee as established by City Council ordinance. 3. The Zoning Administrator shall review the application and shall determine whether the proposal is in compliance with all applicable evaluation criteria, codes, ordinances, and applicable performance standards set forth in the Ordinance. The Zoning Administrator ID • • • shall notify the applicant, in writing, of any incomplete application within fifteen (15) business days of the date of submission. D. Violations. After two (2) founded nuisances, or code violation complaints have been made and verified with written notices to the home occupation, a public hearing may be called to consider additional conditions, limitations, or revocation of the home occupation within sixty (60) days of the last complaint. E. Expiration. Upon issuance, a Home Occupation permit shall continue to be valid unless one or all of the following occur: 1. The business owner relocates to another residential address; permits are not transferable to another person or property. 2. The type of businesses occurring on the site changes significantly. 3. If the permit is revoked by the City per section D above. F. Requirements - General Provisions. All home occupations shall comply with the following general provisions and according to definition, the applicable requirement provisions. 1. General Provisions. a. Any home occupation shall be clearly incidental and secondary to the residential use of the premises, and shall not change the residential character thereof. b. All home occupations must comply with all provisions of the City Nuisance Ordinance and shall result in no incompatibility or disturbance to the surrounding residential uses. c. No home occupation shall require internal or external alterations or involve construction features not customarily found in residential dwellings except where required to comply with local and state fire and police recommendations. d. In no case shall the permitted home occupation cause to create the need for an additional driveway access to the property. e. Personal vehicles not exceeding a gross weight rating of eleven thousand seventy -five (11,075) pounds used in the home occupation may be parked on the site. f. Any vehicle with a gross weight rating in excess of eleven thousand seventy -five (11,075) pounds is subject to Section 3, Subdivision. 5.K of this Ordinance. g. The home occupation shall meet all applicable fire and building codes. h. All signage for the business must comply with the city sign code. i. When applicable, all state licensing requirements are satisfactorily met. J. The applicant shall demonstrate, in a manner found acceptable to the City Engineer that such use is within the capabilities of the property's sewage treatment system or the city's utility system. k. There shall be no use or outdoor storage of any toxic chemicals or hazardous materials of any type or in any amount not normally found in a residential structure. I. No motor vehicle repair, paint or body work; commercial preparation of food for service on the premise; business related to or involving explosives, ammunition or weapons; or ambulance or related emergency services shall be permitted as a Home Occupation. m. No retail of anything produced off -site. G. Requirements — Home Occupation Level A. All residential dwelling units are eligible for a Home Occupation Level A, and must comply with the following provisions specific to the Home Occupation Level A. 1. Requirements. a. Permitted home occupation shall be confined to the private dwelling unit, and shall not be conducted in any accessory structure on the premise, including an attached garage. b. No customers or employees who do not reside at the dwelling may be permitted on the property. c. If the home occupation will require a delivery service, such as UPS, no more than ten delivery/pickup trips per week shall be permitted. 419 • • • d. The home occupation may not occupy more than 10% of the structure. e. No exterior evidence of the presence of the home occupation on the premises, except any signage allowed by the sign code. f. All off - street parking generated by the home occupation shall be confined to the driveway. g. The number of on -site parking spaces shall not be reduced to less than two. H. Requirements — Home Occupation Level B. All residential dwelling units are eligible for a Home Occupation Level B, and must comply with the following provisions specific to the Home Occupation Level B. 1. Requirements. a. Permitted home occupation may be conducted in an accessory structure provided that it can comply with life safety requirements. b. A limit of two customers or employees who do not reside at the dwelling may be permitted on the property at one time. c. Areas accessible to customers or employees shall comply with all applicable life safety codes. d. Vehicle trips generated by the business shall not exceed 20 in any twenty four hour period. e. If the home occupation will require a delivery service, such as UPS, no more than ten delivery/pickup trips per week shall be permitted. f. The home occupation may not occupy more than 10% of the dwelling. g. No exterior evidence of the presence of the home occupation on the premises, except any signage allowed by the sign code. h. All off - street parking generated by the home occupation shall be provided on a hard surface in or adjacent to the driveway. i. The number of on -site parking spaces shall not be reduced to Tess than two. J. Personal Service Businesses shall be limited to allow the servicing a single customer at a time. a. Between the hours of 7 PM and 7 AM no customers or employees who do not reside on the site may be at the site and no business operations occurring outside of the main dwelling are permitted. For the purpose of this section, an attached garage does not count as part of the main dwelling. Requirements — Home Occupation Level C. All properties developed with a dwelling, that are either over 1 acre in size; zoned Rural, Rural Business Reserve, or Rural Executive; or front on an arterial roadway are eligible for a Home Occupation Level C, and must comply with the following provisions specific to the Home Occupation Level C. 1. Requirements. b. Permitted home occupation may be conducted in an accessory structure provided that it can comply with life safety requirements. c. The maximum number of employees and customers visiting the site at any one time will be determined by the availability of parking on the site. d. Areas accessible to customers or employees shall comply with all applicable life safety codes. e. Vehicle trips generated by the business shall not exceed 30 in any twenty four hour period. f. If the home occupation will require a delivery service, such as UPS, no more than ten delivery/pickup trips per week shall be permitted. g. The home occupation may not occupy more than 10% of the dwelling. h. No exterior evidence of the presence of the home occupation on the premises, except any signage allowed by the sign code. i. All off - street parking generated by the home occupation shall be provided on a hard surface in or adjacent to the driveway. j. The number of on -site parking spaces shall not be reduced to less than two. M fib • ea so • k. Personal Service Businesses shall be limited to allow the servicing of only two customers at a time. I. Between the hours of 7 PM and 7 AM no customers or employees who do not reside on the site may be at the site and no business operations occurring outside of the main dwelling are permitted. For the purpose of this section, an attached garage does not count as part of the main dwelling. J. Additional Limitations and /or Restrictions. 1. So as to maintain compatibility and protect the health, safety and general welfare of the public, the City may impose additional limitations or requirements as it deems necessary. 2. The City may impose the posting of a security in order to insure compliance with any condition imposed. K. Inspection. The City of Lino Lakes hereby reserves the right, upon approval of any home occupation permit, to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this section or any conditions additionally imposed. L. Penalty. Violation of the home occupation zoning performance standards shall be subject to the enforcement and penalty provisions of Section 2, Subdivision 9 of this Ordinance. Planning & Zoning Board September 9, 2009 Page 4 At this time, the board discussed Item 6A, as listed under Discussion Items. B. CONTINUED PUBLIC HEARING to consider amending the Zoning Ordinance to clarify requirements for Home Occupations and Residential Storage/Parking Associate Planner Paul Bengtson presented the staff report. Chair Tralle reopened the Public Hearing at 7:50 p.m. Mr. Bengtson pointed out amendments that staff made since the last meeting. Board Member discussion included hours of operation, trip generation and permit fees for home businesses. Staff explained the reason for a fee is that a home business is considered a special use that is above and beyond a single- family use of a home. Staff explained that a permit will be issued for the lifetime of the business, therefore a one -time only fee will be required. Limitations for the allowed use will go into city records and staff will then have the ability to pull information from a file if complaints or problems should occur. Board members thought it was reasonable to set limits on hours of operation for noise generating activities. The Board suggested consistency with the allowable hours found in existing ordinances. Staff agreed to draft a number of options for the board to consider. Staff reminded the board that the focus is to protect the residential character of a neighborhood when addressing home business. Chair Tralle called a break at 8:35 p.m. The meeting reconvened at 8:43 p.m. On- street parking was discussed. The city currently does not restrict on- street parking. The Board requested that the city council consider on- street parking requirements within the city. Mr. Bengtson responded that staff would discuss the issue of on- street parking. Board