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HomeMy WebLinkAbout2013-01-03 Planning Report TPC 3801 Thurston Avenue N, Suite 100 .d 3 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPCQPIanningCo.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: January 3, 2014,3 RE: Oak Park Heights — Temporary Outside Sales — Accessory Use in the B -2, B -4 Districts and Areas Zoned Commercial Planned Unit Development. TPC FILE: 236.01 — 13.01 BACKGROUND City Staff has been discussing how to administer temporary outside sales such as garden centers, fireworks sales, or holiday decoration /tree sales. Currently, the only temporary sales operation that is not directly related to the adjacent retailer is the Linder's Flower Mart in the Kowalski's parking lot. The garden centers at Menards, Lowes and Walmart have been incorporated into the buildings or fenced and are now a permanent part of their retail operations. It is suggested that the City amend the Zoning Ordinance to allow temporary outside sales as an Administrative Permit that is approved by the Zoning Administrator (City Administrator). This would be done on a yearly basis by filling out a permit form that is submitted, reviewed and approved by the City Administrator. This is similar to how home occupations are regulated. If there are issues that have arisen in the past or issues that are anticipated, the City Administrator can add conditions to the permit. We would suggest that the allowance for temporary outside sales be limited to just garden centers, fireworks sales and holiday decorations /tree sales. The two Zoning Districts that would be amended would be the B -2, General Business District and the B -4, Limited Business District. Areas zoned Commercial Planned Unit Development District, which includes the shopping center where Linder's is located, would also be subject to the allowance for temporary outside sales. A public hearing has been scheduled to review the potential Zoning Ordinance amendments at the January 10, 2013 Planning Commission meeting. EXHIBITS Exhibit 1: Zoning Map Exhibit 2: B -2 District Section Exhibit 3: B -4 District Section Exhibit 4: Letter and Exhibits from Caio Cella, Linder's Flower Mart, December 10, 2012 PROPOSED B -2 LANGUAGE Staff would suggest the following text change to add item 3. under Section 401.30.D. Accessory Uses within the B -2 District. The new language is underlined. 401.30.D. Accessory Uses. The following are permitted accessory uses in a B -2 District: 1. All permitted accessory uses as allowed in a B -1 District. 2. Semi -Truck parking. 3. Temporary outside sales, to include only garden centers, fireworks sales, or holiday decoration /tree sales as a yearly administrative permit subiect to review and approval of the Zoning Administrator and subject to the following conditions: a. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Section 401.15.E of this Ordinance. b. All lighting shall be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring residences and shall be in compliance with Section 401.15.B.7 of this Ordinance. c. Sales and storage area is blacktopped or concrete surfaced. d. The architectural appearance, scale, construction materials, and functional plan of the structure and site shall not cause impairment in property values, or constitute a blighting influence within a reasonable distance of the site. e. Adequate analysis and provisions are made to resolve issues related to provision of water and electricity to the site and the demand for City services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. 2 f. Facilities on a site shall not be operated between the hours of 10:00 PM and 6:00 AM unless otherwise allowed by formal action of the City Council. g. Provisions are made to control and reduce noise in accordance with Section 401.15.B.11 of this Ordinance. h. If the use is covering existing parking stalls, there shall be adequate excess parking on site so that all parking requirements are complied with. The location of the use shall create a minimum of conflict with traffic movement, shall comply with Section 401.15.F of this Ordinance, and shall be subject to the approval of the City Engineer. j. Any required drainage systems shall subject to the approval of the City Engineer. k. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G of this Ordinance. I. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. m. The owner of the property must additionally approve the placement of the temporary facilities by co- signing any required application; if such vendor is not directly related to the owner, the owner shall also be subject to additional enforcement actions should the vendor not comply with requirements herein or within this Ordinance. n. The City may revoke the Temporary Outside Sales Permit at anytime should the operations become a public nuisance or hazard as defined by the City. o. No Temporary Outside Sales Permit shall exceed 120 calendar days per year. The City Administrator may issue 30 calendar day extensions if applied for prior to the conclusion of the initial 120 time period. PROPOSED B -4 LANGUAGE Staff would suggest the following text change to add item 3. under Section 401.301.D. Accessory Uses within the B -4 District. The new language is underlined. 3 401.301.D. Accessory Uses. The following are permitted accessory uses in a B -4 District: 1. All permitted accessory uses as allowed in a B -1 District. 2. Semi -Truck parking. 3. Temporary outside sales, to include only garden centers, fireworks sales, or holiday decoration /tree sales as a yearly administrative permit subject to review and approval of the Zoning Administrator and subject to the following conditions: a. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Section 401.15.E of this Ordinance. b. All lighting shall be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighborinq residences and shall be in compliance with Section 401.15.B.7 of this Ordinance. c. Sales and storage area is blacktopped or concrete surfaced. d. The architectural appearance, scale, construction materials, and functional plan of the structure and site shall not cause impairment in property values, or constitute a blighting influence within a reasonable distance of the site. e. Adequate analysis and provisions are made to resolve issues related to provision of water and electricity to the site and the demand for City services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. f. Facilities on a site shall not be operated between the hours of 10:00 PM and 6:00 AM unless otherwise allowed by formal action of the City Council. g. Provisions are made to control and reduce noise in accordance with Section 401.15.B.11 of this Ordinance. h. If the use is covering existing parking stalls, there shall be adequate excess parking on site so that all parking requirements are complied with. i. The location of the use shall create a minimum of conflict with traffic movement, shall comply with Section 401.15.F of this Ordinance, and shall be subiect to the approval of the City Engineer. j. Any required drainage systems shall subiect to the approval of the City Engineer. 4 k. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G of this Ordinance. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. m. The owner of the property must additionally approve the placement of the temporary facilities by co- signing any required application; if such vendor is not directly related to the owner, the owner shall also be subject to additional enforcement actions should the vendor not comply with requirements herein or within this Ordinance. n. The City may revoke the Temporary Outside Sales Permit at anytime should the operations become a public nuisance or hazard as defined by the City. o. No Temporary Outside Sales Permit shall exceed 120 calendar days per year. The City Administrator may issue 30 calendar day extensions if applied for prior to the conclusion of the initial 120 time period. CONCLUSION /RECOMMENDATION The Planning Commission, at its January 10, 2013 meeting should open the public hearing and consider the Zoning Ordinance amendments as proposed. The Planning Commission should consider whether any other conditions should be added. 5 . ' � ��� I w 4,4111m � •� ii � � a ' �j � ii j� =�i 1iiL �u iii 111 n_ -' n= - 7� =° == =' .�\\ In �� a �b ■■ ■,� �� I � sw. : 0 I 1111 _.I _ _ I _ = " f� {{ �" O N ■ �► , �� • p■ ♦ G G� O i�� . Q.�y. rm ► on , 4..o' C ... . . ._ 00 . = =1 EP II _I ml ...IN ® . 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I. 1 I 11 ilt,' i. o 1 1: �i i y 1/ ` .� :� .1.,° - ■1 n BAYPOR ' '� =..' �" i lip t � � : �� _ �R ) `r .4 0„„,....,,.. - ,BAYTOWN i ,� __ g ,'WO , �I �����r" TOWNSHIP _ �� _ == a h�lt �' O WNSHIP i — _ °O ' L111111 1111 A i l l . .III Ario:.L. Ain ... %iE i1L W : = 'h�': - - ame1111: Sam E MiNumi R -t, Single Family Residential _ BAN, Business/Warehouse Water N City of Oak Park Heights R -2, Low & Medium Density Residential - I, Industrial ■\. City Limits a City of Oak Park Heights r R -3, Multiple Family Residential Open Space Conservation r 1 Parcels Zoning Map PM R -B, Residential /Business Transitional - Open Space Conservation (Existing Parks) _ B -2, General Business - PUD, Commercial Planned Unit Development •. . .. •....... ... .., VIE B-3, Highway Business and Warehouse - PUD, Residential Planned Unit Development source: Engineering, ' i;; Z B Limited Business District I Miles The City of Oak Park Heights, & 0 0.25 0.5 1 Northwest Associated Consultants. July 23, 2009. EXHIBIT 2 401.30. B -2, GENERAL BUSINESS DISTRICT 401.30.A. Purpose. The purpose of the B -2, General Business District is to provide for high intensity, retail or service outlets which deal directly with the customer for whom the goods or services are furnished. The uses allowed in this district are to provide goods and services on a community market scale and located in areas which are well served by collector or arterial street facilities. 401.30.B. Permitted Uses. The following are permitted uses in a B -2 District: 1. Any permitted use in the B -1 District. 2. Banks, savings institutions, credit unions and other financial institutions. 3. Business, commercial, or trade schools. 4. Clinics, for people only. 5. Day care - group nursery (within single occupancy freestanding building). 6. Government and public utility buildings. 7. Motels, motor hotels and hotels provided that the lot area contains not less than five hundred (500) square feet of lot area per unit. 8. Restaurants, cafes, tea rooms, taverns and off -sale liquor. 9. Retail sales. 10. Commercial service uses. 11. Commercial recreation. 12. Libraries. 13. Offices, business or professional, including ticket sales. 14. Optical laboratories. 15. Sexually oriented use - principal and accessory. 16. Theaters, excluding drive -in type of service. 30 -1 Il i 401.30.C. Interim Uses. The following are interim uses in a B -2 District: 18 1. Private and public elementary, junior or senior high schools for a time period not to exceed two (2) years provided that: a. Adequate screening from abutting 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 Tots 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. c. If outdoor recreation or playfields are proposed, adequate screening and fencing from abutting residential uses is provided 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. Adequate emergency vehicle access is provided to and within the site. f. The site is served by an arterial or collector street of sufficient capacity to accommodate the traffic that will be generated. g. The provisions of Section 401.05.0 and 401.03.A of this Ordinance are considered and satisfactorily met. 401.30.D. Accessory Uses. The following are permitted accessory uses in a B -2 District: 1. All permitted accessory uses as allowed in a B -1 District. 2. Semi -Truck parking. 401.30.E. Conditional Uses. The following are conditional uses in a B -2 District: (Requires a conditional use permit based upon procedures set forth in and regulated by Section 401.03 of this Ordinance). 1. Drive -in and convenience food establishments provided that: a. 