Loading...
HomeMy WebLinkAbout08/12/2009 P&Z Packet• CITY OF LINO LAKES PLANNING & ZONING BOARD MEETING • Wednesday, August 12, 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: July 8, 2009 IV. OPEN MIKE V. ACTION I "l'EMS A. CONTINUED PUBLIC HEARING to consider amending the Zoning Ordinance to clarify requirements for Home Occupations/Home Extended Businesses, Residential Parking, and Exterior Storage — Paul Bengtson VI. DISCUSSION ITEMS A. None 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 E STAFF RES fk. Jul 6 :31 _P.1 8 :21P.I Beth Brady, Micha€l Hyden, Per y Lade_, Robert Nelson, Brian Po; mice Chair) Michael Root, Paul Tralle (Chair) None I" nut Bengtson, Je lys I. CALL TO ORDER AND ROLL CALL: Chair Tralle called the Lino Lakes Planning and Zoning Board meeting to order at 6:31 p.m. on July 8, 2009. II. APROVAL OF AGENDA ii% The Agenda was appro presented. III. APPROVAL OF 11 UTES. Dec 2008 rove the December 10, 2008 Minutes as presented. y Mr. %'den. Motion carried 4— 0. (Pogalz and Brady abstained) A .ri1...1 Mr. Nelson mF {- a MOTION to approve the April 8, 2009 Minutes as presented. Motion was supported by Mr. Hyden. Motion carried 6 - 0. IV. OPEN MIKE Chair Tralle declared Open Mike at 6:33 p.m. There was no one present for Open Mike. Mr. Pogalz made a MOTION to close Open Mike at 6:34 p.m. Motion was supported by Ms. Brady. Motion carried 6- 0. DRAFT MINUTES Planning & Zoning Board July 8, 2009 Page 2 • V. ACTION ITEMS A. Variance to allow for the creation of lots that do not meet the required minimum lot area Associate Planner Paul Bengtson presented the staff report. Brian Mielke from Xcel Energy was present to discuss the application. Mr. Pogalz made a MOTION to recommend approval of a. variance to the lot area, lot width and road frontage requirements as requested by =1 E , subject to the following conditions of approval: 1. The properties must be divided through the minor subdivision pr 2. When ownership of these properties changes hands the new owner(s) are required to combine them with adjacent parcels to avoid treating anew parcel. Motion was supported by Mr. Ryden. Motion carries' 6 - 0. B. PUBLIC HEARING to cons der iiiicuding the Zoning Ordinance to allow churches in the General Business (GB )Z ning District %" City Planner Jeff Snit presented the report 4 Chair Tralle opened the Public Hearing at� 10 No one was present Mn `'' aden made a MOTION to close the Public Hearing at 7:12 p.m. Motion was supported by Ms. Brady. Motes carried 6 -0. po cussion by t Board, Mr. Nelson made a MOTION to recommend approval of ii amender the Zoning Ordinance to allow churches in the Limited Business (LB) and General ess (GB) Zoning Districts as described in the staff report, and amending the liquor code s ed in the staff report. Motion was supported by Ms. Brady. Motion carried6 -0. C. PUBLIC HEARING to consider amending the Zoning Ordinance to clarify requirements for Home Occupations, and Residential Storage/Parking Associate Planner Paul Bengtson presented the staff report. Chair Tralle opened the Public Hearing at 7:55 p.m. There was no one present to speak. DRAFT MINUTES • • • Planning & Zoning Board July 8, 2009 Page 3 Board members discussed the proposed amendments with staff and made suggestions for staff to consider prior to the next meeting. Mr. Nelson made a MOTION to table the consideration for Amending the Zoning Ordinance to clarify requirements for Home Occupations, and Residential Storage/Parking. Motion was supported by Mr. Root. Motion carried 6 -0. D. PUBLIC HEARING to consider amending the Zoning Ordinance to eliminate the maximum extension time for Planned Unit Developtents (PUD's) City Planner Jeff Smyser presented the staff report. Chair Tralle opened the Public Hearing at 8:12 p. There was no one present to speak. Mr. Pogalz made a MOTION to close the e' 'u supported by Mr. Hyden. Motion carried 6 -0. 8:13 p.m. Motion was Mr. Root made a MOTION to recommend approval of .mending the Zoning Ordinance to eliminate the maximum extension time for Planned Unit DeveJopments. Motion was supported by Ms. Brady. Motion cairried'� VI. DISCUSSION ITE A. Update on Comprehensive Plan City Planner Jeff Smyser updated the board n the status of the Draft 2030 Comp ive Plan. � ® Mr. Pogalz made a MOTION to adjourn the meeting at 8:21 p.m. Motion was supported by Mr; Nelson. Motioncarried 6 - 0. Respectfully subrni Dawn Bugge Community Development Assistant DRAFT MINUTES • • AGENDA ITEM V.A. STAFF ORIGINATOR: Paul Bengtson P & Z MEETING DATE: August 12, 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. The Planning and Zoning Board had some very useful discussion about Home Occupations at the July meeting, and as a result staff has done some research and brought forward a revised approach. In addition to hopefully wrapping up the Home Occupation conversation, staff has also created a worksheet to aid discussion of the parking issue. The goal being to conclude discussion at the August meeting and bring actual ordinance language to the September meeting for action. HOME OCCUPATION ANALYSIS Based on the Board's previous comments, staff has created a three tiered system that requires actual Permits only if the business has some visible external effects such as employees or customers. The third tier then allows larger properties, Rural Properties, and those that front onto a major roadway to have additional allowances. Additionally, staff has tried to address some of the