Members discussed alternate options for parking surfaces. Board Members pointed out that any environmental options would need to be approved by the city engineer to make sure all aspects of proper drainage are addressed. Staff will amend text to clarify that recreational vehicles cannot be used as additional living quarters and that recreational vehicles and trailers shall be considered the same. Staff will make additional amendments based on board recommendations and bring a final draft to the October meeting for the board to review. Ms. Brady made a MOTION to table the consideration for Amending the Zoning Ordinance to clarify requirements for Home Occupations and Residential Storage/Parking to the October P &Z Meeting. Motion was supported by Mr. Pogalz. Motion carried 6 -0. APPROVED MINUTES • AGENDA ITEM V.B. STAFF ORIGINATOR: Paul Bengtson P & Z MEETING DATE: September 9, 2009 TOPIC: PUBLIC HEARING: Zoning Ordinance Amendment Amending the Zoning Ordinance requirements for Home Occupations /Home Extended Businesses, Residential Parking, and Exterior Storage. BACKGROUND As a part of the 2030 Comprehensive Plan Update, staff identified some issues with the Home Occupation standards and what level of business should be allowed in residential neighborhoods. Additionally, the issue of residential parking and storage is intertwined with Home Occupations. Staff gets a number of calls every month about the rules associated with the various vehicles a site may have stored /parked. The Planning and Zoning Board had some very useful discussion about these issues at both the July and August meetings, and as a result staff has brought the following forward for further review and discussion. HOME OCCUPATION ANALYSIS Based on the Board's previous comments, staff has created a three tiered system that requires actual Permits only if the business has some visible external effects such as employees or customers. The third tier then allows larger properties, Rural Properties, and those that front onto a major roadway to have additional allowances. Additionally, staff has tried to address some of the Board's concerns raised at the last meeting. The draft language is again attached to this report, and staff would like to receive any additional comments prior to finalizing the language. PARKING ANALYSIS Staff has created a worksheet to try and address all of the issues and arrange them in a user friendly format. Issues or new text are underlined throughout, and much text is direct from the existing ordinance. The major issues to discuss would be screening of rear yard parking, clarifying the definition of a Recreational Vehicle, and identifying any subsequent standards that might be needed for Utility Trailers. EXTERIOR STORAGE ANALYSIS Staff is proposing to remove RV/Trailer storage from this section and place it within the new residential parking section of the ordinance, and to add refuse and recyclable materials to the list as a reference to the appropriate section regarding these items that can be stored outside. Along with those determinations, staff would also like to ask the Board to review the list of exceptions and to consider if any other items should be included. Draft language is attached for review. PROCESS The Public Hearing for this item was properly noticed, opened at the July meeting, and continued to this meeting for further discussion. Following a recommendation by the P & Z Board, staff will present the proposed amendment to the City Council. An ordinance requires two readings (and votes) by the City Council. Upon adoption, it then is published in the newspaper and becomes effective after thirty days have passed. RECOMMENDATION Based on input by the Board at this meeting, final language for Home Occupations, Parking, and Exterior Storage will be prepared for the October meeting. As such, staff is recommending continuing this item and the public hearing until then. ATTACHMENTS 1. Draft Home Occupation Language 2. Residential Parking Worksheet 3. Draft Exterior Storage Language 101 ire • • Attachment 1 DRAFT HOME OCCUPATION STANDARDS Subd. 8. Home Occupation Permits. A. Purpose. The purpose of this section is to provide a means by which home occupations can be conducted as an accessory use to a residential dwelling unit, as a use that is clearly incidental and secondary to a residential use on the same premises, without jeopardizing the health, safety and general welfare of the surrounding neighborhood or the inhabitants of the home occupation site, and without jeopardizing the residential character of the neighborhood. B. Application. Subject to the non - conforming use provision of this section, all occupations conducted in the home shall comply with the provisions of this section, with the exception of the following: 1) Permitted agricultural /farm related uses in the R and R -X Districts (and when found to be in conformance with all other provisions of this Ordinance) need not meet the provisions of this subdivision. 2) The limited seasonal sale of products grown solely on the site by the residents of the homestead shall be exempt from the provisions of this subdivision. 3) Daycare when licensed by the state and /or county 4) Any other use listed as a Permitted, Conditional, or Interim use within the corresponding zoning district. 5) Any use allowed by an existing Conditional or Interim Use Permit. C. Procedure. A permit shall be required for any Home Occupation B or C, in accordance with the following procedure: 1. Application for a Home Occupation permit B or C shall be filed by the property owner or designated agent with the Zoning Administrator on forms to be provided by the City. 2. Application for a Home Occupation permit B or C shall be accompanied by a non - refundable fee as established by City Council ordinance. 3. The Zoning Administrator shall review the application and shall determine whether the proposal is in compliance with all applicable evaluation criteria, codes, ordinances, and applicable performance standards set forth in the Ordinance. The Zoning Administrator shall notify the applicant, in writing, of any incomplete application within fifteen (15) business days of the date of submission. D. Violations. After two (2) founded nuisances, or code violation complaints have been made and verified with written notices to the home occupation, a public hearing may be called to consider additional conditions, limitations, or revocation of the home occupation within sixty (60) days of the last complaint. E. Expiration. Upon issuance, a Home Occupation permit shall continue to be valid unless one or all of the following occur: 1. The business owner relocates to another residential address; permits are not transferable to another person or property. 2. The type of businesses occurring on the site changes significantly. 3. If the permit is revoked by the City per section D above. F. Requirements - General Provisions. All home occupations shall comply with the following general provisions and according to definition, the applicable requirement provisions. 1. General Provisions. a. Any home occupation shall be clearly incidental and secondary to the residential use of the premises, and shall not change the residential character thereof. b. All home occupations must comply with all provisions of the City Nuisance Ordinance and shall result in no incompatibility or disturbance to the surrounding residential uses. c. No home occupation shall require internal or external alterations or involve construction features not customarily found in residential dwellings except where required to comply with local and state fire and police recommendations. d. In no case shall the permitted home occupation cause to create the need for an additional driveway access to the property. e. Personal vehicles not exceeding a gross weight rating of eleven thousand seventy -five (11,075) pounds used in the home occupation may be parked on the site. fa • • • f. Any vehicle with a gross weight rating in excess of eleven thousand seventy -five (11,075) pounds is subject to Section 3, Subdivision. 5.K of this Ordinance. g. The home occupation shall meet all applicable fire and building codes. h. All signage for the business must comply with the city sign code. i. When applicable, all state licensing requirements are satisfactorily met. j. The applicant shall demonstrate, in a manner found acceptable to the City Engineer that such use is within the capabilities of the property's sewage treatment system or the city's utility system. k. There shall be no use or outdoor storage of any toxic chemicals or hazardous materials of any type or in any amount not normally found in a residential structure. I. No motor vehicle repair, paint or body work; commercial preparation of food for service on the premise; business related to or involving explosives, ammunition or weapons; or ambulance or related emergency services shall be permitted as a Home Occupation. m. No retail of anything produced off -site. G. Requirements — Home Occupation Permit A. All residential dwelling units are eligible for a Home Occupation Permit A, and must comply with the following provisions specific to the Home Occupation Permit A. 1. Requirements. a. Permitted home occupation shall be confined to the private dwelling unit, and shall not be conducted in any accessory structure on the premise, including an attached garage. b. No customers or employees who do not reside at the dwelling may be permitted on the property. c. If the home occupation will require a delivery service, such as UPS, no more than six delivery/pickup trips per week shall be permitted. d. The home occupation may not occupy more than 10% of the structure. e. No exterior evidence of the presence of the home occupation on the premises, except any signage allowed by the sign code. f. All off - street parking generated by the home occupation shall be confined to the driveway. g. The number of on -site parking spaces shall not be reduced to less than two. H. Requirements — Home Occupation Permit B. All residential dwelling units are