HomeMy WebLinkAbout07/08/2009 P&Z Packet• CITY OF LINO LAKES
PLANNING & ZONING BOARD MEETING
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Wednesday, July 8, 2009
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: December 10, 2008 & April 8, 2009
IV. OPEN MIKE
V. ACTION ITEMS
A. Variance to allow for the creation of lots that do not meet the required minimum
lot area — Paul Bengtson
B. PUBLIC HEARING to consider amending the Zoning Ordinance to allow
churches in the General Business (GB) Zoning District — Jeff Smyser
C. PUBLIC HEARING to consider amending the Zoning Ordinance to clarify
requirements for Home Occupations, and Residential Storage/Parking — Paul
Bengtson
D. PUBLIC HEARING to consider amending the Zoning Ordinance to eliminate the
maximum extension time for Planned Unit Developments (PUD's) — Jeff Smyser
VI. DISCUSSION ITEMS
A. Update on Comprehensive Plan
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 : December 10, 2008
TIME STARTED : 6:30 P.M.
TIME ENDED : 6:59 P.M.
MEMBERS PRESENT : Michael Hyden, Perry Laden, Robert Ne
Michael Root, Paul Tralle (Chair)
MBERS ABSENT : Brian Pogalz (Vice Chair), Rob Rafferty
Paul Bengtson, Jeff Smyser
STAFF: PRESENT
I. CALL TO ORDER AND ROLL CALL:
Chair Tralle called the Lino Lakes Planning and Zoning Board meeting to order at 6:30
p.m. on December 10, 2008.
II. APPROVAL OF AGENDA
The Agenda was approved as presented
III. APPROVAL OF MINUTES:
November 12, 2008
Mr. Laden made a MOTION to table the approval of the November 12, 2008 minutes to
the January meeting. Motion was supported by Mr. Nelson. Motion carried 4 - 0.
IV. OPEN MIKE
Chair Tralle declared Open Mike at 6:33 p.m.
There was no one present to speak.
Mr. Nelson made a MOTION to close Open Mike at 6:34 p.m. Motion was supported by
Mr. Laden. Motion carried 4 - 0.
41/ V. ACTION ITEMS
Planning & Zoning Board
December 10, 2008
Page 2
A. CONTINUED Variance from the Ordinary High Water Level to allow for the •
reconstruction of an accessory structure located at 1801 77th St.
Paul Bengtson, Associate Planner, presented the staff report. Staff recommended denial
of the variance request, due to the findings of fact.
Mr. Bengtson stated that Mr. Marier had provided documentation from the county that
his parcel is five acres in size.
Ron Marier, 1801 77th St., stated that he revised the plan, removed the request for a porch
cover, and was willing to reduce the size of an accessory structure if necessary to obtain
the variance. He noted that the garage is the most important piece to allow for handicap
access to the property.
Mr. Nelson made a MOTION to recommend approval of the Variance from the OHWL
to allow for the reconstruction of an accessory structure located at 1801 77th St. subject to
the following condition:
1. Prior to certificate of occupancy for the addition, the property owner must submit
proof that the accessory buildings on site have been reduced to a maximum of 4,200
square feet in area.
Motion was supported by Mr. Root. Motion carried 4 - 0.
B. PUBLIC HEARING to Amend the Planned Unit Development for Legacy at
Woods Edge to amend the signage standards within Chapter 5 of the Lino Lakes
Town Center Design and Development Guide.
Mr. Bengtson presented the staff report. Staff recommended approval of the amendment
request.
Mr. Hyden arrived at 6:52 p.m.
Mr. Tralle opened the Public Hearing at 6:53 p.m. No one was present to speak.
Mr. Root made a MOTION to close the Public Hearing at 6:54 p.m. Motion was
supported by Mr. Laden. Motion carried 4 -0.
Mr. Laden made a MOTION to approve the amendment to the Town Center Design and
Development Guide to allow user tenants to have three wall signs. Motion was supported
by Mr. Nelson. Motion carried 4 -0.
C. Final Plat for Marketplace 3rd Addition for a commercial subdivision lot line
adjustment.
Mr. Bengtson presented the staff report. Staff noted that the city attorney approved of the
plat as presented. Staff recommended approval of the Final Plat.
DRAFT MINUTES
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Planning & Zoning Board
December 10, 2008
Page 3
Mr. Nelson made a MOTION to approve the Final Plat for Marketplace 3rd Addition.
Motion was supported by Mr. Root. Motion carried 4 -0.
VI. DISCUSSION ITEMS
A. Comp Plan Update
Mr. Smyser stated that the City Council approved the distribution of the Comprehensive
Plan Update for review by neighboring communities, counties and school districts. He
added that the council will continue discussion of the plan during this review period.
VII. ADJOURNMENT
Mr. Nelson made a MOTION to adjourn the meeting at 6:59 p.m. Motion was supported
by Mr. Tralle. Motion carried 4 -0.
Respectfully submitted,
Dawn Bugge
Community Development Assistant
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DRAFT MINUTES
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CITY OF LINO LAKES
PLANNING & ZONING BOARD MINUTES
ATE,
STARTED'
ENDI
April $, 20 09
6 :30 P.M.
10 :02 P.M.
E
Robert Nelson, Brian Pog
Root, Paul Tralle (Chair)
None
Paul Bengtson, Jeff Smyse
ichael Grocha.
I. CALL TO ORDER AND ROLL CALL:
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II.
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Chair Tralle called the Lino Lakes Planning and Zoning
p.m. on April 8, 2009.
Jim Studenski
meeting to order at 6:30
. Nelson made: MOTION to improve the February 11, 2009 Minutes as presented.
on was supported.<by Mr Pogalz. Motion carried 5 - 0. (Tralle and Laden
Mr. Nelson made a MOTION to approve the March 11, 2009 Minutes as presented.
Motion was supported by Mr. Laden. Motion carried 4 - 0. (Hyden and Brady
abstained.)
IV. OPEN MIKE
Chair Tralle declared Open Mike at 6:34 p.m.
There was no one present for Open Mike.
DRAFT MINUTES
Planning & Zoning Board
April 8, 2009
Page 2
Mr. Pogalz made a MOTION to close Open Mike at 6:35 p.m. Motion was supported by
Mr. Laden. Motion carried 6 - 0.
Mr. Tralle stated his appreciation for everyone who helped with the fire relief that took
place the previous day in the northern part of the city.
V. ACTION ITEMS
A. PUBLIC HEARING for recommendation of the City of Lino Lakes 2030
Comprehensive Plan
City Planner Jeff Smyser presented the staff report. He nc t that the city held three
open houses and this was the second public hearing totieeive public input on the
Comprehensive Plan.
Ciara Schlichting, Bonestroo, provided an updated status of the plan.
Ms. Schlichting explained that the city council recommended revisions to the draft
plan. These revisions included a five year phasing plan to monitor growth, lowering
density ranges, and revising the staging plan to remove some areas not anticipated for
growth prior to 2030. The council also suggested adding apolicy regarding affordable
housing.
The city received thirteen comment letters fro i ad went jurisdictions. Most comments
were housekeeping items. Most recently, the City of Columbus requested sanitary sewer
services from Lino Lakes Tong Lake Drive, which Lino Lakes and Met Council do not
planning on prsding.
City staff recommended adding language for flexibility of land use boundaries as well as
language regarding snowmobile trail
Smyser rev
;,';,iR„ report.
sted changes received by residents, as described in the
Chair Tralle opened the Public Hearing at 7:09 p.m.
Teresa Weinauf, 797 Main Street, said she has been a resident for over 30 years and
currently owns three properties in the city. Ms. Weinkauf purchased the property in 2007
and was told by the city that the property was zoned commercial. She said at that time,
staff realized a discrepancy between the zoning and the comp plan land use designation.
She pointed out that the surrounding properties are also zoned commercial. She stated
that the driveway is actually a separate parcel of land that she owns that provides service
to the neighboring properties to the north. She said the drive is thirty feet wide and
would allow plenty of room for parking. She was originally told by staff that the
property was zoned commercial by mistake.
Mike Withum, 211 Woodridge Lane, spoke on behalf of the neighbors of Woodridge
Lane. They want to make sure that future development is compatible with the existing
DRAFT MINUTES
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Planning & Zoning Board
April 8, 2009
Page 3
neighborhoods in the area. They are concerned about the proposed mixed use area west
of Hodgson Road, specifically the lack of buffer area shown between residential and
commercial development. They would like the city to consider rezoning the mixed use
area to neighborhood business. They questioned why the housing projections are so high
in this area. They wondered why a larger number of employees was proposed for the
commercial area west of Hodgson versus the projection east of Hodgson. They asked
that the city remember that this proposed gateway area includes a number of existing
residential areas.
Jeff Joyer, 8174 Lake Drive, Waldoch Farm, commented on Ms. ;Weinkauf's property,
stating that he was an agent involved in that land transaction and that Ms. Weinkauf
relied on the fact that the property was zoned commercial at the time of purchase. He
added that he does not consider her gravel driveway to serve much as a buffer. He
appreciated staff's recommendation to include his property in theaging area. He
m
commented on his 39 acre parcel of land imediacy north of the smaller parcel. He
stated that the draft comp plan guides his 39 awe property as urban reserve, with no
available sewer until 2030. He stated for the cord that he will return someday to a P &Z
Meeting regarding development of this property as he is accepting of accommodations by
staff that there is room in the future for development, He commended staff for their work
throughout this process.
Mr. Smyser responded to resident concerns. He explained that the 2002 Comprehensive
Plan guided the Weinkauf property as residential, however property is zoned
commercial. Staff is not sure why discrepancies s as t s ��exist but they need to be
y P exist, Y
corrected. According to MN State Statute, the comprehensive plan is the guiding
document for a city and changes should be made so that parcels conform. The
Comprehensive lan Advisory Panel determined that this property should be residential.
The propert y to east wile zoned mixed use, which may include residential areas in
addition to comm usaff does consider the driveway to be a physical buffer.
Staffs continued rec i* endation is the property be zoned residential. Staff does
not feel that Sze of � % operry is compatible with a commercial use.
d member comments included or that the greater good of the neighborhood should be
considered rather than an individual good, and that a driveway that would potentially run
between two commercial areas may not be compatible with a residential access.
