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HomeMy WebLinkAbout2016-06-01 Planning Memorandum TPC 3601 Thurston Avenue N, Suite 100 . Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 FE TPCQPIanningCo.com MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: June 1, 2016 RE: Oak Park Heights — Transient Lodging — Planning Commission Review TPC FILE: 236.13 At its February 23, 2016 meeting, the City Council asked Staff to review and consider issues related to transient housing, or more generally known as short term rentals of single family housing. Airbnb is the name of one of the websites that represents persons that desire to rent their home or property to a third party for a short term use, such as a vacation or business traveler. There are other companies such as HomeAway (VRBO), Rentbyowner or Tripping.com that offer the same services. A draft of the transient housing regulations was presented to the City Council for their consideration on April 26, 2016. They directed City Staff to take the draft language to the Planning Commission for a public hearing. As follows is the draft language in bold. The regulations are designed not to prohibit transient housing but to place reasonable limitations so that neighbors and 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. Section 401.15 M, Definitions: 1. 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. 2. 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 parcel on which the facility is located shall accommodate at least three thousand (3,000) square feet of lot area per bedroom unit. Not more than two persons may occupy any one code compliant bedroom and total occupancy capacity may be calculated via the established number of compliant bedrooms. 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 or other non-transient guests may not occupy the structure while such facility is being utilized as a transient lodging facility by more than two transient guests at any one time. Only one bedroom may be allocated to the transient guests while the site is occupied by the owner or other non-transient guests. 4) All bedroom units shall be established within the principal 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 (consisting of a shower, toilet and sink) for every four persons occupying the facility. 6) No transient lodging facility shall be located closer than at least 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 2 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, 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. All external lighting shall be regulated by conditional use permit. 11)Any excessive occupant noise reported to the City and in violation of City Code shall receive a warning on the first offense and eviction by the owner on the second. Continued violations shall be grounds for the suspension or revocation of use permits 12)All transient lodging conditional use permits may be reviewed, including site inspections, by the Community Development Department at any time. If violations of City ordinances, Building Code, or conditions of approval are found, the Community Development Director shall schedule a public hearing of the Planning Commission to review the conditional use permit and conditions. Upon a Planning Commission recommendation, 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 owner and not remitted into the City's systems without separate written approval of the City. 14)No transient lodging shall be supplied to any one occupant or group of occupants for more than ten consecutive days or for more than twenty days in a thirty-day period. 15)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. 3 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. ATTACHED FOR REFERFENCE Exhibit 1: Section 401.15.M Home Occupations with Proposed Amendments Exhibit 2: Adopting Ordinance for Amendments CONCLUSION/RECOMMENDATION A public hearing has been scheduled for 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 rXHIBW '1 401.15.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: 1) The parcel on which the facility is located shall accommodate at least three thousand (3,000) square feet of lot area per bedroom unit. Not more than two persons may occupy any one code compliant bedroom and total occupancy capacity may be calculated via the established number of compliant bedrooms. 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 or other non-transient guests may not occupy the structure while such facility is being utilized as a transient lodging facility by more than two transient guests at any one time. Only one bedroom may be allocated to the transient guests while the site is occupied by the owner or other non-transient guests. 4) All bedroom units shall be established within the principal 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 (consisting of a shower, toilet and sink) for every four persons occupying the facility. 6) No transient lodging facility shall be located closer than at least 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, 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. All external lighting shall be regulated by conditional use permit. 11)Any excessive occupant noise reported to the City and in violation of City Code shall receive a warning on the first offense and eviction by the owner on the second. Continued violations shall be grounds for the suspension or revocation of use permits 12)All transient lodging conditional use permits may be reviewed, including site inspections, by the Community Development Department at any time. If violations of City ordinances, Building Code, or conditions of approval are found, the Community Development Director shall schedule a public hearing of the Planning Commission to review the conditional use permit and conditions. Upon a Planning Commission recommendation, 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 owner and not remitted into the City's systems without separate written approval of the City. 14)No transient lodging shall be supplied to any one occupant or group of occupants for more than ten consecutive days or for more than twenty 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. 1 EXHIBIT 2 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. 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 parcel on which the facility is located shall accommodate at least three thousand (3,000) square feet of lot area per bedroom unit. Not more than two persons may occupy any one code compliant bedroom and total occupancy capacity may be calculated via the established number of compliant bedrooms. 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 or other non-transient guests may not occupy the structure while such facility is being utilized as a transient lodging facility by more than two transient guests at any one time. Only one bedroom may be allocated to the transient guests while the site is occupied by the owner or other non- transient guests. 4) All bedroom units shall be established within the principal 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 (consisting of a shower, toilet and sink)for every four persons occupying the facility. 6) No transient lodging facility shall be located closer than at least 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, 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. All external lighting shall be regulated by conditional use permit. 11)Any excessive occupant noise reported to the City and in violation of City Code shall receive a warning on the first offense and eviction by the owner on the second. Continued violations shall be grounds for the suspension or revocation of use permits 12)All transient lodging conditional use permits may be reviewed, including site inspections, by the Community Development Department at any time. If violations of City ordinances, Building Code, or conditions of approval are found, the Community Development Director shall schedule a public hearing of the Planning Commission to review the conditional use permit and conditions. Upon a Planning Commission recommendation, 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 owner and not remitted into the City's systems without separate written approval of the City. 14)No transient lodging shall be supplied to any one occupant or group of occupants for more than ten consecutive days or for more than twenty days in a thirty-day period. 15)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 a public hearing at their June 9, 2016 meeting, 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 27th day of June, 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