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 30 -2 impairment in property values or constitute a blighting influence within a reasonable distance of the lot. b. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 401.15.E. of this Ordinance. c. Each light standard island and all islands in the parking lot landscaped or covered. d. Parking areas shall be screened from view of abutting residential districts in compliance with Section 401.15.E. of this Ordinance. e. Parking areas and driveways shall be curbed with continuous curbs not less than six (6) inches high above the parking lot or driveway grade. f. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with Section 401.15.F. of this Ordinance and shall be subject to approval of the City Engineer. g. All lighting shall be hooded and so directed that the light source is not visible from the public right -of -way or from an abutting residence and shall be in compliance with Section 401.15.B.7. of this Ordinance. h. The entire area shall have a drainage system which is subject to the approval of the City Engineer. i. The entire area other than occupied by buildings or structures or plantings shall be surfaced with a material which will control dust and drainage and which is subject to the approval of the City Engineer. j. All signing and informational or visual communication devices 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. 2. Car washes (drive through, mechanical and self - service) provided that: a. The architectural appearance and functional plan of the building and site shall not be dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. 30 -3 i b. Magazining or stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period and shall be subject to the approval of the City Engineer. c. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 401.15.E. of this Ordinance. d. Parking or car magazining storage space shall be screened from view of abutting residential districts in compliance with Section 401.15.E. of this Ordinance. e. The entire area other than occupied by the building or plantings shall be surfaced with material which will control dust and drainage which is subject to the approval of the City Engineer. f. The entire area shall have a drainage system which is subject to the approval of the City Engineer. g. All lighting shall be hooded and so directed that the light source is not visible from the public right -of -way or from an abutting residence and shall be in compliance with Section 401.15.B.7 of this Ordinance. h. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the City Engineer. i. All signing and informational or visual communication devices shall be in compliance with Section 401.15.G. of this Ordinance. j. Provisions are made to control and reduce noise. k. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 3. Motor fuel station, auto repair -minor and tire and battery stores and service, provided that: a. Regardless of whether the dispensing, sale of offering for sale of motor fuels and /or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Ordinance for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. b. 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 30 -4 impairment in property values or constitute a blighting influence within a reasonable distance of the lot. c. The entire site other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer. d. A minimum lot area of twenty thousand (20,000) square feet and minimum lot widths of one hundred fifty (150) feet. e. A drainage system subject to the approval of the City Engineer shall be installed. f. A curb not Tess than six (6) inches above grade shall separate the public sidewalk from motor vehicle service areas. g. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right -of- way and shall be in compliance with Section 401.15.B.7. of this Ordinance. h. Wherever fuel pumps are to be installed, pump islands shall be installed. i. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Section 401.15.E. of this Ordinance. j. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Section 401.15.E. of this Ordinance. k. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Section 401.15.F. of this Ordinance and shall be subject to the approval of the City Engineer. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G. of this Ordinance. m. Provisions are made to control and reduce noise. n. No outside storage except as allowed in compliance with Section 401.30.E.5 of this Ordinance. 1 o. Sale or products other than those specifically mentioned in this subdivision be subject to a conditional use permit and be in compliance with Section 401.30.E.6 of this Ordinance. 30 -5 p. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. q. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. r. The City may allow a motor fuel pump canopy to encroach ten (10) feet into a required setback provided the canopy support structure does not encroach on the setback and the setback encroachment will not result in an obstruction of traffic visibility. 4. Custom manufacturing, restricted production and repair limited to the following: art, needlework, jewelry from precious metals, watches, dentures, optical lenses and medical supplies, provided that: a. Such use is accessory as defined by Section 401.02.8. of this Ordinance to the principal use of the property. b. Does not conflict with the character of development intended for this district. c. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 5. Open and outdoor storage as an accessory use provided that: a. The area is fenced and screened from view of neighboring residential uses or if abutting a residential district in compliance with Section 401.15.E. of this Ordinance. b. Storage is screened from view from public right -of -way in compliance with Section 401.15.E. of this Ordinance. c. Storage area is grassed or surfaced to control dust. d. All lighting shall be hooded and so directed that the Tight source shall not be visible from the public right -of -way or from neighboring residences and shall be in compliance with Section 401.15.B.7 of this Ordinance. e. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 30 -6 6 6. Open and outdoor services, sale, and rental as a principal or accessory use and automobile repair minor as an accessory use including new or used automotive, trucks, boats, or motorized vehicles and related accessory sales and provided that: a. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Section 401.15.E of this Ordinance. b. All lighting shall be hooded and so directed that the Tight source shall not be visible from the public right -of -way or from neighboring residences and shall be in compliance with Section 401.15.B.7 of this Ordinance. c. Sales and storage area is blacktopped or concrete surfaced and all paved areas are surrounded by concrete curbing. d. The architectural appearance, scale, construction materials, and functional plan of the building and site shall not be dissimilar to the existing nearby commercial and residential buildings, and shall not cause impairment in property values, or constitute a blighting influence within a reasonable distance of the site. e. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City =s ability to provide utility, police, fire, administrative or other services to the site. f. All islands in the parking lot shall be landscaped. g. A strip of not less than ten (10) feet shall be landscaped at the edge of all parking /driveway areas adjacent to lot lines and the public right -of -way. h. All automobile repair activities shall be conducted within the principal structure and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of the service areas. i. Facilities on a site contiguous to any residential district shall not be operated between the hours of 10:00 PM and 6:00 AM unless otherwise allowed by formal action of the City Council. j. Provisions are made to control and reduce noise in accordance with Section 401.15.B.11 of this Ordinance. k. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Section 401.15.F of this Ordinance and shall be pp subject to the approval of the City Engineer. 30 -7 A drainage system subject to the approval of the City shall be installed. m. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G of this Ordinance. n. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 7. Commercial planned unit development as regulated by Section 401.06 of this Ordinance. 8. Day care - group nursery (within multiple occupancy building) provided that: a. Use Compatibility. The operation and function of the day care facility must be compatible with other existing uses within the building. This compatibility is to be based upon the nature of the day care use in relation to the operation of the other existing uses within the building and the satisfactory resolution of conditions (b -g) of this Ordinance. b. Building Plans. The building plans for the construction or alteration of a structure that is to be used for a day care facility shall be submitted to the City for review by the City Building Official to determine compliance with the State Building Code. The facility shall also meet the following conditions: 1) 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 of property values or constitute a blighting influence within a residential distance of the lot. 2) The day care facility shall be located in a portion of the building separated from the other uses located within the structure. 3) The day care facility shall be adequately sound - proofed to remove extraneous noise that would interfere with the day care operation and would affect the health, safety and welfare of the day care participants. Adequate sound - proofing must also be provided to prevent disruptive noise generated by the day care facility from interfering with the operation of the adjacent uses within the building. 4) Internal and external site land use compatibility and sufficient peripheral area protection shall be provided by the day care facility. c. Screening. Where any outdoor recreational or play area for the day care facility abuts any commercial or industrial use or zoned property, the play area shall be screened along all exposed perimeters. All of the required 30 -8 fencing and screening shall comply with the fencing and screening requirements in Section 401.15.E. of this Ordinance. d. Parking. When a day care facility is within a structure containing another principal use, each use shall be calculated separately for determining the total off- street parking spaces required. e. Loading. One (1) off - street loading space in compliance with Section 401.15.F. of this Ordinance shall be provided. f. Signage. All signing and informational or visual communication devices shall be in compliance with Section 401.15.G. of this Ordinance. g. Conditional Use and State Regulations. Day care group nursery facilities shall be subject to the regulations and procedures of Section 401.03 of this Ordinance and the minimum licensing requirements, as may be amended, of the Minnesota Department of Human Services. 9. 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. 6 1 0. Automobile repair -major as an accessory use limited only to new and used automobile dealerships not including truck or other vehicle repair, provided that: a. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Section 401.15.E of this Ordinance. b. All lighting shall be hooded and so directed that the Tight source shall not be visible from the public right -of -way or from neighboring residences and shall be in compliance with Section 401.15.B.7 of this Ordinance. c. Sales and storage area is blacktopped or concrete surfaced and all paved areas are surrounded by concrete curbing. d. The architectural appearance, scale, construction materials, and functional plan of the building and site shall not be dissimilar to the existing nearby commercial and residential buildings, and shall not cause impairment in property values, or constitute a blighting influence within a reasonable distance of the site. e. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. 