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HomeMy WebLinkAbout12/14/2011 P&Z Packet• CITY OF LINO LAKES PLANNING & ZONING BOARD MEETING • Wednesday, December 14, 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. APPROVAL OF MINUTES: October 12, 2011 IV. OPEN MIKE V. ACTION ITEMS A. PUBLIC HEARING to consider Amend Sections 1, 7, and 8 of the Zoning Ordinance to include uses such as Beverage Production and Bottling, Brewers Taproom, and Brew Pubs within certain zoning districts — Paul Bengtson VI. DISCUSSION ITEMS A. Business Licensing / Certificates of Occupancy / Non - Conforming Uses & Sites B. 2012 Meeting Dates 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 : October 12, 2011 TIME STARTED : 6 :33 P.M. TIME ENDED : 7:55 P.M. MEMBERS PRESENT : Neil Evenson, Michael Hyden, Perry Laden, Robert Nelson, Michael Root, Paul Tralle (Chai MEMBERS ABSENT None STAFF PRESENT : Paul Bengtson, Michael Grochala 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. on October 12, 2011. IL APROVAL OF AGENDA Chair Tralle added a discussion item to the agenda prior to Open Mike regarding signage. III. RECOGNITION OF SERVICE AND ,PRESENTATION OF PLAQUE to former board member Brian Pogalz — Mayor Jeff Reinert Mayor Reinert presented member Brian Pogalz with a plaque honoring him for his years of service to the city. Mr. Pogalz was a member of the Planning & Zoning Board for nearly eight years and served as Vice Chair for over five years. As a P &Z Board Member, Mr. Pogalz served on the Comprehensive Plan Advisory Panel in 2007 and 2008. Mr. Pogalz stated that it was his honor to serve on the P &Z Board. He noted that his resignation on the board was due to a move out of the city limits. Board members and staff thanked Mr. Pogalz and wished him well. IV. APPROVAL OF MINUTES: September 14, 2011 • DRAFT MINUTES Planning & Zoning Board October 12, 2011 Page 2 Mr. Hyden made a MOTION to approve the September 14, 2011 Meeting Minutes. Motion was supported by Mr. Laden. Motion carried 5 - 0. ADDED ITEM: SIGN ORDINANCE ENFORCEMENT Chair Tralle requested a discussion with Mayor Reinert regarding ordinance enforcement, specifically regarding signage for businesses. Mr. Tralle wanted to ensure fair treatment for all business owners. Mayor Reinert invited the P &Z Board Members to attend the next City Council Work Session to discuss dealing with complaints and enforcing the city's regulations. V. OPEN MIKE Chair Tralle declared Open Mike at 6:46 p.m. There was no one present for Open Mike. Mr. Hyden made a MOTION to close Open Mike at 6:47 p.m. Motion was supported by Mr. Laden. Motion carried 5 - 0. VI. ACTION ITEMS A. CONTINUED PUBLIC HEARING to consider Amending Section 1001 of the City Code regarding Subdivision Regulations Associate Planner. Paul Bengtson, presented the staff report. Staff recommended that the Public Hearing be closed at this time and the item would be placed on a future agenda. Chair Tralle declared the Public Hearing open at 6:48 p.m. ere was no o resent to speak. Mr. Nelson made a MOTION to Close the Public Hearing at 6:48 p.m. Motion was supported by Mr. Evenson. Motion carried 5 - 0. 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 Associate Planner, Paul Bengtson, presented the staff report. Mr. Bengtson noted that the city's Economic Development Advisory Committee (EDAC) recommended approval of the amendment with a 3 -2 vote at their last meeting. Staff recommended denial of the amendment request due to the findings of fact listed in the staff report. Staff addressed questions of the board. DRAFT MINUTES • • • • • Planning & Zoning Board October 12, 2011 Page 3 Staff confirmed that the amendment only involves the Light Industrial Zone. Board members asked for the rationale as to allowing outdoor storage as a principal use but not as an accessory use. Board members considered an accessory use to be less of an impact. Staff explained that a principal use is easier to enforce as an interim use. Board members referred to a set of pictures that were distributed by the applicant just prior to the start of the meeting. Community Development Director Grochala pointed out that the pictures appeared to be photos of existing uses along Lake Drive of which many are legal non - conforming uses that were in effect prior to the city's change in ordinance. He noted that the pictures represent specifically what the city is avoiding to create in the • industrial parks. Chair Tralle declared the Public Hearing open at Mr. Bill Griffith, Applicant's Attorney, and Mark Dietz, Applicant and President of Lakes Building Components and Owner of Jen. Iar, stated that the photos of existing outdoor storage sites were also distributed to cif ,,.., members at