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HomeMy WebLinkAbout09/13/2006 P&Z Packet• CITY OF LINO LAKES PLANNING & ZONING BOARD MEETING Wednesday, September 13, 2006 6:30 p.m. City Council Chambers (Scheduled to be televised on Ch. 16) Please be courteous and turn off all electronic devices during the meeting. AGENDA I. CALL TO ORDER AND ROLL CALL II. APPROVAL OF AGENDA III. APPROVAL OF MINUTES: August 9, 2006 and correction to July 12, 2006 • IV. OPEN MIKE V. ACTION ITEMS A. CONTINUED PUBLIC HEARING for a Rezoning, MUSA Allocation, Variances, and Preliminary Plat for a four lot single family residential subdivision called Golden Acre — Paul Bengtson — Continue to October 11, 2006 B. PUBLIC HEARING for a Zoning Ordinance Amendment to modify the allowable uses within the NB, Neighborhood Business, and the LB, Limited Business, zoning districts and for a Rezone from LB, Limited Business, to NB, Neighborhood Business, Lot 1, Block 16, Millers Crossroads, located at the southeast corner of Birch St. and Hodgson Rd — Jeff Smyser VI. DISCUSSION ITEMS A. Trash Enclosures /Detached Accessory Structures VII. ADJOURN • Meeting guidelines on reverse side. City of Lino Lakes Planning & Zoning Board MEETING GUIDELINES Open Mike — The purpose of a Board Meeting is to accomplish the business of the city. When presenting at a meeting please remember to be respectful, and follow these guidelines: • Please address the meeting chair. • State your name and address for the record. • Please observe a 4- minute limit • The topic must relate to city business. • Open Mike is for items not on the agenda. • A spokesperson must represent a group of five or more — groups will have 8 minutes. • The Presiding Officer may limit duplicative presentations. • Remember, the meeting is to discuss city business only. Public Hearing - Held as a separate item of business on the agenda. The public hearing segment is your opportunity to tell the Board how you feel about issues scheduled to be heard. Typically, a hearing follows these steps: • The Presiding Officer (Chair or Vice - Chair) will announce the proposal to be reviewed and ask for the staff report. The presiding Officer shall maintain strict order and etiquette at all meetings. • Staff will present their report on the proposal. • Board members will then ask City Staff questions about the proposal. • The Presiding Officer will then open up the public hearing for anyone present who wishes to comment on the proposal. This is the time for the public to make comments or ask questions about the proposal. Comments should be limited to four (4) minutes unless further time is granted by the Presiding Officer. All comments should be directed to the Board as a body and not to any individual Board Member or City Staff Member unless permission is granted by the Presiding Officer. No person shall be permitted to enter into any discussion, either directly or through a member of the Board without the permission of the Presiding Officer. • After everyone in the audience wishing to speak has given his/her comments, the Presiding Officer shall close the public hearing. • The Board will then discuss the proposal. No further public comments are allowed. • The Board will then make a recommendation(s) and/or a decision. When you are called upon for your comments, please step to the microphone at the podium and state your name and address for the record. Occasionally, the Board may continue a hearing to another meeting before taking action. Meeting Etiquette The Planning & Zoning Board must preserve order and decorum while the meeting is in session. A resident shall not, by conversation or otherwise, delay or interrupt the proceedings or the business of the Board, nor disturb any resident or Board Member while speaking or refuse to obey the orders of the Board. • • • CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT . STAFF PRESENT July 12, 2006 6:38 P.M. 7:20 P.M. Michael Hyden, Perry Laden, Robert Nelson, Brian Pogalz (Vice Chair), Rob Rafferty, Michael Root Paul Tralle (Chair) Paul Bengtson & Jeff Smyser I. CALL TO ORDER AND ROLL CALL: Vice Chair Pogalz called the Lino Lakes Planning and Zoning Board meeting to order at 6:38 p.m., July 12, 2006. II. APPROVAL OF AGENDA The agenda was approved. III. APPROVAL OF MINUTES: June 14, 2006 Mr. Rafferty made a MOTION to approve the June 14, 2006 Minutes as presented and was supported by Mr. Hyden. Motion carried 5 -0. IV. OPEN MIKE Vice Chair Pogalz declared Open Mike at 6:40 p.m. There was no one present for Open Mike. Mr. Rafferty made a MOTION to close Open Mike at 6:39 p.m., and was supported by Mr. Hyden. Motion carried 5 -0. V. ACTION ITEMS DRAFT MINUTES Planning & Zoning Board July 12, 2006 Page 2 • A. PUBLIC HEARING for a Conditional Use Permit for a Private Dog Kennel at 575 Ash Street • • Mr. Bengtson presented the staff report, noting that the applicant currently has three dogs and is proposing to keep those existing dogs on the premise. Mr. Bengtson explained that the city had received three phone calls regarding the public hearing notice, but only one resident continued to voice concern after clarification that the applicant would only have three dogs. Staff recommended approval of the application subject to the conditions listed in the staff report. Vice Chair Pogalz opened the Public Hearing at 6:46. Margo Polta, 575 Ash Street, applicant was present for questions. Mr. Laden made a Motion to close the Public Hearing at 6:49. Motion was supported by Mr. Rafferty. Motion carried 5 -0. Mr. Laden made a MOTION to approve the Conditional Use Permit to allow a Private Dog Kennel at 575 Ash Street subject to the following conditions: a. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan. b. The proposed development application is compatible with present and future land uses of the area. c. The proposed development application conforms to performance standards herein and other applicable City Codes. d. Traffic generated by a proposed development application is within the capabilities of the City. c. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. f. Will not result in th feature of major importance. 1. Ongoing compliance with Sections 502 and 503 and 607 of the City Code. 2. At no time shall dogs that are not owned by the occupant of the dwelling be allowed to remain on the property overnight. 3. A maximum of three dogs over the age of six months shall be kept on the property at any one time. 4. All animals kept on the property shall be licensed in accordance with city policies. 