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HomeMy WebLinkAbout10/14/2009 P&Z Packet410 CITY OF LINO LAKES PLANNING & ZONING BOARD MEETING • • Wednesday, October 14, 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: September 9, 2009 IV. OPEN MIKE V. ACTION ITEMS A. PUBLIC HEARING to Amend the Planned Unit Development for Legacy at Woods Edge to modify the Lino Lakes Town Center Design and Development Guide Land Use Plan and the requirements for assisted living facilities in the Mixed Use District— Paul Bengtson B. 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. Comprehensive Plan Update B. Governor Declares "Community Planning Month" 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 TIME STARTED .............. ............................... TIME ENDED MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT : Septem • 6 :30P. 9:15 P.M. yotO ... Elizabeth Brady, Michael Hyden, Perry Laden Robert Nelson, Brian Pogalz (Vice Chair Root, Paul Tralle (Chair) : None • Paul Bengtson, Jeff Smyser, Jim Studens I. CALL TO ORDER AND ROLL CALL: II. Chair Tralle called the Lino Lakes Planning and Zoning ward meeting to order at 6: 30 p.m. on September 9, 2009. APROVAL OF AGENDA The agenda was III. APPROVAL OF/ July 8, 2009 Ms. Brady made a MOTION approve the July 8, 2009 Minutes. Motion was supported by, Mr. Nelson. Motion carried 5 - O. %� August 12, 2009 Mr. Laden made a MOTION to table approval of the August 12, 2009 minutes, because a quorum from the August meeting was not currently in attendance. Motion was supported by Ms. Brady. Motion carried 5 -0. Following the Action Items portion of the agenda, a quorum of members from the August meeting was in attendance and the board made the following motion: Ms. Brady made a MOTION to approve the August 12, 2009 Minutes. Motion was supported by Mr. Root. Motion carried 4 - 0. (Hyden, Laden and Nelson abstained.) • IV. OPEN MIKE Chair Tralle declared Open Mike at 6:34 p.m. DRAFT MINUTES Planning & Zoning Board September 9, 2009 Page 2 There was no one present for Open Mike. Mr. Pogalz made a MOTION to close Open Mike at 6:35 p.m. Motion was supported by Mr. Hyden. Motion carried 5 - 0. V. ACTION ITEMS A. PUBLIC HEARING for a Conditional Use Permit to allow a church to locate on property located at 7868 Lake Drive, North Springsturch City Planner Jeff Smyser presented the staff report. Mr. Root arrived at 6:37 p.m. Mr. Smyser explained that staff is focusing on a number of outstanding issues that need to be addressed on the site before the site can be used. These issues are listed in the staff report and include needed improvements to lighting, landscaping, screening, access management, and curbing and parking areas. Staff has discussed the requirements with the applicant, and assured the board that they will continue to work with the app %address the issues prior to going to the City Council for approval. Signage will be permitted according to the sign ordinance requirements. Staff explained that the Conditional Use Permit for the VFW has technically expired, but Council will take action to acknowledge that the previous CUP has expired and is no longer effective. Staff recommended approval of the Conditional Use Permit based on the conditions as ed in the staff fe rt. 4/ Members dis " : , - d the consideration of limiting the hours of lighting on the site. The board discussed the amount of traffic this project is expected to generate. Mr. Smyser noted that the maximum number of parking space is for 90 cars, and that number can be accommodated with the existing plan. This is the same number that was allowed for the VFW to/allow for events in the party room. Staff does not feel that a traffic study is necessary at this time, but the condition states that if problems arise, measures to address them can be required. Board members agreed to amend Condition No. lighting hours in the business district. Board members agreed to amend Condition No. resolved prior to City Council approval." 5 to comply with the standard allowable 19 to include text that reads "This will be DRAFT MINUTES • • Planning & Zoning Board September 9, 2009 Page 3 Board members were concerned that traffic may become an issue. Staff discussed ways to address traffic issues including the use of traffic control officers and limiting the times of services. Staff noted that the church would be required to pay for traffic control if it should become necessary. Board members agreed to amend Condition No. 8 to include text that reads "...or other measures which the church shall provide." Chair Tralle opened the Public Hearing at 7:14 p.m. Mr. Edward Shawa, 1388 Pheasant Hills Dr, Lino Lakes, applicant, explained that North Springs Church has been meeting in the old Lino Lakes city hall building for the past 4 years. He stated that their anticipated special events are Christmas and New Year's Eve. He does not anticipate early morning services. They currently have about 70 people attending. They could accommodate for traffic issues by adding services if necessary. Mr. Shawa understands and agrees to comply with Ale conditions as required. Mr. Pogalz made a MOTION to close the Pu• % Hearing at 7:17 p.m. Motion was supported by Ms. Brady. Motion carried 