eligible for a Home Occupation Permit B, and must comply with the following provisions specific to the Home Occupation Permit B. 1. Requirements. a. Permitted home occupation may be conducted in an accessory structure provided that it can comply with life safety requirements. b. A limit of two customers or employees who do not reside at the dwelling may be permitted on the property at one time. c. Areas accessible to customers or employees shall comply with all applicable life safety codes. d. Vehicle trips for the property, including those generated by the business, shall not exceed 30 in any twenty four hour period. e. If the home occupation will require a delivery service, such as UPS, no more than six delivery/pickup trips per week shall be permitted. f. The home occupation may not occupy more than 10% of the dwelling. g. No exterior evidence of the presence of the home occupation on the premises, except any signage allowed by the sign code. h. All off - street parking generated by the home occupation shall be provided on a hard surface in or adjacent to the driveway. r • SI • • i. The number of on -site parking spaces shall not be reduced to less than two. j. Personal Service Businesses shall be limited to allow the servicing a single customer at a time. Requirements — Home Occupation Permit C. All properties developed with a dwelling, that are either over 1 acre in size; zoned Rural, Rural Business Reserve, or Rural Executive; or front on an arterial roadway are eligible for a Home Occupation Permit C, and must comply with the following provisions specific to the Home Occupation Permit C. 1. Requirements. a. Permitted home occupation may be conducted in an accessory structure provided that it can comply with life safety requirements. b. The maximum number of employees and customers visiting the site at any one time will be determined by the availability of parking on the site. c. Areas accessible to customers or employees shall comply with all applicable life safety codes. d. Vehicle trips for the property, including those generated by the business, shall not exceed 30 in any twenty four hour period. e. If the home occupation will require a delivery service, such as UPS, no more than six delivery/pickup trips per week shall be permitted. f. The home occupation may not occupy more than 10% of the dwelling. g. No exterior evidence of the presence of the home occupation on the premises, except any signage allowed by the sign code. h. All off - street parking generated by the home occupation shall be provided on a hard surface in or adjacent to the driveway. i. The number of on -site parking spaces shall not be reduced to less than two. j. Personal Service Businesses shall be limited to allow the servicing of only two customers at a time. J. Additional Limitations and/or Restrictions. 1. .So as to maintain compatibility and protect the health, safety and general welfare of the public, the City may impose additional limitations or requirements as it deems necessary. 2. The City may impose the posting of a security in order to insure compliance with any condition imposed. K. Inspection. The City of Lino Lakes hereby reserves the right, upon approval of any home occupation permit, to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this section or any conditions additionally imposed. L. Penalty. Violation of the home occupation zoning performance standards shall be subject to the enforcement and penalty provisions of Section 2, Subd. 9 of this Ordinance. • • • • Planning & Zoning Board August 12, 2009 Page 2 V. ACTION ITEMS A. PUBLIC HEARING to consider amending the Zoning Ordinance to clarify requirements for Home Occupations, and Residential Storage/Parking Associate Planner Paul Bengtson presented the staff report. Staff explained a draft three -tier system that could be used for home occupation requirements, as described in the staff report. Staff recommended continuing the Public Hearing to the September meeting. Staff will come back with additional and revised language for the board to discuss. Following discussion of the staff report, board members had a number of suggestions for staff to consider prior to the next meeting. Chair Tralle reopened the Public Hearing at 8:27 p.m. Ms. Brady made a MOTION to table the consideration for Amending the Zoning Ordinance to clarify requirements for Home Occupations, and Residential Storage/Parking to the September P &Z Meeting. Motion was supported by Mr. Root. Motion carried 4 -0. IPVI. DISCUSSION ITEMS A. None VII. ADJOURNMENT Mr. Pogalz made a MOTION to adjourn the meeting at 8:28 p.m. Motion was supported by Ms. Brady. Motion carried 4 - 0. Respectfully submitted, Dawn Bugge Community Development Assistant • APPROVED MINUTES AGENDA ITEM V.A. STAFF ORIGINATOR: Paul Bengtson P & Z MEETING DATE: August 12, 2009 TOPIC: PUBLIC HEARING: Zoning Ordinance Amendment Amending the Zoning Ordinance requirements for Home Occupations /Home Extended Businesses, Residential Parking, and Exterior Storage. BACKGROUND As a part of the 2030 Comprehensive Plan Update, staff identified some issues with the Home Occupation standards and what level of business should be allowed in residential neighborhoods. Additionally, the issue of residential parking and storage is intertwined with Home Occupations. Staff gets a number of calls every month about the rules associated with the various vehicles a site may have stored /parked. The Planning and Zoning Board had some very useful discussion about Home Occupations at the July meeting, and as a result staff has done some research and brought forward a revised approach. In addition to hopefully wrapping up the Home Occupation conversation, staff has also created a worksheet to aid discussion of the parking issue. The goal being to conclude discussion at the August meeting and bring actual ordinance language to the September meeting for action. HOME OCCUPATION ANALYSIS Based on the Board's previous comments, staff has created a three tiered system that requires actual Permits only if the business has some visible external effects such as employees or customers. The third tier then allows larger properties, Rural Properties, and those that front onto a major roadway to have additional allowances. Additionally, staff has tried to address some of the Board's concerns raised at the last meeting. The draft language is again attached to this report, and staff would like to receive any additional comments prior to finalizing the language. • • • • PARKING ANALYSIS Staff has created a worksheet to try and address all of the issues and arrange them in a user friendly format. Issues or new text are underlined throughout, and much text is direct from the existing ordinance. The major issues to discuss would be screening of rear yard parking, clarifying the definition of a Recreational Vehicle, and identifying any subsequent standards that might be needed for Utility Trailers. EXTERIOR STORAGE ANALYSIS Staff is proposing to remove RV/Trailer storage from this section and place it within the new residential parking section of the ordinance, and to add refuse and recyclable materials to the list as a reference to the appropriate section regarding these items that can be stored outside. Along with those determinations, staff would also like to ask the Board to review the list of exceptions and to consider if any other items should be included. Draft language is attached for review. PROCESS The Public Hearing for this item was properly noticed, opened at the July meeting, and continued to this meeting for further discussion. Following a recommendation by the P & Z Board, staff will present the proposed amendment to the City Council. An ordinance requires two readings (and votes) by the City Council. Upon adoption, it then is published in the newspaper and becomes effective after thirty days have passed. RECOMMENDATION Based on input by the Board at this meeting, final language for Home Occupations, Parking, and Exterior Storage will be prepared for the September meeting. As such, staff is recommending continuing this item and the public hearing until then. ATTACHMENTS 1. Draft Home Occupation Language 2. Residential Parking Worksheet 3. Draft Exterior Storage Language 4. Examples of Gross Vehicle Weight Ratings (GVWR) Attachment 1 DRAFT HOME OCCUPATION STANDARDS Subd. 8. Home Occupation Permits. A. Purpose. The purpose of this section is to provide a means by which home occupations can be conducted as an accessory use to a residential dwelling unit without jeopardizing the health, safety and general welfare of the surrounding neighborhood. B. Application. Subject to the non - conforming use provision of this section, all occupations conducted in the home shall comply with the provisions of this section, with the exception of the following: a. Permitted agricultural /farm related uses in the R and R -X Districts (and when found to be in conformance with all other provisions of this Ordinance) need not meet the provisions of this subdivision. b. The limited seasonal sale of products grown solely on the site by the residents of the homestead shall be exempt from the provisions of this subdivision. c. Daycare when licensed by the state and /or county d. Telecommuting or working for another business from your home. e. Any other use listed as a Permitted, Conditional, or Interim use within the corresponding zoning district. C. Procedure. A permit shall be required for any Home Occupation B or C, in accordance with the following procedure: 1. Application for a Home Occupation permit B or C shall be filed by the property owner or designated agent with the Zoning Administrator on forms to be provided by the City. 2. Application for a Home Occupation permit B or C shall be accompanied by a non - refundable fee as established by City Council ordinance. 