5. Failure to comply with any of the conditions of this conditional use permit shall constitute grounds for revocation of the license of such kennel. DRAFT MINUTES • • Planning & Zoning Board July 12, 2006 Page 3 Motion was supported by Mr. Nelson. Motion carried 5 -0. VI. DISCUSSION ITEMS A. Meeting Rules Mr. Smyser explained that city staff was suggesting that the board accept guidelines specific to the Planning & Zoning Board at this time. Board Members agreed to accept a set of Planning & Zoning Board Meeting Guidelines to be distributed at future meetings in the effort of public awareness. They also suggested adding text to the bottom of the agenda noting that meeting guidelines could be found on the reverse side. Mr. Rafferty made a MOTION to accept the Planning & Zoning Board Meeting Guidelines. Motion was supported by Mr. Hyden. Motion carried 5 -0. Board Members later agreed to add text to meeting agendas requesting that all electronic devices be turned off during the meeting. City staff agreed to add the suggested text to future agendas. B. Comprehensive Plan Update Process Mr. Smyser stated that the process to update the city's Comprehensive Plan has begun. He explained that the process involves various interrelated steps including a city quality of life survey, a visioning process & ultimately the updated Comprehensive Plan. The city intends to start the visioning process in the next few months. He described that the visioning process will lead to a set of goals, which will be used to guide the Comp Plan. A group of people will be selected to serve on the visioning committee and Comp Plan Task Force. Mr. Smyser noted that, by law, the Planning & Zoning Board is the leading body for preparation of the Comp Plan, with the City Council being the final decision maker. Staff added that the City Council's goal is to get the plan to the Metropolitan Council by the end of year 2007. By law, the plan must be completed by the end of 2008. Staff noted that the city charter will be examined as part of the comprehensive plan update process, but any changes to the charter must be approved by the voters with a referendum. VII. ADJOURNMENT Mr. Laden made a MOTION to adjourn the meeting at 7:20 p.m. Motion was supported by Mr. Rafferty. Motion carried 5 -0. Respectfully submitted, DRAFT MINUTES • • • Planning & Zoning Board July 12, 2006 Page 4 Dawn Bugge Community Development Assistant DRAFT MINUTES • • • CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT : August 9, 2006 . 6.33 P.M. . 6:57 P.M. Michael Hyden, Perry Laden, Robert Nelson, Brian Pogalz (Vice Chair), Rob Rafferty, Michael Root, Paul Tralle (Chair) : None : Paul Bengtson, Jeff Smyser & Jim Studenski I. CALL TO ORDER AND ROLL CALL: Chair Tralle called the Lino Lakes Planning and Zoning Board meeting to order at 6:33 p.m., August 9, 2006. II. APPROVAL OF AGENDA The agenda was approved. III. APPROVAL OF MINUTES: July 12, 2006 Mr. Pogalz requested a change to the July 12, 2006 minutes to state that Open Mike was opened at 6:39 p.m. and closed at 6:40 p.m. Mr. Rafferty made a MOTION to approve the July 12, 2006 Minutes as amended and was supported by Mr. Pogalz. Motion carried 6 -0. IV. OPEN MIKE Chair Tralle declared Open Mike at 6:35 p.m. There was no one present for Open Mike. Mr. Nelson made a MOTION to close Open Mike at 6:36 p.m., and was supported by Mr. Rafferty. Motion carried 6 -0. DRAFT MINUTES • Planning & Zoning Board August 9, 2006 Page 2 V. ACTION ITEMS A. PUBLIC HEARING for a Rezoning, MUSA Allocation, Variance and Preliminary Plat for Golden Acre Mr. Bengtson presented the staff report, noting that a Comprehensive Plan Amendment is not necessary for this item, though it was stated in the hearing notice. Mr. Bengtson stated that staff is recommending continuation of this item to the September 13, 2006 meeting as staff has requested additional information from the applicant. Staff clarified that the side setback variance request is for the lot with the existing house only. Mr. Tim Anderson, 547 Lois Lane, applicant, was present for questions. Mr. Tralle opened the Public Hearing at 6:52 p.m. There was no one present to speak. Mr. Hyden made a motion to continue the Public Hearing to the September 13, 2006 meeting. Motion was supported by Mr. Nelson. Motion carried 6 -0. • VI. DISCUSSION ITEMS A. Administrative Approval • Mr. Bengtson noted that a memo was included in the meeting packets updating the board on administrative approvals. Mr. Rafferty noted that a freestanding trash structure was allowed, and added that the P &Z Board feels that trash enclosures should be attached to buildings. Board Members requested that staff attempt to amend the ordinance to prevent freestanding structures in the future. B. Comprehensive Plan Update Mr. Smyser stated that the contract for the consultants to prepare the Comprehensive Plan update was approved by the City Council on July 24. At this time, city staff is gathering data for the visioning process and the subsequent Comprehensive Plan process. VII. ADJOURNMENT Mr. Rafferty made a MOTION to adjourn the meeting at 6:57 p.m. Motion was supported by Mr. Laden. Motion carried 6 -0. Respectfully submitted, Dawn Bugge Community Development Assistant DRAFT MINUTES • AGENDA ITEM V.A. STAFF ORIGINATOR: Paul Bengtson MEETING DATE: September 13, 2006 TOPIC: Public Hearing (Continued from August 9th) Golden Acre • Rezone From Rural to R -1 • Variances for Lot Depth, Lot Width, and Lot Area ■ Preliminary Plat • Allocation of 1 Acre of MUSA Reserve BACKGROUND The Planning and Zoning Board voted to continue the public hearing for this application at the recommendation of staff. Staff is again recommending that this item be continued so that staff can complete a review of the materials submitted on September 7th by the applicant. The applicant, Tim Anderson, is aware of staff s intentions and does not object to the continuation. Staff has mailed a notice to the applicant extending the review period to 120 days for the application to account for this delay. • • • • • STAFF ORIGINATOR: P & Z MEETING DATE: TOPIC: BACKGROUND AGENDA ITEM V B Jeff Smyser September 13, 2006 PUBLIC HEARING: Zoning Amendment • Amend Zoning Ordinance Text Regarding Uses in NB, LB, and GB Zones • Rezone Southeast Corner of Birch/Hodgson From LB Limited Business to NB Neighborhood Business The City Council directed staff to initiate a rezoning of the commercial lot on the southeast corner of the intersection of Birch St. and Hodgson Rd. Consideration of development of that property raised concern about the uses on that site allowed by the zoning ordinance. The City Council considers some of the potentially allowable uses in the Limited Business zone to be undesirable for this specific site. Examination