CITY OF NOWTHEN
PLANNING & ZONING COMMISSION MEETING
TUESDAY, August 28, 2012 @ 7:00 P.M.
(Minutes are being taped for transcribing purposes only)
Present: Jeff Pilon Barry Wagner Harold Jorgensen
Dale Ames Mary Rainville
Robert Mahutga
Absent: Jim Scheffler
Others: Elizabeth Stockman,
The Planning Company LLC
Chairman Ames called the meeting to order at 7:00 PM
· Pledge of Allegiance
· Approve/Amend tonight’s meeting agenda – August 28, 2012
Rainville made motion to approve tonight’s meeting agenda of August 28, 2012. Pilon seconded the motion, all in favor; motion carried.
· Approve/Amend the July 24, 2012 Planning & Zoning Meeting Minutes - Rainville made motion to approve July 24, 2012 Planning & Zoning Meeting Minutes. Pilon seconded the motion all in favor; motion carried.
1. Floor Items
There were no floor items to be discussed.
2. Continued Discussion Zoning & Subdivision Ordinance Amendments
(Discussion)
An Ordinance Amending Chapter 11 of the Nowthen City Code
Pertaining to Agricultural Buildings & Accessory Structures in the RRA, Rural Residential Agriculture District; The Seasonal Sale of Produce From Residential Properties; and Required Setbacks from Wetlands.
Items discussed:
Taking out:
green acres wording so as not to put up accessory building without
principal structure or residence if green acres applies.
Definition:
Agricultural Land: Contiguous acreage of twenty (20) acres or more instead of ten (10), used during the preceding year for agricultural purposes. This would determine on what size of property to put a farm related building.
City of Nowthen
Planning & Zoning Mtg. August 28, 2012 Page 2
Added Item 6:
Temporary, seasonal stands for the sale of agricultural produce, provided that:
a. Sales are restricted to items grown on-site, such as fruits,
vegetables, and plants;
b. Sales may only be conducted on the property between March
1st and December 31st of any given year;
c. Space is provided for the parking of vehicles and customers
are encouraged to pull off of the public right-of-way. If parking,
traffic, or pedestrian safety become problematic, or if the City
receives complaints regarding the operation, the City Council
may prohibit the seasonal sale of produce without application
by the property owner for an Interim Use Permit.
Jorgensen thought the above issue was not needed – that we have not had a problem with this up to now.
Ms. Stockman, Planner said that this would protect the City in general.
Jorgensen said he felt that one commercial provider in the City was the one who complained about competition and that even this business brought in his goods from outside and did not grow everything on his property.
Mahutga also thought this section should be deleted.
Comment made that everyone is local and not on a busy road like Highway 10.
Rainville brought up that item 6c. should not be needed because her opinion was that this should be a police issue and not city issue.
Item 6b. the dates were discussed and changed from April 1st until Nov. 30th to allow for a longer season into winter months if selling Christmas trees.
This issue was brought up when a resident wanted to sell produce but also plants that were brought in from his place of employment.
Item number 11 was questioned as to the meaning of it:
Permitted Uses and Structures: The following shall be permitted uses by right:
City of Nowthen
Planning & Zoning Mtg. August 28, 2012 Page 3
11. The uses identified as permitted by right shall only apply to uses that are year-round, unless otherwise specified, and have no on-site
consumers, no customers, no retail sales, no employees working or
coming on the premises except as described as home occupation
defined by this Chapter, no manufacturing, no merchandising, no
signage, no outside storage of machinery or equipment, and no
inside storage other than personally owned material and equipment.
Ms. Stockman said that this paragraph means you have to have an
IUP if you have any of these.
It was pretty much a consensus that there was not a real issue with
temporary, seasonal stands for the sale of agricultural produce.
Question was asked what do temporary green houses or temporary
vegetable stands do when you see them operating in the different cities
or nearby cities?
Ms. Stockman, Planner said she would check with D. Daniel Licht, AICP,
Planner to find out the information on these particular stands and get
back to the Planning & Zoning.
Under Section 2 Item G. – Minimum Lot Dimension Requirements for Permitted Uses:
1. All lots shall have a minimum of one hundred fifty (150) feet not thirty-
three (33) feet of frontage on a public street and shall be directly
accessed from that frontage.
