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HomeMy WebLinkAbout10/12/2011 P&Z Packet• CITY OF LINO LAKES PLANNING & ZONING BOARD MEETING Wednesday, October 12, 2011 6:30 p.m. 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. RECOGNITION OF SERVICE AND PRESENTATION OF PLAQUE to former board member Brian Pogalz — Mayor Jeff Reinert IV. APPROVAL OF MINUTES: September 14, 2011 • V. OPEN MIKE VI. ACTION ITEMS A. CONTINUED PUBLIC HEARING to consider Amending Section 1001 of the City Code regarding Subdivision Regulations — Paul Bengtson B. PUBLIC HEARING to consider Amending Section 8 of the Zoning Ordinance to include Accessory Open and Outdoor Storage as an Interim Use in the Light Industrial District — Paul Bengtson VII. DISCUSSION ITEMS A. None VIII. 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 September 14, 2011' 6:31 P.M. 8:38 P.M. .... Neil Evenson, Michael Hyden, Perry Laden, Robert Nelson, Brian Pogalz (Vice Chair), Michael Root, Paul Tralle (Chair) None_ Jeff Smyser, Jason Wedel, Michael Grochala L CALL TO ORDER AND ROLL,, CALL: Chair Tralle called the Lino Lakes Planning and Zoning Boy eeting to order at 6:31 p.m. on September 14, 2011. II. APROVAL OF AGENDA The Agendaas approved presented. III. APPROVAL OF MINUTES: August 10, 201'. Mr. Laden made a MOTION tcapprove the August 10, 2011 Meeting Minutes. Motion was supported by Mr Ryden: Motion carried 4 - 0. (Nelson abstained.) IV. OPEN MIKE Chair Tralle declared Open Mike at 6:32 p.m. There was no one present for Open Mike. Mr. Pogalz made a MOTION to close Open Mike at 6:33 p.m. Motion was supported by Mr. Laden. Motion carried 5 - 0. V. ACTION ITEMS DRAFT MINUTES Planning & Zoning Board September 14, 2011 Page 2 A. CONTINUED PUBLIC HEARING to consider Amending the Conditional Use Permit for a motor fuel station to allow for the installation of new gas pumps and canopy, located at 7997 Lake Drive Jeff Smyser, City Planner, presented the staff report. Staff recommended approval of the CUP Amendment. Staff addressed questions of the board. The board requested that staff look into an allowable decibel for sound generated by video advertising that may be displayed at the pumps prior to city council review. Chair Tralle declared the Public Hearing open at 6:50 p.m. Paul Nolan of RJ Marco Construction and John Magill, applicant, were present for questions. Mr. Nolan stated that a lot of work has been done to get to this point and they are looking forward to a nice project for the city. They were appreciative of city staff's patience during this application process as the economy has made things difficult. Mr. Pogalz made a MOTION to close the Public Hearing at 6:52 p.m. Motion was supported by Mr. Nelson. Motion carried 5 - 0. Mr. Hyden made a MOTION to recommend approval of Amending the Conditional Use Permit for a motor fuel station to allow for the installation of new gas pumps and canopy at 7997 Lake Drive subject to the following conditions: 1. The site shall comply with all MPCA requirements for underground fuel tanks and other elements. 2. Applicant shall submit a complete deed for the easement for the infiltration basin prior to commencing site work. A site performance agreement shall be completed and financial securities submitted prior to the commencement of site work. 4. A stormwater facility maintenance agreement for the infiltration basin shall be completed prior to the commencement of site work. 5. The canopy light model shall be the recessed CAN - 304 -PS -RS as submitted and shown on the lighting photometric plan. 6. Canopy illumination level shown on the photometric plan shall be allowed between 5:00 a.m. to 11:00 p.m. Outside of these hours, the fuel pumps may operate but the canopy lighting level shall be significantly reduced to approximately 10% of full illumination. DRAFT MINUTES • • • Planning & Zoning Board September 14, 2011 Page 3 7. The public address system shall be limited to an intercom system and shall not play music or advertising. 8. Any permits required by Anoka County, such as for work in the right of way, shall be obtained prior to the commencement of site work. 9. Plantings in the infiltration basin must be specified and a five -year maintenance plan, acceptable to the City and prepared by a qualified firm, must be submitted for the native plantings prior to commencing site work. Motion was supported by Mr. Pogalz. Motion carried 5 - Chair Tralle thanked the project representatives for coming business into the city. ;r4, welcomed their new B. PUBLIC HEARING to consider Amending Section 1001 of the City Code regarding Subdivision Regulations City Planner, Jeff Smyser, presented the staff rem continuing the hearing to the next !re tt as only a porn was being reviewed at this time. Staff addressed quesjns of the board Mr. Smyser recommended f t.