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HomeMy WebLinkAbout03-08-2001 Planning Commission Meeting Packet CITY OF OAK PARK HEIGHTS T PLANNING COMMISSION .fir a. MEETING AGENDA Thursday, March S, 2001 - 7 :00 PM 7 :00 I. Call To Order /Approval of Agenda II. Approve Planning Commission Minutes - February 8, 2001 (1) 7:05 III. 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. IV. Public Hearings A. Continued: R -1, Single Familv Residential Zoning District: To consider an ordinance amendment and/or adoption of a resolution expanding the R -1 zoning district to include Bed and Breakfasts as a conditional use. (2) B. Continued: P -I, Public Institutional Zoning District: To consider an ordinance and /or adoption of a resolution establishing a P -1, Public Institutional zoning district and O, Open Space district revisions. (3) 8:15 V. New Business A. Organizational Meeting: Elect Chair and Vice Chair (4) B. Planning Projects /Public Hearings - 2000 (5) VI. Old Business A. Goal Setting - 2001 VII. Informational A. Browns Creek Watershed Plan (6) B. Tree Talk: Tree Selection, Planting 8. Care Presentation (7) VIII. Adjournment Upcoming Meetings: April 12, 2001 - Regular Meeting - 7:00 PM Council Representative: March - Commissioner Dwyer April - Commissioner Vogt . ENCLOSURE 1 �� CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEET • ING MINUTES Thursday, February 8, 2001 Call To Order: Chair Hedlund called the meeting to order at 7:00 p.m. Present: Commissioners Dwyer, Runk, Vogt, and Wasescha. Staff Present: City Planner Richards and Council Liaison McComber. Absent: Community Development Director Danielson Approval of Agenda: Commissioner Wasescha, seconded by Commissioner Vogt, moved to approve the Agenda with the addition of March Organizational Meeting as item C. under Informational. Carried 5 -0. Welcome Commissioners Mike Runk and George Vogt: Chair Hedlund introduced Commissioners Runk and Vogt to the audience and welcomed them. Approval of December 14, 2000 Minutes Commissioner Dwyer, seconded by Commissioner Wasescha, moved to approve the minutes as presented. Carried 3 -0 -2, Vogt and Runk abstained. Approval of January 11, 2001 Minutes,: Commissioner Dwyer, seconded by Commissioner Wasescha, moved to approve the minutes as presented. Carried 3 -0 -2, Vogt and Runk abstained. Visitors: None. Public Hearings: A. R -1, Single Family Residential Zoning District: To consider an ordinance amendment and /or adoption of a resolution expanding the R - 1 zoning district to include Bed and Breakfasts as a conditional use: City Planner Richards provided the Commission with an overview of the history behind the request, reviewed his report and draft ordinance. Additionally, Planner Richards noted some of the Bed and Breakfast requirements in place by the City of Stillwater. Commission members inquired as to establishing age criteria of homes for potential Bed and Breakfast use, number of units allowable, condition of annual review of such facilities and signage issues. Chair Hedlund opened the hearing for public comment at 7:21 p.m. Jack Doerr - 14520 Upper 56th St. N., informed the Commission that it was his understanding that every home within the City of Oak Park Heights zoned R -1 was notified by mail of the public hearing. He suggested that the Commission consider establishing a maximum number of rooms and indicated that he liked the idea of • regulating the use under a conditional use permit in that it allows for monitoring of the business as it affects the surrounding neighborhood and its compliance to city requirements. Planning Commission Minutes February 8 2001 Page 2 of 3 Chuck Dougherty - 15330 58th St., N., stated that he liked the variance option for determining the number of rooms to be allow p ed. He explained to the Commission that the Cover Park Manor seeks an expansion to ten rooms to accommodate what he feels would be needed for participants of the small conferences he hopes to be able to serve at his Bed and Breakfast. Discussion ensued as to room numbers within neighboring bed and breakfasts various conditions of the Planner's report, public use of the facility, parking, owner occupancy g p Y regulations, transferability issues, long -term use of the property, facility Y use as a conference site, and how amendment of the ordinance would affect other established ordinances. Commissioner Vogt, seconded by Commissioner Wasescha, moved to continue the public hearing to March 8, 2001 in order to afford increased participation from the community nd to provide the p y p e City Planner with an opportunity to obtain and provide the Commission with Bed and Breakfast ordinance examples from other community's. Carried 5 -0. New Business: A. Presentation of Brown's Creek Watershed Plan: I* Ned Brown, Camilla Correll and Julie Westerlund introduced themselves to the Commission and explained that they were presenting the second- generation p lan to them at the request of the City Council. Julie Westerlund provided a general overview of watersheds, land and water quality Y issues and how it all comes together. She presented the plan, nothing that t was developed with a focus on supporting the existing plan rules and issues that had been identified by community members. It was noted that Brown's Creek Watershed District and the Middle St. Croix Watershed Management Organization were working on a merger. Also noted was that once the second - generation plan is completed, the City of Oak Park Heights has two years to develop their own plan or to adopt the plan by reference. The review process was explained to the Commission and they were thanked for their time. Commission members indicated that this was the first time they had received information on the matter and that historically it has been the City Council who has dealt with this. They further expressed that they felt that they would need direction from the City Council as to what their plan of direction is on the subject before they could provide any meaningful feedback. Jack Doerr - 14520 Upper 56th St. N., noted that he was concerned about hearin g that the City of Lake Elmo did not plan to meet on this and expressed that in light of development within Lake Elmo and its proximity to the creek it seems that they should be. The Commission thanked the presenters for their time and presentation. r r Planning Commission Minutes February 8 2001 Old Business: Page 3 of 3 A. Update Commission Representative Schedule: The Commissioners updated the schedule of Commission representation at the City Council meetings through October, 2001 as follows: April - Commissioner Vogt August - Commissioner Hedlund May - Commissioner Wasescha September - Commissioner Vogt June - Commissioner Runk October - Commissioner Runk July - Commissioner Dwyer Informational/ Up date: A. Ponv Express Auto Wash Tabled to February 13, 2001: City Planner Richards updated the Commission as to the proposed projects issues of concerned and noted that they would be discussed at the February 13, 2001 meeting of the City Council. B. CBD Workshop Scheduled for February 5, 2001: City Planner Richards reviewed Community Development Director Danielson's memo summarizin g the meeting:_ Discussion ensued among the Commission as to interest in the project, the scale of the project and various elements and concern that the concept should be revisited. Commissioner Wasescha, seconded by Commissioner Dwyer, moved to request a joint workshop with the City Council, the Parks Commission, City Staff and other interest parties to discuss issues related to the CBD project and watershed district issues. Carried 5 -0. C. March Organizational Meeting: Commissioner Dwyer noted that in March the Commission is expected to have its annual organizational meeting and discussion of goal setting as established by the Commission's Bylaws. Adiournment: Commissioner Vogt, seconded by Commissioner Runk, moved to adjourn at 9:05 p.m. Carried 5 -0. Respectfully submitted, t Julie A. Hultman Community Development Secretary Approved by the Planning Commission: NAC C*l14%U1LT4kt4T411 INC, 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 nac@winternet.com MEMORANDUM EMC' n � " TO: Tom Melena FROM: Scott Richards DATE: February 22, 2001 RE: Oak Park Heights —Bed and Breakfast Zoning FILE N0: 798.04 — 01.01 a The Planning Commission, at their February 8, 2001 meeting, held a public hearing and discussed revisions to the Zoning Ordinance to allow expansion of the bed and breakfast use in the City. The Planning Commission discussed allowing bed and breakfasts as conditional uses in all residential districts, but with significant conditions that would limit the use to the Village and Upper neighborhoods of Oak Park Heights. Residents were present at the public hearing and spoke to the issue of an expanded bed and breakfast use. The Planning Commission determined that it would hold the hearing open to their meeting on March 8, 2001 to allow additional notification via the City newsletter. The Planning Commission suggested minor changes to the draft