Ms. Weinkauf explained that her husband currently runs a part time computer repair
business, but it is possible that someday she may want to relocate her existing tax service
business to this !location.
Staff's suggestion was to review the current home occupations ordinance to consider
expanding the allowances in order to accommodate the type of business the Weinkaufs
are considering. Staff did not feel it necessary to guide the property for commercial in
order to allow for the requested home occupation.
Ms. Brady made a MOTION to recommend that the property at 797 Main Street be
guided as Low Density Residential as proposed in the Draft 2030 Comprehensive Plan.
Motion was supported by Mr. Laden.
DRAFT MINUTES
Planning & Zoning Board
April 8, 2009
Page 4
The Board suggested that staff review and revise the current regulations for home
occupations.
Motion carried 4 - 2. (Hyden and Root voting nay.)
Staff stated that they intend to accommodate Ms. Weinkauf's intentions for her property.
Mr. Smyser addressed the concerns of the residents from Woodridge Lane. He explained
that as part of the 49/J Master Plan the city had to estimate a need for sewer capacity in
that area. The area west of Hodgson Road is suitable for senior housing, which means
higher density. Mixed use area housing units are based on estimates of what could
happen there. Mr. Smyser explained that staff proposes to add text in the Comp Plan to
explain that proposed road designations are not definitive Staffwill have to refer to the
49/J Master Plan in order to verify the estimated numbers on the east and west sides of
Hodgson Road.
Mr. Smyser commented on Mr. Joyer's proper Staff anted to make it clear that
although the city can make some accommodations mature development, the city
cannot change building codes, such as sprinkler requ�ments. While staff can amend
zoning requirements, they cannot amend building code requirements. The city attempts
to avoid commercial services in unsewered areas. Staff will ) eed to determine what type
of expansion may be allowed in the future prior to utility service availability. Staff did
not say that they will be able to accommodate all requests prior to utilities being
available.
Mr. Hyden m a MOT . ! to recommend that Mr. Joyer's 18 -acre property (PIN 04-
31- 22- 34 -00* the adjoining 2 -acre parcel to the east (PIN 04- 31 -22 -34 -0002) be
included in the S A development area in Draft 2030 Comprehensive Plan.
ti ;
Motion was supported by Mr. Nelson. Motion carried 6 - 0.
Laden made a MOTION recommend that the property at 1370 Birch St. be guided
nUrban Reserve as proposed t e Draft 2030 Comprehensive Plan. Motion was
suprted by Mr. Hyden. Motion carried 6 - 0.
Mr. Nelson made a MOTION to recommend that the property at 2104 64th Street be
guided as Urban Reserve as proposed in the Draft 2030 Comprehensive Plan, and to add
text in the Planning District 3 section of the Plan discussing this area and the potential for
amendment if a multi- property development plan is created. Motion was supported by
Mr. Pogalz. Motion carried 6 - 0.
Mr. Smyser stated that staff received two letters from Tere O'Connell of 1000 Main
Street, requesting that her property be included in the stage 1 growth area and that the
adjacent property not be guided medium density. Staff informed the board of a number
of issues with Ms. O'Connell's property, including sewer service capacity and elevation
in that area. Staff recommended that both parcels remain as proposed.
DRAFT MINUTES
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Planning & Zoning Board
April 8, 2009
Page 5
Tere O'Connell, 1000 Main Street, stated concern that Mr. Joyer's property would
develop into a large development. She said she is the only homeowner in that area and
did not want a development near her like the development on 79th Street. She said if
there was an option to hook up to sewer she would have liked to. She was concerned that
everything around her would become medium density. She said she would not mind a
limited number of lots on Mr. Joyer's property, and that she would prefer to see five
homes per acre throughout the city.
Mr. Smyser responded that due to site and design flexibility, that area is proposed for
medium density.
Ms. Schlichting added that the properties adjacent to Ms. O'Connell's property include
environmental protection areas, as designated by the ' WD which would make large
development difficult.
Ms. O'Connell stated that she just wanted to express her desire to keep tom area as it is.
Board Members commented that the city is required to select areas for medium and high
density where they are most suitable, that they are al ys sensitive to neighbors, and that
they provide buffers where they can.
Mr. Nelson made a MOTION to recommend that no changes he made per Ms.
O'Connell's requests to the properties at 1000 Main Street and Mr. Joyer's adjacent
property. Motion was supported by Mr. Lad • n carried 6 — 0.
Mr. Pogalz made a MOTION to recommend approv., of the 2030 Comprehensive Plan,
including the actions taken by the Planning & Zoning Board, as well as staffs revisions,
comments from .acent jurisdictions, and cityouncil recommendations as listed in the
staff report. Mr. strted. Motion carried 6 - 0.
Mr.. Laden h
ported by
a MOTION to close the Public Hearing at 9:15 p.m. Motion was
galz. Motion carried 6 - 0.
Tralle called a ten minute break at 9:15 p.m.
The me
VI. DISCUSSIO MS
A. Seasonal/Interim Commercial Activities
at 9:26 p.m.
Associate Planner Paul Bengtson presented the staff report.
Mr. Bengtson explained that the city was approached by the owner's agent of the former
Schwan's site on the southeast corner of Lake Drive and 77th Street with a request to
temporarily use the property for a landscape /garden sales center. While this use does not
currently fit within city ordinances for this site, the owner's agent requested discussion by
the board to consider if an amendment to the ordinance would be supported to allow the
DRAFT MINUTES
Planning & Zoning Board
April 8, 2009
Page 6
prospective use.
Staff pointed out that no improvements have been made to the site that would meet the
performance standards of the proposed use. State law prohibits a use variance, therefore
staff would need to amend the ordinance to add a new use or an interim use.
Dale Wazniak, property owner, said that he is trying to determine if it is possible to have
an interim use on his property. He feels that city ordinances are too restrictive. He fully
intends to market the property in a retail fashion when the market turns around.
Upon discussion, the board determined that without the necessary improvements, this use
woul not be suitable on the property. The Board requested that staff review the existing
ordinance and definitions regarding interim uses to determine what uses should be
allowed and where. Board members suggested consideration ofs esonal uses such as
farmer's markets in the summer or tree sales in the winter. The Board suggested that
staff consider revising the definition of a greenhouse to allow for the sale of plants grown
both on and off site.
VII. ADJOURNMENT
Ms. Brady made a MOTION to adjourn the meeting at 0 12 p.m. Motion was supported
by Mr. Hyden. Motion carried 6 -
submitted,
Dawn Bugge
Community Develop . - ±t Assistant
DRAFT MINUTES
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AGENDA ITEM V.A.
STAFF ORIGINATOR: Paul Bengtson
MEETING DATE: July 8, 2009
TOPIC: Variance Request
Lot Area, Lot Width, and Road Frontage
requirements
Xcel Energy
BACKGROUND
Xcel Energy has requested approval of variances for required road frontage, minimum lot area,
minimum lot depth, and minimum lot width to allow the division of the subject sites by a future
administrative minor subdivision. The city granted similar variances for St. Paul Regional Water
Service parcels in 2004 and 2006. The intention of the application is to allow the parcels to be
divided in the future (via minor subdivision) and sold to adjacent property owners for
combination into existing parcels.
The existing transmission lines do not follow the property that is owned by Xcel exactly, and
therefore the company is returning the land to the adjacent property owners and is receiving an
updated easement in lieu.
ANALYSIS
Comprehensive Plan, Land Use and Zoning: The table below identifies the existing land
use and zoning as well as guided land uses for the area.
Location
Existing Land Use
Guided Land Use
Existing Zoning
Subject
Vacant
Low Density Sewered Residential
R (Rural)
North
Single Family
Low Density Unsewered Residential
R (Rural)
South
Single Family &
Agriculture
Medium Density Sewered Residential
& Low Density Unsewered Residential
R (Rural))
East
Single Family &
Agricultural
Medium Density Sewered Residential
R (Rural)
West
Single Family
Low Density Unsewered Residential
R (Rural)
Lot Requirements:
The minimum requirements within the Rural zoning district include a 10 acre lot minimum and
330 foot wide lots. In addition, the subdivision ordinance requires that `all lots shall have
frontage on an improved public street that provides the required lot width at the minimum front
yard setback'.
The proposed division will not meet any of these requirements, but the new lots will be merged
with existing lots and therefore will only exist on paper and for a short period of time.
Xcel Energy Variance, page 2
FINDINGS
In considering all requests for Variance or appeal and in taking subsequent action, the City shall
make a finding of fact:
a. That the property in question cannot be put to a reasonable use if used under
conditions allowed by the official controls.
These parcels are completely surrounded by adjoining private property; and would
not be able to be developed as usable parcels due to the sizes or lack of road frontage.
b. That the plight of the landowners is due to physical circumstances unique to his
property not created by the landowner.
The physical shape, location and isolated nature of the parcels prevent most private
uses.
c. That the hardship is not due to economic considerations alone if reasonable use for
the property exists under the terms of the ordinance.
Economic considerations are not a major factor in this proposal, the intent is to
minimize the applicant's holdings and center an easement directly over the existing
transmission lines.
d. That granting the variance requested will not confer on the applicant any special
privilege that would be denied by this ordinance to other lands, structures, or
buildings in the same district.
There are very few other situations that can be compared to this one. Land locked
parcels owned and operated almost exclusively for utility purposes would receive the
same consideration.
e. That the proposed actions will be in keeping with the spirit and intent of the
ordinance.
Combining these properties with the adjacent landowner's parcels will in no way
violate the spirit and intent of the zoning ordinance.
RECOMMENDATION
Staff recommends approval of the request subject to the following conditions:
1. The properties must be divided through the minor subdivision process.
2. When ownership of these properties changes hands the new owner(s) are required to
combine them with adjacent parcels to avoid creating a new parcel.
ATTACHMENTS
I. Area map
2. Parcel sketch and legal descriptions
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DataViewOnline Map
Page 1 of 1
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NW CORNER OF NORTH LINE OF SECTION 25
SECTION 25, T.31 N, R.22W
445
1702.67 _,._.._..
1592.7
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225
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SOUTH LINE OF THE NORTH 560 FT OF
THE NW A OF THE NW'/., SECTION 25
WEST LINE OF THE NE Y..OF THE NW /, SECTION
DUELLMAN
604.18
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i— SOUTH LINE OF THE NE 1/4 OF
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1
PROPERTY DESCRIPTIONS
NORTHERN STATES POWER COMPANY PARCEL.