of the differences between the Limited Business and Neighborhood Business zones led to recommendations to amend the ordinance to change some of the uses allowed in the three business zoning districts. These amendments should be completed as soon as possible to eliminate uncertainty for this and other sites with immediate development application potential. This public hearing covers both the rezoning of the site and the changes to the ordinance text. Both actions are zoning amendments. ANALYSIS Lino Lakes has three commercial zoning districts (zones): Neighborhood Business, Limited Business, and General Business (NB, LB, and GB). Each zone has permitted uses, accessory uses, and conditional uses. The uses allowed is the primary means of defining one zone compared to others. The intensity of uses and the extent of their market areas increases from NB to GB. The purposes of the three districts are explained in the ordinance as follows: • Zoning Amendments and Rezoning of Millers Crossroads Commercial Site page 2 SECTION 7. BUSINESS DISTRICTS Subd. 1. NB, Neighborhood Business District. A. Purpose. The purpose of the NB, Neighborhood Business District is to provide for the establishment of local businesses for convenience, limited office, retail or service outlets which deal directly with the daily requirements of the immediate neighborhood and which are located along a collector or arterial roadway. These businesses are not intended to draw customers from the entire community. No new land shall be zoned NB, Neighborhood Business unless the site or area lies within the City's MUSA and sanitary sewer and municipal water are available. Subd. 2. LB, Limited Business District. A. Purpose. There may be some areas which are suitable only for commercial uses of a limited (less intense) nature. This may be due to the close proximity of residential uses. This may include high quality commercial areas such as an "office park" development. Also, the LB District can be used as a transitional district or buffer between non - compatible uses such as intense commercial (GB) and residential uses. No new land shall be zoned LB, Limited Business unless the site or area lies within the City's MUSA and sanitary sewer and municipal water is available. Subd. 3. GB, General Business District. A. Purpose. There are areas containing a wide variety of business uses including retail, service, and semi - industrial uses. As such, they may contain businesses which tend to serve other business and industry as well as those catering to shoppers' needs. No new land shall be zoned GB, General Business unless the site or area lies within the City's MUSA and sanitary sewer and municipal water is available. A recent development application focused attention on the commercial site on the southeast corner of Birch St. and Hodgson Rd. The lot of 1.8 acres was created and zoned to LB in 2003 as part of a larger development project. The City Council recently concluded that LB is not the appropriate zoning for this location because of several auto - oriented uses allowed in a LB zone and their potential negative impacts on the surrounding residential neighborhood. Such uses are not allowed in a NB zone. The City Council directed staff to initiate a rezoning of this site to NB. It was appropriate to compare the business zoning districts to determine what uses are allowed and what differences exist. As a result of that analysis, in addition to rezoning the Birch/Hodgson site, staff is recommending some amendments to the ordinance that would change some of the uses allowed in the different districts. The attached table lists the uses currently allowed in the NB, LB, and GB zoning districts and notes the recommended amendments. The actual text amendments are listed below. Zoning Amendments and Rezoning of Millers Crossroads Commercial Site page 3 Recommended Amendments to Zoning Ordinance Text Individual changes are discussed below followed by the recommended text amendments. Added text is underlined, deleted text is shown in strikeout. The amended lists of NB permitted and conditional uses are shown in their entirety after the discussion of individual changes. • Liquor Sales: Currently, the zoning ordinance allows liquor sales in the LB and GB zones as permitted uses. The ordinance does not allow liquor sales of any kind in the NB zone. The state liquor laws are somewhat complex. Without getting into the entire statute, there are several types of liquor licenses the City can issue. There are separate licenses for "off- sale" and "on- sale" sales. "Off- sale" is selling alcoholic beverages in containers for consumption elsewhere. A liquor store is an example of an off -sale license. "On- sale" is selling drinks for consumption onsite, such as in bars and restaurants. There also are separate licenses for 3.2% beer, wine, and "intoxicating liquor ". "Intoxicating liquor" is the large category that covers everything. There's an off -sale license for 3.2% beer, and an off -sale license for everything else. There are separate on- sale licenses for 3.2% beer, wine, and intoxicating liquor (all types). A wine license requires a restaurant seating at least 25 persons. Strong beer can be sold on -sale if a business has on -sale licenses for both 3.2% beer and wine, and at least 60% of gross receipts is from selling food. Currently, the zoning ordinance does not distinguish between these types of liquor sales. This has not been an issue because all of our wine /strong beer and hard liquor licenses are in GB zones. We are proposing to allow in NB zones the sale of on -sale wine and beer and the sale of off -sale 3.2% beer. This would allow neighborhood restaurants and cafes to serve beer and wine, but not distilled spirits. It also would allow a small grocer or deli to sell 3.2% beer in containers (off - sale), but would not allow liquor stores. Any sale of alcoholic beverages would require obtaining the appropriate license, which requires a background check. The amendment would be as follows: Subd. 1. NB, Neighborhood Business District. F. Permitted Uses. 9. Liquor sales: on -sale wine and malt liquor (beer) only, off -sale 3.2 percent malt liquor (beer) only. • • Zoning Amendments and Rezoning of Millers Crossroads Commercial Site page 4 • Residential Care Facilities: Residential extended care facilities, such as nursing homes, is included as a permitted use in the LB district only. Such a facility of a limited size would be an appropriate use in a NB zone. This would include hospice care or a small senior retirement residence. Including these facilities in NB zones allows for them to be located near to residential