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HomeMy WebLinkAbout2016-07-14 Planning Commission Meeting Packet CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING AGENDA Thursday, July 14, 2016 7:00 P.M. L Call to Order& Welcome New Commissioner Greg Quale II. Approval of Agenda III. Approve June 9, 2016 Planning Commission Meeting Minutes (1) IV. Department/Commission Liaison/ Other Reports V. Visitors/Public Comment This is an opportunity for the public to address the Commission with questions or concerns not on the agenda. Please limit comments to three minutes. VI. Public Hearings A. Sunview 4— 14820 57th St.,N. —Consider a request for a Conditional Use Permit related to the placement of an accessory building, located at 14820 57th St.N. (2) B. Xcel Energy—Baytown Substation. —Consider a request for Conditional Use Permit Amendment to allow expansion of Xcel Energy Electric Substation, known as Baytown Substation, at Nova Scotia Ave. N. (3) VII. New Business VIII. Old Business A. Transient Lodging (4) IX. Informational A. Upcoming Meetings: • Tuesday, July 26, 2016 City Council 7:00 p.m./City Hall • Thursday, August 11, 2016 Planning Commission 7:00 p.m./City Hall • Tuesday, August 23, 2016 City Council 7:00 p.m./City Hall • Thursday, September 8, 2016 Planning Commission 7:00 p.m./City Hall B. Council Representative • Tuesday, July 26, 2016— Commissioner Thurmes • Tuesday, August 23, 2016—Commissioner Anthony X. Adjourn. & CIcw%L CITY OF OAK PARK HEIGHTS • PLANNING COMMISSION MEETING MINUTES Thursday,June 9,2016—Oak Park Heights City Hall I. Call to Order: Chair Kremer called the meeting to order at 7:08 p.m. Present: Commissioners Anthony, Kremer,Nelson&Thurmes; City Administrator Johnson, City Planner Richards, and Commission Liaison Runk. II. Approval of Agenda: Commissioner Nelson, seconded by Commissioner Thurmes,moved to approve the Agenda as presented. Carried 4—0. III. Adjourn to Annual Meeting: Chair Kremer adjourned to the Annual Meeting. IV. Call Annual Meeting to Order: Chair Kremer called the Annual Meeting to order at 7:09 p.m. and noted the matter of business was to elect a Chair and Vice Chair. A. Chair&Vice Chair Election: Commissioner Nelson, seconded by Commissioner Anthony moved to nominate Commissioner Kremer to a second term as Commission Chair. Carried 3 —0— 1, Kremer Abstaining. Chair Kremer moved to nominate Commissioner Anthony as Commission Vice Chair. Commissioner Anthony, seconded by Commissioner Thurmes moved to nominate Beth Nelson to a term as Commission Vice Chair. Carried 3 —0— 1,Nelson Abstaining. V. Adjourn Annual Meeting&Reconvene Regular Meeting: Chair Kremer adjourned the Annual Meeting and reconvened the regular meeting a7:10 p.m. VI. Approval of March 10, 2016 Meeting Minutes: Commissioner Thurmes, seconded by Commissioner Anthony,moved to approve the Minutes as presented. Carried 4 - 0. VII. Department/Commission Liaison/Other Reports: None. VIII. Visitors/Public Comment: None. Planning Commission Minutes June 9,2016 Page 2 of 11 IX. Public Hearings: A. Driessen Group, LLC—Oak Park Heights Retail—Consider requests for Planned Unit Development(PUD)-Concept&General Plan, Conditional Use Permit(CUP) for a drive-through restaurant, Zoning District Amendment to B-2, General Business District, Preliminary&Final Plat, and Design Guidelines/Site Plan Review for proposed retail development at the SW intersection of 60th St.N. and Krueger Ln.N. City Planner Richards reviewed and discussed the June 1, 2016 Planning Report to the request related to a proposed shopping center and restaurants with joint signage, access and parking to be located on a land parcel at the front of Menards,between it and the frontage road at Highway 36. Commission discussion ensued as to the congestion and safety at the intersection of Norell Ave. and the frontage road and whether or not there were any plans to change the roadway area and/or intersection to improve traffic safety. City Administrator Johnson noted that the intersection is the Minnesota Department of Transportation's right-of-way and while the area is often spoken of,he is not aware of any planned changes to it. Chair Kremer opened the hearing and invited public comment. Scott Nelson—DJR Architecture introduced himself as representing the Driessen Group. Mr. Nelson stated that they did not have any issue with the conditions noted within the planning report and discussed how they determined the transparency calculation for the structure at Lot 3. Mr. Nelson clarified that there is only one drive through planned for the end of the retail structure at Lot 2 and that they are requesting 2 monument signs and 1 pylon sign and noted the proposed locations for them and discussed traffic visibility, turn around and pedestrian access for the site. Given approval,they would like to start construction of the retail structures as soon as late Summer. Commission discussion ensued as to sign ordinance allowance for one sign at each entry area and the need for a variance if a third is desired, off site signage situation with Menard's sign from years ago and traffic/vehicle maneuvering. There being no visitors to the public hearing, Chair Kremer closed the public hearing and invited additional Commission discussion. Commission discussion commenced as to planning report conditions including, review of proposed building materials, awning design, Lot 3 structure façade transparency in relation to ordinance requirements. Commissioner Thurmes stated that he would like to have staff look at the turn radius at the SE corner or of Lot 2. Planning Commission Minutes June 9,2016 Page 3 of 11 Commissioner Anthony, seconded by Commissioner Thurmes,moved to recommend that the City Council approve the request, subject to the amended conditions of the June 1, 2016 Planning Report; specifically, as follows: • Zoning District Amendment to B-2 District • Planned Unit Development, Concept and General Plan • Preliminary and Final Plat Approval • Conditional Use Permit for a Drive Through Restaurant • Design Guidelines/Site Plan Review 1. The preliminary and final plat shall be subject to review and approval of the City Attorney and City Engineer. 2. The City will not accept ownership of Outlot B. 3. The site plan shall be subject to review and approval of the Fire Marshal. 4. All grading, drainage, erosion control,utility plans and access driveways are subject to review and approval of the City Engineer. Storm water plans are also subject to review and approval of the Brown's Creek Watershed District. 5. The Applicant shall obtain a driveway access permit from the Minnesota Department of Transportation. 6. City Staff review and approval of the restaurant drive through is required when the building plans are submitted. 7. The Applicant shall provide a snow removal plan or indicate if the snow will be hauled off site. 8. The landscape plan shall be subject to the review and approval of the City Arborist. All required landscape plans shall be submitted to the satisfaction of the City Arborist. 9. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 10. All light fixtures shall be full cut off, compliant with height requirements, and be consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting requirements. Outdoor lighting for the parking areas shall be turned off one hour after closing, except for approved security lighting. 11. All signs shall be designed to comply with the Zoning Ordinance requirements for size, number,placement and internal illumination. Planning Commission Minutes June 9,2016 Page 4 of 11 12. The bases of the three pylon signs shall be landscaped and included on the landscape plan, subject to the review and approval of the City Arborist. 13. The Planning Commission was favorable to the building design and building materials. The applicant has provided building materials for Planning Commission review. 14. The Planning Commission was favorable to the proposed transparency of the front façade of the Lot 3 building. 15. A bike rack should be identified on the site plan and placed on site for each building. Carried 4 - 0. B. MSP Commercial—Oak Park Heights Furniture Warehouse/Simonet's—Consider requests for Preliminary&Final Plat, and Design Guidelines/Site Plan Review for proposed furniture warehouse. City Planner Richards reviewed and discussed the June 1, 2016 Planning Report to the request related to a proposed Simonet's Furniture Warehouse to be constructed upon currently vacant land located at Memorial Ave. N. Chair Kremer opened the hearing and invited public comment. Alex Young of MSP Commercial introduced himself and noted that he had Simonet's owner, Michael O'Brien and Architect Douglas Feickert in the audience. Mr. Young clarified that the plan calls for two monument signs—one at each entry, and discussed the transparency locations in relation to the building layout and from the perspective of a store front. Commissioner Thurmes left the meeting at 7:30 p.m. There being no other visitors to the public hearing, Chair Kremer closed the public hearing and invited Commission comment. Discussion commenced between the Commission, Mr. Young and Mr. Feickert as to the transparency layout, the up/down style light fixtures proposed to the building, the propose building materials and color composition. Commissioner Nelson, seconded by Commissioner Anthony,moved to recommend that the City Council approve the request, subject to the conditions of the June 1, 2016 Planning Report; specifically, as follows: • Preliminary and Final Plat approval • Design Guidelines/Site Plan review Planning Commission Minutes June 9,2016 Page 5 of 11 1. The preliminary and final plat shall be subject to review and approval of the City Attorney and City Engineer. 