3. The Zoning Administrator shall review the application and shall determine whether the proposal is in compliance with all applicable evaluation criteria, codes, ordinances, and applicable performance ei • • • standards set forth in the Ordinance. The Zoning Administrator shall notify the applicant, in writing, of any incomplete application within ten (10) days of the date of submission. D. Violations. After two (2) founded nuisances, or code violation complaints have been made and verified with written notices to the home occupation, a public hearing may be called to consider additional conditions, limitations, or revocation of the home occupation within sixty (60) days of the last complaint. E. Expiration. Upon issuance, a Home Occupation permit shall continue to be valid unless one or all of the following occur: 1. The business owner relocates to another residential address; permits are not transferable to another person or property. 2. The type of businesses occurring on the site changes significantly. 3. If the permit is revoked by the City per section D above. F. Requirements - General Provisions. All home occupations shall comply with the following general provisions and according to definition, the applicable requirement provisions. 1. General Provisions. a. Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof, shall comply with all provisions of the City Nuisance Ordinance and shall result in no incompatibility or disturbance to the surrounding residential uses. b. All home occupations must comply with all provisions of the City Nuisance Ordinance and shall result in no incompatibility or disturbance to the surrounding residential uses. c. No home occupation shall require internal or external alterations or involve construction features not customarily found in residential dwellings except where required to comply with local and state fire and police recommendations. d. In no case shall the permitted home occupation cause to create the need for an additional driveway access to the property. e. Personal vehicles not exceeding a gross weight rating of eleven thousand seventy -five (11,075) pounds used in the home occupation may be parked on the site. f. Any vehicle with a gross weight rating in excess of eleven thousand seventy -five (11,075) pounds is subject to Section 3, Subdivision. 5.K of this Ordinance. g. The home occupation shall meet all applicable fire and building codes. h. All signage for the business must comply with the city sign code. i. When applicable, all state licensing requirements are satisfactorily met. J. The applicant shall demonstrate, in a manner found acceptable to the City Engineer that such use is within the capabilities of the property's sewage treatment system or the city's utility system. k. There shall be no use or outdoor storage of any toxic chemicals or hazardous materials of any type or in any amount not normally found in a residential structure. I. Hours of operation shall be limited to 7am to 7pm. m. No motor vehicle repair, paint or body work; commercial preparation of food for service on the premise; business related to or involving explosives, ammunition or weapons; or ambulance or related emergency services shall be permitted as a Home Occupation. n. No retail of anything produced off -site. G. Requirements — Home Occupation Permit A. All residential dwelling units are eligible for a Home Occupation Permit A, and must comply with the following provisions specific to the Home Occupation Permit A. 1. Requirements. a. Permitted home occupation shall be confined to the private dwelling unit, and shall not be conducted in any accessory structure on the premise, including an attached garage. • • • 41lo • s b. No customers and /or employees who do not reside at the dwelling may be permitted on the property. c. If the home occupation will require a delivery service, such as UPS, no more than six delivery/pickup trips per week shall be permitted. d. The home occupation may not occupy more than 10% of the structure. e. No exterior evidence of the presence of the home occupation on the premises, except any signage allowed by the sign code. f. All off - street parking generated by the home occupation shall be confined to the driveway. g. The number of on -site parking spaces shall not be reduced to Tess than two. H. Requirements — Home Occupation Permit B. All residential dwelling units are eligible for a Home Occupation Permit B, and must comply with the following provisions specific to the Home Occupation Permit B. 1. Requirements. a. Permitted home occupation may be conducted in an accessory structure provided that it can comply with life safety requirements. b. A limit of two customers and /or employees who do not reside at the dwelling may be permitted on the property at one time. c. Areas accessible to customers or employees shall comply with all applicable life safety codes. d. Vehicle trips for the property, including those generated by the business, shall not exceed 20 in any twenty four hour period. e. If the home occupation will require a delivery service, such as UPS, no more than six delivery/pickup trips per week shall be permitted. f. The home occupation may not occupy more than 10% of the dwelling. g. No exterior evidence of the presence of the home occupation on the premises, except any signage allowed by the sign code. h. All off- street parking generated by the home occupation shall be provided on a hard surface adjacent to the driveway. i. The number of on -site parking spaces shall not be reduced to Tess than two. j. Personal Service Businesses shall be limited to allow the servicing of only one customer at a time. Requirements — Home Occupation Permit C. All properties, developed with a dwelling, that are over 1 acre in size; are zoned Rural, Rural Business Reserve, or Rural Executive; or front on an arterial roadway are eligible for a Home Occupation Permit B, and must comply with the following provisions specific to the Home Occupation Permit B. 1. Requirements. a. Permitted home occupation may be conducted in an accessory structure provided that it can comply with life safety requirements. b. The maximum number of employees and customers visiting the site at any one time will be determined by the availability of parking on the site. c. Areas accessible to customers or employees shall comply with all applicable life safety codes. d. Vehicle trips for the property, including those generated by the business, shall not exceed 20 in any twenty four hour period. e. If the home occupation will require a delivery service, such as UPS, no more than six delivery/pickup trips per week shall be permitted. f. The home occupation may not occupy more than 10% of the dwelling. g. No exterior evidence of the presence of the home occupation on the premises, except any signage allowed by the sign code. h. All off- street parking generated by the home occupation shall be provided on a hard surface adjacent to the driveway. • • • r i. The number of on -site parking spaces shall not be reduced to Tess than two. j. Personal Service Businesses shall be limited to allow the servicing of only two customers at a time. J. Additional Limitations and /or Restrictions. 1. So as to maintain compatibility and protect the health, safety and general welfare of the public, the City may impose additional limitations or requirements as it deems necessary. 2. The City may impose the posting of a security in order to insure compliance with any condition imposed. K. Inspection. The City of Lino Lakes hereby reserves the right, upon approval of any home occupation permit, to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this section or any conditions additionally imposed. IP L. Penalty. Violation of the home occupation zoning performance standards shall be subject to the enforcement and penalty provisions of Section 2, Subd. 9 of this Ordinance. • Planning & Zoning Board July 8, 2009 Page 2 V. ACTION ITEMS A. Variance to allow for the creation of lots that do not meet the required minimum lot area Associate Planner Paul Bengtson presented the staff report. Brian Mielke from Xcel Energy was present to discuss the application. Mr. Pogalz made a MOTION to recommend approval of a variance to the lot area, lot width and road frontage requirements as requested by Xcel Energy, subject to the following conditions of approval: 1. The properties must be divided through the minor subdivision process. 2. When ownership of these properties changes hands the new owner(s) are required to combine them with adjacent parcels to avoid creating a new parcel. Motion was supported by Mr. Hyden. Motion carried 6 - 0. B. PUBLIC HEARING to consider amending the Zoning Ordinance to allow churches in the General Business (GB) Zoning District City Planner Jeff Smyser presented the staff report. Chair Tralle opened the Public Hearing at 7:10 p.m. No one was present to speak. Mr. Laden made a MOTION to close the Public Hearing at 7:12 p.m. Motion was supported by Ms. Brady. Motion carried 6 -0. Upon discussion by the Board, Mr. Nelson made a MOTION to recommend approval of amending the Zoning Ordinance to allow churches in the Limited Business (LB) and General Business (GB) Zoning Districts as described in the staff report, and amending the liquor code as described in the staff report. Motion was supported by Ms. Brady. Motion carried 6 - 0. C. PUBLIC HEARING to consider amending the Zoning Ordinance to clarify requirements for Home Occupations, and Residential Storage/Parking Associate Planner Paul Bengtson presented the staff report. Chair Tralle opened the Public Hearing at 7:55 p.m. There was no one present to speak. APPROVED MINUTES • • • • • • Planning & Zoning Board July 8, 2009 Page 3 Board members discussed the proposed amendments with staff and made suggestions for staff to consider prior to the next meeting. Mr. Nelson made a MOTION to table the consideration for Amending the Zoning Ordinance to clarify requirements for Home Occupations, and Residential Storage/Parking. Motion was supported by Mr. Root. Motion carried 6 -0. D. PUBLIC HEARING to consider amending the Zoning Ordinance to eliminate the maximum extension time for Planned Unit Developments (PUD's) City Planner Jeff Smyser presented the staff report. Chair Tralle opened the Public Hearing at 8:12 p.m. There was no one present to