30 -9 f. All islands in the parking lot shall be landscaped. g. A strip of not less than ten (10) feet shall be landscaped at the edge of all parking /driveway areas adjacent to lot lines and the public right -of -way. h. All automobile repair activities shall be conducted within the principal structure and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of the service areas. i. Facilities on a site contiguous to any residential district shall not be operated between the hours of 10:00 PM and 6:00 AM unless otherwise allowed by formal action of the City Council. j. Provisions are made to control and reduce noise in accordance with Section 401.15.B.11 of this Ordinance. k. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Section 401.15.F of this Ordinance and shall be subject to the approval of the City Engineer. I. A drainage system subject to the approval of the City shall be installed. m. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G of this Ordinance. n. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 27 11. 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 ten (10) feet. 30 -10 e. The project shall comply with the Minnesota Sustainable Building 2030 (SB2030) energy standards and Minnesota Sustainable Building Guidelines (B3) or as amended. f. There shall be no parking in the yards facing adjacent rights of way. g. On the third and upper floors, windows and /or architectural features that provide interest shall be included on all four sides of the building when permitted within the building code. h. Abrupt changes in building heights and /or roof orientation shall be diminished by offsets of building form and mass. i. Recesses and projections to visually divide building surfaces into smaller scale elements shall be included. j. Color shall be used to visually reduce the size, bulk and scale of the building. k. Buildings forty (40) feet or over shall provide rooflines with articulated features. I. Location of back flow prevention devices and the fire sprinkler riser shall be identified on project plans submitted for site and design review and shall be located inside the building. m. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. II 30 -11 EXHIBIT 3 16 401 .301 B -4, LIMITED BUSINESS DISTRICT 401.301.A. Purpose. The purpose of the B -4, Limited Business District is to provide a district accommodating retail sales, service and office functions in a highly planned and coordinated area. The uses allowed in this district are similar to but not as extensive, especially as it relates to automotive vehicle sales and service, as the B -2, General Business District. 401.301.B. Permitted Uses. The following are permitted uses in a B -4 District: 1. Any permitted use in the B -1 District. 2. Banks, savings institutions, credit unions and other financial institutions including 9 drive - throughs. 3. Business or commercial schools. 4. Clinics, for people only. 5. Day care - group nursery (within single occupancy freestanding building). 6. Government and public utility buildings. 7. Motels, motor hotels and hotels provided that the lot area contains not less than five hundred (500) square feet of lot area per unit. 8. Restaurants, cafes, tea rooms, taverns and off -sale liquor. 9. Retail sales. 10. Commercial service uses. 11. Commercial recreation. 12. Libraries. 13. Offices, business or professional, including ticket sales. 14. Optical laboratories. 15. Pet stores. 16. Sexually oriented use - principal and accessory. 301 -1 17. Theaters, excluding drive -in type of service. 18. Club or lodge halls serving food and beverage. 19. Parking or garages, other than those accessory to a principal use, for the parking and storage of private passenger vehicles only. 20. Rental services conducted entirely within a building. 21. Artistic and handicraft uses such as artists studios, ceramic shop, pottery works, candle making, light metal working, provided at least twenty -five (25) percent of the total floor space at the front of the building on the street level is used for sales and display purposes. 401.301.C. Interim Uses. The following are interim uses in a B -4 District: 1. None. 401.301.D. Accessory Uses. The following are permitted accessory uses in a B -4 District: 1. All permitted accessory uses as allowed in a B -1 District. 2. Semi -Truck parking. 401.301.E. Conditional Uses. The following are conditional uses in a B -4 District: (Requires a conditional use permit based upon procedures set forth in and regulated by Section 401.03 of this Ordinance). 1. Drive -in and convenience food establishments provided that: a. 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 within a reasonable distance of the lot. All buildings shall comply with the City's Design Guidelines. b. At the boundaries of a residential district, a strip of not less than ten (10) feet shall be landscaped and screened in compliance with Section 401.15.E. of this Ordinance. c. Each light standard island and all islands in the parking lot landscaped or covered. 301 -2 d. Parking areas shall be screened from view of abutting residential districts in compliance with Section 401.15.E. of this Ordinance. e. Parking areas and driveways shall be curbed with continuous curbs not less than six (6) inches high above the parking lot or driveway grade. f. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with Section 401.15.F. of this Ordinance and shall be subject to approval of the City Engineer. g. All lighting shall be hooded and so directed that the light source is not visible from the public right -of -way or from an abutting residence and shall be in compliance with Section 401.15.B.7 of this Ordinance. h. The entire area shall have a drainage system which is subject to the approval of the City Engineer. The entire area other than occupied by buildings or structures or plantings shall be surfaced with a material which will control dust and drainage and which is subject to the approval of the City Engineer. j. All signing and informational or visual communication devices 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. 2. Auto repair -minor and tire and battery stores and service, provided that the use is accessory to and internally located within a retail sales operation: a. 