- section being amended Mr. Smyser recommended deletion of Paragraph 6 on Page 17 as the text is no longer pertinent. Mr. Smyser explained that the MUSA ,as will now be considered Staging Areas per the text in the newly adopted ComprelAsive Plan. Chair Tralle declared the Public Hearing open at 7:16 p.m. There was no one present to speak. Mr. Nelson made a MOTION to continue the Public Hearing to the October meeting at 7:17 p.m. Motion was supported by Mr. Pogalz. Motion carried 5 - 0. VI. DISCUSSION ITEMS A. Outdoor Storage in Industrial Zones Jeff Smyser, City Planner, distributed a zoning map and sections of the zoning ordinance to board members for review purposes. Mr. Smyser explained that this topic was being discussed in regards to a specific property, however the city council requested comments DRAFT MINUTES Planning & Zoning Board September 14, 2011 Page 4 from the planning and zoning board regarding outdoor storage throughout the industrial zoning district. Board members were asked if they thought that the city should consider increasing the number of locations where outdoor storage is allowed or allowing additional storage during a time of recession. Mr. Smyser noted that a property owner had requested exterior storage where it is currently not allowed. Mr. Root arrived at 7:23 p.m. Board member comments included the following: • Once city standards are changed, they are hard to change back. The city should retain standards regardless of the economy. • The city could consider allowing for more storage that is fully screened and not visible above the screened area. • One way to manage an interim use is o set a specific end date that clarifies that the use is temporary. • If storage is needed for a business, it seems it would be needed permanently and not temporarily. If it's a standard and good for business, rtlould be allowed all the time, not just during a time of recession. • The city could and storage as times change. • The city should be especially concerned about light industrial areas that abut residential properties. The city needs to be restrictive as to where outdoor storage is allowed within the light industr zone. • The city should consider allowing outdoor storage along the freeway as it is a good area for industrial uses. The city only has a limited amount of freeway area. B. Uses in Rural Zones Jeff Smyser, City Planner, distributed sections from the zoning ordinance regarding uses allowed in the rural zone. Mr. Smyser reviewed the purpose of each of the rural zoning districts. He noted that this discussion was prompted by a property owner who is currently running a trucking business in the rural area, which is not listed as an allowable use. Mr. Smyser added that the council had directed staff to discuss the issue at a planning and zoning board meeting for comment. The board was asked to comment on the consideration of an agricultural use versus a business that services an agricultural use. Staff noted that the property owner considers his business to be allowable because it serves an agricultural use being that his trucks haul fertilizer. However, upon council discussion, the city attorney pointed out that a DRAFT MINUTES • • • • Planning & Zoning Board September 14, 2011 Page 5 business that services an agricultural use does not mean that it is an agricultural use of the property. The property owner raised the point that agriculture today is not what agriculture used to be. Board member comments included the following: • There is a fine line between this type of use and the allowable uses for this zone. It seems that it would be very easy for the current property owner to comply with the existing conditions of an allowable use if they chose to. • A trucking activity should not be considered a rural lii�g�yy. • A trucking business belongs in the business zone, what product is being hauled. ne, regardless of • There are not many properties in the industrial zone at are large en tw d'r this type of business. Where could the propert y owner relocate_ to? Does the ci ty --Want to lose this business? • Times change and the city should re- evaluate where it was and where it is now. The city should consider that times do change and fertilizer is a necessary agricultural product and this business does belong in the rural area • If the use is allowed, it should be limited to trucking /transportation of agricultural products to avoid conflict with businesses that sell items for agricultural uses and other potential interpretations of the use • Rural does not necessarily mean agricultural. S° noted . 