ordinance, in particular the conditions for allowing bed and breakfast facilities in residential districts. A revised ordinance that reflects the suggested changes is attached. Planning Commission members as well as Mary McComber, the City Council liaison expressed concern about conditions j and k, especially as it affects neighborhoods and parking. The draft ordinance currently allows events, small groups and meetings if the facility is designed with adequate meeting rooms and commercial kitchen facilities. The Planning Commission will need to discuss these conditions and determine the level of activity it may want to allow in residential neighborhoods. Any request for a bed and breakfast under a conditional use permit will need to go through a review by staff as well as a public hearing and recommendation /approval by the Planning Commission and City Council. Specific conditions would be placed on that request that could be more restrictive than what is allowed under the ordinance criteria. The proposed bed and breakfast location will determine how intense the use can be and how to control the size of events and meetings. Additionally, the hosting of events or •r groups over a certain number of people could be further limited and controlled b requiring an administrative permit. The permit could be structured to require staff review and approval based on specific criteria for allowing events at a bed and breakfast. Copies of the Hastings and Red Wing regulations for bed and breakfast facilities are attached. Please note that Hastings allows a maximum of ten bed and breakfast units per structure and Red Wing allows five. If the Planning Commission members have an questions on this issue or require any additional information before the public hearin they should contact either Kris at 651/439-4439 or Scott at 952/595 -9636. i 2 As CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2001 - AN ORDINANCE ALLOWING BED AND BREAKFAST FACILITIES AS A CONDITIONAL USE IN ALL R -1 DISTRICTS, THE R -2 DISTRICT, THE R -3 DISTRICT, AND THE R -B DISTRICT THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS ORDAINS: Section 1. Section 401.22. E, Conditional Uses of the R -1, Single Family District, is hereby amended to include the following: 3. Bed and breakfast facilities providing that the following criteria are met: a) A maximum of ten (10) bed and breakfast units may be established within a structure. b) The facility shall have a State issued license for lodging aridfood service, and comply with and maintain all health, safety, building, and fire codes as may be required or applicable. c) The .primary owner - occupant shall be in residence of the residential property proposed for the bed and breakfast facility. d) All bed and breakfast units shall be established within the principal structure. e) The principal structure shall have a minimum size of one thousand seven hundred fifty (1,750) gross square feet. fl No bed and breakfast facility shall be located closer than at least nine hundred (900) feet from other bed and breakfast facilities as measured from property lines. g) Structures used for a bed and breakfast shall be at least eighty (80) years old or show proof of historic significance to the City. h) The parcel on which the bed and breakfast is located shall accommodate at least three thousand (3,000) square feet of lot area per bed and breakfast unit exclusive of the owner - occupants' living quarters. i) No more than the equivalent of two (2) full time persons shall be employed by the bed and breakfast facilities who are not residents of the structure. j) Dining and other facilities shall not be opened to the public but shall be used exclusively by the residents, registered guests of the facility, or guests of an event or meeting held at the facility. k) The owner - occupant of the bed and breakfast shall be allowed to host events, small groups and meetings if the facility contains at least one thousand (1,000) square feet of area for this purpose as well as a commercial kitchen that complies with all health, safety, and building code standards. I) Two (2) off- street parking spaces shall be provided for the facility plus one (1) for each bed and breakfast unit. Parking areas shall be screened and landscaped and no parking space shall be located in the front yard of the property, other than on an existing driveway. The parking areas shall be improved with asphalt, but shall be exempt from other commercial parking requirements of the Zoning Ordinance. m) Not more than one (1) exterior identification sign not exceeding six (6) square feet in area may be located on the premises. No window signage - shall be allowed for bed and breakfast facilities. The sign "hall be reflective of the architectural features in the structure and may not be externally or internally illuminated. n) 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. o) All bed and breakfast conditional use permits shall be reviewed annually by the Community Development Department. 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 consider the conditional use permit and conditions. Upon a Planning Commission recommendation, the City Council may make adjustments to or cancel the conditional use permit. p) The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. Section 2. Section 401.26.E.5, bed and breakfast facilities and the list of conditions are hereby eliminated from the R -2, Low and Medium Density Residential District. • Section 3, This Ordinance shall be in full force and effect upon its passage and publication. P p 9 PASSED this day of 2001 CITY OF OAK PARK HEIGHTS By: David Beaudet, Mayor A i i tST: i By. Tom Melena, City Administrator 02/12/2001 10:25 6124374125 THORWOOE HIET INNS PAGE 01 XCf 10. RESIDES UBO- L 4 ," n mecjurn duty restdeoce Chstnct is prCCec:ie) t rci etiai W.x x a •;�� s �f�$ vv &veld ed La sjLost p= pip- to Worid oM patentiii connctin? WtS, 8nd tq for f Eturc resad=t Aj = W i to &Vc )caeat cor4ist=l ui • , • deve. Pment a��c with rnz�um StIndW& for provision --fhcolth, figf t, air 31Lr :�tta�• � . 2-- US. 3S PEWvU7TED. S e as : er :tted in the R- I ;_� Den, ?L%; Rcsidc Oisf:��.t. T V t'3 Kiiwj 1 Multi P l e f = C'weliings, it �,.'.udipg b oth new �':;: ui C:Qnvf'TsumS Cif a r F�: c S tam:1 j ns aria c.107 arj_ . 4 B�d and -r t (odgi ies to the f{ W.-x)v i ,ng cnteria: Y r f! i . That ;: �� s � part 4} �. firma; iy des* rated : a c, or r �i.�ttalzc struct=e'. a Ir . T a rn:: ummn of tea bed wiJ bra 3t wits maybe est a►iis:��:�. ifi a s�..ructure. .2. T ,t the = wilky shaU have a aiUmur. si a of 52,500 gross ware fie ,. • 4 . That 0 b d and breakfast �i s sMI be a tabh* waWn a prLneip tee c,,=e. 5. Tit prat: )ff strtmt puking s small IC r. provided for the h vine per► cc� space for each bed aad at net ;a nom thau one ides.t'if. tioa s1' 2n riot zxzeftfin two SgUUe feet ire as may be aaa4eei to ear h Am J1 that facts a street. . :. at .t e �x C w rh. b ►�; birea' ; cility is propo .q 4 It ;a I havit a. mi•nwwr.. area of 7000 um f`e c r plus square }bet for cic.:h u:dt in excess offivc uaim. Rimidenfi 1 Care Facilifics dcp enden* slemi - in�eptudent sui efet w con&tio Usted at fiction 1. ).1Z, Swbd. 38. Neighbor iaod Coxtunercisl subject rc rl m m site pLn review . ecusrements of Sectiort 10.27. _ T*wors Q i t4esula ed i y Secdct 1 V. � +'..1 C'i. �� O d Gi�"4 i�=r. • i f ' r' Y 4• • r 4 h 1 4 r 1 0' f 4 5 f TQTAL P . 4 t N Wul I V I t L P 00?T�`� J • DIVISION 55; SPECIAL PROVISIONS 55-160 Bed and Breakfast Establishments A) Bed and breakfast establishments shall be permitted in all residential zones within the City subject to the following criteria and upon approval of a Conditional Use Permit. R) Application for a Conditional Use Permit shall follow the procedures and submission requirements as set forth in Section 94 - 040 of this code. Additional requirements are listed below: 1) Upon receipt of an application for a Conditional Use Permit for a Bed and Breakfast, the Zoning Administrator's Office shall refer the application to the City Building Inspection Office. The City Building Inspection Office shall provide the Zoning Administrator with a report concerning the use of the proposed building for a Bed Breakfast use and shall recommend I mprovcments that are required by the City BuiIding Code. 2) The applicant must furnish evidence that licenses required by the State of Minnesota either have been issued or will be issued before commencing operation. - �- C} Site Re9 uirements. 1) Identifying signs shall be no more than four (4) squats feet in total, located an the building. or if free standing, located at Toast 14 feet off any property line and consistent with the character of the building. 2) All exterior lighting to be concealed or a'cre,ened. 3) Off-street parking is to be screened from the surrounding residences. 