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HomeMy WebLinkAbout2006-10-05 OPH - NAC Email Re CUP Document (2) • • NAC t•ifiRTHWtST ASSOCIATtO Calt4SUILTAIHiTS. MIC, 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 nac @winternet.com PLANNING REPORT TO: Tom Melena LE COPY FROM: Scott Richards DATE: December 6, 2000 RE: Oak Park Heights — Cover Manor Zoning FILE NO: 798.02 — 00.16 BACKGROUND Chuck and Judy Dougherty have made application to rezone their Cover Manor property located at 15330 58 Street North. The property is used as a residence for the family and as a bed and breakfast with four guest suites. In 1999, the area, including the Dougherty property, was zoned from R -2, Low and Medium Density Residential to R -1, Single Family Residential. Bed and breakfast facilities are a listed conditional use in the R -2 District, but not currently allowed in the R -1 District. The Doughertys are proposing an expansion that would add a total of ten guest suites, meeting rooms, a commercial kitchen, a small breakfast room and a lounge /social room. The request of the applicant is to examine the options for rezoning their property and amendments to the Zoning Ordinance to accommodate their proposal. They are not requesting a review of their specific building and expansion plans at this time. Attachments: Exhibit 1: Property Location Map Exhibit 2: Letter from Chuck and Judy Dougherty (with attachments) Exhibit 3: R -1 District Exhibit 4: R -2 District Exhibit 5: R -3 District Exhibit 6: R -B District • • ANALYSIS Zoning Request. The Doughertys have requested that a R -1 Zoning District, specific to a bed and breakfast use, be created to accommodate their expansion plans. The R -1 Districts have been created for Oak Park Heights to accommodate varying lot sizes for neighborhoods of single family development. It is unusual that a City would include a home business such as a bed and breakfast in an R -1 District. Cities that allow for bed and breakfasts usually accommodate them in low and medium density districts, such as the existing R -2 District of the Oak Park. Heights Zoning Ordinance. It would not be advisable to create a zoning district specific to use or to accommodate development of one property. Options to Consider for Bed and Breakfasts. The bed and breakfast use as conditional in the R -2 District is limited by the restrictions included in the conditions. Also, please note that the allowed permitted and conditional uses of the R -2 District carry over to the R -3 and R -B Districts (see Exhibits 5 and 6). A maximum of four bed and breakfast units may be established in a structure. Additionally, dining and other facilities shall not be open to the public. The Doughertys are proposing ten units and the allowance to host groups for meetings, dining and socializing that may not be overnight guests of the inn. The Planning Commission and City Council must first of all decide if it wants allowances for larger bed and breakfasts or small inns within one or more zoning districts of the City. This consideration should be made on what is best for the City as a whole, and if the additional allowance for bed and breakfast could positively impact the community by attracting business and tourists. The following options could be considered to allow an expansion of the bed and breakfast use in the City. Option 1. Create a new R -1, Bed and Breakfast zone as requested by the Doughertys. This zone would be established to allow for single family development and bed and breakfasts. Pros: Limits use in district to only single family homes and bed and breakfasts. Cons: Bed and breakfast facilities, especially those with as many as ten units may not be compatible with a single family neighborhood. Creating a specific zoning district for a particular location in a community is spot zoning and could be legally challenged. Option 2. Amend the R -2 District conditions for bed and breakfasts to allow up to ten or 12 units and exclude the requirement that dining and other facilities shall not be available to other than overnight guests of the facility. Pros: A new zone is not created. 2 • Cons: The intensity of use for a bed and breakfast is significantly increased with this option which raises compatibility issues with in neighborhood settings. Significant areas of the City are zoned R -2. The Planning Commission and City Council must be comfortable with allowing an expanded bed and breakfast use in any of these districts. If a property is rezoned from R -1 to R -2 to accommodate a bed and breakfast, the setting must be appropriate to accommodate other R -2 allowable uses including two to four multiple family dwelling structures. Option 3. Amend the R -B, Residential Business District to allow for bed and breakfasts as a conditional use. The conditions added to the district provisions would allow for up to ten to 12 units, service to persons that are not overnight guests, but not allow a full restaurant or even coffee shop. Pros: A bed and breakfast or small inn is compatible with the