A strip of land Fifty (50) feet in width running over and across the Northeast Quarter of the Northwest Quarter (NE' /,of NWA),
Section Twenty -five (25), Township Thirty -one (31) North, Range Twenty -two (22) West; said strip of land being Twenty -five (25 )
feet in width on each side of a center line which crosses above described tract and is described as follows to wit: Commencing at
a stake on the North line of said Section, One Thousand Five Hundred Ninety -two and Seven - tenths (1591.7) feet East of the Northwest
comer thereof, running thence South Fifty -two degrees and Twenty -seven minutes West (5 52 °27' W) One Thousand Nine Hundred
Eighty -seven and Three- tenths (1987.3) feet to a stake on the West line of said Section, One Thousand Two Hundred and Six (1206) feet
South of the Northwest comer thereof.
DUELLMAN PARCEL
The Westerly 604.18 feet of the Northeast Quarter of the Northwest Quarter of Section 25, Township 31, Range 22, Anoka County, Minnesota,
EXCEPT that part thereof which lies Northwesterly of the Southeasterly line of the Transmission Right of Way as described in Book 54 of Deeds,
Page 118.
And
That part of the Northeast'/. of the Northwest 1/4 of Section 25, Township 31, Range 22, lying Northwesterly of a line parallel with and 25 feet
Northwesterly of the following described line: Beginning at a point on the North line of said Section 1592.7 feet east of the Northwest comer of
said Section; thence South 52 degrees 27 minutes West 1987.3 feet to a point on the West line of said Section 1206 feet South of said Northwest
comer and there terminating.
L EE PARCEL
The West 225 feet of the East 445 feet of the North 560 feet of the Northwest %of the Northwest 1/4 of Section 25, Township 31, Range22
Anoka County, Minnesota, Except that part of owned by Northern States Power Company as located and as described in Document No. 267205.
VANG PARCEL
The East 220 feet of the North 560 feet of the Northwest Quarter of the Northwest Quarter of Section 25, Township 31 Range 22, Anoka County,
Minnesota, except a strip of land 50 feet in width running over and across the West Half of the Northwest Quarter; said strip of land being 25 feet
in width on each side of a center line which crosses above described tract and is described as follows, to wit: Commencing at a stake on the North
line of said Section, 1592.7 feet East of the Northwest comer thereof, running thence South 52 degrees 27 minutes West 1987.3 feet to a stake on
the West line of said Section 1206 feet South of the Northwest comer thereof; said 50 foot strip of land containing 1.87 acres, more or less.
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LINE 0736 PARCEL SKETCH
NW 1/4 SECTION 25, TWP. 31N, RGE. 22W.
CITY OF LINO LAKES. ANOKA COUNTY. MINNESOTA
I 7 xceiErlergy I �A" w0 "11192062 -04
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STAFF ORIGINATOR:
P & Z MEETING DATE:
TOPIC:
BACKGROUND
AGENDA ITEM V. B
Jeff Smyser
July 8, 2009
PUBLIC HEARING: Zoning Ordinance Amendment
Amending General Business and Limited Business Zoning
Districts to Allow Public, Educational, and Religious Uses
The zoning ordinance creates zoning districts to regulate the use of land and structures in the
city. We have three business zoning districts: Neighborhood Business, Limited Business, and
General Business (NB, LB, and GB). Each zoning district lists the types of uses that are
allowed. We have received an application to amend the zoning ordinance to allow churches in
the GB district, which currently is not allowed. This led to the examination of the other business
districts and the requirements included there, as well as other statutes that might be relevant.
This research led to the recognition that under federal law, if similar uses are allowed in a zoning
district, churches must be treated equally.
The application was submitted by a church planning to acquire the vacant site formerly owned
by the VFW. However, it is important to recognize that the submitted application only includes
amending the ordinance. This is what is under consideration. The application does not include
review of a church plan or of the conversion of a building into a church. A future application for
a conditional use permit for a church on the site will be required. Approval of the currently
requested ordinance amendment does not approve or imply approval of any other application that
might be submitted in the future.
ANALYSIS
Similar Uses in Zoning District
A zoning district should allow similar uses that will not create land use conflicts. If a zoning
district allow a use that is similar to a new one, it make sense to include the new one in that
district. The similarities referred to are the general type of activity, as well as factors such as the
traffic generation, parking, need for and impact on the city's utilities systems (water, sanitary
sewer, and stormwater management), and potential impacts on other properties.
In considering churches, it's useful to describe the general activities and impacts that coincide
with churches. Generally, a church is a place of assembly where people congregate for various
purposes. The group can be large or small and might participate in religious worship, weddings,
pancake breakfasts, dinners, and other social activities. Churches generate traffic and need
Public, Educational, Religious in GB and LB
page 2
vehicle parking space. If available, it's best that churches connect to municipal water to
accommodate a fire suppression system for the building as well as water needs for groups of
people. Wastewater treatment also is needed.
Both the LB and GB districts currently allow private lodges and clubs as conditional uses. This
would include a VFW or American Legion. The activities that occur at such lodges and clubs
and the potential impacts on their surroundings are very similar to those of churches. Large or
small groups of people assemble for various purposes— social events, meals, etc. They need
parking, they generate traffic, they need water and wastewater treatment.
The city's responsibility is to protect public health, safety, and welfare by anticipating and
addressing the potential effects on the surroundings and the community as a whole. This is a
legitimate public purpose in regulating land uses with a zoning ordinance. The exact nature or
purpose for which people assemble within a building is not the concern, as long as it's a legal
activity. Differences between the institutions— purposes, beliefs, or activities — aren't relevant.
Religious Land Use and Institutionalized Persons Act of 2000
The "similarity of uses" concept is important in understanding the federal law that prohibits
discrimination against churches. The Religious Land Use and Institutionalized Persons Act of
2000, known by the acronym RLUIPA, requires a city to treat religious uses such as churches the
same as the city treats other similar uses. As discussed above, lodges and clubs are similar to
churches in their activities and potential impacts. In fact, they have been found to be similar uses
under this law in several court cases and therefore a city must regulate them equally.
Zoning Requirements
Standards for All Conditional Use Permits
Section 2, Subd. 2.7. lists standards that apply to all conditional uses. These read:
7. Standards. The Planning and Zoning Board shall recommend a conditional use permit
and the Council shall order the issuance of such permit only if it finds the following
criteria have been met:
a. The proposed development application has been found to be consistent with the
policies and recommendations of the Lino Lakes Comprehensive Plan including:
1) Land Use Plan.
2) Transportation Plan.
3) Utility (Sewer and Water) Plans.
4) Local Water Management Plan.
5) Capital Improvement Plan.
6) Policy Plan.
7) Natural Environment Plan.
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Public, Educational, Religious in GB and LB
page 3
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 when:
1) If the existing level of service (LOS) outside of the proposed subdivision is A or
B, traffic generated by a proposed subdivision will not degrade the level of
service more than one grade.
2) If the existing LOS outside of the proposed subdivision is C, traffic generated by
a proposed subdivision will not degrade the level of service below C.
3) If the existing LOS outside of the proposed subdivision is D, traffic generated by
a proposed subdivision will not degrade the level of service below D.
4) The existing LOS must be D or better for all streets and intersections providing
access to the subdivision. If the existing level of service is E or F, the subdivision
developer must provide, as part of the proposed project, improvements needed to
ensure a level of service D or better.
5) Existing roads and intersections providing access to the subdivision must have the
structural capacity to accommodate projected traffic from the proposed
subdivision or the developer will pay to correct any structural deficiencies.
6) The traffic generated from a proposed subdivision shall not require City street
improvements that are inconsistent with the Lino Lakes Capital Improvement
Plan. However, the City may, at its discretion, consider developer - financed
improvements to correct any street deficiencies.
7) The LOS requirements in paragraphs a. to d. above do not apply to the I-
35W/Lake Drive or I- 35E/Main St. interchanges. At City discretion, interchange
impacts must be evaluated in conjunction with Anoka County and the Minnesota
Dept. of Transportation, and a plan must be prepared to determine improvements
needed to resolve deficiencies. This plan must determine traffic generated by the
subdivision project, how this traffic contributes to the total traffic, and the time
frame of the improvements. The plan also must examine financing options,
including project contribution and cost sharing among other jurisdictions and
other properties, that contribute to traffic at the interchange.
8) The City does not relinquish any rights of local determination.
Public, Educational, Religious in GB and LB
page 4
9) The proposed development shall be served with adequate and safe water supply.
10) The proposed development shall be served with an adequate and safe sanitary
sewer system.
11) The proposed development shall not result in the premature expenditures of City
funds on capital improvements necessary to accommodate the proposed
development.
e. 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 the destruction, loss, or damage of a natural, scenic or historic
feature of major importance.
These standards /conditions will continue to apply to all conditional uses in the city.
Specific Conditions for Specific Uses
In addition to the standard conditions for all conditional uses, most conditional uses have specific
conditions that apply. These are listed with the individual uses in the conditional use section of
each zoning district. Currently, the zoning ordinance allows churches as conditional uses only in
the rural and residential zoning districts. They are included in the category "public, educational,
and religious buildings ". Note that religious uses often include a church, an associated school, a
community gathering facility, and other such uses. These uses are difficult to separate, and they
have similar needs and potential impacts. This is why they are categorized together. The
specific conditions for this category are:
Public, Educational, and Religious Buildings. Public or semi - public recreational buildings
and neighborhood or community centers; limited to nursery, elementary, junior high and
senior high schools; and religious institutions such as churches, chapels, temples, mosque,
and synagogues provided that:
a. Side yards shall not be less than fifty (50) feet.
b. Adequate screening from abutting residential uses and landscaping is provided in
compliance with Section 3, Subd. 4.Q of this Ordinance.
c. Adequate off - street parking and access is provided on the site or on lots directly abutting
directly across a public street or alley to the principal use in compliance with Section 3,
Subd. 5. of this Ordinance and that such parking is adequately screened and landscaped
from surrounding and abutting residential uses in compliance with Section 3, Subd. 4.Q
of this Ordinance.