4) The Bed and Breakfast shall provide five or fewer rooms for rent and be the owner's personal residence and occupied by the owner at the time of rental. FFs. IL 3' cal (TCE) 16: 1 2 P. 00M05 DIVISION 90: PEMIITS AMENDMENTS, APPEALS, AND VARIANCES 90-040 Conditional Use Permit A} Purpose of Conditional "Cl'ee Permits. A conditional use permit (C.U.P.) is a zoning permit that is intended as a means of reviewing uses which, because of their unique characteristics, cannot he permitted as a right in a particular zoning district, but can be permitted upon showing that such use in P. specific location meets the standards specified in this zoning ordinance. B} Initiation of a Conditional Use Permit. Any person having a legal or equitable interest in Land may file an application to use such land for the conditional uses provided for in the*zoning district in which it is located and in other speci$1 provisions and regulations of this zoning ordinance. Article II, Base District Regulations fist the uses that are allowed as Conditional Use Permits in each Zoning District. C} Submission Requirements. Conditional Use Permits applications shall be submitted to the zoning administrator on such form and accampanied by such information as required .by the zoning administrator, as speeif ed in Section 85 -010 and with the following specific submission information; 1) Site plan drawn to scale showing parcel and building dimensions. 2) Location of all buildings and their size, including square footage. 3) Curb cuts, driveways, access roads, parking spaces, off - street loading arose, and sidewalks. 4) Landscape plans meeting the requirements of Division 62 of this Zoning Ordinance. 5} Grading and Erasion Control Plans meeting the requirements of Division 57 of this Zoning Ordinance and the requirements listed in Section 90 -060, 6) When required by Division ST, a Storm Water Management plan meeting the requirements of said division and 90 -070 of this Zoning Ordinance. 7} Type or types of business or activity and proposed number of employes. 8) Proposed floor plan of any building with use indicated. 9} Building elevation d any new construction or building renovation proposed. 10) The Zoning Administrator may require that the applicant supply proof of ownership of the property for which the conditional use permit is requested. 11) The Zoning Administrator may require traffic generation information to determine the adequacy of existing transportation Mrastructure. D) Hearing on Application for Conditional Use Permit. The City Planning Commission shall hold a public hearing an each complete application for a conditional use permit as provided in section 85-020 of this Zoning ordinance. After the close of the hearing on a proposed conditional use permit, the City Planning Commission shall consider findings and shall submit the came together with its recommendation to the City Council. E) Required Findings for Conditional Use Permits. The City Planning Commission shall consider the following before making its recommendation to the City Council: 1) The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. 2} The conditional use will not be injurious to the use and enjoyment of other property in the vicinity and will not impede the normal and orderly development and improvement or surrounding property for uses permitted in the district, or substantially diminish property values. 3) Adequate utilities, access roads, drain$ge, or other necessary facilities have been or wi11 be provided. 4) Adequate measures have been or will betaken to minimize traffic congestion in public streets. 5) The conditional use permit is consistent with the applicable policies of the Comprehensive Plan. 6} The conditional use shall, in alt other respects, conform to the applicable regulations or the district in which it is located. F) Council Action. The City Council shall consider the report of the Planning Commission and any other information provided. The City Council shalt make findings of fact before granting the conditional use permit based on the Rndinga listed in E) above. The City council may impose such conditions on any proposed conditional use permit and require such guarantees as it deems reasonable and necessary to protect the public interest and to ensure compliance with the standards and purposes of this zoning ordinance and policies of the comprehensive plan. FEB, 13' 0 : 7'* 1) In 4 P. Q05/0() G} Discontinuance of Conditional Use Permits, Where a conditional use has been established and is discontinued for any reason for a period of one (1) year or longer, or where a conditionsl use has been changed to a permitted use or to any other conditional use, the conditional use permit shall become null and void. H} Review. If a review is imposed as a, condition of the granting of a conditional use permit, the permit shall be reviewed by the Planning Commission at a public hearing within thirty (3 0) days of the date established for the review' period. Notice of the public hearing shall be distributed as provided for in Section 85-420 of this Zoning Ordinance and the permit hold shatl be notified at lease tea (10) days prior to the hearing. • I 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 nac @winternet.com ENCLOSURE � MEMORANDUM T0: Tom Melena FROM: Scott Richards DATE: February 26, 2001 RE: Oak Park Heights — Public/Institutional and Open Space Zoning Districts FILE NO: 798.04 — 00.03 A public hearing has been scheduled for the March 8, 2001 Planning Commission meeting to again consider the changes to the Public/Institutional and Open Space Zoning Districts. As you are aware, the Planning Commission recommended approval of draft Zoning Ordinance revisions to include the P/I and the revised Open Space District in September of 2000. Notification for the March 8 meeting has been done, by a newspaper public hearing notice, an article in the City newsletter and by mailed notice to the major institutions in the City such as schools, churches, the prison, and other governmental agencies. Two memos are attached for your consideration on this matter. The September 19, 2000 memo provides a complete copy of the ordinance revision and the recommendation by the Planning Commission. The October 4, 2000 memo is the follow up memo to consideration by the City Council. The Council had commented on the ordinance draft as outlined in the memo. One of the primary concerns of the City Council was to notify all affected parties of the potential change in the Zoning Ordinance text and allow adequate time and consideration to those parties to review the changes. The changes to the Zoning Ordinance at this time only involves the text of the ordinance and not the map. Rezoning parcels to the Public /Institutional District would be done by a separate action including a public hearing of the Planning Commission and City Council action. The Planning Commission should take any comments at the public hearing and discuss the suggested staff changes to the draft discussed in the October 4 memo. A recommendation could be made to the City Council or the Planning Commission may hold the hearing open to the April meeting for more consideration and opportunity for property owner and resident comment. 4 NORTHWEST ASSOCIATED C O N S U L T A N T S , • t ! d dIM• .•• ::: .'�f.Ylddt�dfdldl : }f - J- I YY.YII IYY.Y IYrY Y1YY_Y) ... ... ... .. .... .. YY Y LYYYLYY YJ �YY LY YLLYYYYYYIYY YYIY YYYLY 4000VQp C6ii'iiYiYiitiiiiiYiYiii ........ yy d i X Y1ii YYYY YI YYYYYY 11'.r f • =pfd 5775 fd.d dd ey c Boulev ard,, Salle 555, St. L ou i s Park, ! (�l 554 1 ..•t.• d y �T' ephCC: I" :; 952.595.9536 Facsim#ie; 952.595.9 337 na atw inter � r3e�....� t'3''t t, .. . MEMORANDUM TO: Tom Melena FROM: Scott Richards .. DATE: September 19, 2000 RE: Oak Park Heights — Public /institutional and Open Space Zonin Districts P 9 FILE NO: 798.04 — 00.03 Please be advised that the Planning' Commission, at-`f eir September 14, 2000 meetin unanimously recommended approval of a draft ordinance to include the P /I, Public /Institutional District and the revised 0, Open Space Conservation District. Public uses such as schools parks, governmental facilities, as well as churches, nursing homes, hospitals, and correctional facilities have been removed from the revised 0, Open Space District of the Zonin Ordinance g and included in a new P /I, Public Institutional District. The recommendations made b y the Planning Commission include changes only to the Zoning Ordinance text. Rezoning parcels to the Public /Institutional District would be done by a separate action including a ublic hearing of p 9 the Planning Commission and City Council action. The Planning Commission is currently reviewing the areas that could be rezoned to Publiclinstitutional if the City Council amends the Ordinance. A summary of the changes to the Zoning -Ordinance made by the attached amending ordinance is found below: Section 1. Section 401.20.A. The Public /institutional District is added within the overall listing of zoning districts. Section 2. Section 401.15.B.5.b includes a reference to requirements for q grading and drainage plans for projects within the Public /Institutional District. Section 3, Section 401.15. B.7.f.2 includes a requirement for lighting within the Public/ 9 9 Institutional District. Section 4. Section 401.15.D.5 adds a limitation for numbers of accessory buildings within th rY 9 e Public /Institutional District. Section 5. Section 401.15.E.8 requires fencing and scree q g Wing provisions for public and institutional uses. Section 6. Section 401.15.E.10 requires a mandatory landscaping p Ian for Public /Institutional District uses. Section 7. Section 401.15.G.8.c makes the Public /Institutional District subject to the R -B and J B -1 District standards for signage and includes the Public /Institutional District within the two sign tables. Section 8. Section 401.21. The existing Open Space District is deleted and replaced with the new text. Section 9. Section 401.230. The Public /Institutional District text is added. Section 10. Ordinance passage information /signatures. 