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HomeMy WebLinkAbout02-14-2013 Planning Commission Meeting Packet CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING AGENDA THURSDAY, FEBRUARY 14, 2013 6:30 P.M. I. Call to Order II. Approval of Agenda III. Adjourn to Worksession — Planning Commission Vacancy Interviews (1) IV. Reconvene Regular Meeting A. Commission Appointment Recommendation: Discuss and make recommendation for appointment to Planning Commission vacancy. V. Approve January 10, 2013 Planning Commission Minutes (2) VI. Department / Commission Liaison / Other Reports VII. Visitors /Public Comment This is an opportunity for the public to address the Commission with questions or concerns not on the agenda. Please limit comments to three minutes. VIII. Public Hearings: A. Fury Motors (Leonard Investments): Consider amendments to Interim Use Permit to allow an additional freestanding 24 -foot sign at the building entry with one sign and a total of six signs, including the one proposed to 1 the freestanding sign at Fury Motors, located at 14702 60 St. N. (3) B. Zoning Ordinance 401: Consider amendments allowing animal daycare, limited overnight care & associated services as an accessory use in Zoning Districts B -2, B -4 and those areas zoned Commercial Planned Unit Development (PUD). (4) IX. New Business A. Redevelopment Planning —12969 60 St. N. Options (5) B. Vice Chair: Nominate and elect Vice Chair to fulfill term of outgoing Vice -Chair with term to commencing January, 2013 and culminate March, 2014. (6) X. Old Business XI. Informational A. Upcoming Meetings: • Tuesday, February 26, 2013 City Council 7:00 p.m. /City Hall • Tuesday, March 5, 2013 City Council 7:00 p.m. /City Hall • Thursday, March 14, 2013 Planning Commission 7:00 p.m. /City Hall • Tuesday, March 26, 2013 City Council 7:00 p.m. /City Hall B. Council Representative • Tuesday, February 26, 2013 — Commissioner Anthony • Tuesday, March 26, 2013 — Commissioner Bye • Tuesday, April 23, 2013 — Commissioner LeRoux XII. Adjourn. SWCLOSURE 1 City of Oak Park Heights Y g Memo To: Planning Commission From: Julie A. Hultman, Planning & Code Enforcement Date: February 8, 2013 Re: Continued Commission Applicant Interviews — February 14, 2013 @ 6:30 p.m. The Commission interviewed 4 applicants in January, selecting one for the immediate Commission vacancy and opting to continue discussion with two of the applicants — Jim Kremer & Guy Sederksi prior to your February meeting. Both applicants have been contacted for additional interview conversation and have been provided the February 14, 2013 Planning Commission meeting packet via email. Paper copies have been prepared so that they may be distributed to them at the time of their interview. . Note that the Planning Commission meeting will actually begin at 6:30 p.m. Chair Bye will open the meeting, the Agenda will be approved and she will then adjourn to the interview work session so that you may conduct the interviews and make a recommendation after you reconvene from the work session. If anyone is unable to attend this meeting and/or the interview session, please contact me or City Administrator Johnson at 651.439.4439 as soon as absolutely possible. Thanks Interview Schedule: 6:30 p.m. Guy Sederski 6:45 p.m. Jim Kremer II ENCLOSURE 2 CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING MINUTES Thursday, January 10, 2013 — Oak Park Heights City Hall Call to Order: Chair Bye called the meeting to order at 6:30 p.m. Present: Commissioners Anthony, Bye, LeRoux, and Thurmes; City Administrator Johnson, City Planner Richards and Commission Liaison Runk. II. Approval of Agenda: Commissioner LeRoux, seconded by Chair By, moved to approve the Agenda as presented. Carried 4 - 0. III. Adjourn to Work Session — Planning Commission Vacancy Interviews: Chair Bye adjourned to the work session. IV. Reconvene Regular Meeting: Chair Bye reconvene the regular meeting. A. Commission Appointment Recommendation: Discuss and make recommendation for appointment to Planning Commission vacancies. Chair Bye noted that a work session had been held to interview four applicants to two Commission vacancies and noted that Commission consensus was to recommend Beth Nelson for appointment to the immediate Commission vacancy and to ask applicants Jim Kremer and Guy Sederski to return for continued discussion in February with respect to the second vacancy becoming available later this Spring. Commissioner Anthony, seconded by Commissioner LeRoux, moved to recommend City Council appointment of Beth Nelson to the Planning Commission. Carried 4 - 0. V. Approval of December 13, 2012 Meeting Minutes: Commissioner LeRoux, seconded by Commissioner Anthony, moved to approve the minutes as presented. Carried 4 - 0. VI. Department/Commission Liaison / Other Reports: Commission Liaison Runk informed the Commission that he is the Commission Liaison for 2013 and that Councilmember Dougherty is the Commission Liaison Alternate. VII. Visitors /Public Comment: None. Planning Commission Minutes January 10, 2013 Page 2 of 4 VIII. Public Hearings: A. Zoning Ordinance 401: Consider amendments allowing temporary outside sales as an accessory use in Zoning Districts B -2, B -4 and those areas zoned Commercial Planned Unit Development (PUD). City Planner Richards reviewed the January 3, 2012 planning report related to temporary