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HomeMy WebLinkAbout2016-07-26 CC Meeting Packet Enclosure . Oak Park Heights Request for Council Action Meeting Date July 26 6.2016 Time Required: 5 Minutes Agenda Item Title: Transient Housing Ordinance Amendments. (Air B&B-type) Agenda Placement Old Business Originating Department/Req ' ; ,o• i Administrator Requester's Signature Action Requested Discus: • 'ossible Action Background/Justification y indicate if any previous action has been taken or if other public bodies have advised): / In April 2016,the City Council requested that City Staff and Planning Commission review options for adoption of ordinances that generally authorize and regulate transient housing—such as an AIR B&B-type facility. Please see the July 6th memo from the City Planner that outlines the most recent action on the matter and the proposed ordinances that could be considered for adoption. Also enclosed is the Planning Commission Resolution—Unsigned. Page 93 of 254 TPC3601 Thurston Avenue N.Suite 100 Anoka, MN 55303 Phone:763.231.5840 Facsimile: 763.427.0520 TPCQPIanningCo.com 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. Page 94 of 254 • Section 40115 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 Page 95 of 254 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 Page 96 of 254 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 Page 97 of 254 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. Page 98 of 254 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. Page 99 of 254 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. Page 100 of 254 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: - - - _ - -- - _ - =- - •• - - 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 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-mere 4) All bedroom units shall be established within the principal structure or accessory structure. the facility. 6) No transient lodging facility shall be located closer than at least five hundred (500) e-hundred-WO) 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. - - - - _ _ _ - • _ • - _ Page 101 of 254 9) All signing and informational or visual communication devices shall be in compliance with Section 401.16.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. 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 went 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. approval of a City 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. Page 102 of 254 • 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: Page 103 of 254 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 Page 104 of 254 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 Page 105 of 254 A RECOMMENDING RESOLUTION OF THE PLANNING COMNIISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL AN ORDINANCE AMENDMENT TO ADD LANGUAGE RELATED TO TRANSIENT LODGING IN SECTION 401.02.B DEFINITIONS AND 401.15.M HOME OCCUPATIONS WHEREAS,the City Council of the City of Oak Park Heights requested that the Planning Commission consider Ordinance amendments to add language related to transient lodging in Section 401.02.B Definitions and 401.15.M Home Occupations. The Planning Commission of Oak Park Heights makes the following findings of fact: 1. The City Council,at its April 26,2016 meeting determined that the Planning Commission should review Section 401.02.B Definitions and Section 401.15.M Home Occupations as it relates to transient lodging;and 2. Transient housing is 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;and 3. At their June 9,2016 meeting,the Planning Commission reviewed the Zoning Ordinance and the regulations drafted by City Staff and determined that it was necessary to amend the definitions and home occupation provisions. The regulations are designed so as not to prohibit transient housing,but to place reasonable limitations so that neighbors and neighbors are not inconvenienced by these activities; and 4. Owners of transient lodging facilities were present at the June 9,2016 meeting and addressed issues with the draft regulations. The Planning Commission agreed to continue the public hearing to the July 14,2016 meeting and to schedule a meeting of the transient lodging owners,members of the P anning Commission,a member of the City Council,and City Staff to discuss the draft regulations; and 5. A meeting was held on June 29,2016 that was attended by transient lodging owners,Planning Commission members,a City Council member and City Staff The discussion resulted in amendments that were acceptable to all of the participants;and Page 106 of 254 6. The Planning Commission held the continued public hearing at their July 14,2016 meeting and recommended amendments to the Zoning Ordinance as found in the revised Section 401.15.M Home Occupations and in the revised Section 401.02.B Definitions,both draft sections being on file at City Hall;and 7. The Planning Commission makes the following recommendation: NOW,THEREFORE,BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMNIISSION RECOMMENDS THE FOLLOWING: A. Section 401.02.B Definitions of the Zoning Ordinance is amended to add definitions related to transient housing. B. Section 401.15.M Home Occupations of the Zoning Ordinance is amended to add provisions related to transient housing,including allowing transient housing in all residential districts by Conditional Use Permit,and adding reasonable conditions to protect surrounding neighbors and neighborhoods. C. Copies of the recommended Zoning Ordinance amendments are on file at City Hall. Recommended by the Planning Commission of the City of Oak Park Heights this 14th day of July,2016. Jim Kremer, Chair ATTEST: Eric A.Johnson,City Administrator 2 Page 107 of 254