6, Mr. Smyser explained that staff has been contemp *Whether they will grant a certificate of occupancy prior to all conditions being Met Staff's goal is to ensure that the site is safe prior to any occupancy being allowed. (i ff will devise a list of the conditions that must be completed in order for a C/O to be gr i , which will be part of the Site Performance Agreement. Staff continues to encourage of the site, and would � like all items completed as soon as possible � Board members suggesiied adding a completion date to the items that will be done in the spring. Mr. Smyser replied that they could possibly add some dates into the Site Performance Agreement, which is a legal document signed by both the owner and the city. Dennis Batt 22770 Imperial Ave. N., Forest Lake, MN, architect for the project explained that he, fully aware of what needs to be completed. Mr. Batty stated that they currently have contractors defining the work that needs to be done, and an estimate for all remaining items will be prepared for the development agreement prior to the City Council meeting. He noted that site work is very weather sensitive and they plan on completing items as quickly as possible. They plan to have the majority of work completed this fall. Mr. Pogalz asked if staff had received comments from neighboring residents. Staff replied that they received one phone call regarding the church application, but no negative comments. Staff had advised Mr. & Mrs. Shawa to speak directly with the next door neighbor to address the screening issues. Mr. Nelson made a MOTION to approve the Conditional Use Permit to allow a church to locate at 7868 Lake Drive with conditions as listed in the staff report as well as the modifications to Conditions 5, 8, and 19 as previously described. Motion was supported by Ms. Brady. Motion carried 6 - 0. DRAFT MINUTES Planning & Zoning Board September 9, 2009 Page 4 At this time, the board discussed Item 6A, as listed under Discussion Items. B. CONTINUED 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 reopened the Public Hearing at 7:50 p.m. Mr. Bengtson pointed out amendments that staff made since the last meeting. Board Member discussion included hours of operations trip generation and permit fees for home businesses. Staff explained the reason for a fee'is that a home business is considered a special use that is above and beyond mingle- family use of a home. Staff explained that a permit will be issued for the lifetime of the business, therefore a one -time only fee will be required. Limitations for the allowed use will go into city records and staff will then have the ability to pull informat n from awe if complaints or problems should occur. Board members thought it was reasonable to set limits on hours of operation for noise generating activities. The Board suggests consistency with the allowable hours found in existing ordinances. Staff agreed to draft a number of options for the board to consider. Staff reminded the board that the focus is to protect the residential character of a neighborhood when addressing home business. Chair Tralle called a break at 8:35 p.m. The meeting reconvened at 8:43 p.m. On- street parking is The city currently does not restrict on- street parking. The Board requested the city council consider on- street parking requirements within the city. Mr.,Ben gtson ended that staff would discuss the issue of on- street parking. oard Members discussed alt to options for parking surfaces. Board Members point out that any environmental options would need to be approved by the city engin, to make sure 01 aspects of proper drainage are addressed. Staff will amend text to clarify that recreational vehicles cannot be used as additional living quarters and that recreational vehicles and trailers shall be considered the same. Staff will make additional amendments based on board recommendations and bring a final draft to the October meeting for the board to review. Ms. Brady made a MOTION to table the consideration for Amending the Zoning Ordinance to clarify requirements for Home Occupations and Residential Storage/Parking to the October P &Z Meeting. Motion was supported by Mr. Pogalz. Motion carried 6 -0. DRAFT MINUTES • • r • • Planning & Zoning Board September 9, 2009 Page 5 VI. DISCUSSION ITEMS A. Kraus- Anderson, 49/J Update Mr. Smyser informed the board that the Council Work Session on Tuesday, September 8 included a discussion with developer Kraus Anderson regarding a proposal for a "big box" grocer to be located on the 17 -acre site northwest of the 49/J Intersection. Mr. Smyser stated that the city has not yet received an application for this project, so there is no formal project to review at this time. Staff explained that the discussion at the Council Work Session was at the developer's request. The developer was seeking reaction from the council, as the next step would be to generate a traffic analysis to determine what would need to happen if this project were to go forward. The developer held two neighborhood meetings, neither of which was hosted by the city. Kraus Anderson showed the council a potential plan of the site. Senior using may be proposed, but no user has been determined. City Council reaction