2. The site plan shall be subject to review and approval of the Fire Marshal. 3. The Applicant shall provide a snow removal plan or indicate if the snow will be hauled off site. 4. The landscape plan shall be subject to the review and approval of the City Arborist. 5. All grading, drainage, erosion control and utility plans are subject to review and approval of City Engineer. Storm water plans are also subject to review and approval of the Brown's Creek Watershed District. 6. All light fixtures shall be full cut off, compliant with height requirements, and be consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting requirements. Outdoor lighting for the parking areas shall be turned off one hour after closing, except for approved security lighting. 7. The Planning Commission was favorable to the use of the up/down fixtures that will provide architectural lighting for the building facades. 8. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 9. All signs shall be designed to comply with Zoning Ordinance requirements for night illumination. 10. The Planning Commission was favorable to the percentage of transparency on the building elevation facing Highway 15. 11. The Planning Commission was favorable to the building design and building materials. 12. A bike rack should be identified on the site plan and placed on site. Carried 3 - 0. Commissioner Thurmes returned to the meeting at 7:43 p.m. C. Kwik Trip, Inc.—Consider requests for B-3 Zoning District Text Amendment to allow motor fueling stations & car washes, Conditional Use Permit(CUP) for a fuel station, convenience store and car wash, Conditional Use Permit(CUP) for signage and exterior storage, Preliminary&Final Plat, and Design Guidelines/Site Plan Review for proposed Kwik Trip Store at 58th St. N. &Minnesota Ave. N., S. of Stillwater Motors. Planning Commission Minutes June 9,2016 Page 6 of 11 City Planner Richards reviewed and discussed the June 2, 2016 Planning Report to the requests related to the construction of a Kwik Trip convenience store, motor fuel station and car wash upon currently vacant land at the intersection of 58th St. N. and Memorial Ave. N. Chair Kremer opened the hearing and invited public comment. Scott Teigen, Vice President of Kwik Trip introduced himself and provided a brief history of Kwik Trip's presence and operations. Mr. Teigen discussed signage, noting that they could give up"Kwik Trip" sign on the canopy side facing the store and would also be willing to give up the diesel pricing on the east end of the diesel of the gas canopy. He feels that the signage on the diesel canopy is directional in nature in that it says "diesel enter and exit." Discussion ensued with Mr. Teigen as to the anticipated percentage of customers anticipated to being utilizing diesel,proposed signage,building materials and color composition. Mr. Teigen indicated that they are willing to commit to the right turn lane condition but would like to see the possibility of limiting the financial investment towards its development and time frame to do so, if it is found needed. City Administrator Johnson noted the existing condition of the intersection, noting that how it will function is uncertain and that input has been sought from Washington County. He noted that a flexible time line seems reasonable to address how is functions and what is needed; however, establishing a financial limit was something that could not be as easily addressed and that no estimate was presently available as to what the costs for the improvement would be. Discussion ensued as to current traffic counts and estimated traffic counts at the area with the increased activity and proposed signage. There being no other visitors to the public hearing, Chair Kremer closed the public hearing. Commissioner Nelson, seconded by Commissioner Anthony,moved to recommend that the City Council approve the request, subject to the amended conditions of the June 2, 2016 Planning Report; specifically, as follows: • B-3 District Amendment to allow motor fueling stations and car washes • Conditional Use Permit for the motor fuel station and car wash use • Conditional Use Permit for additional sign height, sign face size, number and square footage of signage • Conditional Use Permit for exterior storage limited to ice and propane • Preliminary and Final Plat approval • Design Guidelines/Site Plan review Planning Commission Minutes June 9, 2016 Page 7 of 11 1. The preliminary and final plat shall be subject to review and approval of the City Engineer and City Attorney. All vacation of easements and creation of new easements shall be subject to review and approval of City Engineer and City Attorney. 2. The location of all access points from City streets shall be subject to review of the City Engineer. 3. The site plan shall be subject to review and approval of the Fire Marshal. 4. The grading, drainage and utility plans shall be subject to review and approval of the City Engineer. The drainage plans shall be subject to the review of the Brown's Creek Watershed District. 5. Kwik Trip's traffic generation is anticipated to impact the 58th street intersection with County Highway 15. Kwik Trip shall be responsible for the costs associated with the installation of a right-turn lane onto or from County Highway 15 including all elements, appurtenances and adjustments related thereto on City streets and/or as may be additional required by Washington County on County Highway 15 to accommodate those right-turn lanes. All installations shall be at the direction and timing as determined by the City Engineer and follow established roadway and engineering standards and when the City Engineer deems it reasonably warranted. 6. An eight-foot trail along 58th Street shall be extended westerly from Minnesota Avenue North and around the corner to continue on 58th Street along the entire length of the Kwik Trip site. The trail shall be installed and paid for by Kwik Trip. A six-foot walk along Minnesota Avenue North will be constructed and maintained by Kwik Trip. 7. The Applicant shall provide additional information to the City regarding noise levels from the car wash, subject to approval of the City. 8. All lighting fixtures shall be full cut off and installed in compliance with the lighting standards of the Zoning Ordinance. 9. The canopy light fixtures shall be full cut off and installed within the canopy structure. 10. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting. 11. No strip lighting of the building, canopy or freestanding sign shall be allowed. 12. The landscape plans are subject to review and approval of the City Arborist. Planning Commission Minutes June 9,2016 Page 8 of 11 13. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 14. All signage shall be subject to final review and approval of City Staff for conformance with Zoning Ordinance standards. 15. The Applicant shall clarify the amount of signage and type of signage on the gas pumps. 16. All signs shall be designed to comply with the Zoning Ordinance requirements for internal illumination. 17. Only ice and propane sales in locked enclosures shall be allowed for outdoor sales. 18. The Planning Commission was favorable to the ground level expression, façade transparency,building materials and general building design and determined compatibility with the Design Guidelines. 19. The Planning Commission agreed that the franchise design of the building is in keeping with the Design Guidelines. 20. A bike rack shall be provided near an entrance of the building. 21. The Applicant shall provide a snow removal plan or indicate if the snow will be hauled off site. Carried 4- 0. Chari Kremer called a brief recess and reconvened the meeting at 8:33 p.m. D. Zoning Ordinance 401 Transient Lodging Text Amendment—Consider amendments to Sections 401.15.M Home Occupations and 401.02.B Definitions, adding language related to Transient Lodging. Commission Liaison Runk noted that he serves as the City Council Liaison to the Stillwater/Oak Park Heights Convention&Visitors Bureau and explained the bureau's role in promoting tourism and the lodging tax that supports the promotional efforts for lodging facilities and tourism in the area. He noted that the City Council for the City of Stillwater is also represented at the Bureau and at their February meeting it was noted that they had been receiving inquiries about AirBnB's—a short term use-private rental of a home or a room of a third party. As the AirBnB lodgings were not Bureau members, they have not been able to readily assist in the inquiries regarding them. Planning Commission Minutes June 9,2016 Page 9 of 11 Runk explained that some inquiry was made at the City of Stillwater as to whether or not these lodgings should be required to pay the lodging tax under MN State, wherein it was expressed that they should be subject to the tax as short term lodging was being offered. The Bureau asked that the subject be brought back to both Cities for review of use regulation. At its February meeting the Oak Park Heights City Council directed staff to review. Staff review was conducted and presented