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Public, Educational, Religious in GB and LB
page 5
The ordinance allows "private lodges and clubs" as conditional uses only in the LB and GB
districts. They have their own specific conditions:
Private lodges and clubs provided that:
a. Adequate screening from abutting and adjoining residential uses and landscaping is
provided.
b. Adequate off - street parking and access is provided and that such parking is adequately
screened and landscaped from adjoining and residential uses.
c. Adequate off - street loading and service entrances are provided and regulated where
applicable by Section 3, Subd. 6. of this Ordinance.
The conditions address similar issues. However, there are differences, and it is necessary to
analyze the differences to ensure that churches are not treated on less than equal terms. The
requirements that apply to all uses in the respective zoning districts must be considered as well.
LB & GB
districts
Private Lodges and
Clubs
Public, Educational,
Religious Buildings
setbacks
-from street
no differences
side yards shall not be
local street
30'
less than 50':
collector /arterial
40'
• this requirement is
parking lot from street
15'
unequal if on a corner
-rear yard
no differences
no differences
principal building
30'
accessory building
10'
parking lot
10'
-side yard
no differences
side yards shall not be
principal building
10'
less than 50':
accessory building
10'
• this requirement is
parking lot
10'
unequal
-from residential district
35'
no differences
no differences
Public, Educational, Religious in GB and LB
page 6
Off -street loading requirements are found in Section 3, Subd. 6 of the zoning ordinance. They
require off - street loading space for any structure that "requires the receipt or distribution of
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LB & GB
districts
Private Lodges and
Clubs
Public, Educational,
Religious Buildings
off -street parking
Restaurants, Cafes,
Church, Theater,
Private Clubs Serving
Auditorium:
Food and/or Drinks, Bars,
1 space for each 3 seats
based on the design
capacity of the main
assembly hall. Facilities
provided in conjunction
with such buildings or
uses shall be subject to
additional requirements
imposed by Ordinance.
On -Sale Nightclubs:
10 spaces for each 1,000
sf of dining room, plus
1 space for each
employee of max. work
shift
off -street loading
Regulated in Section 3,
Subd. 6, which applies
everywhere.
"Adequate off-street
loading and service
entrances are provided
and regulated where
applicable by Section 3,
Subd. 6."
no specific requirements
height
LB 36'
GB 45'
Cupolas,
belfries, and
church spires
allowed to 60'
by Sec. 3,
Subd. 4.c.
no differences
no differences
building type and
construction
In Section 3, the general provisions, Subd. 4.B.4.
Industrial, and Institutional. All buildings erected
says: "Commercial,
on land within
zoning districts, and
and religious
shall conform with"
this section of the
newly constructed
building standards of
should be
/religious uses
commercial, industrial and public and semi - public
all institutional buildings (such as public, education,
buildings) in residential and rural zoning districts
the same architectural standards described in
ordinance.
However, the LB and GB districts say: "All
commercial buildings shall meet the exterior
Section 3, Subd. 4.B.4 of this Ordinance."
• Though Section 3 applies, the word "commercial"
deleted to avoid confusion if public /educational
(institutional) are added.
Off -street loading requirements are found in Section 3, Subd. 6 of the zoning ordinance. They
require off - street loading space for any structure that "requires the receipt or distribution of
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Public, Educational, Religious in GB and LB
page 7
materials or merchandise by trucks or similar vehicles ". This general statement could include
anything and everything. However, the actual loading space that is required is not specified
other than it must be off - street, must have vehicular access, must be screened and landscaped
from abutting and surrounding residential uses, must be 50 feet from an intersection of streets
and must be 50 feet from a residential zoning district. These apply equally to all uses, though it
doesn't hurt to cite them in the specific conditions as well.
Sec. 3, Subd. 4.Q.
Required Screening, Landscaping, and Buffer Yards.
Comparing
Private Lodges and Clubs
to
Public, Educational, Religious
Buildings
Screening. Where any business or industrial use (i.e.,
Private Lodges and Clubs:
structure, parking or storage) abuts property zoned for
"Adequate screening from abutting
residential use, that business or industry shall provide
and adjoining residential uses and
screening along the boundary of the residential property.
landscaping is provided."
Screening shall also be provided where a business or
industry is across the street from a residential zone, but
• Should clarify that a lodge or
not on that side of a business or industry considered to be
club must meet requirements for
the front (as determined by the Zoning Administrator).
"business or industrial use ".
All the fencing and screening specifically required by this
(Otherwise, may be unclear if
Ordinance shall be subject to Section 3, Subd. 4.Q. and
Subd. 4.Q. applies and what is
shall consist of either a fence or a green belt planting
strip as provided for below:
"adequate screening".)
a) A green belt planting strip shall consist of vegetation
Public, Educational, Religious :
and plants and shall be of sufficient width and density to
"Adequate screening from abutting
provide an effective visual screen. This planting strip
residential uses and landscaping is
shall be designed to provide eighty (80) percent opacity
provided in compliance with Section
to a minimum height of six (6) feet at time of planting.
3, Subd. 4.Q of this Ordinance."
Earth mounding or berms may be used but shall not be
used to achieve more than three (3) feet of the required
• Should clarify that must meet
screen. In such cases when planting strips are used in
requirements for "business or
conjunction with berms designed to support plant growth,
plant height may be reduced accordingly such that an
industrial use ".
(Otherwise, may be unclear if it
eighty (80) percent visual screen of not less than six (6)
feet in height is maintained. The planting plan and type
includes institutional uses,
making "compliance with
of plantings shall require the approval of the City
Section 3, Subd. 4. Q "
Council.
ambiguous)
Public, Educational, Religious in GB and LB
page 8
Recommended Amendments to Zoning Ordinance
Based on the above analysis, the zoning ordinance should be amended to accomplish the
following:
• Add Public, Educational, and Religious Buildings as conditional uses to the LB and GB
zoning districts.
• Setbacks must be consistent within the same zoning district for both categories: "Public,
Educational, and Religious Buildings" and "Private Lodges and Clubs ". The normal
setbacks from residential districts in the LB and GB zoning districts should apply.
• Delete the term "commercial" from building requirements paragraphs in LB and GB.
• Clarify that a lodge or club and public /educational/religious building must meet screening
requirements for "business or industrial use" listed in Sec. 3, Subd. 4.Q
• Clear up ambiguity for parking screening: to avoid confusion, use consistent language
for lodge or club and public/ educational /religious.
The amendments listed below include text to be added, shown as underlined, and text to be
deleted, shown as str .
1) Add Public, Educational, and Religious Buildings as conditional uses to the LB and GB
zoning districts by adding the following text:
Section 7
Subd. 2 LB, Limited Business, and
Subd. 3 GB, General Business
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LB and GB
districts
Private Lodges and
Clubs
Public, Educational,
Religious Buildings
screening of parking
see Section 3,
Subd. 4.Q
"Adequate off - street
parking and access is
provided and that such
parking is adequately
screened and landscaped
from adjoining and
residential uses."
• Should use consistent language
confusion.
"...parking is
adequately screened
and landscaped from
surrounding and
abutting residential
uses in compliance
with Section 3, Subd.
4.Q of this Ordinance."
to avoid
Recommended Amendments to Zoning Ordinance
Based on the above analysis, the zoning ordinance should be amended to accomplish the
following:
• Add Public, Educational, and Religious Buildings as conditional uses to the LB and GB
zoning districts.
• Setbacks must be consistent within the same zoning district for both categories: "Public,
Educational, and Religious Buildings" and "Private Lodges and Clubs ". The normal
setbacks from residential districts in the LB and GB zoning districts should apply.
• Delete the term "commercial" from building requirements paragraphs in LB and GB.
• Clarify that a lodge or club and public /educational/religious building must meet screening
requirements for "business or industrial use" listed in Sec. 3, Subd. 4.Q
• Clear up ambiguity for parking screening: to avoid confusion, use consistent language
for lodge or club and public/ educational /religious.
The amendments listed below include text to be added, shown as underlined, and text to be
deleted, shown as str .
1) Add Public, Educational, and Religious Buildings as conditional uses to the LB and GB
zoning districts by adding the following text:
Section 7
Subd. 2 LB, Limited Business, and
Subd. 3 GB, General Business
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Public, Educational, Religious in GB and LB
page 9
H. Conditional Uses
Public, Educational, and Religious Buildings. Public or semi - public recreational buildings
and neighborhood or community centers; limited to nursery, elementary, junior high and
senior high schools; and religious institutions such as churches, chapels, temples, mosque,
and synagogues provided that:
a. Screening from residential uses and landscaping is provided in compliance with
requirements for business or industrial uses in Section 3, Subd. 4.Q of this Ordinance.
b. Adequate off - street parking and access is provided on the site or on lots directly abutting
directly across a public street or alley to the principal use in compliance with Section 3,
Subd. 5. of this Ordinance
c. Parking is screened and landscaped in compliance with requirements for business or
industrial uses in Section 3, Subd. 4.Q of this Ordinance.
d. Adequate off - street loading and service entrances are provided and regulated where
applicable by Section 3, Subd. 6. of this Ordinance.
2) Amend the conditions specific to Private Lodges and Clubs to ensure consistency with
Public, Educational, and Religious Buildings:
Section 7
Subd. 2 LB, Limited Business, and
Subd. 3 GB, General Business
E. Building Requirements. All newly constructed commercial buildings shall meet the
exterior building standards of Section 3, Subd. 4.B.4 of this Ordinance
H. Conditional Uses
Private Lodges and Clubs
b. Adequate off street parking and access is provided and that such parking is adequately
a. Screening from residential uses and landscaping is provided in compliance with
requirements for business or industrial uses in Section 3, Subd. 4.0 of this Ordinance.
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Public, Educational, Religious in GB and LB
page 10
b. Adequate off - street parking and access is provided on the site or on lots directly abutting
directly across a public street or alley to the principal use in compliance with Section 3,
Subd. 5. of this Ordinance
c. Parking is screened and landscaped in compliance with requirements for business or
industrial uses in Section 3, Subd. 4.Q of this Ordinance.
ed. Adequate off - street loading and service entrances are provided and regulated where
applicable by Section 3, Subd. 6. of this Ordinance.
Findings
1. The Lino Lakes Zoning Ordinance allows public, educational, and religious buildings as
conditional uses in the Rural and Residential zoning districts.
2. The Lino Lakes Zoning Ordinance allows private lodges and clubs as conditional uses in the
Limited Business and General Business zoning districts.