mixture of residential uses /business uses currently allowable in the R -B District. The City has used the R -B District in the past as an effective transitional use between neighborhoods and business areas. A bed and breakfast facility could serve as a good transitional use. Cons: Properties rezoned from a single or two family residential district to accommodate a bed and breakfast must be in a setting that is appropriate for the multiple family and business uses that could replace the bed and breakfast use. CONCLUSION There is no easy fix solution to accommodate expanded bed and breakfast facilities or inns in the Zoning Ordinance. The Planning Commission and City Council must consider whether this is a use that is appropriate in or near neighborhood settings. The discussion should first focus on the Zoning Ordinance issues and not whether the ordinance can be fixed to accommodate the Doughertys' plans. Once a clear direction on zoning has been made, the Doughertys' plans can be considered. pc: Kris Danielson 3 i 0 u- N °v 0 a' 13 L Q QR la x cm Z i N Y 00 Q . c ��¢ W Z E a¢ CO N a 8 , 2 3 ct N d 0 0z G1 ct J Q - »' ® U ° ow m w 2 4.7.1 I— O - V 7 C H C rn rn rn 0 1 i 3 ° U I ._ l l ■ Q = 4111111 i ■I Cl IIIIIIIII W ill . II11111111 O • ,:.. ' A - ,, , , , ; : :', 1 :,, :: : : ! ; ,:::i; ' , :„ : : ; A ;,-;'1.,!.,,i;A,:i:.',., ' 1,;-I, ;;i11,-:,:',!,.■A',!:'„' K.,':;:".'!:!=''!;:' Z IIII j i:IH H I P gIO 1 II ■1 t / , I!gf1 � ■ $ , IIIIIIIIIIIII f i_ ,,,, ..... , , ..,...,, ., „ �� 00111 r < ....- ,..„_..,._ olo -0 _ ,,d s ■ ■■ il ri La O O_ _L■.1 1.1i Al \-‘1111 1I11111111 .. ��. 11 11 � • EN= �il�� ! � 111 wir ,-,.:L.:,,,-,,,,,,,..„.„ ‘ ,,,,„,...,,,,:,;_z:, .,.., . . ....._ , .., . ... „ .. _. . ...„... ,.... 0 1 „ .. . . . . ,,,..... „ _ , .. . . . ,, ,,... ., . Ii�� a i . .....,.. . , , . . ... L.._ . .. v i ' '- --- ' - - o 11i zv 7 I. E I. r . EXHIBIT 1 �. • November 9, 2000 Mayor and City Council City of Oak Park Heights 14168 Oak Park Blvd. North Oak Park Heights, MN 55082 Dear Mayor and City Council, Enclosed you will find our application pertaining to rezoning and explanation of our Bed & Breakfast, The Cover Park Manor, located at 15330 58 Street North. Since we have moved to the property last year we have been making plans to expand the innkeepers living quarters. During this planning stage we have also had time meet and talk with many of our guests and potentional guests to get their input into what they feel would be a good addition to the Manor. We have also taken time to look at what our needs with this business are. The number one item would be to increase the number of guest rooms, to be able to accommodate the number of requests we get from people coming out to enjoy the Valley. We have also had many requests from groups looking for a secluded place to hold meetings and retreats. To be able to host these groups, we would need more rooms and a larger meeting area. Our personal needs are to add a three bedroom living quarters, and expand the business to be able finance this expansion. We have talked with neighbors to get their feelings about this rezoning and have found nothing but support. Enclosed is a petition signed by many of the affected neighbors. Enclosed you will find the following: • Explanation of the project and our request. • Development application. • Copy of the petition. • Property Tax statement. • Parcel search and mailing list. • A check for $1400, $400 for base fee and $1,000 for the escrow account. We look forward to working with you in the realization of this exciting project. Sincerely, r ____ �G�JJ uck & Judy Dougherty EXHIBIT 2 • • the cove pAkk MANOR pZO)ECt Our goal is to create a relaxing country manor that can accommodate the tourist travelers' needs and also the needs of the small meetings and retreat business from our area and the Twin Cities' market. We are proposing to add an addition of guest suites, meeting rooms and larger Innkeeper's quarters to the existing Cover Park Manor Bed & Breakfast. The new structure would match building type and style of the existing Inn. Specifically as follows: Guestrooms: . There would be five new guest suites on the second floor of the addition. We would also be reconfiguring the rooms in the existing house to change that number of rooms from four to five. This would then give us a total of ten rooms at the Manor. Conference space: The first floor of the new addition would be a meeting room(s) with a total space of approximately 1350 square feet. This could be used as one large room or divided in half by use of an airwall. We will be installing a commercial kitchen, add a small breakfast room and a lounge type room that could be used as additional meeting rooms or a social room for the guests. Private living quarters for Innkeeper: There would also be an addition of a three bedroom private living area for the owner / innkeeper. • • The following are items from our conversations with Kris Danielson and Scott Richards that we would request the city take action on: 1. The creation of a Bed and Breakfast zone. It is our understanding that the best way to handle our property would be to create a new Bed and Breakfast / R -1 zone and then rezone our property and the NSP property to the west to this new zone. We would like to work with the city staff on the creation of this new zoning ordinance and then have our property and the NSP property rezoned to this new zone. 2. It is our understanding that the City has a program for special assessment for earthwork and below grade foundation and cement work. We would like to apply for this program with construction of our addition. 