'tie use cannot be considered a home occupation as the property owner is the person conducting the trucking business. dressed that eking business is allowed in the industrial zone. Comm ui I Develop nt Director, Michael Grochala, noted that the city was alerted to this business due to e trucks accessing the site. Staff reiterated that it is necessary for the city to consider impacts of uses and conflicts with neighboring properties in an area Mr. Smyser explained that if the city allows a trucking business as a use, they cannot be product specific with what is being hauled. The city will need to determine if a trucking business should or should not be allowed throughout the rural zone. Temporary Signs • Jeff Smyser, City Planner, distributed a section of the city's temporary signage requirements for review. Mr. Smyser explained that several business owners in the city DRAFT MINUTES Planning & Zoning Board September 14, 2011 Page 6 have stated that they consider the city's signage requirements too restrictive to make their business successful. Council has discussed the issue and requested that the planning and zoning board provide comment. The board was asked whether they considered the city's existing signage requirements to be too restrictive. Chair Tralle pointed out that when the city revised its requirements not that long ago, very few business owners in the city showed up to make comments. He added that a lot of effort went into revising the ordinance several years ago with little feedback from the public. Therefore he considered that if someone was requesting a change, they should bring their request to a planning and zoning board meeting to state their concerns. Staff explained that the City sent out letters to all businesses in the city at the time inviting them to participate in that ordinance revision process. Staff stated that letters recently were mailed /business4wners in the city explaining temporary signage requirements. Currently, some businesses are in compliance while others are not Business owners consider signage be important for competetion with other businesses and the success of their sales. Some business owners are wondering why the city is preventing them from advertising their business with signage. The board was asked to address how allowed for a business ow often t orary signs should be Board member comments included the Bowing: • Window�signage shoul e enough for lira permitted temporary signage allowed. i • The city should be enfo ing those businesses that are not in compliance with the rules. ess owners to advertise, in addition to the • The number of allowable days for a temporary sign could seem restrictive and arbitrary. Certain businesses do need signage to be successful and the ordinance could be less restrictive. The city should revisit the length of time allowed for temporary signs, • The city has strict requirements to keep architectural standards in the city of high quality, therefore businesses should not cover up high quality architcture with increased signage. • The city should consider allowing temporary signs for a longer period, but should not consider allowing more signage. DRAFT MINUTES • • • • • Planning & Zoning Board September 14, 2011 Page 7 • Some cities do not allow any banners at all, therefore Lino Lakes businesses are not at a disadvantage. • The city needs to maintain restrictions on signage. Mr. Tralle reiterated that business owners are welcome to speak at open mike to address any issues they might have with the city's signage regulations. VII. ADJOURNMENT Mr. Nelson made a MOTION to adjourn the meeting at 8:38 p.m. Motion was supported by Mr. Pogalz. Motion carried 6 - 0. Respectfully submitted, Dawn Bugge Community Development Assistant DRAFT MINUTES • AGENDA ITEM 6A STAFF ORIGINATOR: Paul Bengtson P & Z MEETING DATE: October 12, 2012 DISCUSSION TOPIC: PUBLIC HEARING: Continued Amending Section 1001 of the City Code (Subdivision Regulations) BACKGROUND The new 2030 Comprehensive Plan will establish some new policies for how development will occur in Lino Lakes. Chapter 1001 of the City Code, the subdivision regulations, is an important element in the implementation of the policies in the new Comprehensive Plan. Several requirements in the regulations will need to be amended to implement the new policies. In addition, there are housekeeping and other items that are being addressed at the same time. Amending the regulations requires a public hearing, which was opened on September 14, 2011 and was continued at that time for further discussion. RECOMMENDATION Staffing changes at City Hall have necessitated a reorganization of efforts in updating the official controls of the city in response