to the City Council in March. City Council determined that the lodging presents value to the City and that they should be treated as any other home based business within the City. As such, staff prepared a proposed amendment to City Zoning Ordinance 401.15.M to include transient lodging and guests. Discussion ensued as to the issue at hand to the City being the operation of a business in a residential area, State law tax requirement of short term lodging,the collection of the tax and conveyance to the Bureau, and it being more of a matter of setting standards for operation within the City versus a revenue proposition. City Planner Richards reviewed his June 1, 2016 Planning Memorandum regarding the matter. Chair Kremer opened the public hearing and invited public comment. Martin Fenner—6315 Peacan Ave. N. introduced himself and stated that he and his wife, Louise have operated a vacation rental in their home for the past two years. They occupy the home and have dedicated parking for their guests and strict criteria of no more than 2 people,no children or pets for their rentals. Mr. Martin responded to questions as to how they advertise, collect trash and what their occupancy has been. Mr. Fenner did note that they do pay state sales tax for their business operation. Melanie Ebertz— 1924 1st St.,N., Stillwater introduced herself as the owner of her Grandmother's house at 6337 Panama Ave.N. that she operates as a vacation rental and has just begun receiving guests to it. She stated that she feels that operating the rental short term allows her to interact with the house whereas with a long term rental she feels she could not. She noted that private home lodging raises the bar and brings people into the community. She noted that she is also paying state sales tax for the rental operation. She thanked the City for being open minded and supportive to the concept in the community. Discussion ensued as to whether or not the operation is considered a business and should be treated as a home based business subject to a home occupation permit, impacts of the operations upon the residential feel of the community,nuisance and similar enforcement potential,the attempt to clarify what is permitted and what the process is, that no problems had been reported as of present, Planning Commission Minutes June 9, 2016 Page l0 of 11 Chair Kremer suggested that City Staff&Planning Commission meet with anyone who is known to be operating a vacation rental to have a workshop to discuss their operation so as to gain a better understanding before making any regulation requirement. Commission consensus was to have City Administrator Johnson coordinate a workshop for City Staff, the Planning Commission and vacation rental property operators to have a workshop prior to the July meeting and to continue the public hearing on the matter to July. X. New Business: A. Commission Appointment Recommendation: Discuss and make recommendation for appointment to Planning Commission vacancy for a 3-year term commencing July 1, 2016 and culminating May 31, 2019. Chair Kremer noted that it was his understanding that Commissioner Thurmes would be leaving the City and the Commission at the start of the year creating an opening on the Commission at that time. He noted that two applicants were received for the current vacancy and suggested that the Commission consider appointing one of those candidates for the current vacancy and the second to the vacancy created at time Commissioner Thurmes departs, which is anticipated to be within the next 6 months. Commissioner Nelson, seconded by Commissioner Thurmes moved to recommend City Council appointment of Greg Quale to the Commission effective immediately and also to appoint Warren Wasescha to a term effective at the time of the departure of Commissioner Thurmes. Carried 4—0. XI. Old Business: None. XII. Informational: A. Upcoming Meetings: • Monday, June 27, 2016 City Council 7:00 p.m./City Hall • Thursday, July 14, 2016 Planning Commission 7:00 p.m./City Hall • Tuesday, July 26, 2016 City Council 7:00 p.m./City Hall B. Council Representative • Monday, June 27, 2016—Commissioner Nelson • Tuesday, July 26, 2016—Commissioner Thurmes Planning Commission Minutes June 9,2016 Page 11 of 11 XIII. Adjourn. Commissioner Nelson, seconded by Commissioner Anthony,moved to adjourn at 9:18 p.m. Carried 4—0. Respectfully submitted, Julie Hultman Planning& Code Enforcement Approved by the Planning Commission: En tioSurtit. 2 TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPC a@ PlanningCo.corrin MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: July 6, 2016 RE: Oak Park Heights — Request for a Conditional Use Permit for a Detached Accessory Structure — Sunview 4 Association — 14820 57th Street North TPC FILE: 236.02 — 16.07 BACKGROUND Lori Belz, on behalf of the Sunview 4 Association has made an application for a Conditional Use Permit (CUP) to allow a detached accessory structure at 14820 57th Street North. The application includes a request for a CUP to allow the structure to be placed in the front yard. The property is zoned R-2, Low and Medium Density Residential District. EXHIBITS The review is based upon the following submittals: Exhibit 1: Project Narrative Exhibit 2: Air Photo of Property Location Exhibit 3: Air Photo of Proposed Shed Location Exhibit 4: Site Plan Exhibit 5: Picture of Proposed Accessory Structure Exhibit 6: Specifications of Proposed Accessory Structure PROJECT DESCRIPTION The Applicant has provided the following narrative: We would like to build a small shed, no larger than 10 feet by 12 feet and approximately 9 feet at peak. The siding and roof will match the existing building. This shed will be used to store equipment, such as lawn mowers, snow blowers, rakes, shovels etc. to maintain the building. Everybody in the association has agreed upon this storage shed. The Applicant has requested the CUP to place a shed in the front yard of this property. This will be the only accessory structure on the lot. The shed will be metal in an egg shell color with coffee colored trim. The condo building is a light brown with both white and brown trim and doors. The shed cannot be located in the back yard because of the limited side yard and year yard area for this property. The front yard is the only reasonable place for a shed. It will be placed next to the trash enclosure. The conditional use permit should include a condition that doors be added to the trash enclosure. ISSUES ANALYSIS Comprehensive Plan: The property is designated as medium density residential in the Comprehensive Land Use Map. The request for a detached accessory structure is consistent with the Comprehensive policies related to medium density land use. Zoning: The property is zoned R-2 Low and Medium Residential District. A conditional use permit has been requested to allow the construction of the accessory structure in the front yard. Section 401.15.D requires construction of an accessory building only in the rear yard unless a conditional use permit is requested. The criteria for reviewing the CUP requests is found later in this report. Setbacks: An accessory structure is required to be at least five feet from side lot lines and six feet or more from any other building or structure on the same lot. The proposed structure will be more than five feet from the side yard and six feet from the condo building. Drainage: Drainage plans for the property with the accessory structure shall be approved by the City Engineer. Accessory Structure Requirements: Section 401.15.D provides a list of requirements for construction of an accessory structure on a property. Please find a review of those that apply to this request: 3.) The accessory structure can be no more than 12 feet in height (midpoint of the gabled roof) unless approved by the Building Official to a total of 17 feet. 2 Comment: The proposed structure will be nine feet in height. 4.) The Ordinance requires the coverage to be less than 25 percent in the rear yard. Comment: The accessory structure will be constructed in the front yard. There are no other structures in the rear or side yard. The shed will occupy less than 25 percent of the front yard. 5.) One accessory structure is allowed per lot. Comment: This will be the only accessory structure on this lot. 6.) The total accessory structure area must be less than 1,000 square feet. Comment: The accessory structure will be 120 square feet. 11.) The same or similar quality exterior material shall be used in the accessory structure and the principal building. Comment: The new structure will be metal but the colors are similar to the door and trim color of the condo building. The condo structure is primarily brick. The Planning Commission should comment. Conditional Use Permit Criteria: Section 401.15.D.13. provides criteria for review of placement of an accessory structure and number of structures on a lot. A review of the criteria is as follows: a) There is a demonstrated need and potential for continued use of the structure for the purpose stated. The property does not have a storage area. The residents are looking to place yard equipment in a secure place out of view. b) In the case of residential uses, no commercial or home occupation activities are conducted on the property. There are no home occupation activities being conducted on the property. c) The building has an evident re-use or function related to the principal use. A shed is considered a reasonable accessory use for a single family structure. d) Accessory buildings shall be maintained in a manner that is compatible with the adjacent residential uses and does not present a hazard to public health, safety and general welfare. The accessory structure will need to be maintained and not present a hazard. 