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Home My WebLink About2011-003 Council Ordinance1 Readin 1 11 11 2 Reading: 1/24/11 Publication: Effective: 3/3/11 Council Member Gallup moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 03-11 AN ORDINANCE AMENDING THE ZONING ORDINANCE IN REGARDS TO MOTOR VEHICLE SALES LOTS. 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. Motor vehicle sales lots will still be allowed within the same areas as prior to this amendment, and the language will eliminate Open Sales Lots as a use which could have allowed some uses that would be considered inconsistent with the Comprehensive Plan. 2. The proposed use is or will be compatible with present and future land uses of the area. Motor vehicle sales lots will still be allowed within the same areas as prior to this amendment, and the language will eliminate Open Sales Lots as a use which could have allowed some uses that would be considered inconsistent with the future and present land uses in the city. 3. The proposed use conforms with all performance standards contained herein. Motor vehicle sales lots will be required to all performance standards, specifically those contained within the conditional use permit requirements. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Motor vehicle sales lots will still be allowed within the same areas as prior to this amendment, and the conditional use permit review required will gauge if appropriate city services are available. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. Motor vehicle sales lots will still be allowed within the same areas as prior to this amendment, and the conditional use permit review required will gauge if appropriate city streets are sufficient to serve this use. The Lino Lakes Planning & Zoning Board held a public hearing on the Zoning Ordinance amendment on December 8, 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 (deleted text in strikcthrough, added text in underline), and subsequent elements within the subdivisions shall be renumbered as appropriate: Motor Vehicle Sales Lot. The use of any building, land area, or other premises or portion thereof, for the display, sale, or lease of automobiles, trucks, vans, trailers, or recreational vehicles. A - - = - e = Mbe buying, selling, and/or renting merchandise and for the storing of the same p rior to sale Section 3 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that Section 3, Subdivision 5.F of the Zoning Ordinance is hereby amended as follows (deleted text in strikcthrough, added text in underline): 24. Auto, Boat, Trailer, Farm Equipment Motor Vehicle Sales Lot. Four (4) spaces per one thousand (1,000) square feet gross sales and office floor area and of the building plus one (1) space per each two thousand (2,000) square feet of gross land area. 26. Open Sales Lot. Ten (10) spaces or one (1) per two thousand ... larger. . -- . — Section 4 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that Section 7, Subdivision 3.H.9 of the Zoning Ordinance is hereby amended as follows (deleted text in strikcthrough, added text in underline): d-- provided that: Motor Vehicle Sales Lot 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. Parking for customers and employees must be provided in compliance with Section 3. Subdivision 5.F.24. e. For motor vehicle automobile sales activities, a minimum of three hundred eighty (380) square feet of sales area per vehicle is provided exclusive of required parking areas. Minimum sales area for all other motor vehicles will be determined by the City Council during the review of the conditional use permit. e f. A perimeter curb is provided around the sales/parking lot. f -g. 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 h. Materials Vehicles for sale shall be displayed in an orderly manner - - = - - - - = - - .a- Section 5 Zoning Ordinance and City Code Stand As Amended As above amended, the Zoning Ordinance shall stand as initially passed and previously amended. Section 6 In Effect According to City Charter This ordinance shall be in force and effect from and a- s passage and publication according to the Lino Lakes City Charter Bartell, City . Julianney Clerk Jeff Reinert Adopted by the Lino Lakes City Council this 24 th day of January 2011. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Roeser following voted in favor thereof: Gallup, Roeser, Rafferty, O'Donnell, Reinert The following voted against same: none and upon a vote being taken thereon, the Whereupon said ordinance was declared duly passed and adopted. STAFF ORIGINATOR: CC MEETING DATE: TOPIC: BACKGROUND AGENDA ITEM 6.B Paul Bengtson January 24, 2011 Second Reading of Ordinance Number 03-11 Amending the Zoning Ordinance requirements Outdoor Sales Lots (not outdoor storage) During the deliberation of how the city should handle farmer's markets, flea markets, transient merchants, and the like; staff identified an issue with the language used by the ordinance for Outdoor Sales Lots. It could easily be confused with these more temporary uses, and clarification is appropriate. The City Council approved the first reading of this ordinance on January 10, 2011. MOTOR VEHICLE SALES Staff is proposing to remove the definition and use of 'Open Sales Lot', replacing it instead with Motor Vehicle Sales Lot, and clearly defining that term. PARKING In order to do so the parking requirements within section 3 must also be amended to match the new terminology. The language included in Ordinance Number 03-11 keeps the previous number requirements from the previous ordinance language, re -titles the use appropriately, and eliminates the 'Open Sales Lot' requirement as it no longer applies. CONDITIONAL USE PERMIT REQUIREMENTS Outdoor Sales Lots are only allowed in the General Business district, and then only by Conditional Use Permit. This will again need to be re -titled to Motor Vehicle Sales Lot, and some minor improvements should be made to the requirements. Staff has proposed to refer to the parking standards from section 3 to clarify that the spaces required by section 3 are for customers and employees, not for sales display. Also, to slightly amend the sales display area requirement to clarify that the 380 square feet is meant for automobiles and that the display area for all other motor vehicle types will need to be determined when the CUP is issued. Finally, as the use only covers motor vehicles, the requirement that they not constitute `junk' is very difficult to enforce, as unlicensed vehicles are considered `junk' by the city code. Therefore staff is simply recommending removing the requirement. 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 is recommending waiving the full reading and approval of the second reading for Ordinance Number 03-11, amending the zoning ordinance in regards to motor vehicle sales. ATTACHMENTS 1. Ordinance Number 03-11