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 within a reasonable distance of the lot. All buildings shall comply with the City's Design Guidelines. b. The entire site other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer. c. A minimum lot area of twenty thousand (20,000) square feet and minimum lot widths of one hundred fifty (150) feet. d. A drainage system subject to the approval of the City Engineer shall be installed. 301 -3 e. A curb not less than six (6) inches above grade shall separate the public sidewalk from motor vehicle service areas. f. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right -of- way and shall be in compliance with Section 401.15.B.7 of this Ordinance. g. At the boundaries of a residential district, a strip of not less than ten (10) feet shall be landscaped and screened in compliance with Section 401.15.E. of this Ordinance. h. Parking spaces shall be screened from view of abutting residential districts in compliance with Section 401.15.E. of this Ordinance. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Section 401.15.F. of this Ordinance and shall be subject to the approval of the City Engineer. 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. Provisions are made to control and reduce noise. I. No outside storage except as allowed in compliance with Section 401.301.E.5 of this Ordinance. m. Sale or products other than those specifically mentioned in this subdivision be subject to a conditional use permit and be in compliance with Section 401.301.E.6 of this Ordinance. n. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. o. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 3. Custom manufacturing, restricted production and repair limited to the following: art, needlework, jewelry from precious metals, watches, dentures, optical lenses and medical supplies, provided that: a. Such use is accessory as defined by Section 401.02.6. of this Ordinance to the principal use of the property. 301 -4 b. Does not conflict with the character of development intended for this district. c. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 4. Open and outdoor storage as an accessory use provided that: a. The area is fenced and screened from view of neighboring residential uses or if abutting a residential district in compliance with Section 401.15.E. of this Ordinance. b. Storage is screened from view from public right -of -way in compliance with Section 401.15.E. of this Ordinance. c. Storage area is grassed or surfaced to control dust. d. All lighting shall be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring residences and shall be in compliance with Section 401.15.B.7 of this Ordinance. e. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 5. Open or outdoor service, sale and rental as an accessory use, but not including new or used automotive, truck, motorcycle or semi - trailer rental or sales lots, provided that: a. Outside service, sales and equipment rental connected with the principal use is limited to thirty (30) percent of the gross floor area of the principal use. b. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Section 401.15.E. of this Ordinance. c. All lighting shall be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring residences and shall be in compliance with Section 401.15.B.7 of this Ordinance. d. Sales area is grassed or surfaced to control dust. e. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. f. Boats, jet -skis, ATVs and other small motorized vehicles are stored indoors at night. 301 -5 6. Commercial planned unit development as regulated by Section 401.06 of this Ordinance. 7. Day care - group nursery (within multiple occupancy building) provided that: a. Use Compatibility. The operation and function of the day care facility must be compatible with other existing uses within the building. This compatibility is to be based upon the nature of the day care use in relation to the operation of the other existing uses within the building and the satisfactory resolution of conditions (b through g) of this Ordinance. b. Building Plans. The building plans for the construction or alteration of a structure that is to be used for a day care facility shall be submitted to the City for review by the City Building Official to determine compliance with the State Building Code. The facility shall also meet the following conditions: 1) 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 of property values or constitute a blighting influence within a residential distance of the lot. 2) The day care facility shall be located in a portion of the building separated from the other uses located within the structure. 3) The day care facility shall be adequately sound - proofed to remove extraneous noise that would interfere with the day care operation and would affect the health, safety and welfare of the day care participants. Adequate sound - proofing must also be provided to prevent disruptive noise generated by the day care facility from interfering with the operation of the adjacent uses within the building. 4) Internal and external site land use compatibility and sufficient peripheral area protection shall be provided by the day care facility. c. Screening. Where any outdoor recreational or play area for the day care facility abuts any commercial or industrial use or zoned property, the play area shall be screened along all exposed perimeters. All of the required fencing and screening shall comply with the fencing and screening requirements in Section 401.15.E. of this Ordinance. d. Parking. When a day care facility is within a structure containing another principal use, each use shall be calculated separately for determining the total off - street parking spaces required. 301 -6 e. Loading. One (1) off- street loading space in compliance with Section 401.15.F. of this Ordinance shall be provided. f. Signage. All signing and informational or visual communication devices shall be in compliance with Section 401.15.G. of this Ordinance. g. Conditional Use and State Regulations. Day care group nursery facilities shall be subject to the regulations and procedures of Section 401.03 of this Ordinance and the minimum licensing requirements, as may be amended, of the Minnesota Department of Human Services. 