3. The Religious Land Use and Institutionalized Persons Act of 2000 requires a city to treat
religious uses such as churches the same as the city treats other similar uses. Lodges and
clubs are similar to public, educational, and religious uses in their activities and potential
impacts.
4. Section 2, Subdivision l of the Zoning Ordinance requires consideration of possible adverse
effects of a proposed zoning amendment and that the judgment of a proposed amendment to
the Zoning Ordinance shall be based upon, but not limited to, the following factors:
1. The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official City Comprehensive
Plan.
2. The proposed use is or will be compatible with present and future land uses of the area.
The Policy Plan chapter of the 2002 Comprehensive Plan lists the following policies
that are relevant to the inclusion of institutional uses in business zones. Such policies
support consistent requirements for similar uses in business zones.
3. Require commercial development in Lino Lakes to meet architectural performance
standards which assure the creation of attractive, functional and durable structures.
Different standards may be established for different areas.
8. Develop commercial and service centers as cohesive, highly interrelated units with
adequate off- street parking.
9. Ensure that service and commercial uses are adequately and appropriately
landscaped according to community requirements as may be amended.
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Public, Educational, Religious in GB and LB
page 11
10. Ensure that all service and commercial uses are adequately screened or buffered
from any adjacent residential development.
17. In evaluating commercial sites, factors will be the physical implication of the
commercial land use related to traffic generation, sewer and water demands,
environmental issues and compatibility with neighboring land uses.
In addition, the Land Use Plan chapter of the 2002 Comprehensive Plan lists the
following strategies to be implemented to promote quality commercial areas. These
strategies further support consistent requirements for similar uses in business zones.
1. The City will utilize its zoning regulations to define the range of commercial land use
that may be appropriate for each proposed commercial location. Through its
commercial site planning, the City will require new commercial development to be
compatibly designed with surrounding land uses through the use of transitional land
uses, proper setbacks, building orientation, screening and landscaping.
2. Site access will be controlled to provide safe traffic movement and to reduce the
commercial traffic impacts on residential neighborhoods.
3. The City will promote commercial site designs that emphasize pedestrian
accessibility, shared parking, and green space in an effort to create a customer
friendly environment and promote a high level of business interchange among local
businesses when feasible.
4. Architectural and site standards will be developed and applied to City commercial
development in an effort to establish aesthetic pleasing, high quality commercial
buildings and streetscapes where they apply.
5. Commercial development will be required to be responsive to the environmental
concerns of the City with regard to site planning, landscaping, impervious surfacing,
and storm water management.
3. The proposed use conforms with all performance standards contained herein.
Section 2, Subd. 1 includes criteria that must be met by all conditional uses. These
will continue to apply equally to all conditional uses as will all other requirements in
official controls that apply equally to all uses. Each zoning district includes specific
conditional uses with conditions specific to the uses. With the amendments described
herein, the standards in the zoning ordinance will address similar uses equally.
4. The proposed use can be accommodated with existing public services and will not
overburden the City's service capacity.
5. Traffic generation by the proposed use is within capabilities of streets serving the
property.
Utility demand and traffic generation will continue to be addressed with new and
existing uses, as required by the subdivision, zoning, and other chapters of the city
code and official controls.
Public, Educational, Religious in GB and LB
page 12
5. Residential and rural districts are not typically planned with the infrastructure and other
elements necessary to support higher intensity uses planned for in business districts. It is
appropriate that some requirements in residential and rural zoning districts may be more
restrictive than in business districts to protect the lower intensity residential and rural uses.
OPTIONS
1. Approve the amendments to the zoning ordinance recommended in this report.
2. Return to staff with direction.
RECOMMENDATION
Option 1
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AGENDA ITEM V.C.
STAFF ORIGINATOR: Paul Bengtson
P & Z MEETING DATE: July 8, 2009
TOPIC: PUBLIC HEARING: Zoning Ordinance Amendment
Amending the Zoning Ordinance requirements for
Home Occupations /Home Extended Businesses,
Residential Parking, and Exterior Storage.
BACKGROUND
As a part of the 2030 Comprehensive Plan Update, staff identified some issues
with the Home Occupation standards and what level of business should be
allowed in residential neighborhoods.
Additionally, the issue of residential parking and storage is intertwined with Home
Occupations. Staff gets a number of calls every month about the rules
associated with the various vehicles a site may have stored /parked.
As a result, staff has begun to consider amending the ordinance. While much
research and discussion has gone on at a staff level, specific text is not yet ready
for review by the Planning and Zoning Board. Instead, staff would like to discuss
some of the issues and determine if the Board has any specific issues they would
like staff to research /consider.
HOME OCCUPATION / HOME EXTENDED BUSINESS ANALYSIS
The City currently allows home businesses in two formats. The first and Tess
intensive is a 'Home Occupation', which is allowed as an accessory use in all
residential and rural zoning districts. The second and more intense is a `Home
Extended Business' which is only allowed in the Rural Business Reserve zoning
district (which is adjacent to 35E only). The current definitions for both are as
follows:
Home Extended Business. A business conducted as part of a residential use
which is beyond the limits and scope of activities for home occupations as defined
by this subdivision.
Home Occupation. Any activity by a resident carried out for business purposes
and which activity is clearly incidental and secondary to the residential use of the
premises, and which activity does not change the residential character thereof.
Staff would propose to eliminate the Home Extended Business, since the R -BR
zoning district is also likely to be eliminated. Instead, a tiered system of Home
Occupations might be the method to adopt. This would allow a level specifically
for urban residential lots and another for lots that are more substantial in size.
Additional considerations could be made for properties that front on Arterial
Roadways. This would help address some of the issues that were identified
during Comprehensive Plan Update discussions.
The first level would include stringent standards that would limit traffic to the site
to one employee and /or customer at a time. This will coincide with the parking
limitations on a standard residential lot.
The second level would include a less restrictive set of standards, allowing
additional employees /customers, Iocational flexibility (in accessory structures),
and an increase in the overall intensity of the use. This would be allowed on lots
over an acre in size, or on lots that front Arterial Roadways.
Staff has also developed a list of general provisions that the Board can review
and comment on. This is attached after the current Home Occupation
Standards.
PARKING ANALYSIS
The City currently has a number of sections in the zoning ordinance that regulate
the exterior storage and parking for residential properties. They are spread
throughout Section 3 and should be combined to allow residents to clearly read
and understand what is expected of them. Staff doesn't have any intention of
changing the regulations, but we feel the need to clarify some and bring them in
line with the policies that are currently being enforced by the Community
Development and Police Departments.
Staffs intention is to arrange the parking standards by size of property on which
the vehicle is parked. A memo is attached that the police department has been
using to enforce parking standards in the city. Staffs intention is to follow this
format to consolidate the requirements (also attached to the memorandum).
Staff has identified two issues it would like to address. The first is that any and
all motor vehicles, recreational vehicles, or trailers should be required to be
parked on an approved surface. Currently, properties over ten acres in size are
not specifically required to park non - motorized vehicles on an approved surface.
This is contrary to the desire of the city to control weed growth under vehicles,
and causes an issue with our nuisance ordinance that considers any weed
growth under a stored item to be a nuisance habitat for wild animals and pests.
Additionally, staff has had some issues with trailers that are not associated with a
recreational vehicle (boat, snowmobile, car, etc...). Many residents own other
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trailers that are used for both personal purposes and for business purposes. The
issue is when does a trailer become a potential detriment to the neighborhood,
and how do we evenly enforce rules across the city in regards to trailers. Should
the city limit trailers stored in the front yard to those with a recreational vehicle on
them, or those that are completely enclosed?
EXTERIOR STORAGE ANALYSIS
The current exterior storage standards may also need to be modified based on
the trailer storage issue. Along with that determination, staff would also like to
ask the Board to review the list of exceptions and to consider if any other items
should be included. One staff recommendation would be to add a reference to
the refuse and recyclable materials section of the ordinance, since garbage cans
are allowed to be stored outside of the building with certain requirements.
PROCESS
As this amendment to the zoning ordinance originates with staff, there is no
applicant. However, an amendment to the ordinance requires a public hearing to
allow for public comment. A notice of the public hearing was published in the
official newspaper as required. Following a recommendation by the P & Z Board,
staff will present the proposed amendment to the City Council. An ordinance
requires two readings (and votes) by the City Council. Upon adoption, it then is
published in the newspaper and becomes effective after thirty days have passed.
RECOMMENDATION
Staff is seeking input from the Planning and Zoning Board at this time, with the
intention of this item being continued to the next meeting.
ATTACHMENTS
1. Current Home Occupation /Home Extended Business Standards.
2. Draft Home Occupation Standards.
3. Residential Parking Memorandum (includes current standards)
4. Current Exterior Storage Standards
Attachment 1
CURRENT HOME OCCUPATION STANDARDS
Subd. 8. Home Occupations.
A. Purpose. The purpose of this section is to prevent competition with
business districts and to provide a means through the establishment of
specific standards and procedures by which home occupations can be
conducted in residential neighborhoods without jeopardizing the health,
safety and general welfare of the surrounding neighborhood.
B. Application. Subject to the non - conforming use provision of this section,
all occupations conducted in the home shall comply with the provisions of
this section.
C. Violations. After two (2) founded nuisances, or code violation
complaints have been made and verified with written notices to the home
occupation, a public hearing may be called to reconsider the home
occupation within sixty (60) days of the last complaint.
D. Requirement - General Provisions. All home occupations shall comply
with the following general provisions and according to definition, the
applicable requirement provisions.
1. General Provisions.
a. No home occupation shall produce light, glare, noise, odor,
electrical interference, or vibration that will in any way have
an objectionable effect upon adjacent or nearby property.
b. Any home occupation shall be clearly incidental and
secondary to the residential use of the premises, should not
change the residential character thereof, shall comply with
all provisions of the City Nuisance Ordinance and shall result
in no incompatibility or disturbance to the surrounding
residential uses.
c. No home occupation shall require internal or external
alterations or involve construction features not customarily
found in residential dwellings except where required to
comply with local and state fire and police recommendations.
d. The home occupation shall be carried out by a member of
the family regularly residing in the dwelling unit with not more
than one (1) employee who is not part of the family.
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e. There shall be no exterior storage of equipment or materials
used in the home occupation, except personal vehicles not
exceeding a gross weight rating of eleven thousand seventy -
five (11,075) pounds used in the home occupation may be
parked on the site, unless an administrative parking permit
per Section 3, Subd. 5.K of this Ordinance is granted.
f. The home occupation shall meet all applicable fire and
building codes.
g.
