HomeMy WebLinkAbout2011-002 Council Ordinance1st Reading:
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Publication:
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2nd Reading:
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Effective:
Council Member Rafferty moved for adoption of the following ordinance:
CITY OF LINO LAKES
ORDINANCE NO. 02-11
AN ORDINANCE AMENDING THE ZONING ORDINANCE IN REGARDS TO
OPEN AIR MARKETS, TRANSIENT MERCHANTS, AND COMMUNITY GARDENS.
Section 1 Findings
Section 2, Subdivision 1 of the Zoning Ordinance requires consideration of possible adverse
effects of a proposed zoning amendment and that the judgment of a proposed amendment to the
Zoning Ordinance shall be based upon, but not limited to, the following factors:
1. The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official City Comprehensive
Plan.
Open Air Markets, Transient Merchants, and Community Gardens will only be
allowed in areas that will be consistent with the guidance of the Comprehensive
Plan.
2. The proposed use is or will be compatible with present and future land uses of the area.
Open Air Markets. Transient Merchants, and Community Gardens will only be
allowed in areas that will be consistent with the guidance of the Comprehensive
Plan.
3. The proposed use conforms with all performance standards contained herein.
Open Air Markets, Transient Merchants, and Community Gardens will be
required to comply with all performance standards of the zoning ordinance.
4. The proposed use can be accommodated with existing public services and will not
overburden the City's service capacity.
Open Air Markets, Transient Merchants, and Community Gardens will only be
allowed in areas that have acceptable public services and in areas where the city's
service capacity will not be overburdened.
5. Traffic generation by the proposed use is within capabilities of streets serving the
property.
Open Air Markets, Transient Merchants, and Community Gardens will only be
allowed in areas that will be consistent with the guidance of the Comprehensive
Plan, and therefore are within the capabilities of the streets serving those
properties.
The Lino Lakes Planning & Zoning Board held a public hearing on the Zoning Ordinance
amendment on November 10, 2010, and recommended approval.
Section 2 Amendment of Zoning Ordinance Approved
The City Council of Lino Lakes ordains that Section 1, Subdivision 2.B of the Zoning Ordinance
is hereby amended as follows (added text in underline), and subsequent elements within the
subdivisions shall be renumbered as appropriate:
Community Garden. A facility on public land for cultivation of fruits, flowers,
vegetables, or ornamental plants by more than one person or family.
Open Air Market. An occasional or periodic market held in an open area or structure
where goods are offered for sale to the general public by individual sellers from open or
semi -open facilities or temporary structures.
Transient Merchant. Any individual person whose business in the city is temporary
or seasonal and consists of selling and delivering merchandise within the city, and who in
furtherance of the purpose uses or occupies any structure, vehicle or other place for the
exhibition and sale of the merchandise.
Section 3 Amendment of Zoning Ordinance Approved
The City Council of Lino Lakes ordains that the Zoning Ordinance is hereby amended as follows
(added text in underline):
Community Gardens operated by the city
Within the `Permitted Uses' list in each of the following subsections:
Zoning
District
Subsection
R
R-1
R -EC
R-3
R-6
LB
LI
PSP
Section 5, Subdivision 1.E.11
Section 6, Subdivision 1.G.6
Section 6, Subdivision 3.H.7
Section 6, Subdivision 5.H.8
Section 6, Subdivision 7.D.4
Section 7. Subdivision 2.F.12
Section 8. Subdivision 1.G.16
Section 9. Subdivision 1.F.6
Zoning
District
Subsection
R -X
R -1X
R-2
R-4
NB
GB
GI
R -BR
Section 5, Subdivision 2.E.11
Section 6, Subdivision 2.G.6
Section 6, Subdivision 4.G.7
Section 6, Subdivision 6.H.8
Section 7. Subdivision 1.F.10
Section 7. Subdivision 3.F.16
Section 8. Subdivision 2.G.14
Section 9, Subdivision 2.G.13
Section 4 Amendment of Zoning Ordinance Approved
The City Council of Lino Lakes ordains that the Zoning Ordinance is hereby amended by adding
the following text (added text in underline):
Open Air Market accessory to an institutional use and limited in area to 25% of the gross
floor area of the principal building
Within the `Uses by Administrative Permit' list in each of the following subsections:
Zoning
District
Subsection
R
R-1
R -EC
R-3
RBR
Section 5, Subdivision 1.H.3
Section 6, Subdivision 1.J.3
Section 6, Subdivision 3.K.3
Section 6, Subdivision 5.K.3
Section 9, Subdivision 2.J.3
Zoning
District
R -X
R -1X
R-2
R-4
Subsection
Section 5, Subdivision 2.H.3
Section 6, Subdivision 2.J.3
Section 6, Subdivision 4.J.3
Section 6, Subdivision 6.K.3
Section 5 Amendment of Zoning Ordinance Approved
The City Council of Lino Lakes ordains that the Zoning Ordinance is hereby amended as follows
(added text in underline):
Open Air Markets
Within the `Uses by Administrative Permit' list in each of the following subsections:
Zoning
District
Subsection
GB
LI
Section 7, Subdivision
Section 8, Subdivision 1.J.4
Zoning
District
PSP
GI
Section 6 Amendment of Zoning Ordinance Approved
Subsection
Section 9, Subdivision 14-.1:LTA
Section 8, Subdivision 2.J.4
The City Council of Lino Lakes ordains that the Zoning Ordinance is hereby amended by adding
the following text (added text in underline):
Transient Merchants
Within the `Uses by Administrative Permit' list in each of the following subsections:
Zoning
District
Subsection
R
R-1
R -EC
R-3
R-6
LB
LI
PSP
Section 5, Subdivision 1.H.4
Section 6, Subdivision 1.J.4
Section 6, Subdivision 3.K.4
Section 6, Subdivision 5.K.4
Section 6, Subdivision 7.G.2
Section 7. Subdivision 2.I.4
Section 8. Subdivision 1.J.5
Section 9. Subdivision J4.J4
Zoning
District
Subsection
R -X
R -1X
R-2
R-4
NB
GB
GI
R -BR
Section 5, Subdivision 2.H.4
Section 6, Subdivision 2.J.4
Section 6, Subdivision 4.J.4
Section 6, Subdivision 6.K.4
Section 7. Subdivision 1.I.4
Section 7. Subdivision
Section 8. Subdivision 2.J.5
Section 9, Subdivision 2.J.4
3 a-, *
Section 7 Zoning Ordinance and City Code Stand As Amended
As above amended, the Zoning Ordinance and Ordinance 09-09 shall stand as initially passed
and previously amended.
Section 8 In Effect According to City Charter
This ordinance shall be in force and effect from and after it
to the Lino Lakes City Charter.
Attest: lianne Bartell, Cit Cle
ssage and ► .. ication according
Jeff Relne yor
Adopted by the Lino Lakes City Council this th day of January
2011.
The motion for the adoption of the foregoing ordinance was duly seconded by Council Member
Jo P s e r and upon a vote being taken thereon, the following voted in favor thereof:
Rafferty, Roeser, Gallup, O'Donnell, Reinert
The following voted against same:
none
Whereupon said ordinance was declared duly passed and adopted.
STAFF ORIGINATOR:
CC MEETING DATE:
TOPIC:
BACKGROUND
AGENDA ITEM 6.A.i
Paul Bengtson
January 24, 2011
Second Reading of Ordinance Number 02-11
Zoning Ordinance Amendment to add Transient
Merchants, Open Air Markets, and Community
Gardens as allowable uses under certain conditions
The Planning and Zoning Board initiated a discussion of Transient Merchants, Open Air
Markets, and Community Garden in order to clarify the requirements of the zoning
ordinance. After a number of months discussing the issue, staff drafted some ordinance
language and the Planning and Zoning Board reviewed the language and took action to
recommend approval of the language to the City Council.
The City Council approved the first reading of this ordinance on January 10, 2011.
COMMUNITY GARDENS
The draft language defines the term Community Garden, to be specifically operated on
city land only, and will add it as a permissible use in all zoning districts.
The Community Development Department will then work with the Environmental Board
and the City Council to craft a Community Garden Agreement. This agreement will
outline all of the requirements and rules of the community garden including addressing
the liability issues, parking needs, water service, city signage for redevelopment, terms
of use as to the redevelopment of the site, management responsibilities of the city,
etc... This will all be in place before the city allows any occupation of the site by garden
plot renters.
OPEN AIR MARKETS
The draft language defines the term Open Air Market, and makes the use allowable by
administrative permit in all zoning districts, with the use specifically designated as
`accessory to an institutional use' in the rural and residential zoning districts.
The administrative permit required to approve this use will be the Special Event Permit
included in Chapter 615 of the City Code. This section of the code will need to be
modified slightly, to replace the term 'flea market' with the term 'open air markets'. That
amendment is proposed with Ordinance Number 01-11 on this same agenda.
TRANSIENT MERCHANTS
The draft language defines Transient Merchant with the same definition from City Code
Chapter 613, and will include it as a 'use by administrative permit' in all zoning districts.
This will cover anyone selling any product temporarily in the city. (Garage sales and
similar activities are exempted within the transient merchant section of the city code.)
The administrative permit required to approve this use will be the Transient Merchant
license included in Chapter 613 of the City Code (attached). Ordinance Number 01-11,
which is on this same agenda for consideration, will amend this section to clarify that
anyone selling farm products on the site they are grown is exempted from these
requirements, and that anyone selling strictly farm products off the site they are grown
will instead need to obtain an administrative permit from the Community Development
Department.
PLANNING AND ZONING BOARD
On December 8, 2010 the Planning and Zoning Board unanimously recommended to
amend the zoning ordinance as included in Ordinance Number 03-11.
RECOMMENDATION
Staff recommends waiving the full reading of the ordinance, and approving the second
reading of Ordinance Number 02-11.
ATTACHMENTS
1. Ordinance Number 02-11