1 pc: Kris Danielson September 19, 2000 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2000 - AN ORDINANCE CREATING SECTION 401.320, THE P -1 PUBLIC - INSTITUTIONAL DISTRICT AND DELETING SECTION 401.21 IN ITS ENTIRETY AND REPLACING IT WITH A NEW 0, OPEN SPACE CONSERVATION DISTRICT. THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS ORDAINS: Section 1. Section 401.20.A, Establishment of Districts, is hereby amended to include the following: 4. Public / Institutional District a. P / 1. Public/ Institutional District i Section 2. Section 401.15. B.5.b, Grading and Drainage section, is hereb ' amended to include the following: b. In the case of all residential subdivisions, multiple family, public, institutional, and business developments, the grading and drainage plans shall be submitted to the City Engineer for review and the final drainage plans shall be subject to the Engineer's written approval. In case of such uses, no modification in grade and drainage flow through fill, erection of retaining walls or other such action shall be allowed until such plans have been reviewed and received written approval from the City Engineer. Section 3. Section 401.15.B.7.f.2, Performance Standards, is hereby amended to include the following: 2. Public / Institutional.. Commercial and Industrial Districts. An lighting used to Y g 9 illuminate an off- street parking area, structure, or area shall be arranged so as to deflect light away from any adjoining property or from any public right -of -way in accordance with the following provisions: Section 4. Section 401.15.D.5, Number of Structures, is hereby amended to include the following: 5. Number of Structures. No building permit shall be issued for the construction of more than one (1) private garage or storage structure for each detached sing family dwelling, commercial fat, of industrial , public or institutional building except by approval of a conditional use ermit according to the provisions p 9 p ns of Section 401.15.D.13 of this ordinance. Every detached single family dwelling 9 unit erected after the effective date of this ordinance shall be so located on the lot so that at least a two (2) car garage, either attached or detached, can be located on said lot. Section 5. Section 401.15.E.8, Required Fencing and Screening, is hereby mended to Y include the following: 8. Required Fencing and Screening, Where any public. institutional., business or property industrial use (i.e., structure, parking or storage) abuts zoned for residential use, that public. institutional. business, or ' industrial use shall 9 provide screening along the boundary of the residential property. Screenin shall also be provided where a public. institutional., business, or-t industrial use of publ is across the street from a residential zone but not on that side '' ic. institutional. business, or to industrial use considered to be the front (as determined by the Building Official). All fencing and screening specifically re q uired =-^ by this Ordinance shall be subject to Section 401.15E.3 and shall consist of either a fence or green belt planting strip as provided for below. Section 6. Section 401.15.E.10, Required Landscaping - Semi - Public and All Income Producing Property Uses, is hereby mended to include the following: : g 10. Required Landscaping - Public, Institutional._ Semi - Public and All Income Producing ng Property Uses. Prior to approval of a building permit, all above referenced uses shall be - subject to a mandatory landscape plan requirement. Said landscape p lan should be developed with an emphasis upon the following areas: Section 7. Section 401.15.G.8.c, the District Regulations is hereby amended to include g � Y the following: C. P -I. Public - Institutional, R -B, Residential Business and B -1, Neighborhood Business Districts. Only two (2) signs per principal use may be erected upon the subject property, subject to the following conditions: 2 • SIGN TYPE AND MAXIMUM GROSS SURFACE AREA IN SQUARE FEET Zoning Free- Identi- Canopy Temp Perm Address Direction Political Con- Property Motor District standing fication Marquee Window Window struction Sale or Fuel Wall Rental Station Price Display 0 24 2 24 -- 25%* 2 4 4 32 12 — R -1 /R -2 40 2 18 — 25 %* 2 4 4 32 4 _ R-3 -- 2 -- -- 25 %* 2 4 4- 50 32 — R -B 40 2 40 10 %** 25 %* 2 4 4 50 32 — B -1 40 2 40 10 % ** 25 %* 2 4 — . 50 32 — B -2 150 *** 2 150 *** 10 %** 25 %* 2 4 — 50 32 16 B -3 50 * * *, 2 64 10 % ** 25 %* 2 4 — 50 J 32 16 CB D 40 2 100 * *** 10 %** 25 %* 2 4 — 50 32 BW 50 ***** 2 64 — 25%* 2 4 — 50 32 — I 150*** 2 150 * ** — 25 %* 2 4 — 50 32 — P -1 40 2 40 10 % ** 25 %* 2 4 _ 55Q 32 _ Percentage based upon total window area Percentage based upon front building facade 150 square feet or 15% of front building facade whichever is less 100 square feet or 10% of front building facade whichever is less Or 15% of the front budding facade whichever is less SIGN TYPE AND MAXIMUM HEIGHT IN FEET Zoning Freestand- Identifica- Canopy, Marquee, Wall Address Motor Fuel District ing lion Station -Price Display 0 8 feet 5 feet Top of parapet wall or eave 3.5 inches -- R -11R -2 6 feet 5 feet Top of parapet wall or eave 3.5 inches -- R-3 -- 5 feet -- 3.5 inches -- R -B 8 feet 5 feet Top of parapet wall or eave 3.5 inches -- B-1 8 feet 5 feet Top of parapet wall or eave 3.5 inches — B -2 30 feet 5 feet Top of parapet wall or eave 3.5 inches 8 feet B -3 20 feet 5 feet Top of parapet wall or eave 3.5 inches 8 feet CBD 8 feet 5 feet Top of parapet wall or eave 3.5 inches -- BW 20 feet 5 feet Top of parapet wall or eave 3.5 inches -- 1 30 feet 5 feet Top of parapet wall or eave 3.5 inches -- P-1 8 feet 5 feet Too of oarar)et wall or eave 3.5 inches -- 3 Section 8. Section 401.21, the 0, Open Space District is hereby deleted and the new Open Space District is added with the following stipulations: 401.21.A.. Purpose. The 0. Open Space Conservation District is intended to provide a district which will allow suitable areas of the Citv to be retained and utilized for open space, aaricultural uses and provide a "holding" zone for newlv annexed lands to ensure that development will be staged to maintain reasonable economv in public expenditures for public utilities and service. 401.21. B.. Permitted Uses, 1 Farming and aaricultural related buildings and structures subiect to Minnesota Pollution Control Standards. but not including commercial feedlots or other commercial operations. 2. Nurseries, tree farms and greenhouses all for the arowina of plants, but not to, i p include retail sales. 3.' Sinale family dwellings. 4. Essential services. 5. Dav care faci l ities serving twelve (12), or fewer persons.. 6 Residential care facilities serving six (6) or fewer persons. 7. Cellular telephone antennas located on a public structure as reaulated in Section. 401.15.P of this Ordinance. 401.21.0, Interim Uses. 1 None. 401.21. D. Accessory Uses. 1. Operation and storaae of such vehicles, equipment and machinery which are incidental to permitted or conditional uses allowed in this district. 2. Not more than four (4) boarders and /or roomers by a resident family. 3 Living quarters of persons employed on the premises. 4 Home occupations.. 4 • 5 Recreational vehicles and equipment., r 6. Swimming pool, tennis courts and other recreational facilities which are operated for the eniovment and convenience of the residents of the principal use and their guests, when fully in compliance with all applicable State standards. 7 Tool houses, sheds and similar buildings for storage of domestic sup_ plies and non-, commercial recreational equipment. 8 Private garages, parking spaces and carports for licensed and operable p asses er cars and trucks. p g 9. Radio and television antennas includinq single satellite dish TVROs one 1) meter or less in diameter, short -wave radio dispatchinq antennas, or those necessary for the operation of household electronic equipment includinq radio receivers, federaliv licensed amateur radio stations and television receivers, as regulated in Section 401.15.P of this Ordinance. 