Exterior display of signs except as such are permitted by the
sign regulations for the district shall not be permitted.
h. When applicable, all state licensing requirements are
satisfactorily met.
2. Requirements - Residential Districts.
a. Permitted home occupations shall not be conducted in any
accessory structures on the premises, including attached
garages, and shall be confined to the private dwelling unit.
b. Permitted occupations shall not include any of the following:
1) The operation of any wholesale or retail business
unless it is conducted entirely by mail or delivery and
does not include the sale, shipment, or delivery of
merchandise to the premises.
2) More than one chair barber shop or more than one
chair beauty salons or dancing or music schools with
organized classes of more than one pupil at a time.
3) Any activity or function which by its nature and /or
effect causes a disturbance to the neighborhood,
such as noise, parking, traffic, etc.
4) Home occupations which create a need for more than
three (3) parking spaces at any given time in addition
to the parking spaces required by the occupants shall
not be permitted.
5) In no case shall the permitted home occupation cause
to create the need for an additional driveway access
to the property.
6) All off - street parking generated by the home
occupation shall be confined to the driveway.
3. Requirements - Rural Districts.
a. Accessory Buildings.
1) Home occupations carried on in the R, R -X, and R -BR
Districts and on Tots which are one (1) acre in size or
larger may be allowed to operate within the principal
structure or permitted accessory structure.
2) All accessory buildings utilized for home occupation
purposes shall comply with applicable provisions of
Section 3, Subd. 4.D. of this Ordinance.
b. Permitted agricultural /farm related uses in the R and R -1X
Districts (and when found to be in conformance with all other
provisions of this Ordinance) need not meet the provisions of
this subdivision.
c. The applicant shall demonstrate, in a manner found
acceptable to the City Engineer, that such use is within the
capabilities of the property's sewage treatment system.
4. Inspection. The City of Lino Lakes hereby reserves the right, upon
approval of any home occupation, to inspect the premises in which
the occupation is being conducted to insure compliance with the
provisions of this section or any conditions additionally imposed.
5. Penalty. Violation of the home occupation zoning performance
standards shall be subject to the enforcement and penalty
provisions of Section 2, Subd. 9 of this Ordinance.
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Subd. 9. Home Extended Businesses.
A. Prohibition. Following the enactment of this Ordinance, except in the R-
BR Zoning District, no new home extended businesses shall be created or
established and no existing home extended business shall be expanded
or enlarged.
B. Permitted Home Extended Businesses.
1. Interim Use Permit. Home extended business may be allowed
within the R -BR, Rural Business Reserve Zoning District upon
approval of an interim use permit, as regulated by Section 2, Subd.
3. of this Ordinance.
2. Qualifying Property.
a. Site must meet R -BR District lot size and setback
performance standards.
b. There is only one (1) residential dwelling located on the
homestead and no other neighboring residence is located
within five hundred (500) feet of the buildings in which the
home extended business is conducted.
3. Minimum Conditions.
a. Business must be located on the homestead of the business
operator.
b. Up to two (2) employees other than the immediate family
occupying the residence on the homestead may be
employed as a part of the home extended business.
c. There is no outside storage or sales of supplies, equipment,
or maintenance items associated with the home extended
business.
d. All activities associated with the home extended business
are operated within buildings which have been approved for
such use as part of the interim use permit.
e. The home extended business shall be conducted only in
buildings existing or constructed as part of traditional farming
activities prior to November 1, 1993.
f. Any buildings uses as part of the home extended business
shall be brought into full compliance with all State Building
Code provisions which are applicable for the proposed use.
g.
All effluent consisting of any liquid, gaseous, or solid waste
substance resulting from any process of manufacturing (i.e.,
sewage or industrial waste) shall not be discharged into the
soil, water, or air unless it is at a location determined
appropriate by the City.
h. A contract shall be required between a refuse hauler and the
owner for disposal of all waste including, but not limited to,
garbage, decayed wood, saw dust, shavings, bark, lime,
sand, ashes, oil, tar, chemicals, offal, and all other
substances not sewage or industrial waste which may
pollute or tend to pollute the waters of the State. The
contract shall be provided to the City prior to issuance of the
interim use permit and shall state the destination of the
waste and shall be renewed annually on or before January
1st of each year. The City shall be provided with
documentation of the contract recorded.
i. Working hours shall be set by the City.
J.
The use is in full compliance with all applicable performance
standards as specified by this Ordinance.
k. There shall be no public display of retail sales items related
to the home extended business occurring on the site.
I. There shall be no exterior display or exterior signs or interior
display or interior signs which are visible from outside the
dwelling with the exception of directional and
identification/business signs to the extent authorized by the
provisions of the City's Sign Ordinance.
m. The provisions of Section 2, Subd. 2. of this Ordinance are
considered and determined to be satisfied.
4. Additional Limitations and /or Restrictions.
a. So as to maintain compatibility and protect the health, safety
and general welfare of the public, the City Council may
impose additional limitations or requirements as it deems
necessary.
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b. The City Council may impose the posting of a security in
order to insure compliance with any condition imposed.
5. Reconsideration of Permit. After two (2) founded nuisances, or
code or permit violation complaints have been made and verified
with written notices to the holder of the interim use permit, a public
hearing may be called to reconsider the interim use permit within
sixty (60) days of the date of the last complaint.
6. Seasonal Sales. The limited seasonal sale of products grown
solely on the site by the residents of the homestead shall be
exempt from the provisions of this subdivision.
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Attachment 2
DRAFT HOME OCCUPATION STANDARDS
Subd. 8. Home Occupation Permits.
A. Purpose. The purpose of this section is to prevent competition with
business districts and to provide a means through the establishment of
specific standards and procedures by which home occupations can be
conducted as an accessory use to a residential dwelling unit without
jeopardizing the health, safety and general welfare of the surrounding
neighborhood.
B. Application. Subject to the non - conforming use provision of this section,
all occupations conducted in the home shall comply with the provisions of
this section.
C. Procedure.
1. Application for a Home Occupation permit shall be filed by the property
owner or designated agent with the Zoning Administrator on forms to
be provided by the City.
2. Application for a Home Occupation permit shall be accompanied by a
non - refundable fee as established by City Council ordinance.
3. The Zoning Administrator shall review the application and shall
determine whether the proposal is in compliance with all applicable
evaluation criteria, codes, ordinances, and applicable performance
standards set forth in the Ordinance. The Zoning Administrator shall
notify the applicant, in writing, of any incomplete application within ten
(10) days of the date of submission.
D. Violations. After two (2) founded nuisances, or code violation complaints
have been made and verified with written notices to the home occupation,
a public hearing may be called to reconsider the home occupation within
sixty (60) days of the last complaint.
C. Expiration. Upon issuance, a Home Occupation permit shall continue to
be valid unless one or all of the following occur:
1. The business does not open within 12 months time.
2. The business ceases operations for 6 months of time.
3. The business owner relocates to another residential address.
4. The type of businesses occurring on the site changes significantly.
5. If the permit is revoked by the City.
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D. Requirements - General Provisions. All home occupations shall comply
with the following general provisions and according to definition, the
applicable requirement provisions.
1. General Provisions.
a. All home occupations must comply with all provisions of the City
Nuisance Ordinance and shall result in no incompatibility or
disturbance to the surrounding residential uses.
b. No home occupation shall require internal or external alterations
or involve construction features not customarily found in
residential dwellings except where required to comply with local
and state fire and police recommendations.
c. In no case shall the permitted home occupation cause to create
the need for an additional driveway access to the property.
d. Personal vehicles not exceeding a gross weight rating of eleven
thousand seventy -five (11,075) pounds used in the home
occupation may be parked on the site.
e. Any vehicle with a gross weight rating in excess of eleven
thousand seventy -five (11,075) pounds is subject to Section 3,
Subdivision. 5.K of this Ordinance.
f. The home occupation shall meet all applicable fire and building
codes.
g. All signage for the business must comply with the city sign code.
h. When applicable, all state licensing requirements are
satisfactorily met.
i. Permitted agricultural /farm related uses in the R and R -X
Districts (and when found to be in conformance with all other
provisions of this Ordinance) need not meet the provisions of
this subdivision.
j. The limited seasonal sale of products grown solely on the site
by the residents of the homestead shall be exempt from the
provisions of this subdivision.
k. The applicant shall demonstrate, in a manner found acceptable
to the City Engineer that such use is within the capabilities of
the property's sewage treatment system or the city's utility
system.
I. There shall be no outdoor storage or use of any toxic chemicals
or hazardous materials of any type or in any amount not
normally found in a residential structure.
m. Hours of operation shall be limited to lam to 7pm.
n. No motor vehicle repair, paint or body work; commercial
preparation of food for service on the premise; business related
to or involving explosives, ammunition or weapons; or
ambulance or related emergency services shall be permitted as
a Home Occupation.
E. Requirements — Home Occupation Permit A. All residential dwelling
units are eligible for a Home Occupation Permit A, and must comply with
the following provisions specific to the Home Occupation Permit A.
1. Requirements.
a. Permitted home occupation shall be confined to the private
dwelling unit, and shall not be conducted in any accessory
structure on the premise, including an attached garage. Except
horticultural activities.
b. A limit of one customers and /or employee who does not reside
at the dwelling may be permitted on the property at one time.
c. Areas accessible to customers or employees shall comply with
all applicable life safety codes.
d. Vehicle trips for the property, including those generated by the
business, shall not exceed 10 in any twenty four hour period.
e. If the home occupation will require a delivery service, such as
UPS, no more than six delivery/pickup trips per week shall be
permitted.
f. The home occupation may not occupy more than 10% of the
structure.
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g.
No exterior evidence of the presence of the home occupation on
the premises.
h. All off - street parking generated by the home occupation shall be
confined to the driveway.
i. The number of on -site parking spaces shall not be reduced to
less than two.
F. Requirements — Home Occupation Permit B. All properties over 1 acre
in size; zoned Rural, Rural Business Reserve, or Rural Executive; and all
properties fronting on an arterial roadway are eligible for a Home Occupation
Permit B, and must comply with the following provisions specific to the Home
Occupation Permit B.