a recent work session. Mr. Griffith explained that the tenant is a company that manufactures trusses for home construction. He said that due to economic times, outdoor storage is needed for a transitional period of approximately five years at which time the tenant could either add on to the building or move to an alternate location. Mr. Griffith noted that the storage area is screened from the hway and from neighboring residential. He explained that the trusses are currently being stacked from a loading operation and then moved off site. He said the applicant is seeking approval from the fire marshal to move the raw materials indoors, but outside storage is necessary for the completed trusses. Mr. Griffith remarked that this request "ould allow this industrial business to flourish within regulations. He noted that the use meets noise standards. The applicant would like to know if the city woul for this use prior to submitting additional plans for an Interim Use Permit request. Staff explained the existing regulations for this type of use. Staff noted that there are properties located within the LI District that would allow for outdoor storage, but this site is unique due to its location abutting both a highway and a residential zone. Mr. Griffith noted that the noise produced is from trusses on the conveyer. He added that two types of forklifts are currently used to load the trusses, one electric and one LP outdoor forklift. The applicant added that they have been conducting this business for the past six months. The applicant stated that typically one semi -truck per week picks up the materials, however larger orders go out in one to three days. The applicant acknowledged that the intent is to have wood trusses stored outside every day. DRAFT MINUTES Planning & Zoning Board October 12, 2011 Page 4 Chair Tralle would like the city to help keep a viable business going. He does not consider aesthetics to be a factor. His opinion was that if neighbors were concerned, they would have attended the public hearing. Other board members commented that the city should protect residential zones from industrial business and that the city's regulations should be followed. Mr. Nelson made a MOTION to Close the Public Hearing at 7:50 p.m. Motion was supported by Mr. Hyden. Motion carried 5 - 0. Mr. Nelson made a MOTION to recommend approval of Amending Section 8 of the Zoning Ordinance to include Accessory Open and Outdoor Storage as an Interim Use in the Light Industrial District. Motion was supported by Mr. Root. Motion f. yea; Laden, Hyden, Evenson voting nay. VII. DISCUSSION ITEMS . Root, Nelson, Tralle voting A. Added Item: Recognition of Jeff Smyser Chair Tralle stated that he wanted to sincerely thank foiliier City Planner Jeff Smyser for his help with the Planning and Zoning Board and for all of his work with the city. Fellow board members shared the recognition. B. Added ItemP Election of Vice Chair. Mr. Ne son nominated Mr. Hyden as Vice Chair. Mr. Evenson seconded the motion. Mr. Hyden accepted the position as Vice Chair. VIII. ADJOURNMENT Mr. Hyden made a MOTION to adjourn the meeting at 7:55 p.m. Motion was supported by M Nelson. Motion carried 5 - 0. Respectfully submitted, Dawn Bugge Community Development Assistant DRAFT MINUTES • • • • • • PLANNING AND ZONING BOARD AGENDA ITEM 5A STAFF ORIGINATOR: Paul Bengtson MEETING DATE: December 14, 2011 TOPIC: Public Hearing: Zoning Ordinance Amendment to add brewpubs, breweries and taprooms as uses allowed in certain zoning districts. VOTE REQUIRED: 4/6 INTRODUCTION In 2011 Minnesota state law was changed to provide new opportunities for smaller scale breweries to sell product on -site. The "Surly Bill ", as it became known, creates a new class of state license which allow breweries to sell pints of beer on -site. Shortly after the passage of that bill, the City Council discussed the economic development opportunities of this new bill and directed staff to initiate the zoning ordinance and city code amendments necessary to provide for these types of uses. The city code amendments will be reviewed by the City Council in conjunction with this zoning ordinance amendment. BACKGROUND Zoning Ordinance - Breweries The Light and General Industrial (LI & GI) zoning districts currently allow `Bottling Establishments to include beverages such as soft drinks, milk etc., but not including hazardous or toxic materials' as a permitted use. Staffs interpretation of this language is that the term `beverage' would include beer, wine, and spirits. However, the question of brewing /distilling/vinification, or for simplification — production, enters into the equation. Much like any other production process, the production of alcoholic