8. 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. 9. Two family, townhomes and multiple family dwellings provided that: a. At least two parking spaces per unit must be provided on site, or proof is shown of arrangements for private parking nearby. b. No physical improvements, either interior or exterior, may preclude future re- use for commercial purposes. c. Unit floor areas must comply with Section 401.15.C.6. d. Compliance with conditional use requirements of Section 401.03.A.8. e. The development does not conflict with existing or potential future commercial uses and activities f. The density, setbacks, and building height standards imposed as part of the R -3 Zoning District are complied with. g. Adequate open space and recreational space is provided on site for the benefit of the occupants. h. The development does not conflict or result in incompatible land use arrangements as related to abutting residential uses or commercial uses. Residential use be governed by all applicable standards of the Zoning Ordinance, Building Code, Housing Code and Fire Codes. j. Residential and non - residential uses shall not be contained on the same floor. 301 -7 k. Residential uses shall be provided with a separate entrance, and separately identified parking stalls. I. The architectural appearance, design and building materials of residential structures shall be consistent with the Design Guidelines and subject to approval of the City Council. 10. 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. 27 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 ten (10) feet. 27 e. The project shall comply with the Minnesota Sustainable Building 2030 (SB2030) energy standards and Minnesota Sustainable Building Guidelines (B3) or as amended. 27 f. There shall be no parking in the yards facing adjacent rights of way. 27 g. On the third and upper floors, windows and /or architectural features that provide interest shall be included on all four sides of the building when permitted within the building code. 27 h. Abrupt changes in building heights and /or roof orientation shall be diminished by offsets of building form and mass. 27 i. Recesses and projections to visually divide building surfaces into smaller scale elements shall be included. 27 j. Color shall be used to visually reduce the size, bulk and scale of the building. 27 k. Buildings forty (40) feet or over shall provide rooflines with articulated features. 27 I. Location of back flow prevention devices and the fire sprinkler riser shall be identified on project plans submitted for site and design review and shall be located inside the building. 301 -8 27 m. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 301 -9 EXHIBIT 4 Linder's Flower Marts los vti'' 275 W. Wheelock Pkwy �� i S P aul, MN 55117 i i ® �� 612- 685 -7993 . ,.r� ivtazoro Fax: 651- 255 -0445 4 dir =' E -mail: caiocella @linders.com December 10, 2012 Julie Hultman Planning & Code Enforcement Officer City of Oak Park Heights 14168 Oak Park Boulevard North Oak Park Heights, MN 55082 Dear Ms. Hultman; Please accept this letter as part of our Conditional Use Permit application to continue to operate a Linder's Flower Mart at 5801 Neal Ave. N. — Kowalski's Market parking lot. I am enclosing some photos and information about our garden centers. We have been doing Flower Marts for twenty three years in the Twin Cities area. The response we have had from our customers and nearby businesses has been excellent. Our concept in marketing and presentation has received numerous compliments from, customers and others within the garden center industry. ABOUT LINDER'S: Linder's is a family business and has been growing and selling high quality flower and vegetable plants for over 100 years. We grow most everything we sell other than nursery stock, some perennials, and specialty items, and have two large growing locations: St. Paul and Lake Elmo. During the last twenty three years we have developed our "Flower Marts" and have placed them throughout the Twin Cities. In 2012 we operated at fifty two different locations. During our season we sell all types of annuals, perennials, hanging baskets and other products for use in the home garden. Because we are well known as a quality grower, many gardeners seek us out to supply their planting needs. Locating in areas around the cities enables us to serve our customers better. It is also an opportunity for neighboring business owners to provide their customers with quality flower and vegetable plants conveniently nearby. Our customers have given us a tremendous welcome and look forward to our returning each spring. We grow quality bedding plants as well as other seasonal products for sale both wholesale and retail. Linder's guarantees all our products and because we are a year- round business, our customers can come to us even after our remote "Flower Marts" have closed for the season. We take great pride in our "Flower Marts" and are proud to display our name on them and carefully sign them to identify ourselves. The photos show our "Flower Marts" at various locations for you to see how we look. We are very proud of our reputation and do everything possible to be the best in this market. www.Linders.com THE MARKET: We have been operating at the Kowalski's Market location for the last 8 years and it has been an excellent place to locate a Linder's "Flower Mart ". We are proud of the opportunity to serve our customers in your community with a nearby convenient shopping location where they can buy quality plant materials from a local Twin Cities grower. LOCATION: The area utilized for the last 8 years is 151 ft. by 40 ft. (about 6,040 sq. ft). This size includes the garden center itself and the patio areas connected to the Flower Mart. The store is located in the northwest portion of the parking lot as shown on the site plan. We think that this area has some distance from the front of the other businesses and out of the main stream of traffic, both pedestrian and vehicular. We want to give