1. Requirements.
a. Permitted home occupation may be conducted in an accessory
structure provided that it can comply with life safety
requirements.
b. A limit of two customers and /or employees who do not reside at
the dwelling may be permitted on the property at one time.
c. Areas accessible to customers or employees shall comply with
all applicable life safety codes.
d.
e. Vehicle trips for the property, including those generated by the
business, shall not exceed 20 in any twenty four hour period.
f.
g.
If the home occupation will require a delivery service, such as
UPS, no more than six delivery/pickup trips per week shall be
permitted.
The home occupation may not occupy more than 10% of the
dwelling.
h. No exterior evidence of the presence of the home occupation on
the premises.
i. All off - street parking generated by the home occupation shall be
provided on a hard surface adjacent to the driveway.
J.
The number of on -site parking spaces shall not be reduced to
less than two.
H. Additional Limitations and /or Restrictions.
1. So as to maintain compatibility and protect the health, safety
and general welfare of the public, the City may impose
additional limitations or requirements as it deems necessary.
2. The City Council may impose the posting of a security in
order to insure compliance with any condition imposed.
I. Inspection. The City of Lino Lakes hereby reserves the right, upon
approval of any home occupation permit, to inspect the premises in which
the occupation is being conducted to insure compliance with the
provisions of this section or any conditions additionally imposed.
I. Penalty. Violation of the home occupation zoning performance standards
shall be subject to the enforcement and penalty provisions of Section 2,
Subd. 9 of this Ordinance.
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Attachment 3
Memorandum
To: Police Department, Community Development Dept.
Cc: Magic Book
From: Paul F. Bengtson, Associate Planner
Date: October 16, 2006
Re: Motor Vehicle and Recreational Vehicle /Trailer Parking
In an attempt to clarify the enforcement of the Recreational and Utility Vehicle and
Trailer storage and the off - street parking of licensed passenger automobiles and pick -up
trucks for residential or rural properties that are currently developed with a dwelling, the
following interpretations have been made by the Community Development Department.
(These rules do not include Commercial Vehicles or Junk Vehicles)
For the purposes of this interpretation, the following definitions apply:
Recreational Vehicle. A vehicle designed and used for recreational purposes and
enjoyment including, but not limited to, snowmobiles, motorized all terrain vehicles,
boats, boat trailers, race cars, travel trailers, truck campers, camping trailers, and self -
propelled motor homes.
Recreational and Utility Vehicle and Trailer Storage. The storage of all Recreational
Vehicles (as defined by Section 1.Subdivision 2.B) and any trailers used for the transport
of said Recreational Vehicles or otherwise.
Off- street parking of licensed passenger automobiles and pick up trucks. The
storage of all passenger vehicles that are appropriately licensed and registered.
For simplification purposes, the regulations are divided by lot size into three categories:
Less Than One Acre; One Acre to Ten Acres; and Greater Than Ten Acres.
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Less Than One Acre:
Motor vehicles are allowed to be parked within the front yard on the designated driveway
or a single open, appropriately surfaced space on the side of a driveway only [3.5.E.7].
Motor vehicles are also allowed to be stored within an enclosed building [3.4.P.1.a]; or
the side and rear yards of the lot as long as the vehicle is completely screened from view
[3.4.P.1.a], is not within the required setback areas [3.5.E.6], and is parked on an
appropriate surface. Appropriate surfaces shall include asphalt, concrete, cobblestone, or
paving brick surfaces [3.5.C.8.j]. Any driveways leading to these parking spaces must be
a minimum of five feet from the side and rear property lines as well [3.5.C.8.f.3].
Recreational Vehicles /Trailers are allowed to be stored within the front yard on the
designated driveway or an appropriately surfaced space on the side of a driveway
provided all other criteria are met [3.4.P.1.b]. All parking must be done on asphalt,
concrete, cobblestone, or paving brick surfaces [3.5.C.8.j]. Recreational
Vehicles /Trailers are also allowed to be stored in the side and rear yard as long as they
are a minimum of five feet away from side and rear lot lines [3.4.P.1.b]. Any driveways
leading to these parking spaces must be a minimum of five feet from the side and rear
property lines as well [3.5.C.8.f.3]. If stored in the rear or side yard, no surfacing
requirements exist.
One Acre to Ten Acres:
Motor vehicles are allowed to be parked within the front yard on the designated driveway
or an open, appropriately surfaced parking area only [3.4.P.1.a]. Motor vehicles are also
allowed to be stored within an enclosed building [3.4.P.1.a]; or the side and rear yards of
the lot as long as the vehicle is completely screened from view [3.4.P.1.a], is not within
the required setback areas [3.5.E.6], and is parked on an appropriate surface. Appropriate
surfaces shall include asphalt, concrete, cobblestone, paving brick, class 5 gravel, pea
rock, crushed rock or agricultural lime in a manner approved by the City Engineer
[3.5.C.8.j]. Any driveways leading to these parking spaces must be a minimum of five
feet from the side and rear property lines as well [3.5.C.8.f.3].
Recreational Vehicles /Trailers are allowed to be stored within the front yard on the
designated driveway or an appropriately surfaced space on the side of a driveway
provided other criteria are met [3.4.P.1.b]. Appropriate surfaces shall include asphalt,
concrete, cobblestone, paving brick, class 5 gravel, pea rock, crushed rock or agricultural
lime in a manner approved by the City Engineer [3.5.C.8.j]. Recreational
Vehicles /Trailers are also allowed to be stored in the side and rear yard as long as they
are a minimum of five feet away from side and rear lot lines [3.4.P.1.b]. Any driveways
leading to these parking spaces must be a minimum of five feet from the side and rear
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property lines as well [3.5.C.8.f.3]. If stored in the rear or side yard, no surfacing
requirements exist.
Greater Than Ten Acres:
Motor vehicles are allowed to be parked anywhere on the lot that is not within a required
setback area [3.5.E.6], and must be on an appropriate surface. Appropriate surfaces shall
include asphalt, concrete, cobblestone, paving brick, class 5 gravel, pea rock, crushed
rock or agricultural lime in a manner approved by the City Engineer [3.5.C.8.j]. Any
driveways leading to these parking spaces must be a minimum of five feet from the side
and rear property lines as well [3.5.C.8.f.3].
Recreational Vehicles /Trailers are allowed to be stored within the front yard on the
designated driveway or an appropriately surfaced space on the side of a driveway
provided other criteria are met [3.4.P.1.b]. Appropriate surfaces shall include asphalt,
concrete, cobblestone, paving brick, class 5 gravel, pea rock, crushed rock or agricultural
lime in a manner approved by the City Engineer [3.5.C.8.j]. Recreational
Vehicles /Trailers are also allowed to be stored in the side and rear yard as long as they
are a minimum of five feet away from side and rear lot lines [3.4.P.1.b]. Any driveways
leading to these parking spaces must be a minimum of five feet from the side and rear
property lines as well [3.5.C.8.f.3]. If stored in the rear or side yard, no surfacing
requirements exist.
Applicable Sections of the Zoning Ordinance:
Section 3.Subdivision 4.P.1.a [3.4.P.1.a]
Rural and Residential Zoning Districts.
a. Exceptions. All personal property in a rural or residential zoning district and/or
on properties ten (10) acres in size or less shall be stored within a building or fully
screened so as not to be visible from adjoining properties and public streets,
except for the following:
1) Laundry drying.
2) Non - vehicular recreational equipment.
3) Home heating fuel tanks.
4) Stacked firewood.
5) Construction and landscaping materials or equipment currently (within a
period of twelve (12) months) being used on the premises.
6) Agricultural equipment and materials, if these are used or intended for use
on the premises.
7) Off - street parking of licensed passenger automobiles and pick up trucks in
designated driveway or parking area, surfaced in compliance with Section
3, Subd. 5.C.8.i of this Ordinance.
8) Licensed motor vehicles per Sec. 3 Subd. 5.K.
Section 3.Subdivision 4.P.1.b [3.4.P.1.b]
Recreational and Utility Vehicle and Trailer Storage. Recreational vehicles, as defined
by Section 3, Subd. 2 of this Ordinance may be parked or stored on a residential site
provided that:
1) The vehicles are registered to or rented by a resident of the
dwelling on such site, provided that:
a) The vehicles have affixed thereto current registration or
license plates as required by law.
b) The vehicles are stored no closer than five (5) feet from side and
rear lot lines.
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c) The vehicles located within front yard areas are confined to
designated driveways or parking areas surfaced in
compliance with Section 5, Subd. C.8.j. of this Ordinance.
2) All front yard storage comply with the following setbacks from street curb
and pavement lines:
Street Classification Minimum setback from
curb /pavement line
Major Arterial 30 feet
Minor Arterial 30 feet
Collector 20 feet
Local 15 feet
3) No vehicle shall be parked in a manner that blocks a city or county park or
trail.
4) The vehicles are not connected to any water or sewage disposal system on
the residential property where the same is so parked or stored.
Section 3.Subdvision 5.C.8.f.3 [3.5.C.8.f.31
Except with special approval from the City Engineer, curb cut openings and driveways
shall be a minimum of five (5) feet from the side yard property line in all districts. Any
shared driveway shall include a maintenance and access agreement.
Section 3.Subdvision 5.C.8.j [3.5.C.8.j]
Surfacing. All access driveways, approaches, sales lots, and parking areas shall be
surfaced with asphalt or concrete in a manner approved by the City Engineer. On parcels
less than one (1) acre in size within the rural and residential districts, asphalt, concrete,
cobblestone, or paving brick surfaces are required. The City may allow up to twenty -five
(25) percent of the required parking stalls be provided as green parking with a turf
surface supported by a City approved parking lot sub -base and a turf guard fabric.
Exceptions are access drives, driveways, approaches, sales lots, and parking areas in the
rural and residential districts of the City that serve farm and residential, principal and
accessory uses on parcels of one (1) or more acres. These may be surfaced with:
1) Class 5 gravel.
2) Pea rock.
3) Crushed rock.
4) Agricultural lime in a manner approved by the City Engineer.
Section 3.Subdivision 5.E.6. 13.5.E.61
Off - street parking shall meet the setback standard of the respective zoning district.
Section 3.Subdivision 5.E.7. 13.5.E.71
In the case of single family dwellings which lie upon lots smaller than one (1) acre, two
family, townhouse and quadraminium dwellings, parking shall be prohibited in any
portion of the front yard except designated driveways leading directly into a garage or
one (1) open, surfaced space located on the side of a driveway, away from the principal
use. Said extra space shall be surfaced in a manner consistent with Section 3, Subd.
