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HomeMy WebLinkAboutPacket - PC - 09-23-2020 PLANNING COMMISSION AGENDA City Council Chambers 2006 Heritage Walk Wednesday, September 23, 2020 6:00 pm 1. Pledge of Allegiance 2. Call to Order 3. Public Comment 4. Approval of Action Minutes a) August 26, 2020 Planning Commission Meeting 5. Text Amendments a) RZ20-17 – To amend Sec. 64-395, Uses prohibited in all zoning districts (as it relates to “temporary consumer fireworks retail sales facilities”) b) RZ20-18 – To create a new Use Permit (Sec. 64-1845) for Farm Winery consumption on premises of beer and/or liquor c) RZ20-19 – To amend Sec. 64-1121 – Allowed Use Chart within the Rural Milton Overlay (as it relates to the proposed Use Permit in RZ20-18) 6. Adjourn Join Zoom Meeting https://zoom.us/j/99715197919 Meeting ID: 997 1519 7919 One tap mobile +19292056099,,99715197919# US (New York) Dial by your location +1 929 205 6099 US (New York) ACTION MINUTES WILL BE PROVIDED ELECTRONICALLY PRIOR TO THE MEETING From: Robyn MacDonald, Zoning Manager To: City of Milton Planning Commission Re: Zoning Text Amendment – RZ20-17 – To amend Sec. 64-395, Uses prohibited in all zoning districts (as it relates to temporary consumer fireworks retail sales facilities) Date: September 23, 2020 Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: At the Planning Commission meeting on August 26, 2020 Staff presented and the Commission approved a series of text amendments related to the creation of a separate Administrative Permit solely for “temporary consumer fireworks retail sales facility” (RZ20-10, 11, 12, 14, and 16). Within RZ20-10 which addressed definitions, a new definition of the following was created: Nonstructural consumer fireworks retail sales facility means a trailer towed by a motor vehicle or a tent, canopy, or membrane (any thin, flexible or foldable layer of material used to block sun, wind or water) structure in which consumer fireworks are offered for sale to the public. This type of facility shall be prohibited and therefore, a new text amendment needed to be initiated to include it within Sec. 64-395 “Uses Prohibited in All Zoning Districts”. RZ20-17 - Text Amendment (As it relates to temporary fireworks retail facilities.) prepared for the September 23, 2020 City of Milton Planning Commission Meeting Page 1 of 1 Sec. 64-395. - Uses prohibited in all zoning districts. In all zoning districts the following uses are considered objectionable and are prohibited: fortune telling establishment, massage parlor, pool hall, escort and dating services, vape shops, nonstructural consumer fireworks retail sales facility, and tattoo and body art or piercing establishment. (Ord. No. 11-06-102, § 1, 6-20-2011; Ord. No. 19-03-389 , § 1, 3-18-2019) From: Robyn MacDonald, Zoning Manager To: City of Milton Planning Commission Re: Zoning Text Amendments – RZ20-18 - To create a new Use Permit – Sec. 64-1845 for Farm Winery consumption on premises of beer and/or liquor RZ20-19 - To amend Sec. 64-1121 – Allowed Use Chart within the Rural Milton Overlay (as it relates to Farm Winery consumption on premises of beer and/or liquor) Date: September 23, 2020 Department Recommendation: The Community Development Department recommends approval of the proposed text amendments. Executive Summary: RZ20-18 – To Create a new Use Permit for Farm Winery consumption on premises of beer and/or liquor The purpose of the proposed Use Permit is to allow the sale of beer and/or liquor on a farm winery. Farm wineries are currently allowed by right within the AG-1 (Agricultural) zoning district. An existing farm winery within the City has asked if the sale of beer or liquor can be made legal for the visitors of the farm winery who prefer to consume beer or liquor. Staff presented options to the City Council at its Work Session on August 10, 2020. Staff was directed to move forward with the creation of a Use Permit that enables the farm winery to have limited beer and liquor sales while putting parameters in place to protect the neighbors and community. Page 2 of 2 There are proposed text amendments to Chapter 4 (Alcohol) of the City Code that are running concurrently to these proposed text amendments that will allow the sale of beer and/or liquor to occur on farm wineries. This item was presented at the CZIM meeting on August 25, 2020 with no one in attendance or participating via Zoom. RZ20-19 - To amend Sec. 64-1121 (Use Chart) Within the Rural Milton Overlay District, the Use Chart categorizes use permits between Commercial, Agricultural, Institutional, Non-Single Family, and Single Family Uses. Staff proposes to assign the proposed Use Permit to the “Agricultural” Use. This category requires the least amount of development regulations since it is an agricultural related use. RZ20-18 - Text Amendment prepared for the City of Milton Planning Commission Meeting on September 23, 2020 Page 1 of 1 Sec. 64-1845. – Farm Wineries consumption on premises of beer and/or liquor. Farm Wineries, as defined in Chapter 4 of the Milton Code, are authorized to serve beer and/or liquor for consumption on premises provided that a license therefor is issued as required by the state and under Chapter 4 of the Milton Code, and only upon the issuance of a Use Permit, subject to the restrictions described in this section. (a) Required districts. AG-1 (b) Standards. (1) The farm winery must be located on a minimum of 5 contiguous acres. (2) A maximum of 25% of total gross revenue of the farm winery maybe from the sale of beer and/or liquor. (3) Food must be available. This is not to be considered a requirement for a full kitchen. (4) Pertinent state and city licenses shall be obtained (beer consumption on- premises, liquor consumption on-premises) (5) Permits and/or approvals shall be obtained for building, life safety, land development, and other necessary city permits. (6) Noise levels measured at the property line shall be in accordance with Chapter 20, Article VII of the City Code. (7) All uses associated with the Farm Winery other than the growing of the product to be used in the wine production, including but not limited to, structures, areas of public gathering, parking, wine production, storage, maintenance and crops (to the extent motorized equipment of any kind is used to maintain the crops or public access is provided to the crops), shall be at least 100 feet from any lot line unless the winery and adjacent lot are under the same ownership. (8) The maximum number of attendees and hours of operation maybe restricted by the Mayor and City Council on a case by case basis for each site to protect the public's health, safety, and welfare. (9) Parking. a. Parking shall be at least 100 feet from any lot line unless the winery and adjacent lot are the same ownership. b. Parking areas shall be screened from roads and adjacent properties in a manner determined by the Mayor and City Council on a case by case basis for each site to protect the public's health, safety and welfare. c. Parking areas for event attendees must be constructed of concrete, asphalt, and/or gravel or, with the approval by the department of public works, maybe constructed of other materials that prevents erosion of the parking area. d. One parking space per 2.5 attendees is required to include required handicapped parking spaces. RZ20-19 - Text Amendment prepared for the City of Milton Planning Commission Meeting on September 23, 2020 Page 1 of 2 Sec. 64-1121. - Allowed use chart. The following chart identifies uses and their assigned categories. These uses are allowed by right (with asterisks) or required by use permit. It is the intent that some types of uses must comply with certain development standards outlined in the Rural Milton Overlay District. Commercial Type Uses Agricultural Type Uses Institutional Type Uses Non-Single-Family Uses Single-Family Uses Aircraft landing area Agricultural related activities Assisted living, personal care home Apartments Single-family homes* Amphitheatre Artist studio Daycares related to church/school Country inn Accessory structures to the SFR* Bed and breakfast Barns or riding areas* Medical lodging, group residences Townhouses/two- family Senior housing (SFR) Driving range Cemetery and mausoleum Museums Senior housing (MFR) Mobile homes, accessory dwelling (To be used as temporary dwelling while permanent structure is built) Exotic or wild animals Composting Places of worship Group residence for 5— 8 children Festivals or events, outdoor/indoor Equine garment fabrication Schools, private/special Greenhouses— Hydroponic, larger than 5,000 square feet* Greenhouses* Group residence for 9— 15 children Lodge, retreat, or campground Kennel* Quarries and surface mining RZ20-19 - Text Amendment prepared for the City of Milton Planning Commission Meeting on September 23, 2020 Page 2 of 2 Commercial Type Uses Agricultural Type Uses Institutional Type Uses Non-Single-Family Uses Single-Family Uses Landfill, solid waste Rural or Agricultural event facility Landscape business Farm Wineries consumption on premises of beer and/or liquor Medical related lodging Race track Recreational fields Self storage/multi Sky walk Stadium (off-site) associated with private school Uses within the C-1, C-2, O-I zoning districts* Veterinary, veterinary hospital* *Allowed by right within zoning district.