3. We would also be interested in exploring any other financing assistance that may be available through the city government, if there is any. 4. We would like to secure a wine, beer, liquor license for our operation. 5. We have an agreement of right of first refusal with NSP (Excel Energy) to purchase the land directly to the west of our property. The rezoning also applied to that property. 6. All new construction will match the building type and style of the existing manor and will be within the requirements of building ordinances governing this type of construction and zone. • • I would be in favor of rezoning the Dougherty's property at 15330 58 St N. and the NSP property directly to the west of their property to a new RI / Bed and Breakfast type zone. I understand that the Chuck and Judy Dougherty would like to expand their existing bed & breakfast to ten guestrooms and also be able to host small meetings. Name Address Phone Pfftf C— /5 36 , / /C3 �s 0 .6= Si - 56?- 6 3 137 0,47S e Lk 0 t o //e/" t ' . a q s c' - 76 A( _ 77 /© C 120,.. 6ek 5 ?K Fed qvF 7t /t/ /�� /�` 5/ 7/7 Vv' vA-7 t X13 51 13c ) y 7 (1 Pi1;; /) )11 OP/ 4 �'- i 1 (,11.(i'- I'S 336 5 1\ S -t 1.1 (1_3-9‘ O • I would be in favor of rezoning the Dougherty's property at 15330 58 St N. and the NSP property directly to the west of their property to a new RI / Bed and Breakfast type zone. I understand that the Chuck and Judy Dougherty would like to expand their existing bed & breakfast to ten guestrooms and also be able to host small meetings. Name Address Phone 2/ W/ /9e/t.A (957 07C 5z r�''t c e - 7," 6 PeiA A/ 9 v 6.7%1 c - 2 J _ • 401.22. R -1, SINGLE FAMILY RESIDENTIAL DISTRICT 401.22.A. Purpose. The purpose of the R -1, Single Family District is to provide for low density single family detached residential dwelling units and directly related, complementary uses. 401.22.B. Permitted Uses. The following are permitted uses in an R -1 District: 1. Single family detached dwellings. 2. City parks and playgrounds. 3. Day care facilities serving twelve (12) or fewer persons. 4. Residential care facilities serving six (6) or fewer persons. 5. Cellular telephone antennas located on a public structure as regulated in Section 401.15.P of this Ordinance. 401.22.C. Interim Uses. The following are interim uses in an R -1 District: 1. None. 401.22.D. Accessory Uses. The following are permitted accessory uses in an R -1 District: 1. Private garages, parking spaces and carports for licensed and operable passenger cars and trucks not to exceed a gross capacity of twelve thousand (12,000) pounds, as regulated by Section 401.15.F. (Off- Street Parking) of this Ordinance. Private garages are intended for use to store the private passenger vehicles of the family or families residing upon the premises, and in which no business service or industry is carried on. 2. Recreational vehicles and equipment. 3. Home occupations. 4. Private swimming pools when fully in compliance with all applicable State standards. 22-1 EXHIBIT 3 • • 5. Tool houses, sheds and similar buildings for storage of domestic supplies and non- commercial recreational equipment. 6. Public parks and playgrounds. 7. Essential services. 8. Radio and television antennas including single satellite dish TVROs one (1) meter or Tess in diameter, short -wave radio dispatching antennas, or those necessary for the operation of household electronic equipment including radio receivers, federally licensed amateur radio stations and television receivers, as regulated in Section 401.15.P of this Ordinance. 401.22.E. Conditional Uses. The following are conditional uses in an R -1 District. (Requires a conditional use permit based upon procedures set forth in and regulated by Section 401.03 of this Ordinance.) 1. Public or semi - public recreational buildings and neighborhood or community centers' public and private educational institutions limited to elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples and synagogues provided that: a. Side yards shall be double that required for the district, but no greater than fifty (50) feet. b. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 401.15.E. of this Ordinance. c. Adequate off - street parking and access is provided on the site or on lots directly abutting across a public street or alley to the principal use in compliance with Section 401.15.F. of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 401.15.E. of this Ordinance. d. Adequate off - street loading and service entrances are provided and regulated where applicable by Section 401.03.F of this Ordinance. e. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 2. Water supply buildings, reservoirs, wells, elevated tanks and similar essential public utility and service structures. 22 -2 • 1 3. Residential planned unit development as regulated by Section 401.06 of this Ordinance. 4. 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. 5. 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. 22 -3 • • 401.26. R -2, LOW AND MEDIUM DENSITY RESIDENTIAL DISTRICT 401.26.A. Purpose. The purpose of the R -2, Low and Medium Density Residential District is to provide for low to moderate density residential dwellings and directly related, complementary uses. 401.26.B. Permitted Uses. The following are permitted uses in an R -2 District: 1. All permitted uses allowed in an R -1 District. 2. Two family dwelling units. 401.26.C. Interim Uses. The following are interim uses in an R -2 District: 1. None. 401.26.D. Accessory Uses. The following are permitted accessory uses in an R -2 District: 1. All accessory uses as allowed in an R -1 District. 401.26.E. Conditional Uses. The following are conditional uses in an R -2 District: (Requires a conditional use permit based upon procedures set forth in and regulated by Section 401.03 of this Ordinance.) 1. All conditional uses, subject to the same conditions as allowed in an R -1 District. *2. Townhouses, quadraminiums, cooperatives and condominiums as defined in Section 401.02.B. of this Ordinance. 3. Multiple family dwelling structures of not more than four (4) units, provided that: a. The proposed site contains at least three thousand five hundred (3,500) square feet per dwelling unit. b. The proposed site is located adjacent to a collector or minor arterial street. * Amended Ord. No. 97- 401.02, October 14, 1997 26 -1 EXHIBIT 4 • • c. At least one (1) garage space is provided for each dwelling unit. d. The proposed site is landscaped and screened with planting materials in compliance with Section 401.15.E. of this Ordinance. e. The proposed structure design is reasonably compatible with its low density residential environment, as determined by the City Council. *f. The provisions of Section 401.03.A.8. of this Ordinance are considered and satisfactorily met. 5. Bed and breakfast facilities providing that the following criteria are met: a. A maximum of four (4) bed and breakfast units may be established within a structure. b. The facility shall have a State license (hotel and food), and comply with all health, safety, building and fire codes as may be required or applicable. c. Facilities shall be owner or manager occupied at all times when guests are present. d. The principal structure shall have a minimum size of one thousand seven hundred fifty (1,750) gross square feet and shall be located on a lot which meets the minimum dimensional lot requirements of the district in which it is located. e. All bed and breakfast units shall be established within the principal structure. f. Not more than the equivalent of one (1) full -time person shall be employed by the bed and breakfast facility who is not a resident of the structure. g. Dining and other facilities shall not be opened to the public, but shall be used exclusively by the registered guests and residents. h. Two (2) off - street parking spaces shall be provided for the home plus one (1) space for each bed and breakfast unit. Parking areas shall be screened and landscaped and no parking space shall be located in the front yard area of the property. * Amended Ord. No. 97- 401.02, October 14, 1997 26 -2 • • Not more than one identification sign not exceeding six (6) square feet in area may be located on the premises. The sign shall be reflective of the architectural features in the structure and may not be externally or internally illuminated. j. 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. *6. Manufactured Housing Parks. Manufactured housing parks including manufactured single family housing units, offices limited to the administration of the park, recreational buildings and structures, storm shelters, and other directly related complementary uses, provided that: a. General Provisions for all Manufactured Home Parks. 1) Area. All land area shall be: a) Adequately drained. b) Landscaped to control dust. c) Clean and free from refuse, garbage, rubbish or debris. 2) Outdoor Camping. There shall not be outdoor camping anywhere in a manufactured home park. 3) Public Access. Public access to manufactured housing parks shall be as approved by the City. 4) Building Permit. All structures (fences, storage, decks, etc.) shall require a building permit from the Building Official. Fences shall be prohibited on individual manufactured home lots. 5) Foundation Enclosure. The area beneath a manufactured home shall be enclosed except that such enclosure must have access for inspection. 