to the 2030 Comprehensive Plan. Staff is requesting that the Public Hearing be closed and the item withdrawn at this time. A new hearing notice will be publicized when staff is ready to move forward. • AGENDA ITEM 6B STAFF ORIGINATOR: Paul Bengtson P &Z MEETING DATE: October 12, 2011 TOPIC: Outdoor Storage — 7301 Apollo Court Public Hearing: Zoning Ordinance Amendment to add Outdoor Storage as an Accessory Use by Interim Use Permit under certain conditions Background Lakes Building Components Inc. has applied to amend the Zoning Ordinance to add Outdoor Storage as an Accessory Use as an Interim Use within the Light Industrial zoning district. Lakes Building Components moved into a portion of 7301 Apollo Court the spring of • 2011 and started assembling building trusses. This type of use is appropriate in the Light Industrial zoning district, however Lakes Building Components began storing not only raw materials, but also finished product in the parking lot and green space west of the parking lot. Additionally, Lakes Building Components hired a contractor to create an opening in the west wall of the existing building and install a roller system outside of the building to allow movement of the finished products to the exterior of the building. This work was done without a building permit or review by the city's Building Official. (The work has since been reviewed and approved by the Building Department.) On March 3, 2011 the city first informed Lakes Building Components that they were in violation of the Building Code, since they had not received a building permit to do work on the building; and that the storage of raw materials and finished product was not allowed on the site. As 7301 Apollo Court abuts a property zoned for residential /rural to the west and abuts I35W due to the enlarged right of way obtained by Anoka County for Apollo Drive, staff informed the business owner that they were not allowed to have any outdoor storage at 7301 Apollo Court and that the site would need to be cleaned up immediately. Since that date a number of conversations have occurred between staff and the business owner's attorney, between staff and the City Council, and between the City Council and the business owner's attorney. The result of those discussions was the submittal of applications for a Zoning Text Amendment and an Interim Use Permit on September 7, 2011. On September 14, 2011 city staff informed the applicant that the Interim Use Permit portion of their application was incomplete and would not be brought forward to the 4111 October Planning and Zoning Board meeting. The applicant chose to pursue the Zoning Text Amendment while submitting the missing application items for the November Planning and Zoning Board meeting. Zoning Ordinance The Zoning Ordinance prohibits outdoor storage in the Light Industrial zoning district unless a Conditional Use Permit or an Interim Use Permit is approved for the site. The Interim Use Permit option currently allows outdoor storage only as a principal use, which is not applicable to this site as a building and use already exists. The Conditional Use Permit currently allows outdoor storage as an accessory use to an approved use of the site, with the following conditions: 5. Open and outdoor storage (not outdoor sales lots) as an accessory use provided that: a. The storage area is landscaped and screened from view of neighboring uses, residential zoning districts, and public rights -of- way per Section 3, Subd. 4.Q of this Ordinance. b. Storage area is fenced in a manner approved by the City. c. Storage area is blacktopped or concrete surfaced unless specifically approved by the City Council. d. All lighting shall be in compliance with Section 3, Subd. 4.F of this Ordinance or other lighting standards in place at the time of project approval. e. The storage area does not take up parking space or loading space as required for conformity to this Ordinance and not in front yards. f The property shall not abut property zoned for residential, rural, or business use, including land in a neighboring city. "Abutting" includes across a street. "Abutting" does not include properties that touch only corner to corner. g. The property shall not abut I -35W or 1 -35E. h. The storage area shall not abut a school or a public park. i. The ratio of storage area to building footprint shall not exceed 3.5:1. j. Storage shall not include material considered hazardous under Federal or State Environmental Law. The fact that 7301 Apollo Court abuts a property zoned for residential /rural to the west and abuts I35W due to the enlarged right of way obtained by Anoka County for Apollo Drive means that they cannot obtain the Conditional Use