3 e) The reduction of setback requirements is based upon a specific need or circumstance which is unique to the property in question and which, if approved, will not set a precedent which is contrary to the intent of this Ordinance. The accessory structure cannot be placed in the rear of a side yard in that there is not adequate room. The property is unique in that the building is placed so close to the side and rear yards. t) Existing property line drainage and utility easements are provided for and not building will occur upon this reserved space unless approved in writing by the easement holder. The accessory structure shall not conflict with drainage or utility easements. g) The reduction will work toward the preservation of trees or unique physical features of the lot or area No trees will be impacted. h) If affecting a north lot line, the reduction will not restrict sun access from the abutting lots. Sun access will not be impacted to abutting lots i) The building height of an accessory building shall not exceed twenty-five (25) feet. The proposed structure will be nine feet in height. j) Accessory buildings or detached garages or combination thereof within a residential district shall not occupy more than thirty-five (35) percent of the rear yard. The structure is proposed for the front yard. k) The provisions of Section 401.03.A.8 of this Ordinance shall be considered and a determination made that the proposed activity is in compliance with such criteria. City Staff has determined that the proposed accessory structure meets the intent of the criteria found in Section 401.03.A.8 of this Ordinance. CONCLUSION/RECOMMENDATION Upon review of the requests for the Conditional Use Permits, City staff would recommend the placement of the accessory structure with the following conditions: 1. The accessory structure shall be compliant with all Building Code requirements subject to review and approval of the Building Official. 4 2. The Planning Commission shall comment on the metal building material and color of the proposed shed. 3. The Applicant shall add screening gates to the front of the trash enclosure. 4. Drainage plans for the property with the new accessory structure shall be approved by the City Engineer. 5. Any other conditions of the Planning Commission, City Council and City Staff. Pc: Julie Hultman 5 EX # I We would like to build a small shed no larger than 10ft by 12ft and approximately 9ft at peak. The siding and roof will match the existing building.This shed will be used to store equipment,such as lawn mowers,snow blowers, rakes,shovels,etc.to maintain the building. Everybody in the association has agreed upon this storage shed. - 41P 4 ' _ _ `. '„ �i ` € c. *I 2. a'0() e- O o g I 8 e c ra.. ..., ',0 sq,,,, CM(D m �,. 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L End4auAij V TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPC@Plan ni ngCo.corn PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: June 6, 2016 RE: Oak Park Heights — Xcel Energy Substation — Amended Conditional Use to Allow Expansion — Nova Scotia Avenue FILE NO: 236.02 — 16.08 BACKGROUND Brian Sullivan of Xcel Energy has made application for an amended Conditional Use Permit (CUP) to allow expansion of the Xcel Energy Substation on Nova Scotia Avenue. The existing substation is deemed to be at capacity which will require a second transformer, switchgear and a new electric feeder line. The equipment upgrades include a new electrical equipment enclosure. The fenced area will be expanded to accommodate the additional equipment. The property is zoned B-4, Limited Business District in which electrical substations with open and outdoor equipment is a listed conditional use. The original Conditional Use Permit was approved by the City in 1990, and the fence for the facility was approved in 2007. Attached for reference: Exhibit 1: Project Narrative from Xcel Energy— Brian Sullivan Exhibit 2: Proposed Plan Exhibit 3: Topography Layout Exhibit 4: Contour and Grading Layout Plan Exhibit 5: Contour and Grading Layout Sections Exhibit 6: Contour and Grading Layout Sections Exhibit 7: Contour and Grading Layout Details Exhibit 8: Contour and Grading Layout Details Exhibit 9: Contour and Grading Layout SWPPP Plan Exhibit 10: Electrical Layout, 115KV Sections Exhibit 11: Electrical Equipment Enclosure Plan Exhibit 12: Tree Inventory Exhibit 13: Report of the City Arborist Exhibit 14: Report of the City Engineer ISSUES ANALYSIS Project Description. Excerpts from the project narrative are as follows: Project Summary: Xcel Energy is proposing to expand the existing Baytown electrical substation. The expansion will provide reliable electric service to the businesses and residential customers in Oak Park Heights and the surrounding communities in Washington County. The existing substation as configured is at capacity and the customers it serves could be subject to prolonged outages if the upgrades are not made. Xcel is requesting an amendment to the CUP to allow the proposed improvements. Site: The substation property is approximately 1.5 acres in size and is currently used as a distribution electric substation. Xcel is proposing to upgrade the existing equipment and add additional equipment. The property includes a depression behind (east) the substation that will be used for storm water management purposes. A wetland investigation verified that there are no wetlands on the property. The surrounding land uses are commercial in nature. Goodwill has a retail facility to the east of the substation with an access drive and a monument sign to the south. Also to the south are existing electric transmission power lines that provide the power for the substation. Project Overview: Xcel Energy has recently conducted a study of the electrical system in Oak Park Heights. The study identified several areas in the electric grid that need to be upgraded. The study identified that there is a risk of an overload of the system and power may not be restored immediately during periods of peak load activity. To reduce the risk of a major outage a second transformer, switchgear, and a new electric feeder line will be installed. Equipment upgrades include a new electrical equipment enclosure which has among other things enhanced monitoring capabilities. Landscape Plan: The proposed landscape plan is attached. The plan includes a mix of deciduous and evergreen trees that will provide screening from surrounding uses. Because of clearance requirements below power lines, plant material below the power lines has been limited to species that grow to a height of 15 feet. Xcel Energy is proposing to 2 enclose the expanded facility with the same wood privacy fence used to screen the original substation. Security and Design Issues: Per the National Electric Safety Code, the substation will have an 8-foot-tall wood security fence surrounding the facilities. The substation is also equipped with alarms that are continually monitored by our operations center. Security lighting is provided and is not activated unless for emergency repairs. Access and Parking: Access will be via an existing drive off of Nova Scotia Avenue North. As noted earlier this is an unmanned facility. Parking will be provided within the substation facility and the access drive to the substation. Comprehensive Plan. The Comprehensive Plan designates this area as commercial land use. The substation is consistent with this designation. Zoning Ordinance. The site is zoned B-4, Limited Business District in which electrical substations with open and outdoor equipment is a listed conditional use. The original Conditional Use Permit was approved by the City in 1990, and the fence for the facility was approved in 2007. The fence is compliant with setback requirements. The criteria for review of the amended Conditional Use Permit are found later in this report. Parking and Traffic. The substation does not have employees. Parking is available within the substation facility and on the access drive to the substation. Lighting. The facility is not proposed to be lit. Security lighting is provided but is not activated unless needed for emergency repairs. Any non-security lighting, if installed, shall be full cut off and comply with the Zoning Ordinance requirements. Trees/Screening. Trees will be removed to accommodate the larger area required for the substation upgrades. A landscape plan has been provided indicating the locations of new plantings. The tree removal and landscape plan is subject to review and approval of the City Arborist. Fence. The expanded area shall be enclosed with the same solid wall wood privacy fence used currently at the substation. Grading and Drainage. Any grading and drainage issues shall be addressed subject to review and approval of the City Engineer and the Middle St. Croix Watershed Management Organization. 