neighborhoods, which would provide retirement homes and hospices near family. Limiting the size keeps such a facility at a neighborhood scale. The amendment would be as follows: Subd. 1. NB, Neighborhood Business District. F. Permitted Uses. 10. Residential extended care facilities such as nursing homes, with a maximum of 30 residents. • Restaurant With Outdoor Dining Facilities: Accessory outdoor dining facilities for restaurants is a conditional use in both the LB and GB zones. In the existing ordinance, all access must be through the building, which eliminates sidewalk dining if wait service is provided. The recommended amendment allows sidewalk wait service without access restriction as long as there is enough space to allow unimpeded pedestrian circulation. However, if liquor is being served outdoors, access would be allowed via the building only. The amendments would be as shown below, with added and deleted text. Outdoor seating for neighborhood restaurants, cafes, coffee shops is an increasingly popular amenity. It is an appropriate feature for a neighborhood business with certain stipulations. Staff is recommending adding outdoor seating with the conditions to the NB zone as a conditional use. However, only wine and beer could be served in the NB zone, as explained in the discussion of liquor sales above. Subd. 2. LB, Limited Business District. Subd. 3. GB, General Business District. add to Subd. 1. NB, Neighborhood Business H. Conditional Uses. (LB) 8. Restaurants with accessory outdoor dining facilities provided that: (GB) 12. Restaurants with accessory outdoor dining facilities provided that: (NB) 3. Restaurants with accessory outdoor dining facilities provided that: a. The applicant submit a site plan and other pertinent information demonstrating the location and type of all tables, refuse receptacles, and wait stations. • • Zoning Amendments and Rezoning of Millers Crossroads Commercial Site page 5 b. Access to the dining area shall be provided only via the principal building if alcoholic beverages are served in the outdoor dining area the dining area is full service restaurant, including table waiting service. c. The size of the dining area is restricted to thirty (30) percent of the total customer floor area within the principal structure. of this Ordinance. ed. All lighting be hooded and directed away from adjacent residential uses in accordance with Section 3, Subd. 4.F of this Ordinance. fe. The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the following: 1) Outdoor dining area shall be at least partially segregated from through pedestrian circulation by means of fencing, bollards, ropes, plantings, or other methods, and shall be subject to review and approval by the City Council. 2) Minimum clear passage zone for pedestrians at the perimeter of the restaurant shall be at least five (5) feet without interference from parked motor vehicles, bollards, trees, tree gates, curbs, stairways, trash receptacles, street lights, parking meters, or the like. 3) Overstory canopy of trees, umbrellas or other structures extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of seven (7) feet above sidewalk. • Specialty Schools: The ordinance currently includes "Private specialty schools such as music, dance or business schools" as a conditional use in the LB zone and a permitted use in the GB zone. Staff recommends deleting the limiting term "private ". There is no reason a public entity should not be able to open a small instructional operation as could a private business. We recommend allowing specialty schools as conditional uses in the NB zone as well. These typically are small businesses, often in storefront locations. A larger operation, while possible, probably would require a larger piece of property than typically is available in an NB zone. s • Zoning Amendments and Rezoning of Millers Crossroads Commercial Site page 6 • Small Engine Repar: We also recommend deleting "small engine repair" from the NB zone conditional uses. This is not an appropriate activity because an NB zone typically is located next to residential property. Small engine repair currently is a conditional use in the GB zone, which is appropriate. SECTION 7. BUSINESS DISTRICTS Subd. 2. LB, Limited Business District. H. Conditional Uses. Subject to applicable provisions of this Ordinance, the following are conditional uses in the LB District: These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd. 2. of this Ordinance. 6. Private sSpecialty schools such as music, dance or business schools provided that: a. Provisions are made to buffer and screen any adjoining residential uses. b. The site is served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated. Subd. 1. NB, Neighborhood Business District. H. Conditional Uses. Subject to applicable provisions of this Ordinance, the following are conditional uses in the NB District: These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd. 2. of this Ordinance. 3. Small engine repair provided that: feet shall be landscaped and screened in compliance with Section 3, c. Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with Section 3, Subd. 5. of this Ordinance and shall be subject to the approval of the City Engineer. d. Provisions are made to control and reduce noise. • Zoning Amendments and Rezoning of Millers Crossroads Commercial Site page 7 c. No outside storage, service or sales except as allowed in compliance with Section 3, Subd. 1.P and Section 7, Subd. 1.G.5 of this Ordinance. 4. Specialty schools such as music, dance or business schools provided that: a. Provisions are made to buffer and screen any adjoining residential uses. b. The site is served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated. • Catering Services: "Service Business — Off - Site" is a use that is not allowed in the NB zone, but restaurants are allowed. The definition of off -site service businesses includes catering services. However, the definition of restaurants includes delivery food sales. Caterers deliver food off -site, but so do pizza businesses that do deliveries. We recommend deleting catering services from the definition of Service Business Off -Site. This does not mean we would not allow catering services. It means catering services would fall under the definition of restaurants, which includes "delivery food sales ". This would allow catering businesses in the NB zone. A catering business would not cause conflicts in an NB zone and would be as appropriate in the NB as a restaurant, pizza delivery service, and the like. In fact, a caterer would generate less traffic, including delivery vehicles. SECTION 1. TITLE / APPLICATION / RULES Subd. 2. Rules and Definitions. B. Definitions. The following words and terms, wherever they occur in this Ordinance, shall be interpreted as herein defined: 15. Service Business Off -Site. A company that provides useful labor, maintenance, repair and activities incidental to business production or distribution where the service is provided at the customer's location, including delivery services, catering services, plumbing and sewer services, and other uses of similar character. Rezoning The subject site is located at the southeast corner of Birch St. and Hodgson Rd. During the recent discussion of site development, it became apparent that the existing zoning classification of the parcel (LB, Limited Business) is inconsistent with the City Council's intent when it rezoned the property in September 2003. Specifically, the LB zone provides for auto orientated uses that are not allowed in the NB, Neighborhood Business zone. The commercial site is abutting and accessed through the Millers Crossroads Zoning Amendments and Rezoning of Millers Crossroads Commercial Site page 8 residential development. The City Council wants to minimize impacts on those residents caused by commercial activity. The potential for impacts would increase as traffic increases, and auto oriented uses would increase the potential for increased traffic. Rezoning the site to NB would avoid such impacts. Amending the uses allowed by the zoning ordinance, as recommended above, would increase the possible commercial uses in an NB zone without the auto oriented uses and their potential impacts on residents. SUMMARY The recommended zoning amendments include the following: • Add sales of wine and beer to the permitted uses in the NB zone. • Add extended care facilities up to 30 residents to the permitted uses in the NB zone. • Amend the conditions for outdoor dining facilities in the LB and GB zones. • Add outdoor dining facilities as a conditional use in the NB zone, with conditions. • Amend conditions for specialty schools in the LB zone to eliminate limiting to private schools. • Add specialty schools as a conditional use in NB zone, with conditions. • Delete small engine repair as a conditional use in the NB zone. • Amend definition of "Service Business Off - Site" to delete "catering services ". • Rezone commercial site on southeast corner of Birch/Hodgson from LB to NB. OPTIONS 1. Approve amending the ordinance text as listed in this report 2. Approve rezoning the Millers Crossroads commercial site from LB Limited Business to NB Neighborhood Business. 3. Deny the zoning amendments. 4. Return to staff with direction RECOMMENDATION Options 1 and 2 • • • Zoning Amendments and Rezoning of Millers Crossroads Commercial Site page 9 This is how the NB zone permitted and conditional uses would be amended.. SECTION 7. BUSINESS DISTRICTS Subd. 1. NB, Neighborhood Business District. F. Permitted Uses. In the NB District, unless otherwise provided in this Ordinance, no building or land shall hereafter be erected, or structurally altered except for one or more of the following uses. 1. Adult use — accessory. 2. Governmental or public regulated utilities, buildings, or structures necessary for the health, safety, and general welfare of the City. 3. Office business — clinic. 4. Office business — general. 5. Personal services (subject to any licensing requirements of City Code, County or State). 6. Restaurant without drive - through service facilities or outdoor dining. 7 Retail business without drive - through service facilities. 8. Service business — on -site without drive - through service facilities. 9. Liquor sales: on -sale wine and malt liquor (beer) only, off -sale 3.2 percent malt liquor (beer) only. 10. Residential extended care facilities such as nursing homes, with a maximum of 30 residents. H. Conditional Uses. Subject to applicable provisions of this Ordinance, the following are conditional uses in the NB District: These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd. 2. of this Ordinance. 1. Commercial day care facilities provided that: • Zoning Amendments and Rezoning of Millers Crossroads Commercial Site page 10 a. All requirements of the Minnesota Department of Health and Human Services, as may be amended, are satisfactorily met and the structure and operation is licensed accordingly. b. Screening is provided along all shared property lines. Such required fencing and screening shall be in compliance with the applicable provisions of Section 3, Subd. 4.Q of this Ordinance. c. Adequate off - street parking is provided in a location separated from any outdoor play area(s). 2. Planned unit development — commercial including shopping centers as regulated by Section 2, Subd. 10 of this Ordinance. of this Ordinance. b. At the boundaries of a residential district, a strip of not lee than five (5) feet shall be landscaped and screened in c. Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with Section 3, Subd. 5. of this Ordinance and shall be subject to the approval of the City Engineer. e. c. No outside storage, service or sales except as allowed in compliance with Section 3, Subd. 'l.P and Section 7, Subd. 1.G.5 of this Ordinance. 3. Restaurants with accessory outdoor dining facilities provided that: a. The applicant submit a site plan and other pertinent information demonstrating the location and type of all tables, refuse receptacles, and wait stations. b. Access to the dining area shall be provided only via the principal building if alcoholic beverages are served in the outdoor dining area. • • Zoning Amendments and Rezoning of Millers Crossroads Commercial Site page 11 c. The size of the dining area is restricted to thirty (30) percent of the total customer floor area within the principal structure. d. All lighting be hooded and directed away from adjacent residential uses in accordance with Section 3, Subd. 4.F of this Ordinance. e. The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the following: 1) Outdoor dining area shall be at least partially segregated from through pedestrian circulation by means of fencing, bollards, ropes, plantings, or other methods, and shall be subject to review and approval by the City Council. 2) Minimum clear passage zone for pedestrians at the perimeter of the restaurant shall be at least five (5) feet without interference from parked motor vehicles, bollards, trees, tree gates, curbs, stairways, trash receptacles, street lights, parking meters, or the like. 3) Overstory canopy of trees, umbrellas or other structures extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of seven (7) feet above sidewalk. 