Board's concerns raised at the last meeting. The draft language is again attached to this report, and staff would like to receive any additional comments prior to finalizing the language. PARKING ANALYSIS Staff has created a worksheet to try and address all of the issues and arrange them in a user friendly format. Issues or new text are underlined throughout, and much text is direct from the existing ordinance. The major issues to discuss would be screening of rear yard parking, clarifying the definition of a Recreational Vehicle, and identifying any subsequent standards that might be needed for Utility Trailers. EXTERIOR STORAGE ANALYSIS Staff is proposing to remove RV/Trailer storage from this section and place it within the new residential parking section of the ordinance, and to add refuse and recyclable materials to the list as a reference to the appropriate section regarding these items that can be stored outside. Along with those determinations, staff would also like to ask the Board to review the list of exceptions and to consider if any other items should be included. Draft language is attached for review. PROCESS The Public Hearing for this item was properly noticed, opened at the July meeting, and continued to this meeting for further discussion. 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 Based on input by the Board at this meeting, final language for Home Occupations, Parking, and Exterior Storage will be prepared for the September meeting. As such, staff is recommending continuing this item and the public hearing until then. ATTACHMENTS 1. Draft Home Occupation Language 2. Residential Parking Worksheet 3. Draft Exterior Storage Language 4. Examples of Gross Vehicle Weight Ratings (GVWR) • • • • • • Attachment 1 DRAFT HOME OCCUPATION STANDARDS Subd. 8. Home Occupation Permits. A. Purpose. The purpose of this section is to provide a means 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, with the exception of the following: a. 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. b. 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. c. Daycare when licensed by the state and /or county d. Telecommuting or working for another business from your home. e. Any other use listed as a Permitted, Conditional, or Interim use within the corresponding zoning district. C. Procedure. A permit shall be required for any Home Occupation B or C, in accordance with the following procedure: 1. Application for a Home Occupation permit B or C 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 B or C 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 consider additional conditions, limitations, or revocation of the home occupation within sixty (60) days of the last complaint. E. Expiration. Upon issuance, a Home Occupation permit shall continue to be valid unless one or all of the following occur: 1. The business owner relocates to another residential address; permits are not transferable to another person or property. 2. The type of businesses occurring on the site changes significantly. 3. If the permit is revoked by the City per section D above. F 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. 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. b. 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. 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. In no case shall the permitted home occupation cause to create the need for an additional driveway access to the property. e. 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. f. 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. g. The home occupation shall meet all applicable fire and building codes. h. All signage for the business must comply with the city sign code. i. When applicable, all state licensing requirements are satisfactorily met. J. 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. k. There shall be no use or outdoor storage of any toxic chemicals or hazardous materials of any type or in any amount not normally found in a residential structure. I. Hours of operation shall be limited to lam to 7pm. m. 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. n. No retail of anything produced off -site. G. 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. • b. No customers and /or employees who do not reside at the dwelling may be permitted on the property. c. If the home occupation will require a delivery service, such as UPS, no more than six delivery/pickup trips per week shall be permitted. d. The home occupation may not occupy more than 10% of the structure. e. No exterior evidence of the presence of the home occupation on the premises, except any signage allowed by the sign code. f. All off- street parking generated by the home occupation shall be confined to the driveway. g. The number of on -site parking spaces shall not be reduced to less than two. H. Requirements — Home Occupation Permit B. All residential dwelling units 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. Vehicle trips for the property, including those generated by the business, shall not exceed 20 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 dwelling. • • g. No exterior evidence of the presence of the home occupation on the premises, except any signage allowed by the sign code. • h. All off - street parking generated by the home occupation shall be provided on a hard surface adjacent to the driveway. i. The number of on -site parking spaces shall not be reduced to less than two. j. Personal Service Businesses shall be limited to allow the servicing of only one customer at a time. Requirements — Home Occupation Permit C. All properties, developed with a dwelling, that are over 1 acre in size; are zoned Rural, Rural Business Reserve, or Rural Executive; or front 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. The maximum number of employees and customers visiting the site at any one time will be determined by the availability of parking on the site. 