6) Community Building /Emergency Storm Shelter. A manufactured home park shall have an adequate central community building and storm shelter. Such building must be constructed in conformance with Chapter 1370, Department of Administration, Minnesota State * Amended Ord. 98- 401 -02, 12 May 1998 26 -3 • Building Code requirements for storm shelters and be provided with rest room facilities, have adequate heating in all areas, and be maintained in a safe, clean and sanitary condition. Additionally, all emergency storm protection measures shall be subject to the approval of the City Council 7) Lot Setbacks. Individual manufactured home lot setbacks: a) No manufactured home shall be located closer than ten (10) feet to a side or rear lot line. The front yard setback shall be at least thirty (30) feet from the street surface. On corner lots, the side yard setback shall be at least twenty (20) feet from the street surface. No manufactured home shall be located closer than thirty (30) feet from the periphery lot line of the manufactured home park. 8) Permitted Encroachments. a) Attached steps, uncovered stoops, and landings may encroach up to five (5) feet into a side yard setback, provided that they do not exceed twenty (20) square feet in area or extend closer than ten (10) feet to a structure on an adjacent lot. b) An eave or overhang may encroach up to one (1) foot into a front, side and rear setback. 9) Building Height Requirements. No structure shall exceed one (1) story or twenty -five (25) feet, whichever is least. 10) Utilities. a) All manufactured home parks shall be connected to a public water and sanitary sewer system. b) All installations for disposal of surface storm water must be approved by the City and applicable watershed district. c) All utility connections shall be as approved by the City. d) All utilities shall be underground. There shall be no overhead wires or supporting poles except those essential for street or other lighting purposes. 26 -4 • • e) No obstruction shall be permitted that impedes the inspection plumbing, electrical facilities, and related manufactured home equipment. f) The method of garbage, waste, and trash disposal must be approved by the City. g) The owner shall pay any required sewer and water connection fees to the City. h) The owner shall pay inspection and testing fees for utility services to the City. 11) Storage. Exterior storage on individual manufactured home lots shall comply with the provisions of Section 401.15 of this Chapter, except not more than one (1) recreational vehicle may be allowed on a lot. 12) Accessory Buildings. a) Except as specifically regulated by this Section, all accessory buildings shall meet the applicable requirements of Section 401.15 D of this Chapter. b) Limit. Accessory buildings including garages shall be limited to one (1) per manufactured home lot. Maximum allowable floor area shall not exceed six (6) percent of the lot size in manufactured home parks where lot size is delineated by site plan or lot markers. c) Maximum Building Height. Fifteen (15) feet. d) Location. The manufactured home park site plan shall designate the locations proposed for the development of garages and/or accessory buildings on each manufactured home. Said accessory buildings shall comply with the following setback requirements: An accessory building shall only be located in side or rear yards. ii. Accessory buildings shall not be located within any utility easements. 26 -5 • • All accessory buildings located on individual manufactured home unit lots shall be owned, constructed, and maintained by the manufactured home park owner. All accessory structures shall be established as part of a predetermined site plan and subject to the approval of the City Council. e) Building Type and Construction. Any building addition shall either be manufactured or custom built of materials that are consistent or compatible to the design of the principal building. "Compatible" means that the exterior appearance of an accessory building is not at variance with the principal building from an aesthetic and architectural standpoint to cause: A difference to a degree to cause incongruity with the principal building. ii. A deviation from the general character of the neighborhood. iii. A depreciation of neighborhood values or adjacent property values. iv. A nuisance. Types of nuisance characteristics include, but are not limited to, noise, dust, odors, glare and unsightly building exterior. b. Design Requirements for Manufactured Home Parks. 1) Park Size. The minimum area required for a manufactured home park designation shall be twenty (20) acres. 2) Lot Size. Individual manufactured home lots: a) Lot Area. Not less than twelve thousand (12,000) square feet. b) Lot Width. Not less than eighty (80) feet. c) Lot Depth. Not less than one hundred (100) feet. d) Each manufactured home lot shall have frontage on an approved roadway and the corners of each manufactured home lot shall be marked and each lot shall be numbered. 