Permit. • Applicant's Narrative - Zoning Amendment — Accessory Outdoor Storage as Interim Use The applicant submitted a narrative explaining the proposed ordinance amendment including actual ordinance language. Simply put, they propose to amend the current Interim Use allowance for Outdoor Storage as a Principal Use to include Accessory Use as well. As proposed by the applicant the changes to the ordinance would be as follows: Section 8.Subdivision 1.K.1 1. Open and outdoor storage as a principal or accessory use provided that: a. A minimum setback of seventy -five (75) feet is provided along abutting residentially zoned properties. b. The setback shall include a buffer yard not less than twenty (20) feet in width provided along residentially zoned properties in compliance with Section 3, Subd. 4.Q of this Ordinance. c. All storage is screened from view of neighboring uses and public rights -of -way via a fence or green belt planting strip or combination thereof in compliance with Section 3, Subd. 4.Q of this Ordinance. d. The storage area does not take up parking space or loading space as required for conformity to this Ordinance. e. All lighting be in compliance with Section 3, Subd. 4.F of this Ordinance. f. The storage area is fenced and secured in an appropriate manner. g. The storage area is surfaced in a wear - resistant material determined by the City Engineer to be suitable to control dust and drainage. h. All parking, loading and truck staging activities shall occur on site. On- street parking and loading associated with the use is prohibited. i. Noises emanating from the use are in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations MPC 7030, as amended and City Code. J. The use is terminated upon a specified date or the happening of an • event as determined by the City. The applicant's narrative is attached to this report. Findings • Section 2 Subdivision 1 of the Zoning Ordinance states that The Planning and Zoning Board shall consider possible adverse effects of the proposed amendment. Its judgment 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. Staff feels that the proposed amendment would be inconsistent with the following goals and policies from the 2030 Comprehensive Plan: Goal 2: Ensure that zoning and subdivision ordinances and official maps are consistent with the intent and specific direction provided within the Comprehensive Plan. Rationale: Sound land -use plans and accompanying official controls are essential tools that enable the community to attract those specific uses intended for the land and ensure the quality community and life citizens of Lino Lakes value highly. Policies: 1. Ensure developers meet the standards specified within the land - use plan and official controls, including zoning and subdivision ordinances and official maps. 2. Coordinate the plans for housing with plans for light industrial and commercial businesses to balance land uses, serve the quality of life needs of the residential areas, foster a positive business climate for light industrial and commercial business, and expand and balance the community's tax base. 3. Ensure compatibility of adjacent land uses. 2. The proposed use is or will be compatible with present and future land uses of the area. The very reason why the CUP for outdoor storage excludes properties like 7301 Apollo Court is to maintain compatibility with the present and future land uses of the area. An outdoor industrial use has been historically considered by the city to be incompatible with adjacent single family residential. 3. The proposed use conforms with all performance standards contained herein. As stated in Section 1, Subdivision 1.C, Where the conditions imposed by any provisions of this Ordinance are either more restrictive or less restrictive than comparable conditions imposed by any other law • • • ordinance, statute, resolution, or regulation, the regulations which are more restrictive, or which impose higher standards or requirements shall prevail. The CUP language will remain in the ordinance that states that no outdoor storage can occur on properties adjacent to residential properties or the freeway, staff finds this in conflict with the Interim Use Permit language as proposed. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. As the proposed use would be accessory to an existing use, on a developed site, the proposed use will not overburden the city's service capacity. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. The site is currently served and developed for industrial use and therefore the traffic generation of the site is within the capabilities of the surrounding street system. Recommendation In addition to the findings included above, staff has identified 5 additional reasons why this request carries a staff recommendation for denial: 1. Location — while there are many properties within the city that are zoned Light Industrial, only a handful of those properties are adjacent to residential or rural properties. As such, prohibiting exterior storage on properties in such a situation is not prohibiting that use from the city, but rather keeping it consistent with the surrounding area. 2. Screening — while fencing may reduce the actual storage activity visually, it cannot do so for noise. The noise of vehicles moving product (any kind of product) would have a negative impact on the surrounding homeowners. Additionally, fencing may fall short of a visual screen if adjacent properties are at a higher elevation. 3. Aesthetics — the first impression of the city is often drawn from the perspective of 35W and 35E. A long expanse of fencing will not allow visitors and residents to see the strides taken by staff, boardmembers and council in enforcing stricter development standards and raising the bar on industrial and commercial development. Outdoor uses along freeways may lead to high quality developments avoiding those portions of the city. 4. Temporary Uses — the need for storage of both product and raw materials is clearly an indication that the use does not fit on the site. This is not a temporary use for an established business, it is a business that either requires outdoor storage yards permanently, or a larger building permanently. 5. Economic Conditions — it is bad policy to raise or lower standards based on economic conditions. The city should be developed to a set of performance standards based on the desired outcome of the city, not on how much money is available in the market. Consider all the businesses that have invested in Lino Lakes and have complied with these standards. Also consider that once a standard is lowered, as is being proposed, it is very difficult to reinstate. City staff therefore recommends denial of the proposed zoning text amendment. Attachments 1. Applicant's narrative • • • • • • RECEIVED SEP 0 7 2011 CITY OF LINO LAKES JENMAR EQUITY, LLC with SUPERL, INC. AND LAKES BUILDING COMPONENTS, INC. LINO LAKES, MINNESOTA Narrative in Support of an Application for a Zoning Text Amendment and Interim Use Permit September 7, 2011 JENMAR EQUITY, LLC PROJECT TEAM OWNER Mark Dietz Jenmar Equity, LLC TENANTS Superl, Inc. Lakes Building Components, Inc. 7301 Apollo Court Lino Lakes, MN 55104 ATTORNEY William C. Griffith Julie L. Perrus Larkin Hoffman Daly & Lindgren, Ltd. 7900 Xerxes Avenue South, Suite 1500 Bloomington, Minnesota 55431 (952) 896 -3290 Fax: (952) 842 -1729 wg,riffith@larkinhoffman.com 2. • • PROJECT SUMMARY Jenmar Equity, LLC, ( "Jenmar ") is the owner of property located at 7301 Apollo Court (the "Site ") in the City of Lino Lakes, MN (the "City "). Jenmar leases the property to two businesses, Superl, Inc. ( "Superl ") and Lakes Building Components, Inc. ( "Lakes "). Lakes serves the building components market and is currently in startup mode. Lakes is experiencing success in this market and is expecting to grow from approximately 15 employees today to 40 employees in a few years. The Site has served Superl well in the past, but as Lakes has begun to grow, it has needed to accommodate the construction and storage of wood trusses, its main product. To do so, Lakes has utilized an area outside of the main building for temporary storage of these completed trusses. All construction and assembly of the wood trusses has taken place within the building. Currently, outdoor storage is not allowed on the Site. In order for Lakes to succeed in the community, some flexibility is required to allow for storage of its assembled product. This application for a zoning text amendment and interim use permit ( "IUP ") will allow Lakes to utilize the Site in a manner that is consistent with other business in the area, while recognizing that at some point either the Site will no longer be able to accommodate the growth, or Lakes will work with the City to build an appropriate addition to the Site to accommodate the assembly and storage of the trusses. • COMPREHENSIVE PLAN • According to the City's website, the City Council granted preliminary approval of the 2030 Comprehensive Plan ( "Comp Plan ") on June 8, 2009. As required by state law the plan was submitted for review to the Metropolitan Council in August of 2009. The Metropolitan Council took action on December 9, 2009 to authorize the city to put its 2030 Comp Plan update into effect. The plan is currently under review by the City Council. No final approval by the City Council has been taken. The