seemed to be mixed. Questions were raised regarding a 24 -hour business, senior housing, etc. Staff wanted the Planning and Zoning Board to be aware of the situation as reiterated that there is no pmject to review, therefore no recommendation is needed. is not aware of any anticipated timing for an application to be submitted. Mike Witham, 211 Woodridge Lane, commented that he realizes that no formal plan has been submitted. However, speaking for his neighbors, they wanted to state that the plan the neighbors were shown does not seem to mesh with the master plan for this area. They are aware of traffic issues. The neighborszfeel the master plan was a good plan and they would like to see it carried out. Mr. Smyser explained that staff used assumptions of what could develop when creating the master plan for the area. He noted that Anoka County reviewed a series of traffic analyses_ At the time the master plan was created, the county said they would not allow a traffic signal at this locate There is potential that the county could change their decision regarding ign s proposal were to go through, the master plan would need to be revise, Staffer discussed alternate potential locations with the developer. Mike Witham added that the neighborhood has additional concerns in excess of traffic. They believe that t single piece of property should not change the entire master plan. Mr. Tralle commented that the city and boards can plan for a development, and hope for a direction, however until a developer wants to do something, the plan does no good. He said a good example is Legacy at Woods Edge, in which development was hoped for and it has not happened. B. Comprehensive Plan Update Mr. Smyser stated that the Draft 2030 Comprehensive Plan was submitted to the Metropolitan Council on August 28. By statute, the Met Council has 120 days to review DRAFT MINUTES Planning & Zoning Board September 9, 2009 Page 6 the document and make comment. Staff is anticipating comments in the near future and will bring comments back to the board for dicussion. Staff will continue to address implementation of the plan through ordinances, zoning, etc. VII. ADJOURNMENT Mr. Hyden made a MOTION to adjourn the meeting at 9:13 p.m. Motion was supported by Mr. Nelson. Motion carried 6 - 0. Respectfully submitted, Dawn Bugge Community Development Assistant DRAFT MINUTES r • AGENDA ITEM V.A. • STAFF ORIGINATOR: Paul Bengtson P & Z MEETING DATE: October 14, 2009 TOPIC: PUD Amendment — Town Center Design and Development Guide Permissible Land Uses and other language regarding Assisted Living Facilities in Commercial Districts BACKGROUND The Lino Lakes Lodging LLC has submitted a request that the Lino Lakes Town Center Design and Development Guidelines be amended to allow an Assisted Living Facility in the Lino Lakes Town Center (Legacy at Woods Edge). The applicant is the owner of the site at 725 Town Center Parkway, currently developed with the Country Inn and Suites hotel. The LLTCDDG pages 12 -18 are attached to this report, this includes the Land Use Plan and Regulating Plan for the purpose of interpreting the impact of the changes proposed by staff. The text changes proposed by staff are highlighted. • PERMISSIBLE USES Within the Town Center area, staff is proposing to reclassify Assisted Living Facilities as a Commercial use rather than a Residential use. In order to protect the vitality of the streetscape surrounding the Village Green and the main Commercial corridor, we are proposing to limit the placement of Assisted Living Facilities to those areas that are required to only have a 50% build - to line per Figure 4 on page 13 of the TCDDG. This would limit Assisted Living Facilities to the site of the current hotel and the vacant site east of the hotel. Both of these sites share proximity with the residential areas of the project and Assisted Living Facilities would be an appropriate transition from the higher intensity commercial areas of the project. FIRST FLOOR USES Within the commercial and mixed use districts that front the village green and the main shopping area, the intent of the Town Center development is to have street vitality. Street vitality is created by first floor businesses. In the case of commercial properties that are off of the village green and the main commercial corridor, the main focus should be on employment to increase the number of daily users of the commercial areas. The differentiation between these areas is clearly depicted on the Regulation Plan (Figure 4, Page 13). Build to Line requirements are higher in the village green and commercial corridor than they are along the northern most extension of Town Center Parkway. As such, staff feels it is appropriate to consider Assisted Living Facilities in the 50% build -to line area, even if on the first floor of a building. • Legacy Assisted Living PUD Amendment Page 2 ECONOMIC DEVELOPMENT ADVISORY COMMITTEE On October 1, 2009 the EDAC discussed the conversion of the Country Inn & Suites to an assisted living/memory care facility. EDAC's areas of consideration were the impact of change of use on future economic development of the area and the change from commercial to rental tax classification. Preliminary estimates of