26 -6 • 3) Parking. a) Each manufactured home site shall have off - street parking space for two (2) passenger vehicles. b) All parking spaces shall be hard surfaced according to specifications established by the City. 4) Internal Roads and Streets. a) All streets shall be private streets and shall be developed with a road bed of not less than thirty -two (32) feet in width and shall meet City design specifications. Street plans shall be subject to review and approval of the City Engineer. A reduction in the street width requirement may be allowed by conditional use permit as regulated by Section 401.03 of this Chapter provided sufficient off - street guest parking spaces, as determined by the City, are constructed and maintained at the owner /operator's expense. b) The park shall have a street lighting plan approved by the City. 5) Recreation. All manufactured home parks shall have at least ten (10) percent of the land area developed for recreational use (tennis courts, children's play equipment), swimming pool, golf green, etc.). The recreational use shall be developed and maintained at the owner /operator's expense. 6) Landscaping. a) Each manufactured home lot shall be provided with two (2) trees. The size and type of trees must meet the requirements of Section 401.15.E of this Chapter. b) A landscape screen meeting the requirements of Section 401.15.E of this Chapter shall be installed and maintained around each manufactured home park. c) AM areas shall be landscaped in accordance with a landscaping plan approved by the City Council. 26 -7 • • 7) Lighting. a) Artificial light shall be maintained during all hours of darkness in all buildings containing public toilets, laundry equipment, and the like. b) The manufactured home park grounds shall be lighted as approved by the City from sunset to sunrise. c) All lighting within the manufactured home park grounds shall be subject to the requirements of Section 401.15.B.7 of this Chapter. c. Operational Standards for Manufactured Home Park. 1) Maintenance. The operator of any manufactured home park, or a duly authorized attendance and /or caretaker shall be responsible at all times for keeping the manufactured home park, its facilities and equipment, in a clean, orderly, operable, and sanitary condition. The attendant or caretaker shall be answerable, along with said operator, for the violation of any provisions of these regulations to which said operator is subject. 2) Inspection Prior to Sale. Prior to the sale of a manufactured home within a manufactured home park, the operator of a manufactured home park or the duly authorized attendant and /or caretaker must inform the Building Official of the prospective sale and provide him with a completed copy of the Manufactured Home Safety Disclosure Form required by Minnesota Statutes, Section 327.07, Subdivision 3A. 3) Permits. Prior to a manufactured home being moved into a lot, the owner shall apply for and obtain a building permit for the (foundation) blocking to State Code and a permit for connection to public sewer and water. The application for permits shall be accompanied by a site plan, drawn to scale, detailing the unit placement, accessory structures, and setbacks. 4) Upgrading. Prior to locating a manufactured home housing unit constructed prior to 1 July 1972, on a lot within a manufactured home park within the City, said unit shall be upgraded to current life safety codes and subject to the approval of the Building Official. 26 -8 • d. Maintenance. All private internal streets in manufactured home parks shall be maintained by the park owner in a good state of repair, free from obstructions, encumbrances, depressions, pot holes, and break ups. Snow shall be promptly plowed and removed from streets and adjacent mail boxes and fire hydrants, so that snow or snow piles do not constitute a safety hazard to motorists and pedestrians, or constitute an obstruction to emergency service vehicles. Icy streets and areas adjacent to mail boxes shall be promptly sanded. "Promptly" shall mean no later than twenty -four (24) hours after the end of a snow fall or in the case of ice within twenty -four (24) hours after it was formed. 26 -9 • 401.27. R -3, MULTIPLE FAMILY RESIDENTIAL DISTRICT 401.27.A. Purpose. The purpose of the R -3, Multiple Family Residential District is to provide for medium to high density housing in multiple family structures and directly related, complementary uses. 401.27.B. Permitted Uses. The following are permitted uses in an R -3 District: 1. Multiple family dwelling structures. 2. Day care facilities serving twelve (12) or fewer persons. 3. Residential care facilities serving six (6) or fewer persons in single family detached dwellings. 4. City parks and playgrounds. 5. Essential services. 6. Residential care facilities in multiple family structures housing sixteen (16) or fewer persons. 7. Cellular telephone antennas located on a public structure as regulated in Section 401.15.P of this Ordinance. 401.27.C. Interim Uses. The following are interim uses in an R -3 District: 1. None. 401.27.D. Accessory Uses. The following are permitted accessory uses in an R -3 District: 1. All permitted accessory uses allowed in an R -2 District. 