the Flower Mart visibility to the public without obstructing the visibility of the other neighboring businesses, and at the same time have good visibility in order to attract customers into the lot. TRAFFIC: With regard for vehicle traffic, the "Flower Mart" is placed in the selected location in order to keep any traffic disruption to a minimum. The patio areas at the front, side and back serve to protect the "Flower Mart" from vehicles and let the drivers see around the garden center. The patio fence is about 4 ft high and surrounds the "Flower Mart" on three sides. This design has been used at our "Flower Marts" for several years and we have yet to have had a problem with vehicle movement. We feel that this is a safe way to deal with vehicles. Placed in this manner, vehicles cannot park adjacent to the "Flower Mart". The circulation of vehicles in the parking lot has not been adversely affected by the "Flower Mart" due to its location in the lot. PARKING: We have designed the "Flower Mart" as we did because we feel that this is the most professional design and uses the available space to its maximum potential. Linder's has operated "Flower Marts" successfully for twenty three years in communities surrounding the Twin Cities. It has been our experience that the traffic and parking in the lots shared by the "Flower Mart" is not affected considerably due to the sharing of customers with our property owner. We bring in many customers but they are easily handled by the size of the lots we occupy. We do not want to create a congestive atmosphere for our customers or neighboring businesses. The "Flower Mart" generates business activity which varies during the business day with the most activity occurring in late afternoon and evening. There is also business activity occurring on the weekends with the most on Saturdays. Having done this type of operation for twenty three years, it would be safe to say that the average amount in the "Flower Mart" at any one time is about five to six customers. The maximum amount of customers may be up to ten. There are certainly times when special sales occur that higher levels of activity may occur, but we have never seen so much that a problem has occurred in relation to the amount of cars or pedestrian traffic. THE "FLOWER MART ": The "Flower Mart" itself is 78 feet long and 21 feet wide and 12 feet high. There are patio /display areas in the front, side and rear of the "Flower Mart ". The entire size is 151 feet by 40 feet with total of 6,040 square feet. See the attached drawing. The "Flower Mart" itself is a high quality greenhouse structure which sits on the pavement and is held down with an internal system which uses water for ballast. It is a commercially made unit, which is manufactured by a Minnesota company (Poly -Tex, located in Castle Rock, MN). It is a very good looking structure which we have used for many years. ADVERTISING: binder's has established an extensive advertising program, which includes a large presence on television, with commercials and other appearances by our staff. The Linder's name is synonymous with quality, selection, and service. Our two year warranty on most products has established us as a leader in this industry. We also use radio, major newspapers, local papers, brochures, and other mailings to convey our message. We make extensive efforts to bring in customers so we can oe successful as well as all other merchants. SIGNAGE: = The signage for a typical "Flower Mart" is shown on the drawing. This is what we believe, to be an excellent signage plan. We have tried to design the appearance and signing of our stores to be not . only eye catching but professional looking as well. We are very conscious of how we look and do business. We would comply with the current sign requirements of the City of Oak Park Heights, UTILITIES: Our only utility requirements are reasonable access to water for the plants and 110 volt electricity (on 24 hours) which runs the cash register and other small items in the "Flower Mart". This power comes from a light pole in the lot next to the "Flower Mart. We have no lighting permanently installed in the "Flower Mart". Linder's takes away all discarded material and unnecessary items. We strive to maintain a clean and professional appearance. Water is the other utility we need. This is needed to care for the plant material at the "Flower Mart". The water comes from the underground sprinkler system next to the "Flower Mart ". We only need the equivalent of a standard gardening hose to water the plant material. THE SPRING SELLING SEASON: The selling season to be from April 15 thru July 15 (weather dependent). We typically begin preparations to set up all of the Linder's "Flower Marts" in the middle of March. We request the necessary time to build the "Flower Mart" before the season begins. We first deliver the necessary equipment to the location and then begin setting -up the "Flower Mart" when the weather is permissible. The "Flower Mart" is taken down and totally removed on the closing day of the season. We totally clean and sweep the location in the parking lot so that once we are gone there is no evidence of our having been there. OUR HOURS: Our hours are 7:00 AM until 8 :00 PM weekdays and 7 :00 AM until 8:00 PM on most weekends. We typically have two to three employees during weekdays and three to four during weekends. We are open seven days a week during the season. The "Flower Mart" is closely supervised by myself and several District Managers who keep it stocked and operating cleanly and efficiently. We make every attempt to employ persons from the community. I have tried to provide all of the information about Linder's to answer your questions. If you have any other questions or concerns you can reach me at any time on my cellular telephone 612-685 - 7993 or email caiocella @linders.com. Sincerely, Caio Cella General Manager Flower Mart Division 7 /'` _1 1 ,, 1 ` ___ , __ Northern Sje •- ,o�i ower Company Easernent 1 ( /er/ f'. ; / 297 Deeds, F,age 288). 1 II /, I 1 1 ; /� s / 1 L 1 K. 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