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HomeMy WebLinkAbout09/08/2010 P&Z Packet• CITY OF LINO LAKES PLANNING & ZONING BOARD MEETING Wednesday, September 8, 2010 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 14, 2010 IV. OPEN MIKE V. ACTION ITEMS IIIA. PUBLIC HEARING to consider amending the Zoning Ordinance to add requirements for Temporary Outdoor Sales Lots, Farmer's Markets, and Community Gardens — Paul Bengtson B. PUBLIC HEARING to consider amending the Zoning Ordinance to modify the requirements for Swimming Pools and Fences & Walls — 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. • • AGENDA ITEM 5.A. STAFF ORIGINATOR: Paul Bengtson P &Z MEETING DATE: September 8, 2010 TOPIC: Public Hearing Zoning Ordinance Amendment to add Temporary Outdoor Sales, Farmer's Markets, and Community Gardens as allowable uses under certain conditions BACKGROUND There is a movement afoot all over the United States to improve access to fresh, local produce. There are a number of ways this movement is being implemented, but two fundamental approaches are direct sales to consumers and access to garden plots. The Board has had a couple of discussions regarding outdoor sales activities ranging from corner fruit/vegetable vendors to organized farmer's markets. Staff is working on the Zoning Ordinance portion of the equation, but in doing so we have identified a number of other factors that need to be addressed. Instead of approaching the Board with draft language at this meeting, our intention is to outline all of the factors in the outdoor sales equation and highlight all things that must be considered in order to make this use conform to the desires of the city. On the side of self - supply, the Environmental Board and the city's Environmental Coordinator have been making inroads towards establishing the city's first community garden, but to do so will likely require a change to the zoning ordinance. Currently, agricultural production/gardening is not listed as an allowable use in many zoning districts. OUTDOOR SALES / FARMER'S MARKETS Products allowed: At the last meeting, the Board entertained the option of limiting sales to agricultural products only. Since that meeting staff has conferred with the city attorney and learned that the city can not specify the type of product that will be sold. A typical objection to outdoor sales is that it will allow fireworks stands, something which many communities frown upon. The Centennial Fire District has informed staff that they have no objection to allowing outdoor sales, so long as all fire codes are met (especially in the case of fireworks stands). Any outdoor sales that are allowed will need to be product neutral and the ordinance restrictions should reflect that allowance. Licensing: While farmers selling agricultural products cannot be required to obtain a license; the city, county, and state all may require licenses for other products. The city currently has a section of the city code that requires licenses for `transient merchants'. That portion of the code should likely need to be revised regardless of whether the zoning ordinance is changed or not. Zoning: In addition to determining what zones the uses should be allowed in, how the use is allowed must also be considered. With proper performance standards, the use could be allowed in all zoning districts, and the use could be approved by administrative permit. Performance Standards: There are a number of issues to consider. Staff has come up with a list of about 14, they are listed below as recommendations and points for discussion. o The site must have access to a collector or arterial roadway. o Access to the site must be provided via an established curb cut or drive. o The site must be developed with a minimum of five permanent parking spaces. o The sales and parking areas for this temporary use must not occupy more than 30% of the parking required by Section 3.Subdivision 5 for the permanent uses on the site. o Pedestrian and vehicular controls are provided so that sidewalks and rights -of -way are not obstructed. o All sales activities, temporary structures and signs must be setback 10 feet from all property lines and meet the traffic visibility requirements of Section 3.Subdivison 3.E.1.c. o All sales activities, temporary structures and signs must be setback 200 feet from any property line adjacent to existing residential development unless buffered from the residential development by an existing building. o All temporary structures must meet building and fire codes. An inspection of the site will be completed to verify that requirements are being met. The cost of the initial inspection is included in the administrative permit fee for a temporary open sales lot/farmer's market. o One sandwich board sign permit is included in the administrative permit fee for a temporary open sales lot/farmer's market. Additional signage may be obtained with a separate permit, and must comply with the Lino Lakes sign code. (Staff added this so that applicants would see it as an added value to the permit fee, plus a sandwich board sign can be reused over and over without another permit. While a temporary sign of any other kind has only a 17 day permit period and can only be issued once every calendar quarter of the year.) o The holder of the permit shall be responsible for leaving the property free of debris, litter or other evidence of the temporary use immediately upon completion or removal of the • • • • use. If the holder of the permit is not the record owner of the property, the holder and the property owner(s) are jointly and severally responsible for compliance. • • o Restroom facilities must be available for all workers within 330 feet of the site. o All temporary lighting associated with the open sales lot/farmer's market must be hooded and directed away from adjacent residential uses in accordance with Section 3, Subd. 4.F. of this Ordinance. Duration and Hours The duration of `permits' and the hours of operation should be regulated. This might be different for Farmer's Markets and Temporary Sales Lots, as Farmer's Markets are typically reoccurring. Community Gardens The property that staff is considering for the first Lino Lakes Community Garden is located at the corner of 77th Street and Lake Drive. It is a vacant site owned by the city, and zoned General Business. Ultimately, the site is intended for development with appropriate commercial uses, but until such time it would seem reasonable for the city to allow a community garden as an interim use. This process will allow for a public hearing, so the surrounding neighborhood will have an opportunity to voice their opinions, and the use can be allowed until the site is developed. The garden will be controlled by the city, with rules appropriate to the use and the community. The term `community garden' will need to be defined, with a requirement that the use be operated by a public entity such as the city. • • AGENDA ITEM 5.B. STAFF ORIGINATOR: Paul Bengtson P &Z MEETING DATE: September 8, 2010 TOPIC: Public Hearing Zoning Ordinance Amendment — Swimming Pools and Fences BACKGROUND The city's Building Official has identified a couple of minor changes that should be made to the Zoning Ordinance to better reflect the Building Code and Property Maintenance Codes. First, the Swimming Pool section requirement for permit does not match the building code. It currently requires a permit for a pool with a 5,000 gallon capacity OR depth potential of 30 inches. The Building Code only requires a permit if both thresholds are met, staff is proposing the following change to the text within Section 3.Subdivision 4.D.3.a: 1) A building permit shall be required for any swimming pool with a capacity of over five thousand (5,000) gallons Band with a depth potential of thirty (30 ") inches. Next, the Zoning Ordinance currently requires all fences and walls to be 10% open. This is believed to have been added to the ordinance in an attempt to inform residents of potential property maintenance (airflow) and building code (wind loads) issues. Neither the Building Code, nor the city's property maintenance codes have any opening requirements for fences anymore. The current issue with the opening requirement is that residents cannot purchase preassembled solid six foot fence panels sold in home improvement stores. They are forced to choose alternating board panels, or panels with lattice sections. This eliminates some of the privacy that these fences offer. Staff is therefore proposing the following text change within the fences and walls section of the ordinance (Section 3.Subdivison 4.R): 4. Construction and Maintenance. a. Every fence or wall shall be constructed in a professional and substantial manner and of substantial material reasonably suitable for the purpose for which the fence is proposed to be used. The materials and design shall also be compatible with other structures in the area in which the fence or wall is located and shall not cause blight or a negative impact. Fences shall be at least ten (10) percent open to provide space for the passage of air. No used material shall be used in the construction of fences or walls. OPTIONS 1. Approve the text amendments to the Zoning Ordinance 2. Return to staff with direction. RECOMMENDATION Option 1 • •