5.C.8 .j of this Ordinance.
Section 3.Subdivision 5.K [3.5.K]
Motor Vehicle Parking in Residential and Rural Zoning Districts.
1. No commercial motor vehicle exceeding a gross weight rating of eleven
thousand seventy -five (11,075) pounds shall be parked or stored, indoors
or outdoors, in a residential zoning district or on a lot of less than two and
one -half (2 1/2) acres in a rural zoning district, except when loading,
unloading, or rendering a service unless an administrative permit that
complies with the following requirements is obtained from the
Community Development Department.
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a. The vehicle shall not be parked or stored for more than seventy -
two (72) hours within a seven (7) day period excluding legal
holidays.
b. The vehicle shall be parked or stored behind the front of the
dwelling.
c. No more than one permit shall be granted per residence.
d. Neither the truck engine nor any other motorized component shall
be left running while the vehicle is parked or stored.
e. There shall be a minimum of one hundred fifty (150) feet from the
vehicle to the nearest lot line.
f. The vehicle and trailer shall remain connected.
g-
All parking permits shall be reviewed and renewed on 1 July of
each year at a fee established by the City Council.
h. If at any time the conditions or requirements of permit approval are
violated, the permit may be revoked.
2. On lots 2 1/2 acres to 10 acres in rural zoning districts, no more than two
(2) commercial motor vehicle exceeding a gross weight rating of eleven
thousand seventy -five (11,075) pounds shall be parked or stored, indoors
or outdoors. Vehicles parked or stored shall meet the following
requirements:
a. Neither the truck engine nor any other motorized component shall
be left running while the vehicle is parked or stored.
b. There shall be a minimum of one hundred fifty (150) feet from the
vehicle to the nearest lot line.
c. The vehicle and trailer shall remain connected.
Attachment 4
CURRENT EXTERIOR STORAGE STANDARDS
P. Exterior Storage.
1. Rural and Residential Zoning Districts.
a. Exceptions. All personal property in a rural or residential
zoning district and /or on properties ten (10) acres in size or
less shall be stored within a building or fully screened so as
not to be visible from adjoining properties and public streets,
except for the following:
1) Laundry drying.
2) Non - vehicular recreational equipment.
3) Home heating fuel tanks.
4) Stacked firewood.
5) Construction and landscaping materials or equipment
currently (within a period of twelve (12) months) being
used on the premises.
6) Agricultural equipment and materials, if these are
used or intended for use on the premises.
7) Off - street parking of licensed passenger automobiles
and pick up trucks in designated driveway or parking
area, surfaced in compliance with Section 3, Subd.
5.C.8.i of this Ordinance.
8) Licensed motor vehicles per Sec. 3 Subd. 5.K.
b. Recreational and Utility Vehicle and Trailer Storage.
Recreational vehicles, as defined by Section 1, Subd. 2 of
this Ordinance may be parked or stored on a residential site
provided that:
1) The vehicles are registered to or rented by a resident
of the dwelling on such site, provided that:
a) The vehicles have affixed thereto current
registration or license plates as required by
law.
b) The vehicles are stored no closer than five (5)
feet from side and rear lot lines.
c) The vehicles located within front yard areas are
confined to designated driveways or parking
areas surfaced in compliance with Section 3,
Subd. 5.C.8.j. of this Ordinance.
2) All front yard storage comply with the following
setbacks from street curb and pavement lines:
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Street Classification Minimum setback from
curb /pavement line
Major Arterial 30 feet
Minor Arterial 30 feet
Collector 20 feet
Local 15 feet
3) No vehicle shall be parked in a manner that blocks a
city or county park or trail.
4) The vehicles are not connected to any water or
sewage disposal system on the residential property
where the same is so parked or stored.
2. Commercial, Industrial and Public /Semi - Public Zoning Districts.
a. Exterior Storage. Exterior storage shall be governed by the
respective zoning district in which such use is located.
b. Screening. All exterior storage shall be screened so as not
to be visible from adjoining properties and public streets
except for the following:
1) Merchandise being displayed for sale in accordance
with zoning district requirements.
2) Materials and equipment currently being used for
construction on the premises.
c. Within an industrial zoning district, the exterior storage of
semi - trailers accessory to the principal use may be allowed
by conditional use permit according to Section 8, Subd. 1
and Subd. 2. Semi - trailers connected to semi - tractors
queuing for loading or unloading shall be considered truck
parking and be exempt from the outdoor storage conditional
use permit.
3. All Zoning Districts.
a. Excepting temporary construction trailers and facilities operated
by public service agencies (Le., bookmobile, bloodmobiles, etc.)
as allowed by the City Council, no recreational vehicle may be
used for office, business, industrial manufacturing, testing, or
storage of items in conjunction with a business, commercial or
industrial enterprise.
b. The City Council may order the owner of any property to cease
or modify open storage uses including existing uses, provided it
is found that such use constitutes a threat to the public health,
safety, convenience, or general welfare.
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AGENDA ITEM V. D
STAFF ORIGINATOR: Jeff Smyser
P & Z MEETING DATE: July 8, 2009
TOPIC: PUBLIC HEARING: Zoning Ordinance Amendment
Amending Planned Unit Development Section to Remove
Six -Month Limit on Extensions for Submitting Final
Development Plan
BACKGROUND
A Planned Unit Development (PUD) is a means of designing development as an integrated,
coordinated unit as opposed to a parcel by parcel, piecemeal, approach. The zoning ordinance
includes requirements for a PUD in Section 2, Subdivision 10. The "development stage plan"
includes a preliminary plat. The final plat and other more defined elements of a PUD are
included in the "final plan ". The ordinance currently requires submittal of the final plan within
one year of approval of the development stage plan. Beyond this, the ordinance limits an
extension of time to six months. The proposed ordinance amendment would eliminate this six -
month limit on the extension beyond the initial one year period.
ANALYSIS
Section 2, Subd. 10.F.8.g. includes the time frame requirements for submittal of the final plan.
This paragraph is shown below, with the subject limitation shown in boldface:
Limitation on Development Plan Approval. Unless a Final Plan covering the area
designated in the Development Stage Plan as the first stage of the PUD has been filed
within one (1) year from the date the City Council grants Development Stage Plan
approval, or in any case where the applicant fails to file Final Plans and to proceed with
development in accordance with the provisions of this Ordinance and/or an approved
Development Stage Plan, the approval shall expire. The City Council may at its
discretion, extend for not more than six months, the filing deadline for any Final
Plan when, for good cause shown, such extension is necessary. In any case where
Development Plan approval expires, the City Council may adopt a resolution repealing
the Development Stage Plan approval for that portion of the PUD that has not received
Final Plan approval and re- establishing the zoning and other Code provisions that would
otherwise be applicable.
The intent of this limit on the extension is to ensure that the project does not languish too long
after approval of the development stage plan with its preliminary plat. However, the current
economic situation has halted the progress on many development projects because the market is
Extension for PUD
page 2
not operating well. Three PUDs received approval of their development stage plans, and already
were granted the six -month extension beyond the one year for submitting the final plans. The
six -month limit on extensions would require the City to act to repeal the preliminary approvals.
The removal of this six -month limit allows these projects to remain viable.
Two of the PUD projects that have received preliminary approval include the preservation of
important ecological areas and with permanent easements and conservation management plans
for the easement areas. These projects are important to the City. They are steps in the
implementation of the "Parks, Natural Open Space, Greenways and Trail System Plan ", which
has evolved into the "Resource Management System Plan" described in chapter two of the new
comprehensive plan.
The third project is a commercial PUD near the 35E interchange. This area is an important part
of the city for providing retail services to the community and the corresponding property tax
revenue.
Projects that have received preliminary plat approval under the subdivision chapter of the city
code but that are not PUDs are not restricted to a six -month extension. The subdivision chapter
requires the final plat to be submitted within one year of preliminary plat approval, "unless an
extension is requested in writing, and for good cause, is granted by the City Council."
( §1001.055 (2)) There is no time limit on the extension that the Council can approve.
Recommended Amendment to Zoning Ordinance
The proposed zoning ordinance amendment is to delete the six -month limit. The amended
paragraph would read as follows, with the deleted portion shown in °trilEe out text:
Limitation on Development Plan Approval. Unless a Final Plan covering the area
designated in the Development Stage Plan as the first stage of the PUD has been filed
within one (1) year from the date the City Council grants Development Stage Plan
approval, or in any case where the applicant fails to file Final Plans and to proceed with
development in accordance with the provisions of this Ordinance and/or an approved
Development Stage Plan, the approval shall expire. The City Council may at its
discretion, extend for not more than six months, the filing deadline for any Final Plan
when, for good cause shown, such extension is necessary. In any case where
Development Plan approval expires, the City Council may adopt a resolution repealing
the Development Stage Plan approval for that portion of the PUD that has not received
Final Plan approval and re- establishing the zoning and other Code provisions that would
otherwise be applicable.
Findings
1) As required by Section 2, Subd. 1 for any amendment of the zoning ordinance, 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:
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Extension for PUD
page 3
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.
This amendment does not involve a rezoning of a property, but the removal of a time
extension restriction. The restriction applies only to planned unit developments.
Other platting projects, with timelines governed locally by the subdivision and
platting chapter of the city code, do not have such a restriction.
2. The proposed use is or will be compatible with present and future land uses of the area.
This removal of a time extension restriction will have no effect on the compatibility
of any project with its surrounding uses.
3. The proposed use conforms with all performance standards contained herein.
This removal of a time extension restriction is an amendment of a performance
standard. No compliance with other standards will be affected.
4. The proposed use can be accommodated with existing public services and will not
overburden the City's service capacity.
5. Traffic generation by the proposed use is within capabilities of streets serving the
property.
This removal of a time extension restriction will have no effect on a project's need for
or effects on City services or utilities or transportation infrastructure.
2) The six -month restriction limits City Council discretion and has the potential to prevent the
initiation or completion of a project deemed to have public value by the Council and the
community.
OPTIONS
1. Approve the ordinance amendment removing the six -month limit for extensions of the period
allowed for submitting a PUD final plan.
2. Return to staff with direction.
RECOMMENDATIONS
Option 1