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.
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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.
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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.
Regards,
•
Brian Sullivan
Siting and Land Rights Agent
P: 612.330.5925 I C:612.366.0234 I F: 612.329.3096
Email: brian.e.sullivan@xcelenergy.com
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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
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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