taxes generated by the new use indicate that the impact will not be significant. After considering potential economic benefits to the community versus the risk of a vacant facility, EDAC unanimously recommended that the Planning & Zoning Board and City Council change the land use in the Legacy at Woods Edge development to accommodate assisted living on that site. EDAC recommends as a condition of approval that the city and the developer enter into a development agreement that ensures payment in lieu of taxes if the facility is sold to a non- profit, non - taxpaying entity. REDEVELOPMENT OF AN EXISTING BUILDING The applicant has indicated that they will present exhibits depicting the potential changes to the building's site plan (addition of walkways), floor plan (conversion of multiple areas), and elevations (addition of doorways and appropriate mechanical equipment screening) for the Planning and Zoning Board to visualize the change of use. When redeveloping an existing building by changing the use, staff feels that it is appropriate for the PUD Final Plan to remain in effect and an administrative Site Plan Review be completed to guarantee that all requirements of the LLTCDDG will be met with the proposed change. In addition to the administrative Site Plan Review, the City Council will also need to complete a Development Agreement to guarantee that all city interests are appropriately addressed. RECOMMENDATION Staff recommends approving the amendment to the Lino Lakes Town Center Design and Development Guide as shown in the attached draft of Chapter 2. ATTACHMENTS 1. LLTCDDG pages 12 -18 with proposed amendments shown. • • • • 1 Land Use Plan for Legacy at Woods Edge Lino Lakes, Minnesota e IIILINIMAY 4414644C4 IT 06Phi b* ONO 1411511. Oft .110:111 0.0101 1111010 nnnn/ 160., 0 110+ ■e• *NH oweewalree .1.1901 0 70 qt0 na.11000•0100 60( Lin0001/001010, 0.1610•10•100006 1110 10.000010.00 1.1•0 100.001.10000 000 ramon.11.0010 1•10 0111•0000•000 t4=t4o,....+441.44: 23 t4orth 0.00 0101.0 *LW. 0000 0 .000 0 010 0/000011, 101001770 a ft WU. 101 ea tal • no is • ',am re I tau 00.10101001.100.04101, 11 00000 000.01 11 raompown Sanown6 7-10 VAN 4/1. ww.ww es. 1010 In MA oiwwwwwwWwwwWwWwwwewer woOn 4w1m 0 000 Inn ee Ilewl. Ow.. we■ wee ee, liewowawa e■e. . ewe : 11.04 01. •■ 0 V 000104 010001.* : r ......m. v , lam Figure 3 12 Page 12 LLTCDDG 15 Legend Residential Residentlal-X gait Commercial Mixed Use NM - Open space t Civic T IIN 1 KES Regulating Plan for Legacy at Woods Edge Lino Lakes, Minnesota �,at Figure 4 13 Page 13 LLTCDDG Legend Build to Line b 70%Required 50% Required L I Required Streets E Project Identity features • Major Entry •` Architecture Features CHAPTER 2. GOVERNING PLANS Development in the Town Center is governed by the Land Use and Regulating Plans, described below, as well as by the standards in the following chapters. 2.1. THE LAND USE PLAN Figure 3, the Land Use Plan, spells out the basic arrangement and extent of activities within the Town Center. The land uses shown in the Land Use Plan correspond to the Mixed Use, Commercial, and Civic District, which have one set of design and development standards; and the Residential District, which has another set of design and development standards. The boundaries shown on the Land Use Plan are approximate. As long as development conforms to the regulating plan, boundaries may change based on detailed site analysis and revised regulations for the protection of environmental assets. The Land Use Plan ensures mixed use and shows specific boundaries for the Residential District. However, residences may also be built as upper -story housing over ground -floor retail or office in the Mixed -Use District, and in the form of Assisted Living Facilities in certain portions of the Commercial District as long as the . The minimum and maximum numbers of residential units are assigned in the Lino Lakes Comprehensive Plan. Minor adjustments to the Land Use Plan are permitted at the discretion of the City Council, if the Council finds they are consistent with the intent of the Development Standards. Adjustments are subject to review and reversal by the City Council. Significant adjustments will require amendment to this land use plan and design standards. 2.2. THE REGULATING PLAN Figure 4, the "Regulating Plan," specifies essential physical features for the Town Center area, including required streets, "Build -to Lines," building entrances, gateways, and landscaped frontages. Required Streets A minimum framework of required streets is shown in Figure 4, the Regulating Plan. The design of streets must conform to the standards set forth in the Regulating Plan. Parking lot drive aisles are not considered streets. Build -to Lines Build -to Lines define locations where buildings must be built within a certain distance of the public right -of -way. Bringing building fronts close to the edge of streets enhances the continuity, attractiveness and intimacy of pedestrian spaces. The build -to line defines a location at which 1) a certain minimum percentage of the block length must contain buildings, and 2) those buildings must be built within a maximum distance from the Right of Way. The Regulating Plan shows the location of Build -to Lines, which require either 50 or 70 percent of the block to have buildings, parks, or plazas. Specific regulations for Build -to Lines are: • Build -to Lines occur at the edge of the dedicated right -of -way, where private property meets a publicly - accessible street or path. Page 14 LLTCDDG • For each block, a minimum percentage (50 or 70 percent) of the linear length of the build -to line must have a building front, park, or plaza, as specified on Figure 4, the Regulating Plan. The minimum build -to requirement is measured as a percent of each "block." A block is defined as a continuous street segment, delimited by two cross streets (not driveways) or where the roadway makes a significant change in direction. If a non - required street is added and bisects a build -to line, the build -to requirements govern each separate segment. • To contribute towards meeting the Build -to requirement, building facades must be set back no more than 5 feet from the public right of way in the commercial and mixed use districts and no more than 15 feet in the residential district. • Parks or plazas may be used to satisfy up to 20 percent of the build -to requirement, and must be landscaped with shade trees and furnished with seating areas. (In other words, 20 percent of the 50 or 70 percent requirement may be parks or plazas. For example, for a 70 percent build -to requirement along a 500 -foot long block, 350 feet (70 percent of 500 feet) would have to have buildings, parks, or plazas, and the parks or plazas could not constitute more than 70 feet of frontage (20 percent of 350 feet). • Parking lots, driveways, loading zones, and other vehicular areas do not count towards the minimum build -to requirement. Such areas, with the exception of driveways and curb cuts, must be screened as described under "Landscaped Frontages" in Chapter 3. Standards for Build -to Lines and associated elements such as minimum building height, building frontage, and building entry and window placement and frequency are described in greater detail in Building Massing and Placement Standards (for the Mixed -Use, Commercial, Civic, and Residential District, Chapters 3 and 4. Landscaped Frontages Landscaped Frontages shall be used to extend a sense of enclosure to the street in locations where street - facing buildings are not required. Landscaped frontages will also screen views of parking lots and loading areas, and will help establish a unique project identity. Required Building Entries The Regulating Plan shows locations where major building entries must be provided to create important pedestrian and visual connections. These entries are located at important corners or intersections, typically where a larger store would locate, where pedestrian and automobile activity is high, or where buildings face onto public parks. Placing entries at these locations helps ensure that the buildings relate to the street and that pedestrians have a direct route of entry to the buildings. Pedestrians passing through these entries establish a "critical mass" of activity at major corners and near parks. Although building tenants typically will also need an entry from the rear parking lot, they are prohibited from closing off or locking up the street - facing entry to simplify their security and layout needs. Gateways Entrances to the Town Center shall be marked by distinctive features that announce the Town Center and foster a memorable sense of arrival. Page 15 LLTCDDG • • CHAPTER 3. COMMERCIAL, MIXED -USE & CIVIC DISTRICT STANDARDS 3.1. ALLOWABLE USES Table 1 indicates allowable land uses, both permitted (P) and conditional (C), in each of the land use Districts designated on the Land Use Plan. Conditional uses are expected to meet special requirements in their design or on -going operation. The Mixed -Use, Commercial and Civic Districts preclude uses that would likely detract from their compact and pedestrian- friendly character. In Mixed -Use Districts, community- and neighborhood - serving retail stores (such as full- service grocery, drug and hardware stores), entertainment uses, restaurants, and specialty shops are preferred. Assisted Living Facilities allowed in certain portions of the Commercial Districts, are subject to Commercial and Mixed Use standards. Upper -story housing is also allowed in Mixed -Use Districts over ,.,,,..,a er office commercial or civic uses. All housing in Mixed Use Districts are subject to , and is subject to the standards for the Mixed -Use Districts, rather than the standards for the Residential Districts. Theater (behir d) Apartmenh Page 16 LLTCDDG Commercial and Mixed Use Districts. Building entries and windows shall line streets to create a "Main Street" pedestrian friendly character. Activity. Outdoor seating and cafes are encouraged on sidewalks and within setbacks in the Commercial and Mixed -Use District, to increase activity and interest at the street. SECTION 3.1 ALLOWABLE USES Table 1. Allowable Land Uses in Mixed -Use Commercial, Commercial Residential and Civic Districts Allowable Land Use Comm ercial Mixed Use Civic Commercial Uses Amusement enterprises including billiard halls, pinball & video arcades entirely within the principal use, but exclude driving