3 Design Guidelines. An electric equipment enclosure will be located at the south side of the substation and within the fence enclosure. It will be 24 feet by 40 feet and 12 feet in height. Utility structures are not subject to Design Guideline review. Bayport Substation. It has been observed that the Bayport Substation in Oak Park Heights has nuisance issues that must be addressed. There is peeling paint on the primary building structure and lighting fixtures that are not full cut off. These issues will need to be addressed prior to allowing work on the Baytown Substation on Nova Scotia. Amended Conditional Use Permit. Electrical substations with open and outdoor equipment is a listed conditional use. The Planning Commission should consider the conformity, environmental issues and impacts of the proposed project in making its recommendation. The Conditional Use Permit criteria, found in Section 401.03.A.7 of the Zoning Ordinance, are found as follows: 1. Relationship to the specific policies and provisions of the municipal comprehensive plan. 2. The conformity with present and future land uses in the area. 3. The environmental issues and geographic area involved. 4. Whether the use will tend to or actually depreciate the area in which it is proposed. 5. The impact on character of the surrounding area. 6. The demonstrated need for such use. 7. Traffic generation by the use in relation to capabilities of streets serving the property. 8. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. 9. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). The expansion of the substation is consistent with the Comprehensive Plan and with present land uses. Due to the location of the substation in a commercial area, and the fencing and landscaping that has been provided, City Staff does not recognize any impact on the surrounding area. Electric distribution is important to the community residents and businesses. There will be not impacts to public services or the City's service capacity. CONCLUSION AND RECOMMENDATION Based upon the preceding review, City staff recommends approval of the application for an amended Conditional Use Permit to allow expansion of the Xcel Energy Substation on Nova Scotia Avenue, subject to the following conditions: 1. Any non-security lighting, if installed, shall be full cut off and comply with the Zoning Ordinance requirements. 2. The tree removal and landscape plan is subject to review and approval of the City Arborist. 4 3. The expanded area shall be enclosed with the same solid wall wood privacy fence used currently at the substation. 4. The City will not require conformance with the Design Guidelines for the project. 5. Any grading and drainage issues shall be addressed subject to review and approval of the City Engineer and the Middle St. Croix Watershed Management Organization. 6. The Applicant shall address and correct the nuisance building conditions (peeling paint) as found on the primary building structure at the Bayport Substation. 7. The Applicant shall replace all building lighting fixtures on the primary building structure at the Bayport Substation with full cut off lighting. 8. No work is permitted nor shall commence at the Baytown Substation on Nova Scotia until the Bayport Substation is brought into compliance with the building conditions and lighting at the Bayport Substation. Pc: Julie Hultman 5 �x . 4t I Xcel Energy® 414 Nicollet Mall 06 RESPONSIBLE BY NATURE• Minneapolis,MN 55401 1-800-895-4999 xcelenergy.com Conditional Use Permit Application Baytown Substation June 9, 2016 Applicant: Northern States Power Co. d/b/a Xcel Energy 414 Nicollet Mall, 06 Minneapolis, MN 55401 Brian Sullivan: 612-330-5825 Email: brian.e.sullivan(cr�xcelenergy.com Property Owner: Northern States Power Co. d/b/a Xcel Energy 414 Nicollet Mall, 06 Minneapolis, MN 55401 Parcel ID Number 05.029.20.11.0032 Project Summary: Xcel Energy is proposing to expand the existing Baytown electrical substation. The expansion will provide reliable electric service to the businesses and residential customers in Oak Park Heights and the surrounding communities in Washington County, The existing substation as configured is at capacity and the customers it serves could be subject to prolonged outages if the upgrades are not made. NSP is requesting an amendment to the CUP to allow for the proposed improvements. Project Location: Washington County, (Section 05 Township 029 Range 020). East side of Nova Scotia Ave. N., approximately 300 feet south of 60th St N Site The substation property is approximately 1.5 acres is in size and is currently used as a distribution electric substation. Xcel is proposing to upgrade the existing equipment and add additional equipment. The property includes a depression behind (east) the substation which will be utilized for storm water management purposes. A wetland investigation verified that there are no wetlands on the property. The surrounding land uses are commercial in nature. Good Will has a retail facility to the east of the Xcel Energy® 414 Nicollet Mall 06 RESPONSIBLE BY NATURE® Minneapolis,MN 55401 1-800-895-4999 xcelenergy.com substation with an access drive and a monument sign to the south. Also to the south are existing electric transmission power lines that provide the power for the substation. The City of Oak Park Heights approved a Conditional Use Permit for the existing facility in 1990 and Xcel Energy received approval for a fencing plan in 2007. Project Overview: Xcel Energy has recently conducted a study of the electric system in Oak Park Heights. The study identified several areas in the electric grid that need to be upgraded. The study identified that there is risk of an overload of the system and power may not be restored immediately during periods of peak load activity. To reduce the risk of a major outage a VI second transformer, switchgear and a new electric feeder line will be installed. Equipment upgrades include a new electrical equipment enclosure which has among other things enhanced monitoring capabilities. Zoning: Jurisdiction is Oak Park Heights Existing Zoning: Limited Business District Proposed Use: Essential Services — Public Utility Substation (34.5kV) Conditional Use Permit are is required for Essential Services Operational Plan: The proposed facility is designed to alleviate overloading of the existing electric system in Oak Park Heights and the surrounding communities. The substation is an unmanned facility that is monitored remotely from our operations control center. Periodically technicians will inspect the substation facilities. Landscape Plan: The proposed landscape plan is attached. The plan includes a mix of deciduous and evergreen trees and shrubs that will provide screening from surrounding uses. Because of clearance requirements below power lines plant material below the power lines has been limited to species that grow to a height of 15'. Xcel Energy is proposing to enclose the expanded facility with the same wood privacy fence used to screen the original substation. Security and Design Standards: Per the National Electric Safety Code, the substation will have an 8' tall wood security fence surrounding the facilities. The substation is also equipped with alarms that are continuously monitored by our operations center. Security lighting is provided, but and is not activated unless needed for emergency repairs. Xcel Energy® 414 Nicollet Mall 06 RESPONSIBLE BY NATURE• Minneapolis,MN 55401 1-800-895-4999 xcelenergy.com Access and Parking: Access will be via an existing,drive off of Nova Scotia Ave. N. As noted earlier this is an unmanned facility. Parking will be provided within the substation facility and the access drive to the substation. Xcel Energy submits this application for an Amended Conditional Use Permit for review by the City of Oak Park Heights to ensure that this facility is compatible with applicable zoning requirements. However by this application, Xcel Energy does not waive or subordinate its utility rights and obligation to develop and construct the proposed improvements to the Baytown Substation. Thank you for your time and consideration. 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V .:E r 2 2m R WN Q C ZZc 7.... 3.114.136V3 iunIti10 v G \ 8 .1 a ;r Ex .4 City of Oak Park Heights 14168 Oak Park Blvd N.•Box 2007•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax 439-0574 Memorandum To: Eric Johnson, City Administrator Cc: Scott Richards, City Planner, Julie Hultman, Building Official From: Lisa Danielson,Arborist Date: 07/1/2016 Re: Baytown Substation-Landscape Plan Review I have reviewed the landscape plan submitted by NSP dated 06/10/16 and the tree inventory dated 06/09/2016. The following includes my comments and/or recommendations: TREE INVENTORY The tree inventory provided is incomplete. A spreadsheet/table should also be included to correspond with the tree inventory provided. Attributes to include are as follows for each tree: Tree ID, species, size (in caliper inches), Remove/Protect, Notes. This information is needed to complete the tree replacement calculation. 1. Please clarify on the tree inventory provided the quantity of birch TBR. (The plan states TW 6" BIRCH TBR) 2. Specify the species for each of the pines. 3. Include the trunk size in caliper inches for all Amur maples. 4. Specify the quantity of Mugo pines included in the hedge. 