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HomeMy WebLinkAbout6.e. Zoning Ordinance Amendment Discussion a� �., � � �/� r c� e�c,x s ro ;t�t� () 2e�s-�a�Tt� �r w O�����1�� ROSF:M(aU1VT. MINNESOT A 55(�fi8 r 612—423-A411 To: ciT�c eovrrciL iTEM 6e. : FROM; MTGHAEL WQZNIAR, AICP, CITY PLANNER DATE: NqVE;MBTsR 3, 19$9 SUBJ: NOVEMBER ?, 1989 - REC#ULAR MEETIN4 REVIS�B 20NING f?RDINANCE AMENDMENT DISCUSBI�N Staff recommends that City Council set a public hearing date fo� November 21, 1989 at 8:00 p.m to Gonsider an amendment whi�h wouid effect three different sections of the Zoning Ordinance. �irst, Couneil Member Napper has indi�ated to staff that he believes that the portion of the Zoning Ordinance �Section 7.2 .A. 6. ) which ineludes provisions for the regulat�ion af accessQry buildings may be more restrictive than what was intended by City ' Council, Specifically Mr. Napper's concerns regard the following language: "Accessory building to be constructed in the A {Agriculture) ar AG- F (Agricultural Preserves} Districts east of Akron Avenue are limited to a maximum aggregate total of 2400 square feet of area for properties under 20 acres in size or if the building is for non agricultural use. " Mr. Napper believes that the term "aggregate total" should be � removed from this provision because it is overally restrictive far Agricuitural properties under 20 acres in size loca�ed east c�f Akron Avenue. The other changes to the zaning orda.nance which City Ccauncil will be asked to consid�r relate to a praposal to develop a Landscape Nursery which was rec�ntly aenied by the Planning Commission. zn considering the proposal the Planning Commission recagnized t�hat the following uses which are permi�ted in the Agriculture District are not defined in the zoning o�dinance; Agrieultural Stand, Landseape Nursery, and ' Commercial Greenhouse. The Planning Commission has recommended that the following de�initians far those terms be added to the zoning ardinance: Agricultural Stands A baoth or stall located on a farm from whieh pr4duce and farm products are sold to the general public. Commercial Gresnhoe�ses A structure in which plants, vegetables, flawers and similar materials are grown for sale. Landscape Nursery; Land or greenhc�uses used to raise flowers, trees, shrubs and plants far sale. .� - � � Also relating to the recent Plannir�g Commi.ssion aetion on the Landscage Nursery proposal is a recommendation fram �taf� regarding the amendment of the zoning ordinance to establi�h an appeal procedure to City Council for Pianning CQmmi6�sion actians on � Building Permits. T2�e Zoning t3rdinance requirea that applications� tor all non-residential building permits be sub�ect to a site plan revi�w by the Planning Commission. However, the Ordinance establishes no further administrative appeal to C�.tp Gouncil, Therefore if an applicant is denied by the Planning Commission his only recourse would be to take 3egal action against the �ity. Such action could require the City to expend considerable legal fees (i.e. defending against a lawsuifi) . The Planninq Commission recently denied site plan approval for the Ros+a Clift Landscape Nursery a proposal for a landscape nursery op�ration to be located at the intersection of 120th 8treet and South Rabert Trail. City staff had recomm�nded approval of the pro�ect with conditions. The Developer of the pro�ect has expressed a desire to appeal the decision by whatever procedure the City may establish. Unless an appeal procedure is established this may be a sitt�atian where� the applicant will elect to file suite against the City. It is the consensus of City staff including the Gity Attorney that an appeal procedure should be established to allow City Council to consider appeals to Planninq Commissions actions ar� building permits. This wou3d require amendment to Section 14.4 of the Zoning Ordinance to provide language indicating the right for an applicant, resider�t� councii member or planning commissioner ta appeal a Planning Commissions site plan action provided the appeal is filed with 30 days of the action. The procedure in a wor�t case scenario would allow City Council an opportunity to review Planning Commission actions prior to facing legal action. The precise ordinance form for these changes will be provided to Couneil for the November 2ist meetinq.