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 20 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 dwelling. g. No exterior evidence of the presence of the home occupation on the premises, except any signage allowed by the sign code. • h. All off - street parking generated by the home occupation shall be provided on a hard surface adjacent to the driveway. i. The number of on -site parking spaces shall not be reduced to less than two. j. Personal Service Businesses shall be limited to allow the servicing of only two customers at a time. J. 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 may impose the posting of a security in order to insure compliance with any condition imposed. K. 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. L. 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. • • • • • • Attachment 2 Parking Regulation Worksheet Parking of motor vehicles in residential and rural districts. Section 3.5.K Passenger motor vehicles, including cars, pickup trucks, vans, and motorcycles: Exterior Parking: Front and Corner Yards (Street Setback yards) Appropriate Surface (see note below) Operable & Licensed Designated Driveway or Parking area Setbacks Rear yard and interior side yards Appropriate Surface Operable & Licensed Screening? Setbacks Enclosed Garage: 5 foot side (see note below) (see note below) 5 foot side and rear No restrictions Notes: Screening - Screened on all sides by a densely planted hedge, solid masonry wall or solid fence at least four (4) feet in height and not more than six (6) feet in height. Designated Driveway or Parking Area — The parking of a motor vehicle in the front or corner side yards must occur on the driveway or a designated parking area. For lots less than one acre in size, additional parking is limited to a single stall adjacent to the driveway. Appropriate Surface - Appropriate surfacing is based on the size of the property. Any property under one acre in size must utilize a hard surface such as asphalt, concrete, or paver bricks. Properties that are one acre in size or larger may also utilize crushed rock materials as approved by the City Engineer. Recreational Vehicle and associated trailer (this definition should be clarified to either include all trailers, or to include only trailers specifically designed for transporting a recreational vehicle (i.e. boat trailer). 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: 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. 5) A recreational vehicle shall not be utilized for storage of goods, materials or equipment other than those items considered to be part of the unit or essential for its immediate use. • • • • • Utility Trailers (this will only be necessary if the RV /trailer issue is split as mentioned above) Would likely follow the RV standards above, but design of trailer might be an issue to address. Should an open sided trailer be allowed in front of a home or only in a garage or the side /rear yard? Should storage of any items in an open sided trailer be prohibited? Vehicles over 11,075 GVW 1. No motor vehicle (except those meeting the definition of a Recreational 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 Tess than two and one -half (2 ' /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. 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. 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. d. Should the city require a permit, and review for this level as well? • • • • • Attachment 3 DRAFT 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.j. of this Ordinance. 8) Licensed motor vehicles per Sec. 3 Subd. 5.K. 9) Refuse and Recyclable Materials per Sec 3.Subd 4.E. Recreational vehicles, as defined by Section 1, Subd. 2 of provided that: 1) The vehicles are registered to or rented by a resident a) b) c) The vehicles have affixed thereto currcnt once plates as required by law. The vehicles are stored no closer than five (5) feet from side and rear lot lines. The vehicles located within front yard ar as are ar as surfaced in compliance with Section 3, Subd. 5.C.8.j. of this Ordinance. 2) All front yard storage comply with the -follewing setbacks from street curb and pavement lines: Street Classification Major Arterial Minor Arterial Collector Local Minimum setback from curb /pavement lino 30 feet 30 feet 20 feet 15 feet city or county park or trail. /1) The vehicles are not connected to any water or 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. • • • • • ATTACHMENT 4 Colorado GVWR: 4,850 Ibs Colorado chassis GVWR: 5,500 Ibs Silverado 1500 GVWR: 6,400 Ibs Express Cargo 1500 GVWR: 7,300 Ibs Express Passenger 1500 GVWR: 7,300 Ibs Express Cargo 2500 GVWR: 8,600 Ibs 700-1)1116 Express Passenger 2500 GVWR: 8,600 Ibs Silverado 2500 GVWR: 9,200 Ibs Express Cargo 3500 GVWR: 9,600 Ibs Express Passenger 3500 GVWR: 9,600 Ibs Silverado 3500 GVWR: 9,700 Ibs Express Cutaway 3500 GVWR: 9,900 Ibs Silverado Chassis GVWR: 11.400 Ibs Express Cutaway 4500 GVWR: 13,980 Ibs Kodiak C4500 GVWR: 16,500 Ibs