4. Specialty schools such as music, dance or business schools provided that: a. Provisions are made to buffer and screen any adjoining residential uses. b. The site is served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated. • This table is a summary only: complete requirements are listed in the zoning ordinance. • >, a)�U o c o - i 0) O CO O) U `) a) _ C .2 O Q c 0_ -c..5 c � c c (a _ E CIC vim) i c = o > (0 O'5 a) _ > tic co a) U t/) a)== N - Gi O L .� _ i N a3 cts •� (a (n a) 03 — r2 L c L U c =c5ma) o L co a)Lcc • U O J U ¢ O voi E v) E c > O' Cd C Z o— _0 Ti <(7 Greenhouses and landscape nurseries. Hospitality business. Liquor sales - on and off sale. Office business - clinical. Office business - clinic. Office business - general. Office business - general. T a) a) a) c co o 0) .5 c 0) a = U C Q O a) as — C U = (0 U 0 a) 0 c 0 X c a) 0 () _ 0) c 0 _ > c •c oL O .,r O 3 .5 0 0 3_ 7 0 U Et co Retail business. Service business - off -site. Service business - on -site. a)- uj c 0 `a o (-) E N +� _ (A U a) C 0) To O -CD O L O U )U L CO CO CD c CO mE a) (1) o) N L a) O T E' c (o oU U a a) 0 • .0 O U U) T (1) U (1. 0) (0 O U U 0 a) E a) 0 a) a) U L a) U -C c 0 _ Li) c) > .0 O O >0 O -5 c co 0 � 0 U 0)) N _co.) O L _ m > •E L •— = O 0 0 -c -0 = }�'a 0 tt}„ c O (I) (I) K CI) > O _ 'V a) C 0= U co � m O U c• 0) U 0) '> O 0 O a) L a) > 7 0 _ 3 Q) O N c 0 = U (0 a) U fn i a) 0 0) C. O • w >�-/ N.. 0 w 0 0 U 0) N w Z_ N m • • This table is a summary only: complete requirements are listed in the zoning ordinance. • cn w cn J z 0 1- z 0 H U_ V / z co W GB, General Business .0 N 03 asE5 -C co C O L _ I J > M -05,>, J o c U > U 2 Q Q NB, Neighborhood Business Commercial day care facilities with provisions. (ri O > 2 Q (n a) U 4- E) as U >, 03 0 a) E E 0 0 s with provisions. Contractor shops and offices with provisions. Motor fuel stations with provisions. Outdoor recreation facilities with provisions. a) 0 0 N 0 0 0 O to 0 a) O • co c O .o O (n O O 0_ c Motor fuel stations with Private lodges and clubs with provisions. >, _ a ) O 'a U 4) co' E (0 E m o L 0 U co a) (o _c C O O N O U 0 o 0__0 0= c U) co N 'a c c a) c a •O C C U O O N T _ _o ai TD- 0 L O a 0 U U Q) 1 (o C N_ ooN E O U O Ti) o- a) a-6 o Q.0 0 C _C CO D .a CS) N O C C a .O C 7 U (V3 U a) Private lodges and clubs with provisions. a) a O a) co U (co a) a) C 0) — E�' (0 j O O c CD o vi a) +� C - o -d c fA O Q CO 0 "O 4 X • • This table is a summary only: complete requirements are listed in the zoning ordinance. • BUSINESS DISTRICT - USES BY ADMINISTRATIVE PERMIT N N a) .N 11-2 a) a) 0 m 0 05 CI) O @ • Q a) ai (6 N 0 a) CO c U a) 92 0 @ • c N c 9- § >O ca c Ou) 0 Q N W CL co U) BUSINESS DISTRICT - INTERIM USES GB, General Business LB, Limited Business ai O Z • • ?, 7 s' //f.,11, September 06, 2006 Jeff Smyser Planning Director Michael Grochala Community Development Director City of Lino Lakes Re: Proposed changes to the Neighborhood Business zoning district Dear Gentleman, Thank you for our meeting on Tuesday September 5th. As you know, we have not agreed with the proposal to rezone the Miller's Crossroads retail center from limited business to neighborhood business. However, we appreciate the opportunity to provide input on the proposed revisions to the neighborhood business zoning classification. Therefore as you requested, we have reviewed the uses and proposed changes to the Neighborhood Business zoning district. As described in the city's zoning code the purpose of the NB, Neighborhood Business District is to provide for the establishment of local businesses for convenience, limited office, retail or service outlets which deal directly with the daily requirements of the immediate neighborhood and which are located along a collector or arterial roadway. We appreciate Mr. Smyser's concern regarding the limited the uses in the current Neighborhood Business (NB) zoning which appear inconsistent with the stated purpose. Based on our review, the following permitted uses should be added to the Neighborhood Business zoning classification: • Liquor sales, both on and off, but especially on -sale for small specialty restaurants. Ethnic or specialty restaurants are very typical tenants of neighborhood centers, and commonally serve beer and wine. • Recreational business contained entirely within the principal building. This could be interpreted to prohibit exercise or work -out facilities (such as Curves) and other similar businesses that are common tenants of neighborhood centers. • Service business — off site. This term is vague and could be interpreted broadly to include pizza and other food or service delivery businesses, such as Dominos. • Specialty schools such as music, dance, gymnastic, or business /trade schools. Specialty schools, such as karate schools, are common and appropriate tenants of neighborhood centers, and should be permitted. . The current conditional uses in Neighborhood Business are appropriate, and the following conditional uses should be added: • Accessory drive - though facilities with provisions clearly eliminating the most intensive drive - through uses, such as banking or large restaurants. Conditional uses for less intensive purposes such as dry cleaners, small restaurants, and drug stores is appropriate. • • • Private specialty schools such as music. dance or business schools (if specialty schools are not added as a permitted use in NB). • Restaurants with accessory outdoor dining facilities with provisions. • Residential Apartments, such as an extended care facility or small hospice or memory care facility. The changes we are suggesting are critical to the commercial viability of a neighborhood business center and the current NB zoning classification should be expanded as described above. We appreciate the opportunity to provide our input into this important issue. Please contact me if you have any questions. Sincerely, _ Becky Nelson BRUGGEMAN COMPANIES 651-491-0853 Jeff Smyser From: Becky NELSON [bg_neI @msn.com] Sent: Friday, September 08, 2006 10:58 AM To: Jeff Smyser Subject: RE: Millers Crossroads commercial site Jeff, I wanted to make sure that you received my comments yesterday and I've thought about a few more uses that would fall under the "Service Business Off- Site ". They are: An interior Designer, tile or carpet guy, a marble or granite fabricator. All of these would be appropriate in a neighborhood \ usiness setting. Thank you, Becky Nelson • • • • Existing Zoning Map (Detail of Birch /Hodgson Area) proposed rezoning from LB to NB • City of Lino Lakes Zoning District Map T • Columbus Township f r� tr Ir —1 -1r_ - -1 ' + s a f-24m Elirim- // t 3,.