speak. Mr. Pogalz made a MOTION to close the Public Hearing at 8:13 p.m. Motion was supported by Mr. Hyden. Motion carried 6 -0. Mr. Root made a MOTION to recommend approval of amending the Zoning Ordinance to eliminate the maximum extension time for Planned Unit Developments by changing the text as follows: The City Council may at its discretion; extend for six -month intervals ne than six months, the filing deadline for any Final Plan when, for good cause shown, such extension is necessary. and adding the following text: The City Council may also extend a filing deadline after the expiration date. Motion was supported by Ms. Brady. Motion carried 6 - 0. VI. DISCUSSION ITEMS A. Update on Comprehensive Plan City Planner Jeff Smyser updated the board on the status of the Draft 2030 Comprehensive Plan. VII. ADJOURNMENT Mr. Pogalz made a MOTION to adjourn the meeting at 8:21 p.m. Motion was supported by Mr. Nelson. Motion carried 6 - 0. Respectfully submitted, APPROVED MINUTES AGENDA ITEM V.C. STAFF ORIGINATOR: Paul Bengtson P & Z MEETING DATE: July 8, 2009 TOPIC: PUBLIC HEARING: Zoning Ordinance Amendment Amending the Zoning Ordinance requirements for Home Occupations /Home Extended Businesses, Residential Parking, and Exterior Storage. BACKGROUND As a part of the 2030 Comprehensive Plan Update, staff identified some issues with the Home Occupation standards and what level of business should be allowed in residential neighborhoods. Additionally, the issue of residential parking and storage is intertwined with Home Occupations. Staff gets a number of calls every month about the rules associated with the various vehicles a site may have stored /parked. As a result, staff has begun to consider amending the ordinance. While much research and discussion has gone on at a staff level, specific text is not yet ready for review by the Planning and Zoning Board. Instead, staff would like to discuss some of the issues and determine if the Board has any specific issues they would like staff to research /consider. HOME OCCUPATION / HOME EXTENDED BUSINESS ANALYSIS The City currently allows home businesses in two formats. The first and Tess intensive is a 'Home Occupation', which is allowed as an accessory use in all residential and rural zoning districts. The second and more intense is a `Home Extended Business' which is only allowed in the Rural Business Reserve zoning district (which is adjacent to 35E only). The current definitions for both are as follows: Home Extended Business. A business conducted as part of a residential use which is beyond the limits and scope of activities for home occupations as defined by this subdivision. Home Occupation. Any activity by a resident carried out for business purposes and which activity is clearly incidental and secondary to the residential use of the premises, and which activity does not change the residential character thereof. • • • Staff would propose to eliminate the Home Extended Business, since the R -BR zoning district is also likely to be eliminated. Instead, a tiered system of Home Occupations might be the method to adopt. This would allow a level specifically for urban residential lots and another for lots that are more substantial in size. Additional considerations could be made for properties that front on Arterial Roadways. This would help address some of the issues that were identified during Comprehensive Plan Update discussions. The first level would include stringent standards that would limit traffic to the site to one employee and /or customer at a time. This will coincide with the parking limitations on a standard residential lot. The second level would include a less restrictive set of standards, allowing additional employees /customers, locational flexibility (in accessory structures), and an increase in the overall intensity of the use. This would be allowed on lots over an acre in size, or on lots that front Arterial Roadways. Staff has also developed a list of general provisions that the Board can review and comment on. This is attached after the current Home Occupation Standards. PARKING ANALYSIS The City currently has a number of sections in the zoning ordinance that regulate the exterior storage and parking for residential properties. They are spread throughout Section 3 and should be combined to allow residents to clearly read and understand what is expected of them. Staff doesn't have any intention of changing the regulations, but we feel the need to clarify some and bring them in line with the policies that are currently being enforced by the Community Development and Police Departments. Staffs intention is to arrange the parking standards by size of property on which the vehicle is parked. A memo is attached that the police department has been using to enforce parking standards in the city. Staffs intention is to follow this format to consolidate the requirements (also attached to the memorandum). Staff has identified two issues it would like to address. The first is that any and all motor vehicles, recreational vehicles, or trailers should be required to be parked on an approved surface. Currently, properties over ten acres in size are not specifically required to park non - motorized vehicles on an approved surface. This is contrary to the desire of the city to control weed growth under vehicles, and causes an issue with our nuisance ordinance that considers any weed growth under a stored item to be a nuisance habitat for wild animals and pests. IIII Additionally, staff has had some issues with trailers that are not associated with a recreational vehicle (boat, snowmobile, car, etc...). Many residents own other trailers that are used for both personal purposes and for business purposes. The issue is when does a trailer become a potential detriment to the neighborhood, and how do we evenly enforce rules across the city in regards to trailers. Should the city limit trailers stored in the front yard to those with a recreational vehicle on them, or those that are completely enclosed? EXTERIOR STORAGE ANALYSIS The current exterior storage standards may also need to be modified based on the trailer storage issue. Along with that determination, staff would also like to ask the Board to review the list of exceptions and to consider if any other items should be included. One staff recommendation would be to add a reference to the refuse and recyclable materials section of the ordinance, since garbage cans are allowed to be stored outside of the building with certain requirements. PROCESS As this amendment to the zoning ordinance originates with staff, there is no applicant. However, an amendment to the ordinance requires a public hearing to allow for public comment. A notice of the public hearing was published in the official newspaper as required. Following a recommendation by the P & Z Board, staff will present the proposed amendment to the City Council. An ordinance requires two readings (and votes) by the City Council. Upon adoption, it then is published in the newspaper and becomes effective after thirty days have passed. RECOMMENDATION Staff is seeking input from the Planning and Zoning Board at this time, with the intention of this item being continued to the next meeting. ATTACHMENTS 1. Current Home Occupation /Home Extended Business Standards. 2. Draft Home Occupation Standards. 3. Residential Parking Memorandum (includes current standards) 4. Current Exterior Storage Standards • • • • • Attachment 1 CURRENT HOME OCCUPATION STANDARDS Subd. 8. Home Occupations. A. Purpose. The purpose of this section is to prevent competition with business districts and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood. B. Application. Subject to the non - conforming use provision of this section, all occupations conducted in the home shall comply with the provisions of this section. C. Violations. After two (2) founded nuisances, or code violation complaints have been made and verified with written notices to the home occupation, a public hearing may be called to reconsider the home occupation within sixty (60) days of the last complaint. D. Requirement - General Provisions. All home occupations shall comply with the following general provisions and according to definition, the applicable requirement provisions. 1. General Provisions. a. No home occupation shall produce light, glare, noise, odor, electrical interference, or vibration that will in any way have an objectionable effect upon adjacent or nearby property. b. Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof, shall comply with all provisions of the City Nuisance Ordinance and shall result in no incompatibility or disturbance to the surrounding residential uses. c. No home occupation shall require internal or external alterations or involve construction features not customarily found in residential dwellings except where required to comply with local and state fire and police recommendations. d. The home occupation shall be carried out by a member of the family regularly residing in the dwelling unit with not more than one (1) employee who is not part of the family. e. There shall be no exterior storage of equipment or materials used in the home occupation, except personal vehicles not exceeding a gross weight rating of eleven thousand seventy - five (11,075) pounds used in the home occupation may be parked on the site, unless an administrative parking permit per Section 3, Subd. 5.K of this Ordinance is granted. f. The home occupation shall meet all applicable fire and building codes. g. Exterior display of signs except as such are permitted by the sign regulations for the district shall not be permitted. h. When applicable, all state licensing requirements are satisfactorily met. 2. Requirements - Residential Districts. a. Permitted home occupations shall not be conducted in any accessory structures on the premises, including attached garages, and shall be confined to the private dwelling unit. b. Permitted occupations shall not include any of the following: 1) The operation of any wholesale or retail business unless it is conducted entirely by mail or delivery and does not include the sale, shipment, or delivery of merchandise to the premises. 