401.21.E. Conditional Uses. 1 Single satellite dish TVROs greater than one (1) meter in diameter provided that: a. The provisions of Section 401.03.A.8 and Section 401.15.P of this Ordinance are considered and satisfactorily met. 2. Cellular telephone antennas not located on a public structure provided that:, a. The provisions of Section 401.03.A.8 and' Section 401.15.P of this Ordinance are considered and satisfactorily met. Section 9. Section 401.230, the PA Public - Institutional District is hereby added with the following stipulations: 401.320,A. Purpose. The P -1 District is intended to provide a specific zoning district for facilities directed to serving the public and specialized government and semi-public uses. It is unique in that the primary obiective of uses within this district is the provision of services, frequently on a non - profit basis, rather than the sale of goods or services. It is intended that uses within such a district will be compatible with adjoining development. and then will be located on or in proximity to a collector street or arterial street. 5 401-320.B. Permitted Uses. 4 1. Publicly owned civic or cultural buildinas such as libraries ' , .city offices, auditoriums community centers. public administration buildinas and historical sites. 2. Parks and recreational fields. structures and buildings. 3. Essential services and essential service structures necessary_ for the health, safety and general welfare of the community. 4. Cellular telephone antennas located on a public structure as reaulated in Section 401.15.P of this Ordinance., 401.320.C, Interim Uses. 1. None. 401.320.D. Accessory Uses. 1. Accessory uses customarily incidental to the uses permitted in Sections 401.320.B.. 401.320.C. and 401.320.D of this Ordinance. 2. Fences as reaulated by Section 401.15.0 of this Ordinance. 3. Off- street parking and loading areas reaulated by Section 401.15.F of this Ordinance. 4. Parks, playgrounds. and athletic fields related to those uses p ermitted in Sections 401.320.B. 401.320.C. 401.320.D of this Ordinance. 5 Sianaae as reaulated by Section 401.15.G of this Ordinance. 6. Radio and television receiving antennas includina sinale dish TVROs two 2) r meters or less in diameter, short -wave radio dispatchina antennas. or those necessary for the operation of household electronic a ui ment includina radio q p receivers, federally licensed amateur radio stations and television receivers. as reaulated by Section 401.15.P of this Ordinance. 7. Dav care nurseries for those LaSPS permitted in Sections 401.320.B. 401.320.C. 401.320.D of this Ordinance. except for those related to a reliaious institution. �tution. 6 401.320.E. Conditional Uses, 1 Private and public pre - school, elementary, iunior or senior high schools provided that: a. Adequate screening from abutting residential uses and landscapina is provided in compliance with Section 401.15.E. of this Ordinance. b. Adequate off - street parking and access is provided on the site or on lots directiv abutting across a public street or allev to the principal p use in compliance with Section 401.15.F. of this Ordinance and that such oarkina is adequately screened and landscaped from surrounding and abuttina residential uses in compliance with Section 401.15.E. of this Ordinance. C. Adequate off- street loading and service entrances are provided and, regulated where applicable by Section 401.03.F. of this Ordinance. d. Adequate emeraencv vehicle access is provided to and within the site. e The site is served by an arterial or collector street of sufficient capacity to accommodate the traffic that will be generated., f. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 2. Private and public colleges, seminaries, and other institutions of higher education provided that: a. Adequate screening from abuttina residential uses and landscaping is provided in compliance with Section 401.15.E. of this Ordinance. b Adequate off - street parking and access is provided on the site or on lots directly abuttina across a public street or allev to the principal use in compliance with Section 401.15.F. of this Ordinance and that such arkin p Q is adequately screened and landscaped from surroundina and abuttina residential uses in compliance with Section 401.15.E. of this Ordinance. C. Adequate off- street loading and service entrances are provided and, regulated where applicable by Section 401.03.F. of this Ordinance. d. The site is served by an arterial or collector street of sufficient capacity to accommodate the traffic that will be generated. 7 s e The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 3 Reliaious institutions. such as chapels, temp les, svnaaoaues and mo p saues limited to worship and related social events provided that:, a Adequate screenina from abuttina residential uses and landsca p ina is ,provided in compliance with Section 401.15.E. of this Ordinance. b Adequate off- street parking and access is provided on the site or on lots directly abuttina across a ublic street or alley o the rinci p � pal use in, compliance with Section 401. F. of this Ordinance and that such parking is adequately screened and 'landscaped from surrounding and abuttina residential uses in compliance with Section 401.15.E. of this Ordinance C. Adequate off - street loadina and service entrances are provided and, reaulated where applicable by Section 401.03.F. of this Ordinance. d. The site is served by an arterial or collector street of sufficient capacity to accommodate the traffic that will be Generated. e. The provisions of Section 401.03.A.8 of this Ordinance are considere d and satisfactorily met. 4. Hospitals and residential care facilities provided that:. a. Only the rear vard shall be used for play or recreational areas. Said area shall be fenced and controlled and screened 'in comp_ liance with Section 401.15.E. of this Ordinance. b. All state laws and statutes aovernina such use are strictly adhered to and all required operatina permits are secured., C. Adequate screenina from abuttina residential uses and landscaQina_ is provided in compliance with Section 401.15.E. of this Ordinance. d. Adequate off- street arkina and access is provided on the site o p provided r on lots , directly abuttina across a public street or alley to the princiDal use in compliance with Section 401.15.F. of this Ordinance and that such parkina is adequately screened and landscaped from st.irroundina and abuttina residential uses in compliance with Section 401,.15.E. of this Ordinance. S 3 r ! e Adequate off - street loading and service entrances are provided and regulated where applicable by Section 401.03.F. of this Ordinance. f. The site is served by an arterial or collector street of sufficient ca a p crty to accommodate the traffic that will be generated. g The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 5. Correctional facilities and shelters provided that: a Facilities shall comply with all applicable codes and regulations and shall have, current and in effect. the appropriate state licenses. -- p b On -site services and treatment shall be for residents and inmates of the facility only, and shall not be for non - residents or persons outside the facility. C. All new buildings or additions to existing buildings shall be consistent with the scale and character of the buildings in the neighborhood. Exterior building materials shall also be harmonious with other buildin s in the _ q neighborhood. d. No correctional facility shall be placed closer than one thousand three hundred twenty (1,320) feet from another I icensed correctional facility or from anv property designated on the Land Use Plan as residential and /or designated on the official zoning map as residential. e. The conditional use permit is only valid as long as a valid state license is held by the operator of the facility where such license is required. - q f. Appropriate transition * to neighboring ro erty shall be provided by p p p landscaping and site design consistent with the City ordinances and policies. Adequate screening from abutting residential uses and landscapin4 is provided in compliance with Section 401.15.E. of this Ordinance. h. Adequate off - street parking and access is provided on the site or on lots directly abutting across a public street or allev to the principal use in _ p p compliance with Section 401.15.F. of this Ordinance and that such parking is adequately screened and landscaped from surroundina and abutting r r residential uses in compliance with Section 401.15.E. of this Ordinance., 9 s i�. Adequate off - street loading and service entrances are rovide p d and reaulated where applicable by Section 401.03.F. of this Ordinance. The site is served by an arterial or collector street of sufficient ca aci p ty to accommodate the traffic that will be aenerated. k. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 6 Nursing homes, residential care facilities, and similar aroup housing provided that: a. Adequate screenina from abuttina residential uses and landsca p ina is provided in compliance with Section 401.15.E. of this Ordinance. b Adequate off- street parking and access is provided on the site or on lots directly abuttina across a public street or allev to the rincipal use p _ in compliance with Section 401.15.F. of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abuttin residential uses in compliance with Section 401.15.E. of this Ordinance. C. Adequate off - street loading and service entrances are provided_ and. ` reaulated where applicable by Section 401.03. F,. -.of this Ordinance. d. The site is served by an arterial or collector street of sufficient ca panty to accommodate the traffic that will be generated. e. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 7 Outdoor recreation areas includina aoif courses, community clubs, swimming p ools. , and similar facilities provided that a. Adequate screening from abuttina residential uses and landscapina is .provided in compliance with Section 401.15.E. of this Ordinance. b. Adequate off- street parkinq -and access is provided on the site or on lots directly abuttina across a public street or alley to the rinci al use in p p compliance with Section 401.15.F. of this Ordinance and that such oarking is adequately screened and landscaped from surrounding and abuttina residential uses in compliance with Section 401.15.E. of this Ordinance.. C. Adequate off- street loading and service entrances are provided and_ reaulated where applicable by Section 401.03. F. of this Ordinance. 10 a d The provisions of Section 401.03.A.8 of this Ordinance are considered and, satisfactorily met. 8 Dav care, social services or other non - directly related worship activities an accessory use within a religious institutional building(s) provided that:, a. Adequate off- street loading and drop -off areas are provided and regulated where applicable by Section 401.03.F. of this Ordinance. b The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 9 Governmental and public related utility buildings and structures necessary for the health, safety and general welfare of the community provided that:. a. Compatibilitv with the surroundinq neighborhood is maintained through appropriate site planning and screening. b. Adequate screening from abutting residential uses and landsca in is p 4 provided in compliance with Section 401.15.E of this Ordinance. C. Equipment is completely enclosed in a permanent structure and out5ce- storage areas are appropriately screened and landscaped., d. Adequate off- street parking, loadinq and service entrances are provided and regulated by Section 401.03.F of this Ordinance. e. The site is served by an arterial or collector street of sufficient capacity to accommodate the traffic that will be generated. f. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 10. Cemeteries or memorial gardens provided that:, a. The site is landscaped and adequate screening from neiahborina uses is provided in compliance with Section 401.15.E. of this Ordinance. b. Adequate off - street parking and access is provided on the site or on lots directly abutting across a public street or alley o a principal use i v p p n compliance with Section 401.15.F of this Ordinance and that such p arkin is adequately screened and landscaped from surroundinq and abuttina. residential uses in compliance with Section 401.15.E of this Ordinance. 11 C. Compatibility with the surrounding neighborhood is maintained and rea_uired setbacks and side yard requirements are met., d. The total land area of the use shall not exceed forty (40) acres. e The site is served by an arterial or collector street of sufficient capacity to accommodate the traffic that will be generated. f. The provisions of Section 401.03.A.8 of this Ordinance are. consideredand satisfactorily met., 11. Living quarters which are provided as" an accessory use to a principal. conditional i p P or interim use in this Section, provided that:. a. The use shall not be used as a rental property. b A maximum of one (1) such dwelling shall be allowed.. c. There shall be a demonstrated need for such a facility. d The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 12. Limited retail commercial activities and personal services, provided that:. a. Merchandise is sold at retail. b. Personal services are limited to those uses and activities which are allowed as a permitted or permitted accessory use within the B -1 Zonina District. C. The retail activity and p ersonal services are located within a structure whose principal use is not commercial sales., d. The retail activity and ersonal services shall not occupy more than fifteen p p. (15) percent of the gross floor area of the building. e. The retail activity and personal services are not located within a structure whose principal use is residential., f. No directly or indirectly illuminated sian or sign in excess of ten (10) square feet identifying the name of the business shall be visible from the outside of the building. r 12 No signs or posters of anv tvpe advertising products for sale or services shall be visible from the outside of the buiidina. h. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 13. Buildinas in excess of height limitations as specified in Section 401.15.C.2 of this Ordinance provided that:, a. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactoriiv met. 14. Reduction in lot area requirements provided that:, a. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactoriiv met. 15. Cellular telephone towers and antennas not located on a oublic structure, provided. that: a. The provisions of Section 401.03.A.8 and Section 401.15.P of this Ordinance ate - considered and satisfactoriiv met. 401.320. F. Lot Requirements and Setbacks. The following minimum requirements, shall be observed in a P -I District, subject to additional requirements, exceptions and modifications set forth in this Chapter., 1. Lot Area - Minimum Site Area: a. Elementarv. Middle and High School Facilities (Grades K -12) or Colleges. Seminaries, and Other Institutions of Hiaher Education as a 'Principal s 'Use: Fifteen (15) acres plus one ( 1 ) acre for each one hundred fifty (150) students of planned maximum enrollment. b. Hospitals: Ten (10) acres. C. Reliaious Institutions: Three (3) acres. d. Correctional Facilities and Shelters: Ten (10 ) acres. e. Other Uses: Two (2) acres, unless specified by conditional use permit. 13 2. Setbacks: a. Abutting a Residen i t al District. Front Yard:. Seventy -five (75) feet. Side Yard:. Seventy -five (75) feet. Rear Yard:, Seventy -five (75) feet. b. Abutting allon- Residential District. Front Yard:. Fifty (50) feet. Side Yard. Corner Lot. Fifty (50.) feet. Side Yard. Interior Lot:. Thirty (30) feet. Rear Yard:. Thirty (30) feet. C. Specified Uses. Correctional Facilities /Shelters. Front Yard:. Two hundred (200) feet. Side Yard:. Four hundred (400) feet. 31 Rear Yard:. Four hundred (400) feet. 3. Maximum Building Height. a. Principal BuildinQS: Forty -five (45) feet. b. Accessory Building: Twenty (20) feet. Section 10. This Ordinance shall be in full force and effect upon its passage and publication PASSED this day of , 2000 14 ,.t CITY OF OAK PARK HEIGHTS f. By David Schaaf, Mayor Ai i tST: By: Tom Melena, City Administrator ` 15 1 4 1 NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM T0: Tom Melena FROM: Scott Richards DATE: October 4 2000 _RE: Oak Park Heights - Public /Institutional and Open Space p p Zoning District FILE NO: 798.04 - 00.03 i The City Council, at their September 26, 2000 meeting, voted to send consideration of . 9 the Public/institutional and Open Space Zoning District back to the Planning c- 9 Commission. The -- City Council requested that staff notify all the affected parties such as churches, ,the School District, cemetery owners, the State of Minnesota correctional facility) Y) and the Metropolitan Council (wastewater facility) regarding the proposed zoning ext changes. es. 9 Further, the City Council . requested that once notification has been completed the. Planning Commission hold a meeting with the representatives of the affected land uses. The City Council wanted assurance before the Zoning Ordinance is revised and especiall p Y before an actual zoning change affects the properties in uestion that all of -the p arties a � p understand the zoning amendments. As you are aware, the changes that have been proposed by staff and recommended by the Planning Commission, include amendments only to the Zoning Ordinance text. Rezoning parcels to the Public /Institutional District would be done _by a separate action including. .a public hearing of the Planning Commission . 9 and Ci Council action. City Council members 'commented on the proposed setback standards for the Public/Institutional District. The primary concern of the Council was if certain uses such as churches would meet the standards as proposed. Staff indicated that the existing uses are grandfathered and they would be allowed to remain and expand, as Ion as the p � 9 nonconformity was not increased. Further, staff has not proposed a rezoning of the two churches in the City. Calvary Assembly and First Presbyterian Church are both currently zoned residential in -which churches are and would remain an allowable conditional use. The proposed rezoning being considered at this time is limited to public facilities such as City Hall and parks, schools, cemeteries, the correctional facility and the Metropolitan p Council's wastewater facility. 