beverages is appropriate in the LI & GI zoning districts. Any concerns over noise or odor would be handled by the city code's nuisance language. Staff's recommendation would therefore be to include the production of alcoholic beverages in a revised definition for this use. Staffs proposed use is as follows: Beverage production and bottling The proposed definition for the term would be as follows: Beverage production and bottling. A facility for the production and bottling of beverages including but not limited to soft drinks, milk, beer, wine, spirits, etc., but not including hazardous or toxic materials. An additional consideration related to these facilities, is the recently adopted state law that allows breweries to have taprooms, restaurants, and banquet facilities as accessory uses. The city code does not currently allow this type of license, but the City Council will be considering such a change along with this zoning ordinance amendment. As not all of the beverage production/bottling establishments would be eligible for such a use, staff is proposing that the following use be added to the accessory use section of the LI & GI zoning districts: Brewers taproom accessory to the principal use of a beverage production and bottling establishment The proposed definition of the term `Brewers taproom' would be as follows: Brewers taproom. On -sale of malt liquor produced by the brewer for consumption on the premises of the brewery per State Statute Section 340A.301. A brewer's taproom may also include a restaurant and associated on -sale liquor sales. Zoning Ordinance — Brew Pubs Within the commercial zoning districts, only the Limited and General Business (LB & GB) districts allow both restaurants and liquor sales — on sale. As Brewpubs operate as both uses, staff is proposing that only within those zoning districts should a Brewpub be allowed. Staff is recommending adding the following use within the permitted uses of the LB & GB zoning districts: Brew Pubs The proposed definition of the term `Brew Pubs' would be as follows: Brew Pub. A restaurant that conducts the retail sale of malt liquor which is brewed on the premise in compliance with state and federal laws. Areas used exclusively for brewing operations shall not exceed 25 percent of the total floor area. 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. • • • As the proposed amendment merely clarifies the uses currently listed in the ordinance (liquor sales — on sale, restaurant, and bottling establishment), and the proposed uses will only be allowed in zoning districts that will be consistent with the surrounding uses, the proposed amendment will be consistent with the Comprehensive Plan. 2. The proposed use is or will be compatible with present and future land uses of the area. The proposed uses are merely clarifications of existing uses allowed in the ordinance (liquor sales — on sale, restaurant, and bottling establishment), and the proposed uses will only be allowed in zoning districts that will maintain compatibility with present and future land uses. 3. The proposed use conforms with all performance standards contained herein. The performance standards of the zoning ordinance for each district and for each type of use will be enforced as each use is proposed to occupy a site in the future. All performance standards will need to be met. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The addition of brewpubs in districts that currently allow both liquor sales — on sale and restaurants will not affect the city's service capacities because of the brewing limitation included in the definition. Breweries will only be allowed within industrial areas, so the existing public services should be capable of handling a production facility regardless of what the product might be. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. These uses would have similar or identical transportation needs to that of other businesses or factories located in the surrounding area, therefore traffic generation should be within the capabilities of the surrounding street systems. RECOMMENDATIONS On December 1, 2011 the Economic Development Advisory Committee met and discussed the proposed ordinance amendment, ultimately recommending approval of the ordinance changes. Staff recommends approval of the proposed amendment. ATTACHMENTS 411 None • • • PLANNING AND ZONING BOARD AGENDA ITEM 6A STAFF ORIGINATOR: Paul Bengtson MEETING DATE: December 14, 2011 TOPIC: Business Licensing — Certificates of Occupancy — Non - Conforming Uses VOTE REQUIRED: None — Discussion Only INTRODUCTION On December 5, 2011 the City Council discussed a request to license massage therapists. The State does not currently do so, but the Department of