outside sales uses, recommending that these uses be permitted in zoning districts B -2, B -4, and those zoned commercial planned unit development (PUD) by annual administrative permit. Richards discussed specific limitation recommendations for these types of uses for the Commission to consider. City Administrator Johnson discussed the situation of Linder's seasonal garden center, which has been situated in the parking area at Oak Park Ponds for years and that while Linder's has approval from the retail center leasing agent, the City is without a vehicle to grant authority for them to operate as they have. He noted that there have been occasions where other businesses operations have shown up to a parking area and have established a sales point. Administrative permits would help to facilitate these types of uses as well as provide authority to monitor operations for safety. Commission discussion ensued as to volume of requests for this type of use, types of temporary outside sales, application process, permit and fee requirements and property owner approval. Chair Bye opened the hearing for public comment. There being no visitors to the public hearing, Chair Bye closed the hearing. Commissioner Anthony, seconded by Commissioner Thurmes, moved to recommend the City Council approve the amendments recommended within the January 3, 2013 Planning Report, as amended, allowing temporary outside sales, such as garden centers, garden produce sales, fireworks sales, or holiday decorations /tree sales by annual administrative permit. Carried 4 -0. IX. New Business: A. Redevelopment Planning — 12969 60 St. N. Work Program & Options. City Administrator Johnson noted that the site is under contract for purchase by The Excelsior Group and that closing on the property was anticipated to occur within the next week. Planning Commission Minutes January 10, 2013 Page 3 of 4 City Planner Richards reviewed the January 3, 2013 planning memorandum regarding options and a work plan for the former Hecker automobile dealership property located at 12969 60 St. N. Richards inquired as to what the Commission felt may be an ideal land use or land use mix at the site and discussed some of the challenges to the site such as access from the highway and limitations imposed by the power lines at the site. City Administrator Johnson noted that automotive dealership and fitness center uses have been mentioned in informal conversations with the developer; however it is his understanding that they have no established plan at this time and are open to possibilities. Discussion ensued as to potential uses for the site such as market rate residential — retail mixed use, fitness center, and community center and issues related to them as well as potential issues to the site if the owner elects to demolish the existing building. Johnson noted that the concept of a community center in the area is a concept that has been discussed. He reminded the Commission that the site is approximately 4.5 acres with higher commercial value and that the City currently has a limited capacity for future commercial development. He noted that he anticipated the property owner to be in attendance at the February Planning Commission meeting, at which time they would likely share their expectations for the site.. B. Vice Chair: Nominate and elect Vice Chair to fulfill outgoing Vice -Chair term to commence January, 2013 and culminate March, 2014. This item was continued to the February meeting to allow staff to review information related to the election and term for the Vice Chair. X. Old Business: None XI. Informational: A. Upcoming Meetings: • Tuesday, January 22, 2013 City Council 7:00 p.m. /City Hall • Tuesday, February 12, 2013 City Council 7:00 p.m. /City Hall • Thursday, February 14, 2013 Planning Commission 7:00 p.m. /City Hall • Tuesday, February 26, 2013 City Council 7:00 p.m. /City Hall B. Council Representative • Tuesday, January 22, 2013 — Commissioner Thurmes • Tuesday, February 26, 2013 — Commissioner Anthony • Tuesday, March 26, 2013 — Commissioner Bye Planning Commission Minutes January 10, 2013 Page 4 of 4 C. Oak Park Sr. Living — 13936 Lower 59 St. N.: City Administrator Johnson informed the Commission that the developer of Oak Park Sr. Living had been in contact with the City as to potential changes to the building and simply wanted to make them aware that there was a possible pending application forthcoming. He noted that at this time nothing has been scheduled; however it is anticipated that the developer will meet with the City Council in a work session format to discuss his modifications in relation to the conditions granted within the approval for the building. Johnson will see that the Commission is informed as to the status of the matter. XII. Adjourn: Commissioner Anthony, seconded by Commissioner LeRoux, moved to adjourn the meeting at 9:01 p.m. Carried 4— 0. Respectfully submitted, Julie Hultman Planning & Code Enforcement Approved by the Planning Commission: i 3 TPC 3801 Thurston Avenue N, Suite 100 ENCLOSURE Anoka, MN 55303 Phone: 763.231.5840 Facsimile : 763.42 7.0520 TPCQPIanningCo.