Site is currently guided for Industrial uses in the existing and proposed City Comp Plans. The City recognizes that industrial uses are expected to expand and grow, especially along the I- 35W and I -35E corridors, as demand for available land with convenient transportation access increases. Comp Plan, Chapter 3 -1. The purpose of the Industrial land use category is to accommodate manufacturing, processing, warehousing and research and development uses. Comp Plan, Chapter 3 -11. The City's Economic Development plan recognizes protecting industrial uses in the City as a way to increase employment and diversify the City's tax base. Comp Plan, Chapter 3 -18, Chapter 5 -2. Specifically, several City policies support this application. • Protect designated industrial areas from residential encroachment and marginal land uses that will preclude the highest economic use of land available for commercial and light industrial development. • Develop strategies and programs to attract high value industrial enterprises that have an emphasis on job creation. • Continue to support local business retention and expansion initiatives. Comp Plan, Chapter 5 -2, 5 -3. This zoning text amendment and IUP application will allow Lakes to fully utilize the Site for its growing business, while protecting adjacent residential uses through appropriate screening and the existing fencing that borders the Site. The outdoor storage will provide a staging area for completed materials that are ready for shipment. There will be no construction activities occurring outside of the existing building. The use is appropriate for the Site, is of a scale that will not negatively impact its neighbors and will allow for growth in both employment and tax base. It is a goal of the City to support growth of its existing small businesses. While Lakes recognizes that, due to its growth, the Site will not always be appropriate, Lakes would like to incubate its business at this Site and remain in the City. The text amendment and IUP will allow for this while remaining consistent with the intent and purpose of the Ordinance and the goals of the Comp Plan. ZONING ORDINANCE TEXT AMENDMENT Lakes requests an amendment to the Zoning Ordinance, Section 8, Subdivision 1(K)(1). The requested language is as follows: K. Interim Uses. Subject to applicable provisions of the Ordinance, the following are interim uses in the LI District and are governed by Section 2, Subd. 3 of this Ordinance: 1. Open and outdoor storage as a principal or accessory use provided that: The remainder of the Subdivision would remain unchanged. Section 2, Subdivision 3 of the Ordinance requires that the following factors be considered when reviewing a proposed zoning amendment. 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. See discussion above. The proposed amendment is consistent with the Comp Plan. 2. The proposed use is or will be compatible with present and future land uses of the area. Open and outdoor storage is an acceptable principal interim use on the Site. As an accessory use, outdoor storage of the completed trusses is compatible with both present and future land uses of the area and is less intensive than outdoor storage as a principal use on the Site. 4. • • • • 3. The proposed use conforms with all performance standards contained herein. The accompanying IUP application reflects that the proposed use will conform with the performance standards set forth in the City Ordinance. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. No additional public services will be necessary to accommodate the interim accessory use on the Site. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. Traffic generation is minimal from the accessory use and will not create a level of traffic that is outside of the capabilities of the existing streets. The proposed amendment is consistent with the existing Ordinance. As an accessory use, Lakes will utilize the outdoor storage area in a manner that will allow expansion of the business while remaining on the Site for the next five (5) years. At that time, Lakes commits to working with the City to determine whether there are appropriate Site changes that can be made to accommodate the business on a long -term basis. INTERIM USE PERMIT The purpose of an IUP is to allow a use for a period of time until a peirnanent location is obtained or to allow a use that is judged acceptable by the City Council in the short term that will be replaced in the future by a permitted or conditional use allowed within the respective district. Ordinance, § 2, Subd. 3(A). Lakes requests an IUP of five (5) years in order to utilize the Site in a manner that will allow its business to grow. At the