5. Please reference the City of Oak Park Heights Landscape Guidelines for Developers in the Development Application Packet (Pages 11-15) and City Ordinance 1307. TREE CITY U.S.A. Once a completed tree inventory is submitted to the City, the tree replacement calculation can be computed and trees included in the landscape schedule will be figured into the tree replacement calculation (Number of Caliper Inches). TREE PRESERVATION PLAN 1. A tree preservation plan and diagram must be included to protect the trees listed in the inventory to be preserved which are in close proximity to the construction zone. 2. "No significant trees shall be removed until a tree preservation plan is approved by the City of Oak Park Heights," this must be included in the plans. LANDSCAPE PLAN Overall Landscape Plan The design includes a satisfactory selection of tree and shrub species to be planted on site. Two (2) evergreen tree species, an ornamental deciduous tree species, and five (5) shrub species, ((29) shrubs total). Plant species included in the plans are acceptable and will complement the site well. Landscape Schedule (Plant Schedule) 1. The planting list includes a variety of native or improved native cultivars, species that are hardy under local growing conditions, those that are relatively insect/disease free and fairly low maintenance. 2. The sizes of all replacement evergreen tree species, ornamental tree species, and shrubs are of minimum size requirements for replacement trees. Landscape Notes (Planting Specifications) 1. The plans must include the top two rungs of wire baskets on all B&B planting stock shall be removed once tree is in the planting hole, prior to backfilling. The landscape contractor for the project is required to plant all trees and shrubs according to the approved landscape plan. This will be inspected by the City Arborist after planting and any deviations from the detail will need to be corrected before the landscaping will be approved by the City. This needs to be included in the final submitted landscaping plans. 2. Trees proposed to be planted around buildings and high use common areas of the site should be nursery stock of high quality with straight central leaders and not "park-grade" trees. Please contact me if you have any questions regarding this landscape plan review. Please forward my comments to the development team for this project. 2 TREE CITY U.S.A. EY . +II4- Stantec Consulting Services Inc. 2335 Highway 36 West St.Paul MN 551 13 Stantec Tel: (651) 636-4600 Fax: (651) 636-1311 July 8, 2016 Mr. Eric Johnson,Administrator City of Oak Park Heights 14168 Oak Park Blvd.N.,P.O. Box 2007 Oak Park Heights,MN 55082-2007 Reference: Xcel Baytown Substation— Review of Preliminary Plans Dear Eric, We have performed a review of the preliminary plans submitted 6/14/2016 regarding the proposed Xcel Baytown Substation project. Detailed review of the stormwater calculations and drainage structures will be forthcoming. Following are our comments and recommendations: Stormwater/Drainage 1. The project is subject to review by the Middle St. Croix Watershed Management Organization.The City shall be provided a copy of the permit approval letter from the MSCWMO prior to construction activity. 2. The site is located within the City's High Vulnerability Drinking Water Supply Management Area,and infiltration cannot be allowed per the NPDES construction permit. 3. A detailed review of the stormwater calculations and drainage structures will be forthcoming. It will need to be verified that the proposed discharge to the existing storm sewer system to the north east will not adversely affect the system. Site Plan 1. Landscaping and fencing to be reviewed by others. Grading and Erosion Control Plan 1. As indicated previously,the site is located within the City's High Vulnerability Drinking Water Supply Management Area,and infiltration cannot be allowed per the NPDES Construction Stormwater Permit. 2. The stormwater facilities proposed for the site shall be considered private and shall be owned and maintained by the Owner. 3. Show the extents of the erosion control measures for the slopes and other areas to be stabilized on the grading plan or separate erosion control plan. 4 Mr.Eric Johnson Page 2 of 2 Reference:Xcel Baytown Substation-Review of Preliminary Plans 4. The City reserves the right to require additional erosion control measures as determined/necessary during the construction of the project. . General Comments 1. The City reserves the right to inspect the construction of the project. 2. The Owner will need to comply with all requirements of the NPDES Construction Stormwater Permit and the Middle St.Croix Watershed Management Organization.The City reserves the right to require additional erosion control measures as determined necessary during the construction of the project. 3. The Owner shall be responsible for obtaining all required permits. If you have any questions or require further information,please do not hesitate to contact me. Regards, STANTEC CONSULTING SERVICES INC. Lee M. Mann,P.E. City Engineer Phone: 651-604-4850 lee.mann@stantec.com cc: Andy Kegley, Public Works Director Julie Hultman, Building Official Scott Richards,City Planner Mark Vierling,City Attorney Lisa Danielson,City Arborist fir: ,dh „r munnr 3rErri'id Enclosuku 4 T 3601 Thurston Avenue N. Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPC@PlanningCo.com 1 MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: July 6, 2016 RE: Oak Park Heights — Transient Lodging — Planning Commission Review TPC FILE: 236.13 At its June 9, 2016 meeting, the Planning Commission held a public hearing and considered issues related to transient housing, or more generally known as short term rentals of single family housing. A draft amendment to the Zoning Ordinance had been prepared for the Planning Commission. Owners of transient lodging facilities were present at the public hearing. There were concerns related to some of the provisions in the draft amendment and it was determined to continue the public hearing to the July 14, 2016 meeting. A meeting of the transient lodging facility owners, members of the Planning Commission, a member of the City Council, and City Staff was to be scheduled before the next Planning Commission to come to a resolution related to the language in the draft amendment. A meeting was scheduled for June 29, 2016 that was attended by Louise and Martin Fenner at 6315 Pecan Avenue, Melanie Ebertz at 6337 Paris Avenue, Mike Runk, Jim Kremer, Robin Anthony, Eric Johnson and Scott Richards. From that meeting there was a better understanding of the transient lodging facilities that exist in Oak Park Heights. As a result of those discussions, revisions were made to the draft amendment that are more specific and relevant to transient lodging facilities in Oak Park Heights. The regulations are designed to define and allow for transient housing within the Home Occupations section of the Zoning Ordinance, and to place reasonable limitations so that neighbors are not inconvenienced by these activities. Staff has suggested that the definitions be placed in 401.02 B, and the regulations be placed in Section 401.15 M, Home Occupations in that it is reasonably related to this category of land use. The revised draft amendment is as follows. This includes only the revised language. The Home Occupations section dated July 6, 2016, as attached, includes the strike out and new language in bold. Section 401.15 M, Definitions: Family: An individual or two (2) or more persons related by blood marriage, or adoption or a group of not more than three (3) persons who need not be related by blood or marriage living together in a dwelling unit except for transient guests being accommodated in a bed and breakfast or transient lodging facility. (The number of persons herein defined are the basis upon which performance standards are established within this Ordinance). Transient Lodging: A building or facility constructed solely as a single family home and where compensation of any kind is provided to the owner or their designee in exchange for periodic lodging to transient guests. Transient Guest(s): A person or persons who maintains a permanent residence not in the transient housing and rents or occupies a room or home for a limited duration of less than thirty-one days. Section 401.15 M, Home Occupations: 4. Transient Lodging. Transient Lodging shall be considered in all Residential Districts with the issuance of a Conditional Use Permit according to Section 401.03.A.7 and that the following criteria are satisfactory met. a. General Provisions. Only a detached single family home may be utilized for transient lodging consistent with the terms and conditions found herein: 1) The facility shall have a State issued license for lodging and/or food service, and/or comply with and maintain all health, safety, building, and fire codes as may be required or applicable by the Building Official. The owner is responsible to ensure the facility is code compliant. 2) The owner may or may not occupy the structure while such facility is being utilized as a transient lodging facility. There shall be a limit of three transient guests per bedroom and a limit of three bedrooms for transient lodging in the facility. 3) All bedroom units shall be established within a principal structure or accessory structure. 4) No transient lodging facility shall be located closer than at least five hundred (500) feet from other bed and breakfast facilities and/or transient lodging as measured from property lines. 5) Dining and other facilities shall not be opened to the public but shall be used exclusively by the registered guests of the facility. 