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HomeMy WebLinkAbout2010-002 Council Ordinances1st Reading: Feb 8, 2010 Publication: March 2, 2010 2"d Reading: Feh 27. 7010 Effective: Anr i 1 1_ 701 n Council Member o ' Donnell moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 02-10 AN ORDINANCE AMENDING THE ZONING ORDINANCE IN REGARDS TO RESIDENTIAL PARKING, AND EXTERIOR STORAGE. 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. Residential Parking and Exterior Storage are all currently allowed by the zoning ordinance, and the changes included in this ordinance are not inconsistent 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. Residential Parking and Exterior Storage are all 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 Residential Parking, and Exterior Storage. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The Residential Parking and Exterior Storage sections of the zoning ordinance will not have an effect on the City's public services. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. The Residential Parking and Exterior Storage 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 October 14, 2009, and recommended approval. Section 2 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that Section 1, Subdivision 2 of the Zoning Ordinance is hereby amended as follows (deleted text in stfikeeet, added text in underline), and subsequent elements within the subdivisions shall be renumbered as appropriate: Recreational Vehicle. A vehicle designed and used for recreational purposes and enjoyment including, but not limited to, snowmobiles, motorized all terrain vehicles, boats, boat trailers, race cars, travel trailers, truck campers, camping trailers, and self-propelled motor homes. Travel Trailer. A recreational vehicle that is towed by a car or a truck. Trailer. A vehicle without motive power, designed to be towed by a passenger automobile but not designed for human occupancy and which may include a utility trailer, boat trailer, horse trailer, or snowmobile trailer. Section 3 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that Section 3, Subdivision 4.P of the Zoning Ordinance is hereby amended as follows (deleted text in strikeout, added text in underline), and subsequent elements within the subdivisions shall be renumbered as appropriate: P. Exterior Storage. 1. Rural and Residential Zoning Districts. a. Exceptions. All personal property in a rural or residential zoning district and/or on properties ten (10) acres in size or less shall be stored within a building or fully screened so as not to be visible from adjoining properties and public streets, except for the following: 1) Laundry drying. 2) Non -vehicular recreational equipment. 3) Home heating fuel tanks. 4) Stacked firewood. 5) Construction and landscaping materials or equipment currently (within a period of twelve (12) months) being used on the premises. 6) Agricultural equipment and materials, if these are used or intended for use on the premises. 7) Off-street parking of licensed passenger automobiles and pick up trucks in designated driveway or parking area, surfaced in compliance with Section 3, Subd. 5.C.8.j of this Ordinance. 8) Licensed motor vehicles per Sec. 3 Subd. 5.K. 9) Refuse and Recyclable Materials per Sec 3.Subd 4.E. b. Recr tional and Utility Vehicle and Trailer Storage. provided that: 1) The vehicles arc registered to or rented by a resident of the dwelling on such site, provided that: o) The vehicles have affixed thereto current registration or license plates as required by law. b) The vehicles arc stored no closer than five (5) feet from side and rear lot lines. c) The vehicles located within front yard ar as are ar as surfaced in compliance with Section 3, Subd. 5.C.8.j. of this Ordinance. 2) All front yard storage comply with the following setbacks from stre Street Classification Major Arterial Minor Arterial Collector Local Minimum setback from curb/pavement line 30 feet 30 feet 20 fcet 15 feet 3) No vehicle shall be parked in a manner that blocks a city or county park or trail. /1) The vehicles are not connected to any water or sewage disposal system on the residential property where the same is so parked or stored. 2. Commercial, Industrial and Public/Semi-Public Zoning Districts. a. Exterior Storage. Exterior storage shall be governed by the respective zoning district in which such use is located. b. Screening. All exterior storage shall be screened so as not to be visible from adjoining properties and public streets except for the following: 1) Merchandise being displayed for sale in accordance with zoning district requirements. 2) Materials and equipment currently being used for construction on the premises. c. Within an industrial zoning district, the exterior storage of semi -trailers accessory to the principal use may be allowed by conditional use permit according to Section 8, Subd. 1 and Subd. 2. Semi -trailers connected to semi -tractors queuing for loading or unloading shall be considered truck parking and be exempt from the outdoor storage conditional use permit. 3. All Zoning Districts. a. Excepting temporary construction trailers and facilities operated by public service agencies (i.e., bookmobile, bloodmobiles, etc.) as allowed by the City Council, no recreational vehicle may be used for office, business, industrial manufacturing, testing, or storage of items in conjunction with a business, commercial or industrial enterprise. b. The City Council may order the owner of any property to cease or modify open storage uses including existing uses, provided it is found that such use constitutes a threat to the public health, safety, convenience, or general welfare. Section 4 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that Section 3, Subdivision 5.C.8 of the Zoning Ordinance is hereby amended as follows (deleted text in strikeout, added text in underline), and subsequent elements within the subdivisions shall be renumbered as appropriate: j. Surfacing_ All access driveways, approaches, sales lots, in a manner approved by the City Engineer. On parcels Tess than one (1) acre in size within the rural and residential districts, asphalt, concrete, cobblestone, or paving brick surfaces arc required. The City may allow up to twenty five (25) percent of the required parking stalls be provided as green parking with a turf surface supported by a City approved parking lot sub base and a turf guard fabric. Exceptions are access drives, driveways, approaches, sales the City that serve farm and residential, principal and accessory uses on parcels of one (1) or morc acres. These may be surfaced with: 1) Class 5 gravel. 2) Pea rock. 3) Crushed rock. 4) Agricultural lime in a manner approved by the City Engineer. Section 5 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that Section 3, Subdivision 5.K of the Zoning Ordinance is hereby repealed and replaced with the following (added text in underline), and subsequent elements within the subdivisions shall be renumbered as appropriate: K. Motor Vehicle Parking in Residential and Rural Zoning Districts. 