expiration of the IUP, Lakes will be better positioned to determine whether a larger site will be necessary to accommodate its business or whether it can redevelop the Site to conform to the permitted or conditional use requirements of the District. The IUP request complies with the following standards of the Ordinance: 1. It meets the standards of a conditional use permit set forth in Section 2, Subd. 2 of the Ordinance. The application meets this standard. In addition to the discussion above, the requested use will not generate additional noise, smoke, fumes, glare or odors that would be injurious to the public health, safety and welfare. All construction activities will take place within the building located on the Site. The outdoor storage provided will be utilized only to store materials for construction and shipment. 2. Conforms to the applicable performance standards of this Ordinance. For open and outdoor storage uses in the LI District, the following standards are met. a. A minimum setback of seventy -five (75) feet is provided along abutting residentially zoned properties. b. The setback shall include a buffer yard not less than twenty (20) feet in width provided along residentially zoned properties in compliance with Section 3, Subd. 40 of this Ordinance. 5. c. All storage is screened from view of neighboring uses and public rights -of -way via a fence or green belt planting strip or combination thereof in compliance with Section 3, Subd. 4Q of this Ordinance. d. The storage area does not take up parking space or loading space as required for conformity to this Ordinance. e. All lighting is in compliance with Section 3, Subd. 4F of this Ordinance. f. The storage area is fenced and secured in an appropriate manner. g. The storage area is surfaced in a wear- resistant material determined by the City Engineer to be suitable to control dust and drainage. h. All parking, loading, and truck staging activities will occur on Site. i. Noises emanating from the use are in compliance with the State of Minnesota Pollution Control Standards, Minnesota Regulations MPC 7030, as amended and the City Code. J• The use will be terminated at the end of the five (5) year IUP period. 3. The use is allowed as an interim use in the respective zoning district. If the proposed text amendment is approved, the use will be an allowed interim use in the LI District. 4. The date or event that will terminate the use can be identified with certainty. Lakes requests a five (5) year IUP for this accessory outdoor storage use. 5. The use will not impose additional costs on the public if it is necessary for public to take the property in the future. There will be no public costs associated with the use. 6. The user agrees to any conditions that the City Council deem appropriate for permission of the use. Lakes agrees to reasonable conditions imposed by the City Council. CONCLUSION The application for a zoning text amendment and an IUP will provide Lakes the opportunity to grow its business while remaining a part of the community. The use is appropriate for the Site and will not be detrimental to the neighborhood. Lakes appreciates the City's consideration of its requests for a zoning text amendment and an IUP for the Site. 136813.1 6. • • Pcgaz PStOhcYt • Wednesday, October 12, 2011 — P &Z MTG. Recognition of Service for Brian Pogalz 4,, (X Brian Pogalz — history of service to the city: Served as P &Z Board Member for nearly 8 years (7 years and 9 months) Elected January 2004 — through September 2011 Served as P &Z Vice Chair for over 5 years Elected Vice Chair May 2006 — through September 2011 As P &Z Member, Served on Comp Plan Advisory Panel for 2030 Comp Plan Update Advisory Panel meetings in 2007 and 2008 • • • • • September 28, 2011 Mr. Paul Tralle Planning & Zoning Board Chair City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Re: Resignation Mr. Tralle: Please accept my resignation from the Planning & Zoning Board effective 9/28/11. I apologize for this sudden action. My home has been for sale since April and recently sold. With all the red tape it takes to sell theses days it was not until after our last P & Z meeting that things began to look positive towards closing the deal. I have waited until the home officially closed to send this resignation so that I could continue to serve on my term if things fell through. We have signed a lease on a rental home outside of Lino Lakes. I have been a member of P & Z for 7 years and truly enjoyed serving as a member. I would like to attend the next meeting on 10/12/11 to explain to the other members my resignation, perhaps during Open Mic. Please feel free to contact me with any questions. Thank you, Brian Pogalz