� , 1 it 1' I ) / 1 1V-11 ( _.1 ' ' , kRwldeau Laker L) �� J I • / t1: ehm' funs existing LB zone existing NB zones Par George Watch Lake .Peltier Lake LQ*1 -- -7 i Marslian Lake (-7 13 )77 rd 3 c all other business zones are GB Rice Lake Reshanau Lake Rice.Lake slates c proposed rezoning from LB to NB Baldlf•in Lake uthReshanau Lake Est. Park 1 ,Ckarw3ter /Kn d (� i City of Shoreview Lino Lakes Planning Department 600 Town center Parkway Lino Lakes, Minnesota 55014 Phone (651) 982 -2440 Odd even I I d if Otter Lake NOUSE NUMBERING SYSTEM ceasefire System. Ano\k County Roscoe Coordinates NA027. Feet Anoka County P,reel Dote: April 2004 Rebnse City of North Oaks s January 2005 Maps are for illustrari a proposes only Recent changer rnm• not be included. Land Use and Zoning btfonrranon shordd be verdied ,titer City Srr1(! 111S011 jr,akk. KEY Lake County Park IPSPI City Perk, ti 1 M.U.SA. White Bear Township Legend Run! 44 Nq, 031n, Pea PW 3-0 Rlaal *3MM1, SC Skeecmg 000* RA Runt Eselnw P00 SC ShRgnq *00000 R -. 0030, Fame 1.1044m13l mu 03 c,„..,,,,.„....„01*„ 3.10 Ss.48F+mM EnWMS — OB Gene. evsna. 3.2 Two Frndy3•SEM4 GB Gyms. Ovanas PDO R.3 Medun Denny ReYMt> Le Ln.1e, Lknlnl80 34 N41pn+kly Ratlntl -1.e 36,01oeb4Eevsna1 R-, kteetaketate bmsPal ' CM Cerwal lMUS1101 11.1 544, 33003 Ran.* POO L■ Lip.InKKl.aal RIM Sty.Fan4Faew•10P00 — Li Lg4R'M,mnal PDC — RJ ks,nan wnsM Rk.M.Ra'PDO PSP P1Lt.e 500:000, R -PP 0,4* .n«.s Rae* 'SP County PP. ' m.E n,0 • AGENDA ITEM VI.A. STAFF ORIGINATOR: Paul Bengtson MEETING DATE: September 13, 2006 TOPIC: Trash Enclosures and Accessory Structures BACKGROUND At the August meeting the board expressed an interest in discussing the zoning ordinance's standards for trash enclosures, specifically stating that they would like to move towards requiring the enclosures to be attached to or integrated into the main structures on the site. Staff �egan discussing this issue internally and identified not only the need to further research on trash enclosures specifically, but also based on previous comments by the board, that it may be the board's intention to look at commercial accessory structures as well. Board members have expressed concern over the stand alone accessory buildings on projects like the proposed Jehovah's Witness project (that was withdrawn by the applicant) and the EG Rud building (since constructed at the corner of Lake and Hodgson). Staff needs further direction on the subject prior to bringing any text forward to the board. ANALYSIS The following sections of the zoning ordinance pertain to the discussion of trash enclosures and accessory structures. Each will need to be part of the discussion and may or may not need to be amended as part of any zoning text amendment addressing the board's decisions. The first section of code is the general building type and construction requirements for Commercial, Industrial, and Institutional buildings. Within this section it requires all accessory structures to have `essentially the same or a coordinated, harmonious finish treatment' as the rincipal structure on the site. This effectively covers any concerns that staff had in regards to the materials and finishes allowed for trash enclosures or accessory structures. Therefore staff sees no reason to amend this section of the ordinance (which was just adopted as part of an amendment last year). • SECTION 3. GENERAL PROVISIONS Subd. 4. General Building and Use Provisions. B. Building Type and Construction. 4. Commercial, Industrial, and Institutional. All buildings erected on land within commercial, industrial and public and semi - public zoning districts, and all institutional buildings (such as public, education, and religious buildings) in residential and rural zoning districts shall conform with the following: a. All sides of the principal and accessory structures are to have essentially the same or a coordinated harmonious finish treatment pursuant to Section 3, Subd. 4.B of this Ordinance. b. Exterior wall surfaces may be a combination of materials including brick, stucco, EFIS (exterior finish insulation system), textured, colored or decoratively finished pre -cast or poured -in -place concrete panel, textured concrete masonry units, natural stone, manufactured stone, transparent, tinted or low- reflective glass, or decorative metal cladding. Stucco or EFIS shall constitute no more than thirty (30) percent of the primary, front building elevation, and no more than sixty (60) percent of any side or rear building elevation. Stucco or EFIS shall not extend closer than three (3) feet to the ground plane. Decorative metal cladding refers to decorative, metal cladding systems such as copper, zinc, titanium, stainless steel and painted steel components fixed to the outside of the primary wall system. Complete or partial buildings comprised of structural metal wall panel systems that act as the primary wall system, or as a complete wall system such as pole barns or similar structures common to agricultural or industrial storage uses are prohibited. c. Buildings shall have a well- defined base, middle and top. The base should appear visually distinct from the middle and top part (cornice) of the building through the use of a change in building materials, color, window shape or size, an intermediate cornice line, sign band, an awning, or similar techniques. d. Earth tone colors of exterior materials shall be required. "Earth tone colors" shall be defined as any various soft colors like those found in nature in soil, vegetation, etc. Such colors are limited to various shades or tints of brown, black, gray, tan, beige, brick red, soft green, soft blue, or white. e. Ten (10) percent of the building facade may contain contrasting colors. Contrasting colors shall be those colors not defined as earth tones. f. All mechanical equipment, such as air handling units located anywhere on the property, including rooftop equipment, shall be screened from view from adjacent streets, public rights of way, and adjacent properties. Where a site abuts a residential property, the location of air handling and other equipment must take into account the potential for noise and other impacts on the residential property. g. The next section of code covers the accessory building and structure's general provisions for all Woning districts and building types. This section requires detached accessory buildings to maintain a setback equal or greater to that of the principal structure for all zoning districts that would likely have trash enclosures. There is a potential that a church could be built within one of the exempted zoning districts and therefore could have a trash enclosure setback the minimum 100 feet from the right -of -way while the church itself could be setback further depending on the size of the property. This may or may not be looked at as a loophole that needs to be closed. This section also requires accessory structures to not interfere with the future subdivision of property or be placed in an easement. This requirement gives staff leverage in attempts to keep any trash enclosures from interfering with the further use of properties. • • SECTION 3. GENERAL PROVISIONS Subd. 4. General Building and Use Provisions. D. Accessory Buildings and Structures. 