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