2. Off - street loading. 27 -1 EXHIBIT 5 • • 401.27.E. Conditional Uses. The following are conditional uses in an R -3 District: (Requires a conditional use permit based upon procedures set forth in and regulated by Section 401.03 of this Ordinance.) 1. All conditional uses allowed in an R -2 District. 2. Private marina and boat storage facilities, provided that: a. Sufficient off - street parking area is available to accommodate all marina facility users on -site in designated and improved lots. b. All off - street parking and outside storage areas are fenced and screened in accordance with Section 401.15.E. of this Ordinance. c. Written approval from the State Fire Marshall, Federal Environmental Protection Agency, Minnesota Pollution Control Agency, and Minnesota Department of Natural Resources is obtained for any on or off -water fueling facilities. 27 -2 • • 401.28. R -B, RESIDENTIAL - BUSINESS TRANSITIONAL DISTRICT 401.28.A. Purpose. The purpose of the R -B, Residential Business Transitional District is to provide for high density residential use and for the transition in land use from residential to low intensity business allowing for the intermixing of such uses. 401.28.B. Permitted Uses. The following are permitted uses in an R -B District: 1. All permitted uses allowed in an R -3 District. 401.28.C. Interim Uses. The following are interim uses in an R -B District: 1. None. 401.28.D. Accessory Uses. The following are permitted accessory uses in an R -B District: 1. All permitted accessory uses as allowed in an R -3 District. 2. Commercial vehicle parking. 401.28.E. Conditional Uses: The following are conditional uses in an R -B District: (Requires a conditional use permit based upon procedures set forth in and regulated by Section 401.03 of this Ordinance.) 1. All conditional uses, subject to the same conditions, as allowed in an R -3 District. 2. Medical offices and clinics, dental offices and clinics, professional offices and commercial (leased) offices (limited to appraisers, architects, attorneys, certified public accountants, clergymen, dentists, engineers, manufacturers' representatives, physicians, real estate agents, mail order businesses, and other similar uses which have no exterior storage of merchandise, and are service oriented with no retail sale of goods on the premises), and funeral homes and mortuaries provided that: a. The site and related parking and service entrances are served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated. 28 -1 EXHIBIT 6 • • b. Adequate off - street parking is provided in compliance with Section 401.15.F. of this Ordinance. c. Adequate off- street loading is provided in compliance with Section 401.15.F. of this Ordinance. d. Vehicular entrances to parking or service areas shall create a minimum of conflict with through traffic movement. e. When abutting an R -1, R -2, or R -3 District, a buffer area with screening and landscaping in compliance with Section 401.15.E. of this Ordinance shall be provided. f. All signing and information or visual communication devices shall be in compliance with Section 401.15.G. of this Ordinance. g. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 3. Nursing homes and similar group housing, but not including hospitals, sanitariums or similar institutions, provided that: a. Side yards are double the minimum requirements established for this district and are screened in compliance with Section 401.15.E. of this Ordinance. b. Only the rear yard shall be used for play or recreational areas. Said area shall be fenced and controlled and screened in compliance with Section 401.15.E. of this Ordinance. c. All signing and informational or visual communication devices shall be in compliance with Section 401.03.G. of this Ordinance. d. The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated. e. All State laws and statutes governing such use are strictly adhered to and all required operating permits are secured. f. Adequate off - street parking is provided in compliance with Section 401.15.F of this Ordinance. g. One (1) off- street loading space in compliance with Section 401.15.F. of this Ordinance is provided. 28 -2 • h. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 4. Apartment Density Bonus. Except for elderly housing, a maximum of twenty (20) percent reduction in square feet of lot area per unit for multiple family dwellings of ten (10) units or more as required in Section 401.15.C. of this Ordinance based upon the following bonus features and square foot reduction: Square Foot Bonus Feature Reduction Per Unit a. Type two construction 150 square feet b. Elevator serving each floor 50 square feet c. One -half (%) of the required free parking underground or within the principal structure (not including attached or detached garages) 150 square feet d. One -half (%) of the required parking within attached or detached garages 50 square feet e. Indoor recreation and social rooms equal to twenty -five (25) square feet per unit or seven hundred fifty (750) square feet total, whichever is greater 50 square feet f. Major outdoor recreational facilities such as swimming pools, tennis courts or similar facilities requiring a substantial investment equaling at minimum five (5) percent of the construction cost of the principal structure 25 square feet 5. Retail commercial activities provided that: a. Merchandise is sold at retail. b. The retail activity is located within a structure whose principal use is not commercial sales. c. The retail activity shall not occupy more than fifteen (15) percent of the gross floor area of the building. 