The URL can be used to link to this page

Home My WebLink About2011-004 Council Ordinance1st Reading: 1/10/11 Publication: 7/1/ 1 1 2` Reading: 1/24/11 Effective: 3 / / 1 1 Council Member Rafferty moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 04-11 AN ORDINANCE AMENDING THE ZONING ORDINANCE IN REGARDS TO HOME OCCUPATIONS. 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. Home Occupations are currently allowed by the zoning ordinance, and the changes included in this ordinance are consistent with the current Comprehensive Plan or the draft 2030 Comprehensive Plan. 2. The proposed use is or will be compatible with present and future land uses of the area. Home Occupations are currently allowed by the zoning ordinance, and the changes included in this ordinance will not cause compatibility issues with present or future land uses in the city. 3. The proposed use conforms with all performance standards contained herein. This ordinance establishes performance standards for the uses known as Home Occupations. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The Home Occupation sections of the zoning ordinance includes performance standards that will prevent this use from overburdening the City's service capacity. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. The Home Occupation sections of the zoning ordinance will not have an effect on the City's street system. 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 3, Subdivision 8.F.1.o of the Zoning Ordinance is hereby amended as follows (deleted text in strikeout, added text in underline): OA Will ---- - Section 3 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that Section 3, Subdivision 8.G.1.f of the Zoning Ordinance is hereby amended as follows (added text in underline): f. The operation of any wholesale or retail business is prohibited, unless it is conducted entirely by mail or by occasional home invitation. Section 4 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that Section 3, Subdivision 8.H.1.j of the Zoning Ordinance is hereby amended as follows (added text in underline): 1 The operation of any wholesale or retail business is prohibited, unless: 1. It is conducted entirely by mail or occasional home invitation; 2. It is exclusively the sale of products produced on-site; or 3. It is clearly incidental to a service provided on the site. Section 5 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that Section 3, Subdivision 8.1.1.j of the Zoning Ordinance is hereby amended as follows (added text in underline): J The limited operation of any wholesale or retail business is allowed. Section 6 Zoning Ordinance and City Code Stand As Amended As above amended, the Zoning Ordinance shall stand as initially passed and previously amended. Section 7 In Effect According to City Charter This ordinance shall be in force and effect from and after_ publication according to the Lino Lakes City Charter:---- Attest: harter- '" Attest: Julianne Bartell, City Clerk assage - Jeff Rei ert, ayor 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 Gallup and upon a vote being taken thereon, the following voted in favor thereof: Rafferty, Gallup, Roeser, O'Donnell, Reinert The following voted against same: none Whereupon said ordinance was declared duly passed and adopted. AGENDA ITEM 6.0 STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: January 24, 2011 TOPIC: Second Reading of Ordinance Number 04-11, amending the Zoning Ordinance requirements for Home Occupations BACKGROUND The City Council was approached by a resident to determine if the treatment of retail sales was appropriately addressed in the Home Occupation standards adopted by the City Council on February 22, 2010. Retail sales were limited specifically to products that were produced on the site that the sales were to occur only. The City Council approved the first reading of this ordinance on January 10, 2011. RETAIL SALES ISSUES The ordinance, as adopted on February 22, 2010, included the following statement in the General Provisions section, and is therefore applicable to all Home Occupations that operate in the city: No retail of anything produced off-site. Staffs intention behind the use of the word `retail' was to prohibit direct sales to customer on the site only. It was not meant to prohibit mail order businesses or those that include delivery services. In retrospect, it was also not staffs intention to prohibit sales to customers already onsite for a service business (barber, massage, etc...), nor was it necessarily meant to prohibit sales events conducted by invitation (Tupperware, Pampered Chef, Avon, etc...). As such, a clarification may be in order. The issue that needs to be determined is which levels of Home Occupations these types of sales may be appropriate within. Remembering that the city allows any property to operate an A or B level Home Occupation, while only properties that front arterials roadways, are zoned Rural, or have over 1 acre of land can apply for the CUP required to operate a Level C Home Occupation. Staff has the following recommendation for treatment of these types of `retail' activities: 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 04-11. RECOMMENDATION Staff is recommending waiving the full reading and approval of the Second Reading of Ordinance Number 04-11, amending the Zoning Ordinance requirements for Home Occupations. ATTACHMENTS 1. Ordinance Number 04-11 Any parcel in the city: Parcel that is 1 acre or more; Parcel zoned Rural; or Parcel that fronts an arterial Sales Type Level A Level B Level C Sale by Invitation Yes Yes Yes Mail Order/Delivery Yes Yes Yes Direct sale, produced on site No Yes Yes Accessory to service No Yes Yes Direct Sale, produced off-site No No Yes 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 04-11. RECOMMENDATION Staff is recommending waiving the full reading and approval of the Second Reading of Ordinance Number 04-11, amending the Zoning Ordinance requirements for Home Occupations. ATTACHMENTS 1. Ordinance Number 04-11