Wagner questioned regarding cul-de-sacs and what would happen for them regarding frontage?
It was discussed and said that cul-de-sacs will be reviewed and determined yet.
It was also discussed that changing the frontage from 33 feet to 150 feet would allow a 300 foot lot to be split in the future. It was thought that cul-de-sacs could be 75 to 80 feet at a minimum, although the lesser lot width would encourage cul-de-sacs if not otherwise limited to situations where a through road was not feasible.
City of Nowthen
Planning & Zoning Mtg. August 28, 2012 Page 4
Setbacks to structures from wetlands would be between 75 to 150 feet depending upon the wetland type, which has already been adopted as part of the City Code, but the setback standards need to be part of the Zoning Ordinance to be applicable.
An Ordinance Amending Chapter 10 of the Nowthen City Code Pertaining to Flag Lots, Easement Access and Minimum Lot Frontage on a Public Street.
Ms. Stockman, Planner said it would be good if flag lots could be eliminated altogether and that to allow cul-de-sacs in some cases. The trails typically required are 20 feet along the roadways, but provision for extension of trails past the end of the cul-de-sac could be required for connection to adjacent developments or roads.
Would be good to define before public comes in and want more flag lots. To have more public street frontage and get away from private driveways.
Jorgensen said that there are some flag lots out there now that are one half mile long, 320 feet wide and only one way in.
Ms. Stockman said only the ones that could be changed now are the larger lots where future subdivision is possible and as a condition of approval, the private access would be eliminated. There are properties in Nowthen now that have three individual driveways that should have had a cul-de-sac instead.
Mahutga said we have to take into account to also look at potential roads going through from these cul-de-sacs. Ms. Stockman agreed that yes and then there would have to be land dedicated.
Ms. Stockman said she will draft up language regarding cul-de-sacs. Jorgensen thought there will have to be give and take when considering these cul-de-sacs.
Ms. Stockman handed out a draft map that shows the existing flag lots now in Nowthen. She also handed out a map of Nowthen that shows parcels 5 acres or less and parcels 5 to 10 acres. Pilon questioned Ms. Stockman if it would be hard to have a map that shows which lots are less than 5 acres? Ms. Stockman said that it would not be hard to do.
City of Nowthen
Planning & Zoning Mtg. August 28, 2012 Page 5
An Ordinance Amending Chapter 11 of the Nowthen City Code Pertaining to Animals and Storage and Trucks that may be Parked on Residential Property.
It was discussed that truck and trailer storage: Except as provided below, it shall be illegal to park or store, or permit to be parked or stored on residential property a truck or commercial vehicle licensed for more than 20,000 (instead of 9,000) pounds gross vehicle weight, a truck-tractor, a semi-trailer, dumpsters or special mobile equipment ….
An Ordinance Amending chapter 11 of the Nowthen City Code Pertaining to Extended Home Occupations.
The section to be added read: The person(s) residing in the dwelling unit must be the property owner(s) and must be involved in the business for which the Interim Use Permit is requested.
It was discussed that it should say Extended home occupations shall be carried on by the property owners who live on the property.
3. Administrative enforcement of Code Regulations Ordinance
Discussion
Rainville made the motion to table items 3 & 4 because of limited time to finish the agenda items for tonight. Pilon seconded the motion, all in favor; motion carried.
4. TABLED from Planning & Zoning Meeting on July 24, 2012 – Discuss date for combined meeting of City Council & Planning & Zoning Commission regarding clustering in Nowthen. (Suggested to table until at least August Meeting per minutes from July 24, 2012).
Ms. Stockman, Planner suggested that because the City Council had decided to wait with the Transportation & Land Use for Nowthen until they held their Nowthen Budget Meeting and this will tie into clustering – that we hold off on discussing this at least until either October or November as well.
D. Daniel Licht AICP of The Planning Company is wanting to participate with the P & Z and City Council also and Planner Stockman will consult with him about his availability. Following work sessions and possible new drafted language regarding cluster developments, there will need to be a Public Hearing.
City of Nowthen
Planning & Zoning Mtg. August 28, 2012 Page 6
Rainville made the motion to adjourn. Jorgensen seconded the motion, all in
favor; motion carried.
· Meeting Adjourned at 9:50 P.M.
Respectfully submitted,
Debbie Mahutga, Admin. Assist.