ranges, miniature golf courses, and go -cart tracks. [1] [6] P - - Cinemas, theaters and auditoriums, except sports assembly, exhibit halls, and convention halls. P - - Eating places /restaurants /private clubs and lodges: • With outdoor seating areas [4] [6] • With drive - through or drive -up facilities [5] • With entertainment, bar or cocktail lounge at least 50 feet from the Residential District. [2] P C C A P C - A - - - - Finance services including banks, savings & loans, credit services: • With drive - through or drive -up facilities [5]. P C P - - - Drive-through or drive -up services not listed elsewhere [5] C - - Finance, insurance & real estate services, including security & commodity brokers & dealers, insurance & real estate agents, and brokers; not including banks, savings & loans, & credit services. P P - Food stores, including supermarkets, meat & fish stores, fruit & vegetable stores, candy stores, bakeries, health food stores, and catering establishments. P P - Convenience stores without gas pumps •Furniture P P - & home furnishing retail sales, incl. household appliances, electronic equipment & office furniture. Must be less than 40,000 s.f. footprint. P P - Garden supplies, excluding hay, grain & bulk feed sales and storage. Must be less than 40,000 s.f. footprint. P P - General merchandise retail, including but not limited to: variety, hardware, and dry goods stores, but excluding vending machine operators and direct selling organizations. Must be less than 40,000 s.f. footprint. P P - Miscellaneous retail trade including florists, tobacco shops, newspapers & magazines, camera & photo supplies, gifts, optical goods, pet sales & supplies, books, stationery, art & hobby supplies, antiques, stamps & coins, jewelry sales & minor repair. P P - Health clubs and gymnasiums. P - P Hotel P - - TABLE 1 NOTES: P = permitted use. C = conditional use. (See Appendix A for Conditions of Use) A = accessory to permitted or conditional use [1] Driving ranges and other outdoor amusement enterprises are prohibited because of their land - intensive nature. Hours of operation may be imposed as a condition of approval. [2] Establishments that serve alcohol, and /or feature amplified music are conditionally permitted as an accessory use to restaurants subject to City Code requirements if they are at least 50 feet from the Residential District. Page 17 LLTCDDG • • • Table 1 (continued). Allowable Land Uses. Allowable Land Use Commer- cial Mixed Use Civic Personal services including clothes laundering, photographic services, barber & beauty services, dry cleaning and shoe repairs, but excluding industrial laundering. P P - Professional services including medical & health offices & clinics, engineering & design services, legal and counseling services, but excluding laboratories, hospitals, sanitariums and rest homes. P P - Laboratories, hospitals, sanitariums, and rest homes. - - - Assisted Living Facilities. [7] P _ Public & Quasi - Public Uses Indoor recreation facilities - - P Outdoor recreation facilities (floodlighting not to exceed 0.5 foot - candles at the property line of adjacent residential uses); - - P Concession stands (not exceeding 500 square feet); P P P Community- serving centers & facilities, including daycare and senior, recreation & teen centers. P P P Cultural facilities including auditoriums, libraries and art galleries. P P P Semipublic facilities and institutions without sleeping accommodations, including the following: churches and other religious institutions, non - profit social service organizations, philanthropic and charitable institutions. P P P University, college, community college, and professional schools (except truck driving schools). P P P Residential Uses Residential units (including senior apartments or assisted - - living) above ground -floor commercial space (e.g. retail or a:xistcd living. Temporary Uses Christmas tree or pumpkin lot sales, not to exceed 45 calendar days per year per type of sale. [6] P P P Farmers' markets including the sale of vegetables, fruit, baked goods, and other agricultural products, once a week and limited to 6 hours per week [3] P P P Art fairs & festivals, subject to City Code [6] P P P Temporary outdoor display and sales of merchandise associated with principle use A A - Other Uses - - - See Section 1, Subd. 1-E of the Lino Lakes Zoning Ordinance [3] The City Planning Department may establish administrative standards. [4] Outdoor seating may occur between buildings and within allowable building setbacks (see Table 3). Outdoor seating may also occur on sidewalks within street rights -of -way, provided that there is a clear passage for pedestrian movement that is at least 6 feet in width. [5] Refer to the diagram on page 20 for guidance on siting drive - throughs. [6] The City may set limits on hours of operation to avoid nuisance issues. J71 Assisted Living Facilities are only allowed in the 50% Built To Line areas of Commercial Districts Page 18 LLTCDDG • • AGENDA ITEM V.B. STAFF ORIGINATOR: Paul Bengtson P & Z MEETING DATE: October 14, 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 these issues at both the July and August meetings, and as a result staff has brought the following forward for further review and discussion. 