1. General Provisions. a. No accessory building or use shall be constructed or developed on a lot prior to the time of construction of the principal building to which it is accessory. b. A building or portion thereof used for an accessory use, other than home occupation, shall be considered as an accessory building. c. No detached accessory building shall be closer to the front lot line than the principal building or its attached garage except within the R, R -X, and R -BR Zoning Districts, provided the accessory building is set back at least one hundred (100) feet from the street right -of -way. d. Setbacks for accessory buildings in all districts shall be determined in accordance with appropriate district provisions. Location of said accessory buildings shall not interfere with the future subdivision of the property, or be located in any utility or drainage easement. e. A garage in residential districts shall not be utilized for business service or industry. Such garage shall not be used for the storage of more than one (1) commercial vehicle having a gross weight rating exceeding eleven thousand seventy -five (11,075) pounds. The following section of code specifically outlines the accessory structure requirements for all Wommercial and industrial zoning districts. It may be necessary to address institutional buildings within this section so that it covers the allowable institutional uses of the residential and rural zoning districts as well. This section of code is also very specifically written to exclude a bus storage facility such as the Rehbein Transit facility on Hodgson Road. Should the board desire to remove these exceptions it would make that facility a legal non - conforming use and would limit the potential for the same type of use being built elsewhere in the city. Letter (b) could use further clarification to clearly indicate that the setbacks for accessory structures must not be less than that of the main structure rather than `shall not exceed' which could be read to mean that they can not be placed any further setback than that of the main structure. The overall question for the board is that if they no longer want detached trash enclosures, then do they want to prohibit detached accessory structures all together? • SECTION 3. GENERAL PROVISIONS Subd. 4. General Building and Use Provisions. D. Accessory Buildings and Structures. 9. Commercial and Industrial Zoning Districts. The following establishes the maximum number, size, and height of accessory buildings allowed in the commercial and industrial zoning districts: a. Only one (1) accessory building shall be allowed not to exceed four hundred (400) square feet except when intended for storage of buses. b. Building setbacks shall not exceed base district requirement. c. Building height shall be limited to twelve (12) feet maximum except when intended for storage of buses per Section 3, Subd. 4.B.2.b of this Ordinance. d. Metal buildings and pole barns are prohibited. e. Roof and exterior color and material shall be compatible with the principal structure. f. Accessory buildings on commercial /industrial sites shall be limited to typical accessory storage uses, no auxiliary commercial/ industrial use shall be allowed within an accessory storage building. Site and building plan review shall not be required for accessory building construction as an accessory building that meets the requirements listed herein shall be considered a minor project for the purposes of Section 2, Subd. 5.A of this Ordinance. g. h. Accessory buildings shall not be located within an easement. If the principal building is expanded to cover more of the lot, the accessory building shall be removed if the intended need no longer exists. j. Building permits shall be required as regulated by the State Building Code. Within this final section of code, the location and screening of refuse and recyclable materials is wovered. These requirements include screening them from view, and the basic requirements for a trash enclosure. These are pretty standard requirements for screening including a six foot fence (80% opaque). These could be revised to make references to roof structures, gate requirements (type and materials), etc... • SECTION 3. GENERAL PROVISIONS Subd. 4. General Building and Use Provisions. E. Refuse and Recyclable Material. 2. Location and Screening. a. Dwelling Units, Single Family, Duplexes, and All Other Residential Structures With Four (4) or Less Units. Garbage cans, waste containers and recycling bins shall be kept in rear or side yards. b. Commercial, Industrial, Institutional, Residential With More Than Four (4) Units. 1) All refuse, recyclable materials, and necessary handling equipment including but not limited to garbage cans, recycling bins, and dumpsters shall be stored within the principal structure, within an accessory building, or totally screened from eye level view from all neighboring uses and the public right -of -way. 2) Exterior Storage. Exterior storage of refuse and recyclable material shall require the following: a) Exterior wall or fence treatment shall be similar and /or complement the principal building. b) The enclosed trash and /or recycling receptacle area shall be located in the rear or side yard and shall observe all applicable setback requirements and easements. c) The trash and /or recycling enclosure must be in an accessible location for pick up hauling vehicles. d) The trash and /or recycling receptacles must be fully screened from view of adjacent properties and the public right -of -way by a fence or wall of at least six (6) feet in height and a minimum opaqueness of eighty (80) percent. e) All dumpsters, recycling bins, handling equipment, and enclosures shall be approved by the Zoning Administrator and be kept in a good state of repair with lids designed to prevent spilling and spread of debris and access by animals. The construction of trash and recycling enclosures shall be per standards established by the Community Development Department. All designs and construction of trash enclosures shall be subject to the Building Official's approval.