2 6) Two (2) off-street parking spaces shall be provided for the facility plus one for each bedroom over two bedrooms. No parking spaces shall be located in the front yard of the property, other than on an existing driveway. All parking areas shall be improved with asphalt, concrete, or materials suitable to control dust and drainage as approved by the City Engineer. 7) All signing and informational or visual communication devices shall be in compliance with Section 401.15.G of this Ordinance and/or as may be restricted by the City Council. 8) Adequate lighting shall be provided between the principal structure and the parking area for the safety of guests. 9) Any excessive occupant noise reported to the City and in violation of City Code shall receive a warning on the first offense and a citation on the second. Continued citations shall be grounds for the suspension or revocation of use permits by the City Council. 10)All transient lodging conditional use permits may be reviewed, including site inspections, by the Building Official at any time. If violations of City ordinances, Building Code, Fire Code or conditions of approval are found, the City Administrator shall schedule a public hearing of the City Council to review the conditional use permit and conditions. Upon review, the City Council may revise or cancel the conditional use permit. 11)Any applicable lodging or room tax as established by City Ordinance shall be paid by the owner of the property to the City. 5. Non-Conforming Use. Existing home occupations and transient lodging lawfully existing on the date of this Ordinance may continue as non-conforming uses. They shall, however, be required to obtain permits for their continued operation. Any existing home occupation or transient lodging that is discontinued for a period of more than thirty (30) days, or is in violation of the Ordinance provisions, under which it was initially established, shall be brought into conformity with the provisions of this Section. 6. Inspection. The City of Oak Park Heights hereby reserves the right upon issuing any home occupation or transient lodging permit to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this Section or any conditions additionally imposed. 3 ATTACHED FOR REFERFENCE Exhibit 1: Section 401.15.M Home Occupations with Proposed Amendments, July 6, 2016 Exhibit 2: Adopting Ordinance for Amendments CONCLUSION/RECOMMENDATION The public hearing has been continued to the June 9, 2016 Planning Commission meeting to consider this Zoning amendment. The Planning Commission should review the text, make any changes and provide a recommendation for the City Council. 4 Ex . $ I July 6, 2016 401.15.M. Home Occupations. 1. Purpose. The purpose of this Section is to maintain the character and integrity of residential areas and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood. In addition, this Section is intended to provide a mechanism enabling the distinction between permitted home occupations and special or customarily"more sensitive" home occupations, so that permitted home occupations may be allowed through an administrative process rather than a legislative hearing process. 2. Procedures and Permits. 2 a. Permitted Home Occupation. Any permitted home occupation as defined in this Ordinance, and subject to the performance standards of this Section, may be conducted solely within a single family detached dwelling (excluding attached garage space and/or any accessory structures). The permitted home occupation shall require a "permitted home occupation permit". Such permits shall be issued subject to the conditions of this Section, other applicable City Ordinances and State law. This permit may be issued by the Zoning Administrator based upon proof of compliance with the provisions of this Section. Application for the "permitted home occupation permit" shall be accompanied by a fee as adopted by the City Council. If the Zoning Administrator denies a permitted home occupation permit to an applicant, the applicant may appeal the decision to the City Council. The permit shall remain in force and effect until such time as there has been a change in conditions or until such time as the provisions of this Section have been breached. An annual fee, as set by the City Council, will be charged to the applicant. At such time as the City has reason to believe that either event has taken place, a public hearing shall be held before the Planning Commission, following the procedural provisions of a conditional use permit in Section 401.03 of this Ordinance. The City Council shall make a final decision on whether or not the permit holder is entitled to the permit. b. Special Home Occupation. Any home occupation which does not meet the specific requirements for a permitted home occupation as defined in this Section shall require a "special home occupation permit" which shall be applied for reviewed and disposed on in accordance with the procedural provisions of a conditional use permit found in Section 401.03 of this Ordinance. c. Declaration of Conditions. The City Council may impose such conditions on the granting of a special home occupation permit as may be necessary to carry out the purpose and provisions of this Section. d. Transferability. Permits shall not run with the land and shall not be transferable. e. Lapse of Special Home Occupation Permit by Non-Use. Whenever within one (1) year after granting a permit the use as permitted by the permit shall not have been initiated, then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. Such extension shall be requested in writing and filed with the Zoning Administrator at least thirty(30) days before the expiration of the original permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to initiate the use. Such petition shall be presented to the City Council for a decision. 2 f. Reconsideration. Whenever an application for a permit has been considered and denied by the City Council, a similar application for a permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six (6) months from the date of its denial unless a decision to reconsider such matters is made by not less than four-fifths (4/5) vote of the City Council. 3. Requirement-General Provisions. All home occupations shall comply with the following general provisions and according to definition, the applicable requirement provisions. a. General Provisions. 1) No home occupation shall produce light, glare, noise, odor, vibration, smoke, dust, heat, or hazardous or toxic material shall not be produced, stored, or kept on the premises that will in any way have an objectionable effect upon adjacent or nearby property. 2) No equipment shall be used in the home occupation which will create electrical interference to surrounding properties. 3) Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses. 4) No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations. 5) There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on the site. 6) The home occupation shall meet all applicable fire and building codes. 12 7) All signing and informational or visual communication devices shall be in compliance with Section 401.15.G of this Ordinance. 8) All home occupations shall comply with the provisions of the City Code. 9) No home occupation shall be conducted between the hours of 10:00 pm. and 7:00 am. unless said occupation is contained entirely within the principal building, excluding attached garage space, and will not require any on-street parking facilities. 10) No commodity shall be sold on the premises. 11) Not over twenty-five (25) percent of any one story can be used for a home occupation. b. Requirements-Permitted Home Occupations. 1) No person other than those who customarily reside on the premises shall be employed. 2) The general public shall not come to the premises in question for purposes pertaining to the conduct of the home occupation. 3) All permitted home occupations shall be conducted entirely within the principal dwelling, excluding attached garage space, and may not be conducted in an accessory building. c. Requirements-Special Home Occupation. 1) No person other than a resident shall conduct the home occupation. 1,32 2) Special home occupations shall be limited to only those activities of a non-residential nature which are specified as allowed by state statute or regulation such as day care group nursery or which comply with Sections a and b above (except for b.2), but are conducted entirely within the principal building, attached garage space, or detached accessory building. 3) Special home occupations may be allowed to accommodate their parking demand through utilization of on-street parking. In such cases where on-street parking facilities are necessary, however, the City Council shall maintain the right to establish the maximum number when and where changing conditions require additional review. 32 4). The general public shall be permitted to come to the premises in questions for purposes pertaining to the conduct of the home occupation. 