Health has provider conduct standards that include disciplinary action for non - compliance with those standards. Funds for enforcement of those standards are very limited though. In order to control provider conduct and provide health and sanitation standards, some cities have entered into the traditional State domain of health -care licensure by enacting ordinance that require massage therapy licensing. This allows law enforcement officers to identify legitimate providers. The City Council asked that the Planning and Zoning Board be consulted on the issue of massage therapy licenses and licensing of all businesses that operate within the city. Staff would like to expand that conversation to include not only business licensing, but the process of certificates of occupancy and the benefits that both would have on the enforcement of the zoning ordinance and building code. BACKGROUND Business Licensing The city currently issues business licenses to only selected businesses, and could easily expand that list to include massage therapists. The benefit to doing so would be regulating a business that is currently operating without sufficient state enforcement, with minimal effect on business owners in the city. Businesses currently licensed by Lino Lakes: • Beer Off -Sale • Beer On -Sale • Club • Liquor On -Sale • Liquor Off -Sale • Wine • Cabaret • Dances • Gambling • Secondhand Goods Dealer • Pawn Shops • Peddler, Solicitor, Transient Merchant However, another option that other cities have developed is requiring a general business license for all businesses that operate in a city. The benefit of doing this would be equal enforcement of licensing requirements on all businesses, tracking of all businesses in the city, and the ability to enforce zoning ordinance and building code requirements on businesses when they obtain a license and legally open instead of when they are already operational. The difficulties would include staff time for processing, the issue of annual review, and overall gaining compliance. Certificate of Occupancy Another mechanism that cities often use to gain compliance with business licensing requirements as well as compliance with the building code and zoning standards is requirement of a certificate of occupancy (C of 0) for each new business that opens. The city currently issues a C of 0 only when new building is completed or a remodel has occurred. Many other cities choose to issue a C of 0 for each and every new occupancy of an existing commercial or industrial structure as well. For those new occupancies that do not include any remodeling, a Non -Work C of 0 would be issued once that occupancy has been reviewed against the building code, zoning ordinance, and licensing requirements. A Non -Work C of 0 would be a zoning permit and would have a very minimal fee attached. Benefits would be improved enforcement of city codes and licensing compliance (if licensing was required), while difficulties would be informing all landlords and property owners of the requirement and then gaining compliance. Non - Conforming Uses and Sites The zoning ordinance allows sites /uses that have been made non - conforming by the adoption of new regulations to remain unless they cease for a one year period. The city has a number of these types of sites and uses in the city and tracking that one year period and enforcing the requirements of the ordinance upon them is difficult. Without any notice to city hall, a business can leave and the clock doesn't start until an inspector happens by the site or a building goes up for sale. Similarly, a new business can move in without any permits or licenses and start operations. The use isn't reviewed until they are already considering an `existing business' and enforcement becomes unfeasible politically. By requiring a program of licensing for all businesses and/or certificate of occupancies for each business, you achieve the greatest level of compliance with life safety requirements and the goals of the comprehensive plan. RECOMMENDATION This item is for discussion, no recommendation has been made. ATTACHMENTS None • • PLANNING AND ZONING BOARD AGENDA ITEM 6B STAFF ORIGINATOR: Paul Bengtson MEETING DATE: December 14, 2011 TOPIC: 2012 P &Z Board Meeting Dates VOTE REQUIRED: None INTRODUCTION The Planning and Zoning Board reviews the meeting dates for the upcoming year during the December regular meeting. BACKGROUND Planning & Zoning Board Meetings take place on the 2nd Wednesday of each month at 6:30 p.m. The following dates are set for P &Z Board Meetings in 2012: • January 11 February 8 March 14 April 11 May 9 June 13 July 11 August 8 September 12 October 10 November 14 December 12 RECOMMENDATION None • ATTACHMENTS None