2) More than one chair barber shop or more than one chair beauty salons or dancing or music schools with organized classes of more than one pupil at a time. 3) Any activity or function which by its nature and /or effect causes a disturbance to the neighborhood, such as noise, parking, traffic, etc. 4) Home occupations which create a need for more than three (3) parking spaces at any given time in addition to the parking spaces required by the occupants shall not be permitted. • • • • • • 5) In no case shall the permitted home occupation cause to create the need for an additional driveway access to the property. 6) All off - street parking generated by the home occupation shall be confined to the driveway. 3. Requirements - Rural Districts. a. Accessory Buildings. 1) Home occupations carried on in the R, R -X, and R -BR Districts and on Tots which are one (1) acre in size or larger may be allowed to operate within the principal structure or permitted accessory structure. 2) All accessory buildings utilized for home occupation purposes shall comply with applicable provisions of Section 3, Subd. 4.D. of this Ordinance. b. Permitted agricultural /farm related uses in the R and R -1X Districts (and when found to be in conformance with all other provisions of this Ordinance) need not meet the provisions of this subdivision. c. The applicant shall demonstrate, in a manner found acceptable to the City Engineer, that such use is within the capabilities of the property's sewage treatment system. 4. Inspection. The City of Lino Lakes hereby reserves the right, upon approval of any home occupation, to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this section or any conditions additionally imposed. 5. Penalty. Violation of the home occupation zoning performance standards shall be subject to the enforcement and penalty provisions of Section 2, Subd. 9 of this Ordinance. Subd. 9. Home Extended Businesses. A. Prohibition. Following the enactment of this Ordinance, except in the R- BR Zoning District, no new home extended businesses shall be created or established and no existing home extended business shall be expanded or enlarged. B. Permitted Home Extended Businesses. 1. Interim Use Permit. Home extended business may be allowed within the R -BR, Rural Business Reserve Zoning District upon approval of an interim use permit, as regulated by Section 2, Subd. 3. of this Ordinance. 2. Qualifying Property. a. Site must meet R -BR District lot size and setback performance standards. b. There is only one (1) residential dwelling located on the homestead and no other neighboring residence is located within five hundred (500) feet of the buildings in which the home extended business is conducted. 3. Minimum Conditions. a. Business must be located on the homestead of the business operator. b. Up to two (2) employees other than the immediate family occupying the residence on the homestead may be employed as a part of the home extended business. c. There is no outside storage or sales of supplies, equipment, or maintenance items associated with the home extended business. d. All activities associated with the home extended business are operated within buildings which have been approved for such use as part of the interim use permit. e. The home extended business shall be conducted only in buildings existing or constructed as part of traditional farming activities prior to November 1, 1993. • • • • • • f. Any buildings uses as part of the home extended business shall be brought into full compliance with all State Building Code provisions which are applicable for the proposed use. All effluent consisting of any liquid, gaseous, or solid waste substance resulting from any process of manufacturing (i.e., sewage or industrial waste) shall not be discharged into the soil, water, or air unless it is at a location determined appropriate by the City. h. A contract shall be required between a refuse hauler and the owner for disposal of all waste including, but not limited to, garbage, decayed wood, saw dust, shavings, bark, lime, sand, ashes, oil, tar, chemicals, offal, and all other substances not sewage or industrial waste which may pollute or tend to pollute the waters of the State. The contract shall be provided to the City prior to issuance of the interim use permit and shall state the destination of the waste and shall be renewed annually on or before January 1st of each year. The City shall be provided with documentation of the contract recorded. g. i. Working hours shall be set by the City. j. The use is in full compliance with all applicable performance standards as specified by this Ordinance. k. There shall be no public display of retail sales items related to the home extended business occurring on the site. There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling with the exception of directional and identification/business signs to the extent authorized by the provisions of the City's Sign Ordinance. m. The provisions of Section 2, Subd. 2. of this Ordinance are considered and determined to be satisfied. 4. Additional Limitations and /or Restrictions. a. So as to maintain compatibility and protect the health, safety and general welfare of the public, the City Council may impose additional limitations or requirements as it deems necessary. b. The City Council may impose the posting of a security in order to insure compliance with any condition imposed. 5. Reconsideration of Permit. After two (2) founded nuisances, or code or permit violation complaints have been made and verified with written notices to the holder of the interim use permit, a public hearing may be called to reconsider the interim use permit within sixty (60) days of the date of the last complaint. 6. Seasonal Sales. The limited seasonal sale of products grown solely on the site by the residents of the homestead shall be exempt from the provisions of this subdivision. • • • • Attachment 2 DRAFT HOME OCCUPATION STANDARDS Subd. 8. Home Occupation Permits. A. Purpose. The purpose of this section is to prevent competition with business districts and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted as an accessory use to a residential dwelling unit without jeopardizing the health, safety and general welfare of the surrounding neighborhood. B. Application. Subject to the non - conforming use provision of this section, all occupations conducted in the home shall comply with the provisions of this section. C. Procedure. 1. Application for a Home Occupation permit shall be filed by the property owner or designated agent with the Zoning Administrator on forms to be provided by the City. 2. Application for a Home Occupation permit shall be accompanied by a non - refundable fee as established by City Council ordinance. 3. The Zoning Administrator shall review the application and shall determine whether the proposal is in compliance with all applicable evaluation criteria, codes, ordinances, and applicable performance standards set forth in the Ordinance. The Zoning Administrator shall notify the applicant, in writing, of any incomplete application within ten (10) days of the date of submission. D. Violations. After two (2) founded nuisances, or code violation complaints have been made and verified with written notices to the home occupation, a public hearing may be called to reconsider the home occupation within sixty (60) days of the last complaint. C. Expiration. Upon issuance, a Home Occupation permit shall continue to be valid unless one or all of the following occur: 1. The business does not open within 12 months time. 2. The business ceases operations for 6 months of time. 3. The business owner relocates to another residential address. 4. The type of businesses occurring on the site changes significantly. 5. If the permit is revoked by the City. D. Requirements - General Provisions. All home occupations shall comply with the following general provisions and according to definition, the applicable requirement provisions. 1. General Provisions. a. All home occupations must comply with all provisions of the City Nuisance Ordinance and shall result in no incompatibility or disturbance to the surrounding residential uses. b. No home occupation shall require internal or external alterations or involve construction features not customarily found in residential dwellings except where required to comply with local and state fire and police recommendations. c. In no case shall the permitted home occupation cause to create the need for an additional driveway access to the property. d. Personal vehicles not exceeding a gross weight rating of eleven thousand seventy -five (11,075) pounds used in the home occupation may be parked on the site. e. Any vehicle with a gross weight rating in excess of eleven thousand seventy -five (11,075) pounds is subject to Section 3, Subdivision. 