4. Transient Lodging. Transient Lodging shall be considered in all Residential Districts with the issuance of a Conditional Use Permit according to Section 401.03.A.7 and that the following criteria are satisfactory met. a. General Provisions. Only a detached single family home may be utilized for transient lodging consistent with the terms and conditions found herein: three thousand (3,000) square feet of lot area per bedroom unit. Not and total occupancy capacity may be calculated via the established 2) The facility shall have a State issued license for lodging and/or food service, and/or comply with and maintain all health, safety, building, and fire codes as may be required or applicable by the Building Official. The owner is responsible to ensure the facility is code compliant. 3) The owner may or other non transient guests may not occupy the structure while such facility is being utilized as a transient lodging facility. There shall be a limit of three transient guests per bedroom and a limit of three bedrooms for transient lodging in the facility. by more or other non transient guests. 4) All bedroom units shall be established within the principal structure or accessory structure. 5) The principal structure of the facility being used for transient lodging facility housing shall have a minimum size of one thousand seven hundred fifty (1,750) gross square feet and at least one bathroom the facility r-rc-rFvmrr 6) No transient lodging facility shall be located closer than at least five hundred (500) feet from other bed and breakfast facilities and/or transient lodging as measured from property lines. 7) Dining and other facilities shall not be opened to the public but shall be used exclusively by the registered guests of the facility. 8) Two (2) off-street parking spaces shall be provided for the facility plus one for each bedroom over two bedrooms. No parking spaces shall be located in the front yard of the property, other than on an existing driveway. All parking areas shall be improved with asphalt, concrete or materials suitable to control dust and drainage as approved by the City Engineer. but shall be exempt from other commercial parking requirements of the Zoning Ordinance. 9) All signing and informational or visual communication devices shall be in compliance with Section 401.15.G of this Ordinance and/or as may be restricted by the City Council. 10)Adequate lighting shall be provided between the principal structure and the parking area for the safety of guests. A - • - - - - - • - - - 11)Any excessive occupant noise reported to the City and in violation of City Code shall receive a warning on the first offense and a citation on the second. - •_ •_ - • - _ -- _ • - - - __ -.. Continued violations shall be grounds for the suspension or revocation of use permits by the City Council. 12)All transient lodging conditional use permits may be reviewed, including site inspections, by the Building Official Community Development Department at any time. If violations of City ordinances, Building Code, Fire Code or conditions of approval are found, the City Administrator _ _ • • _ - - _ . ••- • ! - - : shall schedule a public hearing of the City Council to review the conditional use permit and conditions. Upon review - - _ _ _ _ • •• _ --_ . -• - _ _ _ the City Council may revise or cancel the conditional use permit. 13)All solid wastes, recycling and/or related wastes generated from transient guests shall—be independently disposed of by the property 15)Any applicable lodging or room tax as established by Ordinance shall be paid by the owner of the property to the City. 5. Non-Conforming Use. Existing home occupations and transient lodging lawfully existing on the date of this Ordinance may continue as non-conforming uses. They shall, however, be required to obtain permits for their continued operation. Any existing home occupation or transient lodging that is discontinued for a period of more than thirty (30) days, or is in violation of the Ordinance provisions, under which it was initially established, shall be brought into conformity with the provisions of this Section. 6. Inspection. The City of Oak Park Heights hereby reserves the right upon issuing any home occupation or transient lodging permit to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this Section or any conditions additionally imposed. EX . fz CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2016 - AN ORDINANCE AMENDING CHAPTER 401, ZONING ORDINANCE TO ADD LANGUAGE RELATED TO TRANSIENT LODGING IN SECTION 401.02.13 DEFINITIONS AND 401.15.M HOME OCCUPATIONS THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS: SECTION 1. Section 401.02.B Definitions, is amended to include the following: 401.02. B DEFINITIONS. Family: An individual or two (2) or more persons related by blood marriage, or adoption or a group of not more than three (3) persons who need not be related by blood or marriage living together in a dwelling unit except for transient guests being accommodated in a bed and breakfast or transient lodging facility. (The number of persons herein defined are the basis upon which performance standards are established within this Ordinance). Transient Lodging: A building or facility constructed solely as a single family home and where compensation of any kind is provided to the owner or their designee in exchange for periodic lodging to transient guests. Transient Guest(s): A person or persons who maintains a permanent residence not in the transient housing and rents or occupies a room or home for a limited duration of less than thirty-one days. SECTION 2. Section 401.15.M Home Occupations, is amended to read as follows: Section 401.15 M, Home Occupations: 4. Transient Lodging. Transient Lodging shall be considered in all Residential Districts with the issuance of a Conditional Use Permit according to Section 401.03.A.7 and that the following criteria are satisfactory met. a. General Provisions. Only a detached single family home may be utilized for transient lodging consistent with the terms and conditions found herein: 1) The facility shall have a State issued license for lodging and/or food service, and/or comply with and maintain all health, safety, building, and fire codes as may be required or applicable by the Building Official. The owner is responsible to ensure the facility is code compliant. 2) The owner may or may not occupy the structure while such facility is being utilized as a transient lodging facility. There shall be a limit of three transient guests per bedroom and a limit of three bedrooms for transient lodging in the facility. 3) All bedroom units shall be established within a principal structure or accessory structure. 4) No transient lodging facility shall be located closer than at least five hundred (500) feet from other bed and breakfast facilities and/or transient lodging as measured from property lines. 5) Dining and other facilities shall not be opened to the public but shall be used exclusively by the registered guests of the facility. 6) Two (2) off-street parking spaces shall be provided for the facility plus one for each bedroom over two bedrooms. No parking spaces shall be located in the front yard of the property, other than on an existing driveway. All parking areas shall be improved with asphalt, concrete, or materials suitable to control dust and drainage as approved by the City Engineer. 7) All signing and informational or visual communication devices shall be in compliance with Section 401.15.G of this Ordinance and/or as may be restricted by the City Council. 8) Adequate lighting shall be provided between the principal structure and the parking area for the safety of guests. 9) Any excessive occupant noise reported to the City and in violation of City Code shall receive a warning on the first offense and a citation on the second. Continued citations shall be grounds for the suspension or revocation of use permits by the City Council. 10)All transient lodging conditional use permits may be reviewed, including site inspections, by the Building Official at any time. If violations of City ordinances, Building Code, Fire Code or conditions of approval are found, the City Administrator shall schedule a public hearing of the City Council to review the conditional use permit and conditions. Upon review, the City Council may revise or cancel the conditional use permit. 11)Any applicable lodging or room tax as established by City Ordinance shall be paid by the owner of the property to the City. 5. Non-Conforming Use. Existing home occupations and transient lodging lawfully existing on the date of this Ordinance may continue as non- conforming uses. They shall, however, be required to obtain permits for their continued operation. Any existing home occupation or transient lodging that is discontinued for a period of more than thirty (30) days, or is in violation of the Ordinance provisions, under which it was initially established, shall be brought into conformity with the provisions of this Section. 6. Inspection. The City of Oak Park Heights hereby reserves the right upon issuing any home occupation or transient lodging permit to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this Section or any conditions additionally imposed. SECTION 3. The Planning Commission of the City of Oak Park Heights held public hearings at their June 9, 2016 and July 14, 2016 meetings, took comments from the public, and recommended that the City Council approve amendments to the home occupation provisions to include transient housing. SECTION 4. This Ordinance shall be in full force and effect upon its passage and publication. PASSED this 26th day of July, 2016 by the City Council of the City of Oak Park Heights. CITY OF OAK PARK HEIGHTS Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator