HomeMy WebLinkAbout2016-07-06 Planning Memorandum &\CiOAMJ 4
TP 3601 Thurston Avenue N. Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPC@PlanningCo.corn
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:
• -- --- - -- e e e- -
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
than two transient guests at any one time. Only one bedroom may be
or other non transient guests.
4) All bedroom units shall be established within the principal structure or
accessory structure.
facility housing shall have a minimum size of one thousand seven
hundred fifty (1,750) gross square feet and at least one bathroom
the-fa-sity.
6) No transient lodging facility shall be located closer than at least five
hundred (500) nine hundred (900) 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. • - • • - .e ' •• t - e-
-
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
Department at any time. If violations of City ordinances, Building Code,
Fire Code or conditions of approval are found, the City Administrator
_ _ • • - ' P- - _ _ . - - - _ : 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)AIl solid wastes, recycling and/or related wastes generated from
days in a thirty day period.
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 • b
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.B 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 26t" 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