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HomeMy WebLinkAbout10/13/2010 P&Z PacketCITY OF LINO LAKES PLANNING & ZONING BOARD MEETING Wednesday, October 13, 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: September 8, 2010 IV. OPEN MIKE V. ACTION ITEMS A. CONTINUED PUBLIC HEARING to consider amending the Zoning Ordinance to add requirements for Temporary Outdoor Sales Lots, Farmer's Markets, and Community Gardens — Jeff Smyser VI. DISCUSSION ITEMS A. Outdoor Storage in the General Business Zone B. Conversion of Detached Townhome lots to Single Family Detached lots in Century Farm North Development 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 September 8, 2010 6:36 P.M. 7:46 P.M. Neil Evenson, Michael Hyden, Perry Laden, Robert Nelson, Brian Pogalz (Vice Chair), Michael Root, Paul Tralle (Chair) None Jeff Smyser, Paul Bengtson CALL TO ORDER AND ROLL CALL: Chair Tralle called the Lino Lakes Pl�ng and Zoning p.m. on September 8, 2010. II. APROVAL OF AGENDA The Agenda w .pprov presented. III. APPROVAL OF MINUTES: d meeting to order at 6:36 Laden made a MOTION rove the July 14, 2010 Minutes. Motion was supported by Mr N son. Mo rn carried 5 - 0. (Hyden abstained.) IV. OPEN MIKE Chair Tralle declared Open Mike at 6: 38 p.m. There was no one present for Open Mike. Mr. Pogalz made a MOTION to close Open Mike at 6:39 p.m. Motion was supported by Mr. Hyden. Motion carried 6 — 0. V. ACTION ITEMS DRAFT MINUTES Planning & Zoning Board September 8, 2010 Page 2 A. PUBLIC HEARING to consider amending the Zoning Ordinance to add requirements for Temporary Outdoor Sales Lots, Farmer's Markets, and Community Gardens Associate Planner, Paul Bengtson, presented the staff report. Staff explained that per state statutes, the City may not require a license for the sale of produce grown in the city. However, the city attorney advised that the City could regulate the sales of produce and products within the city limits, specifically where and how items are sold. The Board agreed that regulations should be different for a temporary sales lot than for a farmer's market. Board members encouraged the allowance of both in the city. Board members discussed issues with the sales of produce grown offsite versus those grown on site For health reasons, it was suggested that there should be a way to track the sales of food items sold. Staff pointed out that regulating and tracking sales would be easier if permits are issued. Staff acknowledged that a permit is different from a license, and may or may not require a fee. The board discussed the consideration of requiring an organizer to be responsible for a farmer's market. It would be more efficient for city staff to deal with one person who would be responsible for all participating vendors. Board members agreed that limiting sales to agriculture products alone may be too restrictive. Chair Tralle suggested that staff acquire a list of requirements from neighboring cities. In addition, that staff ask the cities what works and doesn't work for them. Staff agreed to compile .a list to bring back to the board. If possible, staff will email information to the board with links to informative websites. board briefly discussed the potential for community gardens. Issues considered included locations that would be most appropriate, whether a permit would be required, and potential effects on neighboring businesses. Chair Tralle opened the Public Hearing at 7:28 p.m. There was no one present to speak. Staff recommended continuing the public hearing to the next meeting. Mr. Hyden made a MOTION to continue the Public Hearing to the October meeting at 7:34 p.m. Motion was supported by Mr. Pogalz. Motion passed 6 - 0. B. PUBLIC HEARING to consider amending the Zoning Ordinance to modify the requirements for Swimming Pools and Fences & Walls Associate Planner, Paul Bengtson, presented the staff report. DRAFT MINUTES • Planning & Zoning Board September 8, 2010 Page 3 • Staff recommended approval of amending the zoning ordinance as presented. • • Chair Tralle opened the Public Hearing at 7:35 p.m. There was no one present to speak. Board members discussed the existing restriction that states "no used material shall be used in the construction of fences or walls." It was suggested that residents be allowed to reuse fencing materials as long as they are presentable and meet code requirements. Board members noted that a number of fencing materials are now offered to last forever. Mr. Laden made a MOTION to close the Public Hearing at 7:45 p.m. Motion was supported by Mr. Nelson. Motion passed 6 - 0. Mr. Laden made a MOTION to recommend approval of the amendments to the Zoning Ordinance to modify the requirements for swimming pools and fences & walls, to include the striking of the last sentence of text in Section 3,. Subdivision 4.R.4.a : "no used material shall be used in the construction of fences or walls." Motion was supported by Mr. Nelson. Motion passed 5 1. (Pogalz voting nay.) VI. DISCUSSION ITEMS A. None VII. ADJOURNMENT Mr. Hyden made a MOTION to adjourn the meeting at 7:46 p.m. Motion was supported by Mr. Pogalz. Motion carried 6 - 0. Respectfully submitted, Dawn Bugge Community Development Assistant DRAFT MINUTES • • AGENDA ITEM 5.A. STAFF ORIGINATOR: Paul Bengtson P &Z MEETING DATE: October 13, 2010 TOPIC: Continued 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. 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/community gardening is not listed as an allowable use in many zoning districts. The Board requested that staff contact surrounding communities to determine how they handled temporary sales, farmer's markets, and community gardens. Information was collected from Blaine, Hugo, Forest Lake, and also White Bear Lake. Examples of the ordinance language they enforce is attached. COMMUNITY GARDENS Community Gardens provide garden plots for residents who have insufficient space, soil quality, or sun access on their own property. They can also create an opportunity for neighborly interaction and thereby community building. The development of a site with such an amenity will involve very minimal improvements and therefore will not present an obstacle to a site being developed with an appropriate, ultimate use per the Comprehensive Plan and Zoning Ordinance. A key aspect to the use not presenting an obstacle to developing the site, and the use therefore remaining consistent with the goals of the Comprehensive Plan, is control of the garden and the rules that govern the garden. Staff is recommending that the use only be allowed when operated by the city. This gives the city an opportunity to craft rules that will clearly identify that the site is available for development and that with sufficient notice the garden may be removed for development. Additionally, the city will have the authority to keep the site properly maintained so it does not detract from the marketability of the site or create a blight on the surrounding area. 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, and the city is actively advertising the availability of the site for purchase /development. The site provides an excellent opportunity to not only establish a use that is sought after by its residents, but also to have a higher profile with which to build interest in the program. Interest that may lead to the establishment of community gardens elsewhere in the city. The zoning ordinances and city codes of the surrounding communities contacted are silent in regards to the issue of community gardens. This is largely based on the fact that the use is civic in nature with the community gardens operated by the cities themselves on municipal lands. City staff would recommend that rather than remaining silent on the issue, the use be addressed in the zoning ordinance through the addition of the following definition and inclusion of the use `Community Garden' in every zoning district as a permitted use. Community Garden. A facility operated by the city for the noncommercial cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family. FARMER'S MARKETS AND TEMPORARY OUTDOOR SALES Farmer's markets in Blaine, Forest Lake, White Bear Lake, and Hugo are all permitted through a Special Event Permit process, something that Lino Lakes has within its city code. In most cases, those cities also allow temporary outdoor sales through their zoning ordinance with an administrative permit. The Lino Lakes City Code currently contains both a Special Event Permit section and a Transient Merchant section, though both may need to be updated to serve the needs of these types of uses specifically. Staff would envision city code language that will include some performance standards to make sure that any temporary outdoor sales or farmer's markets can be held to a standard that will protect the public health, safety and welfare. Tentatively staff would propose allowing this type of use within any GB, PSP, LI and GI zoning district with an administrative permit (in the form of a Special Event Permit, a Transient Merchant license, or just a zoning administrative permit for those selling strictly produce). It would also be allowed as an accessory use within all residential and rural zoning districts when associated with an institutional building /site. MOTOR VEHICLE SALES In addition to the changes mentioned above, staff would like to then take this opportunity to clarify the use currently listed in the Zoning Ordinance as `Outdoor Sales Lot (not outdoor • • • storage)'. The intent would be to direct this section of the ordinance towards motor vehicle IDsales. This will eliminate confusion between that use and temporary outdoor sales events. • • The current CUP requirements for this use are as follows: Outdoor sales lots (not outdoor storage) provided that: a. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Section 3, Subd. 4.Q of this Ordinance. b. Outside services and sales are associated with a principal building of at least one thousand (1,000) square feet of floor area. c. The entire sales lot and off - street parking area is paved. d. For motor vehicle sales activities, a minimum of three hundred eighty (380) square feet of sales area per vehicle is provided. e. A perimeter curb is provided around the sales /parking lot. f. All lighting shall be hooded and so directed that the light source is not visible from the public right -of -way or from an abutting residence and shall be in compliance with Section 3, Subd. 4.F of this Ordinance. g. Materials for sale shall be displayed in an orderly manner and shall not constitute junk as defined by this Ordinance. DIRECTION Staff is therefore seeking direction from the Board on the following topics: 1. Should the use of Farmer's Market be administered through the Special Event Permit section of the City Code? 2. Should the use of Temporary Outdoor Sales be administered through the Transient Merchant license? 3. Should these uses only be allowed in the GB, LI, GI, and PSP districts by administrative permit, and also in the residential and rural districts when accessory to an Institutional Building or Public Park? 4. Should the use of `Outdoor Sales Lot' be amended to more specifically address motor vehicle sales? Attachments: 1. City of Hugo — Special Event Permit ordinance 2. City of Forest Lake — Temporary Sales ordinance • CITY OF HUGO • • 90 -37.2 Special Event Permits Any individual or organization holding an event or temporary use of a property which includes erecting temporary structures, offering food/beverages, or affecting traffic or parking requires a special event permit. Outdoor events, tent sales, employment fairs, celebrations, or similar special events are subject to this ordinance and require a special event permit. (a) Purpose and Intent. Provide for the temporary use of land for special events in a manner consistent with its normal use and beneficial to the general welfare of the public. Protect nearby property owners, residents, and businesses from special events that may be disruptive, obnoxious, unsafe or inappropriate given the site conditions, traffic patterns, land use characteristics and the nature of the proposed event. Preserve the public health, safety, and welfare of the community. (b) Special Event Application Process: All permits shall be applied for at least 30 days prior to the event. (1) Applicant name, address, phone number; (2) Date of proposed Special Event; (3) Address of proposed Special Event; (4) Name of property owner, if different from applicant; (5) The fees established by the adopted fee schedule. (6) Type and description of the Special Event and a list of all activities to take place at the Special Event; (7) Estimated number of persons to attend; (8) Duration of the Special Event, including beginning and ending times; (9) Any public health plans, including supplying water to the site, solid waste collection and provision of toilet facilities, if applicable; (10) Any fire prevention and emergency medical services plans, if applicable; (11) Any security plans, if applicable; (12) The admission fee, donation or other consideration to be charged or requested for admission, if applicable; (13) Whether food or alcohol will be served or sold at the event; (14) A detailed description of all public rights -of -way and private streets for which the applicant requests the city to restrict or alter normal parking, vehicular traffic or pedestrian traffic patterns, the nature of such restrictions or alterations, and the basis; (15) A description of any services, city personnel, city equipment and city property which the applicant requests the city to provide, including the applicant's estimate of the number and type needed, and the basis on which the estimate is made; (16) Whether any sound amplification or public address system will be used or if there will be any playing of any music or musical instruments; (17) A statement signed by the applicant either agreeing to pay all fees and meet all other requirements of this section, or representing to the city that the applicant is duly authorized to make such agreement on behalf of the person or organization holding or sponsoring the Special Event; (18) Applicant signature and property owner's signature, if different from applicant; and (19) Any other information requested by the City deemed reasonably necessary in order to determine the nature of the Special Event and the extent of any Special Services required. (20) The applicant shall sign a hold harmless agreement for the City for any accidents or damages caused by the event. (c) Special Events not requiring Special Event Permits (1) Sales, promotional activities or fund- raising events that take place entirely within a building that is properly zoned for the use do not require a special event permit. (2) Wedding ceremonies and receptions, funeral ceremonies and funeral processions or other similar events. (3) Any event that is otherwise regulated by the city through the use of another regulatory manner, such as an interim use permit or conditional use permit. (4) The use of traditional public forums as alternative channels of communication by the public, provided that such use is for the free exercise of constitutionally protected activities and does not disrupt or interfere with traffic on public streets or the use of public places by other members of the public. • • • • (5) Approved activities on a City Park. (d) Special Events Subject to Administrative Approval (1) Upon receipt of an application the Community Development Director or designee shall review the application. If it is deemed that the event is minor in nature and does not fall under any of the items under (e) in this section the application can be administratively approved. The Community Development Director has the right to forward any special event permit application to the City Council. No more than two special events on a property per calendar year shall be administratively approved. (e) Special Events Subject to City Council Approval (1) Any event that serves alcohol. (2) Any event that expects over 200 people in attendance. (3) Any event that will include live or amplified music or sound (4) Any event that will extend after dusk. • (5) Any event proposed in the same calendar year as two preceding events on the same property. (f) Conditions imposed. The City may place restrictions, conditions and requirements on a special event permit to protect the health, safety, and welfare of the community, mitigate unfavorable consequences of activities resulting from issuing the permit, enforce laws and regulations, and ensure compliance with the conditions of the permit. (g) • Basis for denial. In order to recommend denial of a special event permit, the City must find that the proposed use will meet one or more of the conditions found below: (1) The information contained in the application or supplemental information requested from the applicant is false or nonexistent in any material detail (2) The applicant fails to supplement the application after having been notified by the city of additional information or documents needed (3) The applicant fails to agree to abide or comply with all of the conditions and terms of the Special Event permit, including payment of all costs and expenses (4) The Special Event would substantially or unnecessarily interfere with the normal daily operations of the City, cause traffic congestion, or would interfere with access to businesses or residences in the immediate vicinity of the event (5) and there are not sufficient city resources available at the time of the event to mitigate the disruption The location of the Special Event will substantially interfere with any construction or maintenance work scheduled to take place upon or along public property or right -of -way (6) The Special Event would likely endanger the public safety or health, create or constitute a public nuisance, cause significant damage to public property or facilities, or would engage in or encourage participants to engage in illegal acts (7) The applicant, responsible party or the person on whose behalf the application is submitted has on prior occasions made material misrepresentations regarding the nature and extent of Special Services required for a Special Event in the city, or has violated the terms of a prior Special Event permit. (h) Expiration. A special event permit shall expire at the expiration date established by the City Council or City staff at the time of approval. (i) Suspension and Revocation. (1) At any time the City may suspend or revoke the special event permit upon failure of the permit holder, owner, operator, tenant or user, to comply with City codes, the laws of the State of Minnesota, the approved plans, or the conditions of approval, or by which that activities allowed under the permit adversely affect the public health, safety, or welfare. (j) Issuance of permit. The Community Development Director or designee shall, within ten days of City Council approval of any special event permit, provide one copy of the completed permit to the applicant and the City Clerk. • • • • FOREST LAKE (GG) Temporary /seasonal sales. • • (1) Temporary /seasonal sales shall require approval of a certificate of compliance and a license from the city (if applicable) to operate. (2) Approval of the local Fire Marshal is required. (3) Sales area may operate between the hours of 7:00 a.m. and 9:00 p.m. (4) A site plan shall be provided illustrating that the location of the temporary /seasonal sales facility meets all required parking lot setbacks, unless otherwise determined by the city. (5) A temporary /seasonal sales area must be located in a commercial district. It may not be placed in the public right -of -way, nor shall it impair traffic visibility (see § 153.076). (6) Must be placed on an approved dustless surface such as bituminous or concrete. (7) Parking shall be available to those purchasing goods from the temporary /seasonal sales area (see §§ 153.125 et seq. for parking requirements). (8) Temporary /seasonal sales facilities may not be permanently connected to permanent utilities, including electric, gas, sewer, water, and phone. (9) One temporary banner not exceeding 40 square feet may be used in conjunction with the temporary /seasonal sales operation and will be considered special event signage for the principal use and /or property owner hosting the temporary /seasonal sales area as defined in § 153.214. (10) Trash containers shall be provided on -site for debris. (11) All waste from the operation shall be properly disposed of. (12) Temporary /seasonal sales may occur up to 2 times a year on a specific property of a business or businesses and no longer than 60 consecutive days with 60 days between events. (13) Copies of all applicable permits from the state and county shall be provided to the city. (14) The owner of the property on which the sales facility is placed shall not be in violation of any code or ordinance or have unpaid taxes or utility bills. (15) The city reserves the right under this chapter to shut down a temporary seasonal sales operation even after the granting of approval if the operation is posing safety concerns, has become a nuisance, or has violated any requirement of this section. (16) See division (C) of this section for seasonal agricultural businesses. Definition: TEMPORARY /SEASONAL SALES. A facility or area for temporary or seasonal sales of goods, wares, or merchandise (see § 153.096(GG)) . • • •