28 -3 • d. The retail activity is not located within a structure whose principal use is residential. e. No directly or indirectly illuminated sign or sign in excess of ten (10) square feet identifying the name of the retail business shall be visible from the outside of the building. f. No signs or posters of any type advertising products for sale shall be visible from the outside of the building. g. The provisions of Section 401.03.A.8. of this Ordinance are considered and satisfactorily met. 6. Buildings combining residential and non - residential uses allowed in this district provided that: a. Residential and non - residential uses shall not be contained on the same floor. b. The residential and non - residential uses shall not conflict in any manner. c. The residential building standards as outlined in this section are met. d. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 7. Elderly (senior citizen) housing provided that: a. Not more than ten (10) percent of the occupants may be persons sixty (60) years of age or under (spouse of a person over sixty (60) years of age or caretakers, etc.). b. Except for caretaker units, occupancy shall be limited to man and wife, blood relatives, or a single man or single woman. c. To continue to qualify for the elderly housing classification, the owner or agency shall annually file with the City Clerk and the Building Official a certified copy of a monthly resume of occupants of such a multiple dwelling, listing the number of tenants by age and clearly identifying and setting forth the relationship of all occupants sixty (60) years of age or under to qualified tenants, or to the building. 28 -4 • • • d. There is adequate off - street parking in compliance with Section 401.15.F. of this Ordinance. e. One (1) off - street loading space in compliance with Section 401.03.F of this Ordinance. f. Parking areas are screened and landscaped from view of surrounding and abutting residential districts in compliance with Section 401.15.E. of this Ordinance. g. The site of the principal use and its related parking is served by an arterial or collector street. h. All signing and informational or visual communication devices shall be in compliance with Section 401.15.G. of this Ordinance. The principal use structure is in compliance with the Minnesota State Uniform Building Code. j. Elevator services is provided to each floor level. k. Useable open space as defined in Section 401.02.B. of this Ordinance at a minimum equal to twenty (20) percent of the gross lot area. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 8. Buildings in excess of three (3) stories or thirty -five (35) feet provided that: a. The site is capable of accommodating the increased intensity of use. b. The increased intensity of use does not cause an increase in traffic volumes beyond the capacity of the surrounding streets. c. Public utilities and services are adequate. d. For each additional story over three (3) stories or for each additional ten (10) feet above thirty -five (35) feet, front and side yard setback requirements shall be increased five (5) feet, except for elderly public housing. e. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 28 -5 • 9. Limited warehousing activities provided that: a. Limited warehousing operations that include offices shall be subject to the additional conditions found in Section 401.28.E.2. b. Limited warehousing operations that include retail commercial activities shall be subject to the additional conditions found in Section 401.28.E.5. c. No outside storage of goods and materials is associated with the use. All business related materials shall be completed enclosed within a permanent structure. d. Warehousing goods and materials shall be non - explosive. e. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence. f. All lighting shall be hooded and so directed that the light source is not visible from the right -of -way or from a residential zone or use. g. Adequate screening and landscaping from neighboring residential districts is provided in accordance with Section 401.15.E. of this Ordinance. h. There shall be no idling of unattended vehicles allowed on the premises at any time. Business activities shall not be permitted before 6:00 am or after 6:00 pm or on Sundays. j. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G. of this Ordinance. k. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 28 -6