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. Hours of operation have been added to tier B and C. Vehicle trip limits have been changed to regulating only business trips and have been adjusted to levels that may be appropriate. And delivery (such as UPS) trips have been adjusted on each level as well. PARKING ANALYSIS Staff has drafted a revision to Section 3 Subdivision 5.K that brings all of the residential parking criteria together. Regulations are not changing from current enforcement, but have been reorganized for ease of use. Trailers have been added to the Recreation Vehicle section of the ordinance. A clarification of the definitions of each is appropriate: Additionally, environmental options have been added to the list of acceptable materials, with City Engineer approval. 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 Staff is recommending adoption of the language attached to this report. ATTACHMENTS 1. Draft Home Occupation Language to replace Section 3 Subd. 8 & 9 2. Residential Parking Language to replace Section 3 Subdivision 5.K 3. Draft Exterior Storage Language to replace Section 3 Subd. 4.P 4. Definitions to be amended in Section 1 Subdivision 2 • • • • • • 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, as a use that is clearly incidental and secondary to a residential use on the same premises, without jeopardizing the health, safety and general welfare of the surrounding neighborhood or the inhabitants of the home occupation site, and without jeopardizing the residential character of the 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: 1) 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. 2) 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. 3) Daycare when licensed by the state and /or county 4) Any other use listed as a Permitted, Conditional, or Interim use within the corresponding zoning district. 5) Any use allowed by an existing Conditional or Interim Use Permit. C. Procedure. A permit shall be required for any Home Occupation Level B or C, in accordance with the following 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 fifteen (15) business 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, and shall not change the residential character thereof. 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. 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. 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. m. No retail of anything produced off -site. G. Requirements — Home Occupation Level A. All residential dwelling units are eligible for a Home Occupation Level A, and must comply with the following provisions specific to the Home Occupation Level 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 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 ten 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 Level B. All residential dwelling units are eligible for a Home Occupation Level B, and must comply with the following provisions specific to the Home Occupation Level 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 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 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 ten 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 in or 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 a single customer at a time. • • a. Between the hours of 7 PM and 7 AM no customers or employees who do not reside on the site may be at the site and no business operations occurring outside of the main dwelling are permitted. For the purpose of this section, an attached garage does not count as part of the main dwelling. I. Requirements — Home Occupation Level C. All properties developed with a dwelling, that are either over 1 acre in size; zoned Rural, Rural Business Reserve, or Rural Executive; or front on an arterial roadway are eligible for a Home Occupation Level C, and must comply with the following provisions specific to the Home Occupation Level C. 1. Requirements. b. Permitted home occupation may be conducted in an accessory structure provided that it can comply with life safety requirements. c. 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. d. Areas accessible to customers or employees shall comply with all applicable life safety codes. e. Vehicle trips generated by the business shall not exceed 30 in any twenty four hour period. f. If the home occupation will require a delivery service, such as UPS, no more than ten delivery/pickup trips per week shall be permitted. g. 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, except any signage allowed by the sign code. i. All off - street parking generated by the home occupation shall be provided on a hard surface in or adjacent to the driveway. The number of on -site parking spaces shall not be reduced to less than two. k. Personal Service Businesses shall be limited to allow the servicing of only two customers at a time. I. Between the hours of 7 PM and 7 AM no customers or employees who do not reside on the site may be at the site and no business operations occurring outside of the main dwelling are permitted. For the purpose of this section, an attached garage does not count as part of the main dwelling. 