5.K of this Ordinance. f. The home occupation shall meet all applicable fire and building codes. g. All signage for the business must comply with the city sign code. h. When applicable, all state licensing requirements are satisfactorily met. i. Permitted agricultural /farm related uses in the R and R -X Districts (and when found to be in conformance with all other provisions of this Ordinance) need not meet the provisions of this subdivision. j. The limited seasonal sale of products grown solely on the site by the residents of the homestead shall be exempt from the provisions of this subdivision. • • • • k. The applicant shall demonstrate, in a manner found acceptable to the City Engineer that such use is within the capabilities of the property's sewage treatment system or the city's utility system. I. There shall be no outdoor storage or use of any toxic chemicals or hazardous materials of any type or in any amount not normally found in a residential structure. m. Hours of operation shall be limited to 7am to 7pm. n. No motor vehicle repair, paint or body work; commercial preparation of food for service on the premise; business related to or involving explosives, ammunition or weapons; or ambulance or related emergency services shall be permitted as a Home Occupation. E. Requirements — Home Occupation Permit A. All residential dwelling units are eligible for a Home Occupation Permit A, and must comply with the following provisions specific to the Home Occupation Permit A. 1. Requirements. a. Permitted home occupation shall be confined to the private dwelling unit, and shall not be conducted in any accessory structure on the premise, including an attached garage. Except horticultural activities. b. A limit of one customers and /or employee who does not reside at the dwelling may be permitted on the property at one time. c. Areas accessible to customers or employees shall comply with all applicable life safety codes. d. Vehicle trips for the property, including those generated by the business, shall not exceed 10 in any twenty four hour period. e. If the home occupation will require a delivery service, such as UPS, no more than six delivery/pickup trips per week shall be permitted. f. The home occupation may not occupy more than 10% of the structure. g. No exterior evidence of the presence of the home occupation on the premises. h. All off - street parking generated by the home occupation shall be confined to the driveway. i. The number of on -site parking spaces shall not be reduced to less than two. F. Requirements — Home Occupation Permit B. All properties over 1 acre in size; zoned Rural, Rural Business Reserve, or Rural Executive; and all properties fronting on an arterial roadway are eligible for a Home Occupation Permit B, and must comply with the following provisions specific to the Home Occupation Permit B. 1. Requirements. a. Permitted home occupation may be conducted in an accessory structure provided that it can comply with life safety requirements. b. A limit of two customers and /or employees who do not reside at the dwelling may be permitted on the property at one time. c. Areas accessible to customers or employees shall comply with all applicable life safety codes. d. e. Vehicle trips for the property, including those generated by the business, shall not exceed 20 in any twenty four hour period. f. If the home occupation will require a delivery service, such as UPS, no more than six delivery/pickup trips per week shall be permitted. g. The home occupation may not occupy more than 10% of the dwelling. h. No exterior evidence of the presence of the home occupation on the premises. i. All off - street parking generated by the home occupation shall be provided on a hard surface adjacent to the driveway. The number of on -site parking spaces shall not be reduced to less than two. J. • • • H. Additional Limitations and /or Restrictions. 1. So as to maintain compatibility and protect the health, safety and general welfare of the public, the City may impose additional limitations or requirements as it deems necessary. 2. The City Council may impose the posting of a security in order to insure compliance with any condition imposed. Inspection. The City of Lino Lakes hereby reserves the right, upon approval of any home occupation permit, to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this section or any conditions additionally imposed. Penalty. Violation of the home occupation zoning performance standards shall be subject to the enforcement and penalty provisions of Section 2, Subd. 9 of this Ordinance. • • Page 1 of 6 Lino Lakes, MN Code of Ordinances 800: TRAFFIC CHAPTER 807: OPERATION OF SNOWMOBILES AND ALL- TERRAIN VEHICLES CHAPTER 807: OPERATION OF SNOWMOBILES AND ALL - TERRAIN VEHICLES Section 807.01 Definitions 807.02 Age restrictions for snowmobile operation 807.03 Operation of snowmobiles within the corporate city limits 807.04 Road crossing by snowmobiles 807.05 Snowmobiles at uncontrolled intersections 807.06 Snowmobile equipment requirements 807.07 Operation of all- terrain vehicles within the corporate city limits 807.08 Exemptions from provisions 807.09 Violation; penalty § 807.01 DEFINITIONS. For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ALL - TERRAIN VEHICLE. (a) CLASS I. A motorized flotation -tired vehicle of not less than three low pressure tires, but not more than six low pressure tires, that is limited in engine displacement of less than 800 cubic centimeters and total dry weight less than 900 pounds. (b) CLASS II. Class II all- terrain vehicles means an all - terrain vehicle that has a total dry weight of 900 to 1,500 pounds. (c) ORV. ATVs over 1,500 pounds are still considered ORVs. BOULEVARD. The strip of land, usually made of grass, between a roadway and a sidewalk or pedestrian walking path. http:// www .amlegal.com /nxt /gateway.dll/ Minnesota / linolakes _mn /800traffic /chapter807ope... 1/4/2010 Page 2 of 6 OPERATE. To ride in or on, and control the operation of, a snowmobile or all- terrain vehicle. OPERATOR. Every person who operates, or is in actual physical control of a snowmobile or all - terrain vehicle. OWNER. A person, other than a lien holder, having the property in or title to snowmobiles or all - terrain vehicles, and entitled to the use or possession thereof. PERSON. An individual, partnership, corporation, the state and its agencies and its subdivisions, and any body of persons, whether incorporated or not. RIGHT -OF -WAY. The entire strip of land traversed by a highway or street in which the public owns the fee or an easement for roadway purposes. ROADWAY. The portion of a highway improved, designed or ordinarily used for vehicular travel, including the shoulder, but not including the boulevard. SAFETY OR DEADMAN THROTTLE. A device which, when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving track. SNOWMOBILE. Any self - propelled vehicle used for recreational purposes, steered by skis or runners and designed for travel on snow, ice or natural terrain. STREET or HIGHWAY. The entire width between boundary lines of any way or place when any part thereof is open to the use of the public, as a matter or right, for the purposes of vehicular traffic. (Prior Code, § 807.01) (Ord. 17 -94, passed 11 -28 -1994; Am. Ord. 02 -07, passed 10 -22 -2007) § 807.02 AGE RESTRICTIONS FOR SNOWMOBILE OPERATION. (1) Age restrictions. No person under 14 years of age shall operate on streets or highways, or make a direct crossing of a street or highway, as the operator of a snowmobile. A person 14 years of age or older, but less than 18 years of age, may operate a snowmobile on streets or highways as permitted under this chapter, and make a direct crossing thereof, only if he or she has in their immediate possession a valid snowmobile safety certificate issued by the Commissioner of Natural Resources, as provided by M.S. § 84.86, as it may be amended from time to time. (2) Responsibility of snowmobile owner. It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provisions of this section. (Ord. 17 -94, passed 11 -28 -1994; Am. Ord. 02 -07, passed 10 -22 -2007) § 807.03 OPERATION OF SNOWMOBILES WITHIN THE CORPORATE CITY LIMITS. (1) Operation of snowmobiles within the corporate limits of the City of Lino Lakes is permissible only if in conformance with state law and city ordinances. (2) It is unlawful for any person to operate a snowmobile within the corporate limits of the City of http://www.amlegal.com/nxt/gateway .d11/Minnesota/linolakes_mn/800traffic/chapter807ope... 1/4/2010 Page 3 of 6 Lino Lakes in violation of the following provisions: (a) Anywhere within any public right -of -way except on the roadway surface or as otherwise provided in this chapter; (b) On a public sidewalk or walkway provided or used for pedestrian travel; (c) On private property of another without lawful authority or consent of the owner or occupant; (d) On any publicly owned lands and frozen waters (lakes, rivers, streams and ponds), not previously listed or authorized for the use by the proper public authority, including, but not limited to, school grounds, park property, playgrounds, recreation areas and golf courses. Use in those areas previously listed or authorized for the use by the proper public authority shall be lawful, and snowmobiles may be driven in and out of the areas only by the shortest route possible. Authorized areas in the City of Lino Lakes owned by the city shall be designated by City Council resolution; (e) At any place while under the influence of an alcoholic beverage or controlled substance; (f) At any speed in excess of 15 mph on a public street or highway, or anywhere at a rate of speed greater than reasonable or proper under all the surrounding circumstances; (g) At any place in a careless, reckless or negligent manner, so as to endanger the person or property of another or to cause injury or damage thereto; (h) So as to tow any person or thing on a public street or highway, except through use of a rigid tow bar attached to the rear of the snowmobile; (i) At a speed greater than 15 mph when within 100 feet of any riverbank or lakeshore; or within 100 feet of fishermen, icehouses or skating rinks; nor shall operation be permitted within 100 feet of any sliding area; nor where the operation would conflict with the lawful use of property or would endanger other persons or property; (j) In a manner so as to create loud, unnecessary or unusual noise, which disturbs, annoys or interferes with the peace and quiet of another; (k) Snowmobiling shall be prohibited after 10:00 p.m. and before 7:00 a.m. Sunday through Thursday, and between 12:00 a.m. and 8:00a.m. Friday and Saturday. This provision is not intended to prohibit snowmobiles from entering or leaving the City of Lino Lakes during the above hours, provided that the operator of a snowmobile utilizes the most direct route of travel to and from the operator's residence or destination; (1) Every person leaving a snowmobile in a public place shall lock the ignition, remove the key and take the same with the person; (m) It is unlawful to intentionally drive, chase, run over, kill or otherwise take or attempt to take any animal, wild or domestic, with a snowmobile; and (n) Authorized snowmobiles may be used on any public property within the city for rescue, emergency or law enforcement purposes. http:// www .amlegal.com /nxt /gateway.dll/ Minnesota / linolakes _mn /800traffic /chapter807ope... 1/4/2010 Page 4 of 6 (Prior Code, § 807.02) (Ord. 17 -94, passed 11 -28 -1994; Am. Ord. 02 -07, passed 10 -22 -2007) § 807.04 ROAD CROSSING BY SNOWMOBILES. A snowmobile may make a direct crossing of a street or highway, provided: (1) The crossing is made at an angle of approximately 90 degrees to the direction of the street or highway and at a place where no obstruction prevents a quick and safe crossing; (2) The snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway; (3) hazard; The driver yields the right -of -way to all oncoming traffic which constitutes an immediate (4) In crossing a divided street or highway, the crossing is made only at an intersection of the street or highway with another public street or highway; or (5) The crossing is made between the hours of one -half hour after sunset to one -half hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are on. (Prior Code, § 807.03) (Ord. 17 -94, passed 11 -28 -1994; Am. Ord. 02 -07, passed 10 -22 -2007) § 807.05 SNOWMOBILES AT UNCONTROLLED INTERSECTIONS. (1) No snowmobile shall enter any controlled intersection without making a complete stop. The operator shall then yield the right -of -way to any vehicles or pedestrians that constitute any immediate hazard. (2) An uncontrolled intersection includes, but is not limited to, roadways, streets, highways, sidewalks and paths designed for pedestrian traffic. (Ord. 17 -94, passed 11 -28 -1994; Am. Ord. 02 -07, passed 10 -22 -2007) § 807.06 SNOWMOBILE EQUIPMENT REQUIREMENTS. (1) It is unlawful for any person to operate a snowmobile any place within the corporate limits of the city unless it is equipped with the equipment set forth as follows: (a) Muffler; cutout; bypass. Standard mufflers which are properly attached and in constant operation and which reduce the noise of operation of the motor to the minimum necessary for operation. No person shall use a muffler cutout, by -pass, straight pipe or similar device on a snowmobile motor, and the exhaust system shall not emit or produce a sharp popping or crackling noise; (b) Brakes. Brakes adequate to control the movement of and to stop and hold the snowmobile under any conditions of operation; http : / /www. amlegal. com /nxt/gateway. dll/ Minnesota / linolakes _mn /800traffic /chapter807ope... 1/4/2010 Page 5 of 6 (c) Safety throttle. A safety or so called "deadman" throttle in operating condition, as that when pressure is removed from the accelerator or throttle, the motor is disengaged from the driving track; (d) Lights. 1. At least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during the hours of darkness under normal atmospheric conditions. 2. The head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator. (2) It shall be equipped with a least one red tail lamp having a minimum candle power of sufficient intensity to exhibit a red light plainly visible from a distance of 500 feet to the rear during the hours of darkness under normal atmospheric conditions. (3) The equipment shall be in use when the vehicle is operated between the hours of one -half hour after sunset or one -half hour before sunrise or at times of reduced visibility. (Prior Code, § 807.04) (Ord. 17 -94, passed 11 -28 -1994; Am. Ord. 02 -07, passed 10 -22 -2007) § 807.07 OPERATION OF ALL- TERRAIN VEHICLES WITHIN THE CORPORATE CITY LIMITS. (1) No person shall enter and operate an all- terrain vehicle on lands not owned by the person, except where otherwise allowed by law, without the express written or oral permission of the owner, occupant or lessee of the lands. (2) Except as otherwise specifically permitted and authorized, it is unlawful for any person to operate an all- terrain vehicle within the corporate limits of the City of Lino Lakes in violation of the following provisions. (a) No person shall enter and operate an all - terrain vehicle on any city street within the corporate limits of the City of Lino Lakes. (b) No person shall enter and operate an all- terrain vehicle upon any bank or slope of any city street ditch within the corporate limits of the City of Lino Lakes. (c) On a public sidewalk or walkway provided or used for pedestrian travel. (d) At any place while under the influence of an alcoholic beverage or controlled substance. (e) On any publicly owned lands and frozen waters (lakes, rivers, streams and ponds), not previously listed or authorized for the use by the proper public authority, including, but not limited to, school grounds, park property, playgrounds, recreation areas and golf courses. Use in those areas previously listed or authorized for the use by the proper public authority shall be lawful, and all- terrain vehicles may be driven in and out of the areas only by the shortest route possible. Authorized areas in the City of Lino Lakes owned by the city shall be designated by City Council resolution. http:// www .amlegal.com /nxt/gateway.dll/ Minnesota / linolakes _mn /800traffic /chapter807ope... 1/4/2010 Page 6 of 6 (3) All- terrain vehicle operation shall be prohibited after 10:00 p.m. and before 7:00 a.m. Sunday through Thursday, and between 12:00 a.m. and 8:00 a.m. Friday and Saturday. (4) It is unlawful to intentionally drive, chase, run over, kill or otherwise take or attempt to take any animal, wild or domestic, with an all- terrain vehicle. (5) In a manner so as to create loud, unnecessary or unusual noise, which disturbs, annoys or interferes with the peace and quiet of another. (6) At a speed greater than 15 mph when within 100 feet of any riverbank or Lakeshore; or within 100 feet of fishermen, icehouses or skating rinks; nor shall operation be permitted within 100 feet of any sliding area; nor where the operation would conflict with the lawful use of property or would endanger other persons or property. (7) At any place in a careless, reckless or negligent manner, so as to endanger the person or property of another or to cause injury or damage thereto. (8) Authorized all- terrain vehicles may be used on any public property within the city for rescue, emergency or law enforcement purposes. (Ord. 17 -94, passed 11 -28 -1994; Am. Ord. 02 -07, passed 10 -22 -2007) 807.08 EXEMPTIONS FROM PROVISIONS. The city's enforcement agency, the County Sheriffs Department, DNR and the Minnesota State Patrol in order to provide enforcement, shall be exempt from the requirements of this chapter. (Ord. 17 -94, passed 11 -28 -1994; Am. Ord. 02 -07, passed 10 -22 -2007) 807.09 VIOLATION; PENALTY. Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment of not more than 90 days, a fine of not more than $1,000 or both, plus the costs of prosecution in either case. (Ord. 17 -94, passed 11 -28 -1994; Am. Ord. 02 -07, passed 10 -22 -2007) Disclaimer: This Code of Ordinances and;or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing Corporation provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll -free at 800 -445 -5588. 2008 American Legal Publishing Corporation techsupport ©a mlegai.com 1 .800.445.5588. http:// www .amlegal.com/nxt/gateway.dll/ Minnesota / linolakes _mn /800traffic /chapter807ope... 1/4/2010 • • v\1, S 1 teivii AGENDA ITEM 3A STAFF MEMBER Daniel Tesch, Director of Administration DATE 11 January 2010 SUBJECT Annual Appointments VOTE REQUIRED Simple Majority BACKGROUND Each year the city council is required to make a number of appointments at its first meeting of the year. The following is a list of appointments that need to be made: 2009 2010 Recommended 1. Acting Mayor Kathi Gallup Dome_ Z es-CA- 2. Legal Newspaper Quad Community Press Quad Community Press 3. Minute Taking Service TimeSaver, Inc. As needed TimeSavers, Inc. As needed 4. Legal Services Barna, Guzy & Steffan Ltd. Ratwick, Roszak & Maloney Kennedy & Graven Sweeney, Borer & Sweeney Barna, Guzy & Steffan Ltd. Ratwick, Roszak & Maloney Kennedy & Graven Sweeney, Borer & Sweeney 5. Labor Services Springsted, Inc. Riley, Dettmann & Kelsy Sherri Le & Associates Springsted, Inc. Riley, Dettmann & Kelsey Sherri Le & Associates 6. Fiscal Agent Springsted, Inc. Ehlers & Assoc. Northland Securities Public Financial Management (PFM) Springsted, Inc. Ehlers & Assoc. Northland Securities Public Financial Management (PFM) 7. Assessor Anoka County Anoka County 8. North Metro Telecommunication Commission Dan Stoltz - Commissioner Dan Tesch - Alternate ■011)0nrie (1 - Commissioner Dan Tesch - Alternate 9. Centennial Fire Steering Committee Jeff Reinert (elected) —7 (elected) (elected , Kathi. Gallup — (elected) Centennial Fire Steering Committee Dan Tesch, Interim City Administrator City Administrator 10. Vadnais Lake Watershed District Mayor Bergeson (elected) 2007 - 2009 9 4.1(A...- (elected) 2007 - 200 Mr. O'Donnell, Alterna - ,, 4, v 2007 — 2009 tiei, Alternate v , 2007 — 2009 11. County Corrections Program Mr. Stoltz Mr. Dave Pecchia ( elected) Mr. Dave P cchia 12. Joint Law Enforcement Committee Mr. Jeff Reinert Mr. Dave Pecchia (elected) Mr. ave P cchia 13. Legal Depositories Legal Depositories Cont. Community National Bank Wells Fargo US Bank Merril] Lynch RBC Dain Rauscher Wachovia Prudential Securities Patriot Bank LMC 4M Fund Smith,Barney, Citi Group Bank of the West Others as needed Recommendation is to continue with current depositories. 14. Treasurer Al Rolek, Finance Director Al Rolek, Finance Director 15. City Engineer TKDA SEH WSB & Assoc. Inc. Boonestroo, Rosene, Anderlik & Assoc. Inc. SRF Consulting Group TKDA SEH WSB & Assoc. Inc. Boonestroo, Rosene, Anderlik & Assoc. Inc. SRF Consulting Group 17. Centennial Utilities Commission Mr. Robin Doege 2005 -2007 (3 Year Term) (2009 -2010) 1 -26 -09 18. Data Practices Compliance Official Ms. Julianne Bartell Ms. Julianne Bartell 19. Auditor Larson - Allen Larson- Allen OPTIONS 1. As recommended in the last column 2. Amend recommendations RECOMMENDATION As recommended or council prerogative. 1: ■Appointments\2007\Annual Greensheet.doc • •