1. Passenger motor vehicles, including cars, pickup trucks, vans, and motorcycles maybe parked on a residential or rural property provided that: a. They are parked on an appropriate surface. Appropriate surface shall include asphalt, concrete, pavers, and environmentally conscious materials when approved by the city engineer. On properties over one acre in size, appropriate surface may also include rock or stone, when approved by the city engineer. b. They are operable and appropriately licensed at all times they are parked outside of an accessory structure. c. They are setback a minimum of five feet from side and rear property lines, except in cases where a shared driveway has been approved by the city engineer. d. When parked in the front yard or corner side yard of a property, they are parked on a designated driveway or parking area. 2. Recreational Vehicles and Trailers, as defined by Section 1, Subdivision 2 of this Ordinance may be parked or stored on a residential site provided that: a. The vehicles are registered to or rented by a resident of the dwelling on such site, provided that: 1. The vehicles have affixed thereto current registration or license plates as required by law. 2. The vehicles are stored no closer than five (5) feet from side and rear lot lines. 3. The vehicles located within front yard areas are confined to designated driveways or parking areas surfaced in compliance with Section 3 Subdivision K.1.a. b. All front yard storage comply with the following setbacks from street curb and pavement lines: Street Classification Minimum setback from curb/pavement line Major Arterial 30 feet Minor Arterial 30 feet Collector 20 feet Local 15 feet c. No vehicle shall be parked in a manner that blocks a city or county park or trail. d. The vehicles are not connected to any water or sewage disposal system on the residential property where the same is so parked or stored. e. A recreational vehicle or trailer shall not be utilized for storage of goods, materials or equipment other than those items considered to be part of the unit or essential for its immediate use. f. No Recreational Vehicle may be used as a living quarters while stored/parked on a residential property. 3. Motor Vehicles exceeding a gross weight rating of 11,075 pounds. a. No motor vehicle (except those meeting the definition of a Recreational Vehicle) exceeding a gross weight rating of eleven thousand seventy-five (11,075) pounds shall be parked or stored, indoors or outdoors, in a residential zoning district or on a lot of Tess than two and one-half (2 1/2) acres in a rural zoning district, except when loading, unloading, or rendering a service unless an administrative permit that complies with the following requirements is obtained from the Community Development Department. 1. The vehicle shall not be parked or stored for more than seventy-two (72) hours within a seven (7) day period excluding legal holidays. 2. The vehicle shall be parked or stored behind the front of the dwelling. 3. No more than one permit shall be granted per residence. 4. Neither the truck engine nor any other motorized component shall be left running while the vehicle is parked or stored. 5. There shall be a minimum of one hundred fifty (150) feet from the vehicle to the nearest lot line. 6. The vehicle and trailer shall remain connected. 7 All parking permits shall be reviewed and renewed on 1 July of each year at a fee established by the City Council. If at any time the conditions or requirements of permit approval are violated, the permit may be revoked. b. On lots 2 1/2 acres to 10 acres in rural zoning districts, no more than two (2) commercial motor vehicle exceeding a gross weight rating of eleven thousand seventy-five (11,075) pounds shall be parked or stored, indoors or outdoors. Vehicles parked or stored shall meet the following requirements: 1. Neither the truck engine nor any other motorized component shall be left running while the vehicle is parked or stored. 2. There shall be a minimum of one hundred fifty (150) feet from the vehicle to the nearest lot line. 3. The vehicle and trailer shall remain connected. Section 6 Zoning Ordinance and City Code Stand As Amended As above amended, the Zoning Ordinance shall stand as initially passed and previously amended. As above amended, the City Code 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 its according to the Lino Lakes City Charter. Attest: ulianne Bart: 1, CityClerk Adopted by the Lino Lakes City Council this 22nd day of February 2010. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Roeser and upon a vote being taken thereon, the following voted in favor thereof: O'Donnell, Roeser, Rafferty, Gallup, Reinert The following voted against same: none Whereupon said ordinance was declared duly passed and adopted. AGENDA ITEM 6C STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: February 22, 2010 TOPIC: i. Second Reading of Ordinance No. 02-10 Amending the Zoning Ordinance requirements for Residential Parking, and Exterior Storage. ii. Resolution No. 10-18, Summary Resolution Summarizing Ordinance No. 02-10 for Publication. BACKGROUND With the development of the 2030 Comprehensive Plan Update, it is appropriate for the city to review its official controls. This is the first of many reviews of our official controls. In this case, staff is attempting to clarify the existing regulations in regards to Residential Parking and Exterior Storage. PARKING ANALYSIS Staff has drafted a revision to Section 3 Subdivision 5.K that brings all of the residential parking criteria together. Regulations are not changing from current enforcement, but have been reorganized for ease of use. Additionally, environmental options have been added to the list of acceptable paving materials, when approved by the City Engineer. At the direction of the Planning and Zoning Board, trailers will be regulated in the same manner as Recreational Vehicles. As such the definitions of both have been clarified and the Recreational Vehicle section of the ordinance has been modified slightly. EXTERIOR STORAGE ANALYSIS The proposed ordinance amendment would remove RV/Trailer storage from the Exterior Storage Section of the current ordinance and place it within the proposed Residential Parking section of the ordinance. The proposed ordinance would also add refuse and recyclable materials to the list of allowed exterior storage items, as a reference to the appropriate section regarding these items. PLANNING AND ZONING BOARD The Board held a Public Hearing for this item at each meeting between July and October. The Board ultimately recommended approval of the changes contained in Ordinance Number 12-09, with a vote of 4-2. RECOMMENDATION Staff is recommending that the City Council dispense with the full reading and approve the first reading of Ordinance Number 02-10. ATTACHMENTS 1. Ordinance Number 02-10