5 775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 55416 PHONE 61 2- 595 -9636 FAX 61 2- 595 -9837 E -MAIL NAC@ WINTERNET.COM The City Attorney commented on the proposed Public/Institutional District and indicated that while City parks are permitted in the proposed ordinance, similar recreational facilities for schools would be considered as conditional. Mr. Vierling felt that the same uses should be treated in a similar manner no matter what organization or jurisdiction is their sponsor. He suggested that parks be made a conditional use within the Public/Institutional District. Staff has recommended, as attached, to add parks, recreational facilities, structures or buildings as a conditional use under Section 401.320.E of the proposed district. The language has been drafted with the intent that minor changes to parks would not require a conditional use permit, but that all major facilities, buildings and parking areas would. The Planning Commission should comment on this change as they consider the additional staff and Council input on this issue. pc: Kris Danielson s . 2 r i PROPOSED ORDINANCE CHANGES: Section 401.320.D. Accessory Uses 4. r 3, N latcd -NJ Ll�sc u Comment: This item is no longer applicable and should be removed if the use is moved . 1 ed to the conditional section. Section 401.320.E. Conditional Uses 1. Private and public pre - school, elementary, junior or senior high schools and related _ g recreational fields and facilities, provided that .... Comment: The wording "and related recreational fields and facilities" has been added to clarify the meaning and what is included under this section. i 7. Public parks and related recreational fields, major structures, buildings and parking 9 p g areas, provided that: _- a. Adequate distance and screening rom abutting g g uses and landscaping is provided in compliance With Section 401.15.E of this Ordinance. b. Adequate off - street parking and access is provided on the site or lots directly abutting across a public street or alley to the principal use in compliance with Section 401.. of this Ordinance - and. that such parking is adequately q Y screened and landscaped from surrounding and abutting residential uses in compliance with Section 401.15.E of this Ordinance. C. All lighting of buildings, structures and facilities shall be in conformance with Section 401.15.B.7 of this Ordinance. d. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. Comment: A new section is added for parks and related facilities as a conditional use. 8. Private outdoor recreational areas including golf courses, country clubs, swimming pools and other similar facilities, provided that: Comment: The word private is added to differentiate these from outdoor recreational area public facilities. ENCLOSURE� CITY OF OAK PARK HEIGHTS PLANNING COMMISSION BYLAWS ARTICLE 1 - ORIGIN AND POWERS A. Authorization. The City is authorized and empowered to establish a Planning Commission by the provisions of Minnesota State Statutes 462.354. B. Establishment. The Planning Commission was created in an advisory capacity rY p Y by action of the Oak Park Heights City Council on April 14,1998 b the adoption Y p of Ordinance 210 and the amendment of Section 401, the Oak Park Heights Zoning Ordinance. ARTICLE 2 — DUTIES AND OBJECTIVES A. Advisory Capacity. The Planning Commission is designed to serve in an advisory capacity to the Oak Park Heights City Council. 4D B. Objectives. The objectives of the Planning Commission are to make recommendations to the City Council which will guide the development of land, services and facilities within the City, so as to promote the public health, safety and general welfare. C. Public Hearings. The Planning Commission shall hold ublic hearings for p g variances, conditional use permits, subdivisions, PUD permits, and other applications to the City in accordance with the City Zoning Ordinance and shall make recommendations on said applications to the City Council. D. Special Public Hearings. The Planning Commission may hold such public Y p information hearings as the City Council deems necessary nd ma make rY Y recommendations on applications for building permits or site plan review when requested by the City Council. ARTICLE 3 — MEMBERSHIP A. Voting Members. The Planning Commission shall consist of five citizen members who are eligible voters residing within the Oak Park Heights City limits and who are appointed by the City Council. B. Ex- Officio Members. There shall be a City Council erson designated b the p g Y Mayor, with the consent of the City Council, to be a liaison to the Planning Commission. Such City Council person shall serve without voting power and in a capacity as ex- officio to the Planning Commission. The Mayor, with the consent of the City Council may also appoint non - voting, ex- officio members to represent other r p groups or organizations from the community. *C. Terms. The five members of the Planning Commission shall be appointed b pp y the City Y Council. All such appointments shall initiate and be established b resolution . of the City Council. The term of each Y member shall be for three ears with initial terms being staggered by the City Council resolution of appointment. Unless extended by special order of the City Council for a period of one ear, Y , no member shall serve more than two consecutive terms on the Planning Commission. *D. Absenteeism. If any voting member fails to attend three consecutive meetings g or a total of four meetings (or 25 percent) during the calendar year, the Cit Council shall be notified with a recommendation by the Planning ommission. g Planning Commissioners shall notify the Chairperson or City staff when an absence if anticipated. E. Removal. Any member of the Planning Commission may be removed at any Y time by a four -fifths (4/5) vote of the City Council with or without cause. F. Compensation. Compensation of Planning Commission members as selected by the City Council shall serve without compensation except as otherwise established by resolution of the City Council. G. Training. The Chairperson and the City staff shall meet with each new Planning Commissioner to explain Planning Commission procedures. Within the first year of appointment, each new Planning Commissioner shall attend a Government Training Service, Planning Commission training ession at City y expense. H. Resignation. A member who wishes to resign shall submit a written resignation to the Chairperson, who shall in turn forward the same to the City Council. 1. Vacancies. Vacancies occurring within the Planning Commission shall be filled for the balance of the appointment by the City Council. * Amended June 6, 1999 2 ARTICLE 4 — OFFICERS, DUTIES AND ELECTION OF OFFICERS A. Officers. The officers of the Planning ommission shall g a I be Chairperson and Vice - Chairperson. B. Duties of the Chairperson. The Chairperson shall preside ' p p eat all meetings, appoint Planning Commission members to committees, appoint Planning g Commission representatives, rule on procedural questions (subject to q reversal by a two - thirds (2/3) vote of those members in attendance), meet with all newly y appointed members, exercise the same voting rights as other Planning g Commissioners and carry out such other duties as are assigned b th g y e Planning Commission or by the City Council. C. Duties of the Vice - Chairperson. The Vice-Chairperson ' . p n shall act in the absence or inability t0 act of the Chairperson, and in such instances shall a I have the powers and functions of the Chairperson. D. Terms. The Planning Commission officers shall be elected from om among its appointed members for the term of two years. No member shall serve as Chairperson or Vice - Chairperson for more than two consecutive terms. The election shall occur at the Planning Commission's annual meeting. g E. Vote. Candidates for office receiving majority vote of the entire g 1 Y e membership (three -fifths (3/5)), shall be declared duly elected. F. Date of Office. Newly elected officers shall take office at the annual ' meeting an March. G. Vacancies. Vacancies occurring n the offices of the Planning ' g ng Commission shall be filled immediately by the above election p rocedure. ARTICLE 5 — MEETINGS *A. Annual Meeting. An annual organizational meeting shall be held g g the second Thursday in March of each year. Election of officers shall be conducted at that time. *B. Regular Meetings. Regular meetings of the Planning Commission g g shall be held at 7:00 PM on the second Thursday of each month in the City all Council Y Chambers. The regular meeting date of the Planning ommission may be g Y changed by resolution of the City Council. * Amended December 28, 1999 3 C. Special Meetings. Special meetings may be called at the discretion of the Chairperson, after consultation with City staff. D. Notice of Meetings. Notice in writing of all regular and special Plannin Commission