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, Subdivision 9 of this Ordinance. • • • • • • Attachment 2 DRAFT PARKING REGULATIONS K. Motor Vehicle Parking in Residential and Rural Zoning Districts. 1. Passenger motor vehicles, including cars, pickup trucks, vans, and motorcycles may be parked on a residential or rural property provided that: a. They are parked on an appropriate surface. Appropriate surface shall include asphalt, concrete, pavers, and environmentally conscious materials when approved by the city engineer. On properties over one acre in size, appropriate surface may also include rock or stone, when approved by the city engineer. b. They are operable and appropriately licensed at all times they are parked outside of an accessory structure. c. They are setback a minimum of five feet from side and rear property lines, except in cases where a shared driveway has been approved by the city engineer. d. When parked in the front yard or corner side yard of a property, they are parked on a designated driveway or parking area. 2. Recreational Vehicles and Trailers, as defined by Section 1, Subdivision 2 of this Ordinance may be parked or stored on a residential site provided that: a. The vehicles are registered to or rented by a resident of the dwelling on such site, provided that: 1. The vehicles have affixed thereto current registration or license plates as required by law. 2. The vehicles are stored no closer than five (5) feet from side and rear lot lines. 3. The vehicles located within front yard areas are confined to designated driveways or parking areas surfaced in compliance with Section 3 Subdivision K.1.a. b. 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 c. No vehicle shall be parked in a manner that blocks a city or county park or trail. d. The vehicles are not connected to any water or sewage disposal system on the residential property where the same is so parked or stored. e. A recreational vehicle or trailer 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. f. No Recreational Vehicle may be used as a living quarters while stored /parked on a residential property. 4. Motor Vehicles exceeding a gross weight rating of 11,075 pounds. a. 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. 1. The vehicle shall not be parked or stored for more than seventy -two (72) hours within a seven (7) day period excluding legal holidays. 2. The vehicle shall be parked or stored behind the front of the dwelling. 3. No more than one permit shall be granted per residence. • • • • • • 4. Neither the truck engine nor any other motorized component shall be left running while the vehicle is parked or stored. 5. There shall be a minimum of one hundred fifty (150) feet from the vehicle to the nearest lot line. 6. The vehicle and trailer shall remain connected. 7 All parking permits shall be reviewed and renewed on 1 July of each year at a fee established by the City Council. If at any time the conditions or requirements of permit approval are violated, the permit may be revoked. b. 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 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.8.1 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 of the dwelling on such site, provided that: a) The vehicles have affixed thcreto current registration or license plates as required by law: b) The vehicles are stored no closer than five (5) feet from side and rcar 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 Major Arterial Minor Arterial Collector Local Minimum setback from curb /pavement line 30 feet 30 feet 20 feet 15 feet 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 (i.e., 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 DRAFT DEFINITIONS 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. Travel Trailer. A recreational vehicle that is towed by a car or a truck. Trailer. A vehicle without motive power, designed to be towed by a passenger automobile but not designed for human occupancy and which may include a utility trailer, boat trailer, horse trailer, or snowmobile trailer. • • • • WHEREAS: By providing better choices for how people work and live, community planning helps citizens manage changes that affect all cities, towns, suburbs, counties, boroughs, townships, and rural areas; and WHEREAS: Community planning provides an opportunity for all residents to be meaningfully involved in making choices that determine the future of their communities; and WHEREAS: The month of October is designated as National Community Planning Month throughout the United States of America and its territories; and WHEREAS: By recognizing Community Planning Month, Minnesotans publically acknowledge the participation and dedication of the members of planning commissions and other citizen planners, who dedicate their time and expertise to the improvement of the State of Minnesota. • Now, THEREFORE, L TIM PAWLENTY, Governor of Minnesota, do hereby proclaim the month of October 2009, to be: • COMMUNITY PLANNING MONTH in the State of Minnesota. SECRETARY OF STATE IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Minnesota to be affixed at the State Capitol this fifth day of October in the year of our Lord two thousand and nine, and of the State the one hundred fifty- first. GOVERNOR