meetings, setting forth the time, place and agenda of such meetings, shall be mailed by the City staff to all Planning Commission members at least five days in advance of each meeting. E. Site Investigation. Prior to each meeting, all Planning Commission members shall endeavor to visit any properties to be discussed at the meeting. F. Planning Commission Representative at City Council Meetings. Each Planning Commission member shall in turn represent the Plannin g Commission at regular City Council meetings. ARTICLE 6 — PRE - MEETING PROCEDURES A. Agenda. The agenda for each meeting of the planning Commission shall be developed in writing by the City staff and shall be available at the City all prior Y p to each meeting. B. Withdrawal. If a petitioner or applicant desires to withdraw a matter from an agenda, such request must be submitted to the City staff in writing, and if any public notice has been given, all persons appearing at the noticed hearing on said petition or application shall be entitled to be heard. ARTICLE 7 — PUBLIC HEARING PROCEDURE A. Time. The time of each public hearing shall be stated the agenda, and no hearing may begin before this time. Each hearing hall begin as soon as g g possible after this time. B. Presentation. If a public hearing is required for a request by a petitioner, the petitioner or an appointed representative shall state the request, explain the proposal and answer questions of the Planning Commissioners. If no petitioner is involved, the Chairperson or the City staff member shall explain the purpose of the hearing. The Chairperson may impose reasonable restraint upon the number of times one individual may speak. 4 r C. Termination of Hearing. The Chairperson may close a public hearing p Y p g after hearing those present who care to speak, or any member may move to continue the public hearing until a specified date. If a hearing on the etitioner's request is p q closed, the Planning Commission shall make a recommendation to the City Council within 30 days following the close of the hearing. If a hearing is g g continued, mailed notices of the continuation may be requested b an voting Y Y g member. ARTICLE 8 — MEETING PROCEDURES A. Rules of Order. Unless otherwise specifically designated, nated , Roberts Rules of Order, as most recently revised, shall govern the meeting procedure. B. Quorum. A majority of the voting membership (3/5)) p shall constitute a quorum for meeting purposes. C. Conflict of Interest. Whenever a Planning ommission member shall have a i g direct or indirect personal or financial interest in an application petition before pp or p the Planning Commission, that member shall declare such interest and excuse himself /herself from the discussion and vote. D. Agenda. The order of business at regular meetings generally shall be as follows: 1. Call to order. 2. Roll call of members. 3. . Approval of the minutes of the previous meeting. 4. Public hearings. 5. Informational hearings. 6. Old business. 7. New business. 8. Adjournment. E. Appearance of Petitioner. No application or petition shall be g iven final approval unless the applicant or petitioner appears personal) or b Y Y representative at the hearing called thereon, or unless he /she makes satisfactory explanation or presentation in lieu thereof. F. Tabling. A tabling motion, if passed, has the effect of laying a matter over until Y g the next regular meeting, unless otherwise specified. 5 G. Reports. Any matter may be tabled for a technical report or stud which h p y the Planning Commission may make or request of the petitioner, the City staff, the City Attorney, the City Engineer or other sources. Such report shall be resented . p to the City staff for forwarding to the Planning Commission at least five days prior Y p to the meeting at which said matter will be heard again. H. Non - Agenda Matters. No binding or final action may be taken on an matter Y not on the written agenda except by unanimous vote of the members in attendance or four -fifths (4/5) vote of the entire membership. ARTICLE 9 — COMMITTEES A. Planning Commission Committees. The Planning Commission may establish committees of its own membership for a specific purpose and duration. B. Ad Hoc Committees. The Planning Commission may request that the City Y q y Council appoint other members of the community to Ad Hoc Commission committees, which may be created by the Planning Commission for a specific purpose and duration. At least one voting member of the Planning Commission also shall be appointed to each such committee. ARTICLE 10 — RECORDS A. Minutes. The City shall supply a secrets at all regular and ' pp Y secretary g pedal meetings of the Planning Commission who shall be responsible for taking full and complete minutes and record all such meetings. The City staff shall be responsible for keeping a record of all Planning Commission resolutions, transcriptions, minutes p and findings. B. Open Meetings. All meetings shall be a matter of public record. S:Shared /Planning /Bylaws 6 2000 Planning Projects/Public Hearin Central Business District: Consider ordinance amendment and/or resolution adoption / p n for the establishment of CBD Design Guidelines Zoning Ordinance Amendment to include CBD Design Guidelines City of Oak Park Heights: Conditional Use Permit for well construction at Osgood Ave. N. Dougherty, Chuck: Zoning Amendment to establish a R -1 / B8s B Zoning district. Glenbrook Lumber 8s Supply Co.: Conditional Use Permit for outside storage of ' g building materials at 5302 Stagecoach Trail, N. Jacob Holdings: Subdivision - Lot 2, Block 2, Jacob Addition j Krongard Construction Co.: Planned Unit Development - General Plan for construction of 3 twinhomes Mandt, Terry 8s Christine: Variance from set back requirements, allowing 5-foot side yard g y d setback. Minnesota Department of Transportation: TH 36 Sub -Area Study Northern States Power: Conditional Use Permit for pole building relocation at Fl Ash Facilit . y ty Conditional Use Permit for cooling cell tower construction at A.S. Kin g Plant Pony Express Car Wash: Conditional Use Pc , lluit and Site Plan Review Port of Sunnyside, Inc.: Conditional Use Permit - Planned Unit Development request Public/ Institutional District: Consideration of Establishing such a district Roof -Tech, Inc.: Site Plan Review Stillwater Area High School: Conditional Use Permit Amendment (Ropes Course for change in operation . ) g peratlon guidelines. Conditional Use Pz;� "At to allow a greenhouse Stillwater Motors: • Conditional Use Permit - 1.06 acre off -site employee arldn Y P g area Twin City Federal: • Subdivision, Site Review & Rezoning Request for proper just north of 5804 Neal Ave. N. P Variance for additional driveway cut at property just north of 5804 Neal Ave. N. Valley Senior Services Alliance: - Planned Unit Development/ Minor Subdivision • Wal -Mart: Conditional Use Permit for outside storage and landscaping p g STATE Enterprises, Inc.: Minor Subdivision and Planned Unit .Develo ment Concept pt Plan Approval Planned Unit Development General Plan Approval t r INC** 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 nac@winternet.com MEMORANDUM ENCLOSURE b TO: Tom Melena FROM: Scott Richards DATE: February 21, 2001 RE: Oak Park Heights — Browns Creek Watershed Plan FILE NO: 798.04 As you are aware, the City Council at its February 13, 2001 meeting voted to direct the City Engineer to review the Browns Creek 2 " Generation Plan and provide comments within the next 30 days. This follows the presentation made by representatives of the • Browns Ore Watershed District and the DNR to the Planning Commission to provide direction as to how to proceed on this matter. Recognizing the complexity of this issue and the need for professional engineering staff advise, the City Council felt that another presentation may not be necessary. The comments of the City Engineer will be forwarded to the Planning Commission once completed. The City Council, upon review of the City Engineer's report may then ask for additional Planning Commission assistance. If members of the Planning Commission have any comments or questions about the Browns Creek Plan, they should contact Kris Danielson at 651/439 -4439 or Scott Richards at 952/595 -9636. PC: Kris Danielson X7,1 CITY OF OAK PARK HEIGHTS 14168 North 57th Street P.O. Box 2007 Oak Park Heights, MN 55082 -2007 Phone: 651/439 -4439 Fax: 651;439 -0574 I ENCI-O'Rt IRE 7 Arbo rist to Conduct "Tree Talk" on Thursday March 15 Are you interested in learning more about the trees in your yard, or planning to plant trees this spring? Our City Arborist, Kathy Widin will be presenting an informational session on tree selection, planting and care on Thursday, 3/15/01 from 7:00 — 8:00 PM at Oak Park Heights City Hall. Everyone is welcome to attend this presentation that will feature lots of information on tree identification, the best tree species, planting, pruning and general care tips. This event is sponsored in part by a Forest Health grant from the Minnesota Department of Natural Resources. Tree City U.S.A.