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: February 6, 2013 RE: Oak Park Heights — Fury — Additional Signage - Interim Use Permit — 14702 60 Street North FILE NO: 236.02 —12.08 BACKGROUND Jim Leonard, of Leonard Investments (Fury), has made application for an Interim Use Permit to allow additional signage at 14702 60 Street North. Originally the intent was to just sell the Jeep brand at this location. Chrysler Group has indicated that the dealership shall sell Chrysler, Dodge, Jeep and Ram vehicles out of this location. As a result, the need to advertise each of the brands is necessary. At the October 23, 2012 meeting, the City Council approved an Interim Use Permit to allow the existing building and site to be used as a temporary facility for the dealership. Approval of the use was granted for a period of three years, with the possibility of an extension by the City Council. With that approval, the existing building and site was allowed to be used until such time as a new building with site improvements would be approved with a Conditional Use Permit. The request for additional signage would typically require a variance. The application is being processed as an Interim Use Permit in that the wall signage and the freestanding sign structure at the main entrance would be temporary until a new building is constructed. Attached for reference: Exhibit 1: Previously Approved Exterior Elevations and Signage Details (A3.0) Exhibit 2: Proposed Front Elevation Freestanding Sign and Wall Signage Exhibit 3: Graphic of Proposed Freestanding Sign Exhibit 4: Proposed Rear Service Sign Exhibit 5: Existing /Proposed Sign Sizes ISSUES ANALYSIS Project Description. The request is to add a 24 foot, freestanding sign structure at the front entrance of the dealership building and increase the amount of wall signs to a total of five. The previous approvals allowed for two wall signs on the facade facing 60 Street and two other informational signs on the west elevation indicating service and the express lane for service. Comprehensive Plan. The Comprehensive Plan designates this area as Commercial on the Proposed Land Use Map. The use of the property for automotive sales and service is consistent with this land use designation. Zoning Ordinance. The property is zoned B -2, General Business District in which automotive sales and service is a Conditional Use. The Applicant has been granted approval under an Interim Use Permit to allow for use of the building until a new dealership facility or a substantial renovation is proposed. In that this will be a temporary facility for the dealership, the application for additional signage is also being processed as an Interim Use Permit so that an end date can be placed on the approvals. The previous approval granted a three year limit on the Interim Use Permit. If approval is granted for the application for additional signage, it will be tied to the same timeline as the previous approval. Section 401.05. Administration — Interim Use Permits outlines the allowances and criteria for uses that are to be located on a property for a limited time period. The criteria for the Interim Use are reviewed later in this report. Signage. The temporary signage plan that was granted by the City Council in October of 2012 consisted of two wall signs on the facade facing 60 Street. Two other informational signs were proposed on the west elevation indicating service and the express lane for service. One freestanding sign was proposed that will be 20 feet in height and consist of 53.5 square feet. The sign permit has been issued for the freestanding sign, but it has not been installed. The current proposal includes four wall signs in the front and one service sign on the west elevation for a total of 114.4 square feet. The freestanding sign at the front entrance will have a Fury sign that is 25.8 square feet. The freestanding sign that has already been approved is 53.5 square feet. The total signage proposed for the site is 193.7 square feet. This is well within the overall allowance of 350 square feet for the site. The proposed freestanding sign at the front entrance is proposed at 24 feet. The sign requirements allow a maximum height of freestanding signs at 20 feet. The applicant 2 should revise the plan to make the sign compliant with the Ordinance. Also, in that the sign is a temporary feature, the applicant should consider whether this sign is at all necessary. The Fury label could be placed above the front door of the building. Design Guidelines. The reuse of the existing structure for a car dealership shall be on a temporary basis. The building changes and the temporary signage will not be subject to Design Guidelines review. Interim Use Criteria: Section 401.05.0 of the Interim Use Permit section specifies a number of criteria for the review and approval of a use. A review of those criteria are as follows: 2. New Uses. a. Conforms to all zoning regulations as otherwise applicable. Comment: The use will be required to comply with Zoning Ordinance use standards and conform with performance standards for improvements made to the building and site. b. The date or event that will terminate the use can be identified with certainty. Comment: The use will be allowed to continue for three years from the date of the initial City Council approval. c. The existence of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future. Comment: There should be no issues with public costs. d. The user agrees to any conditions that the City Council deems appropriate for permission of the use. Comment: The applicant will be required to agree to the conditions in writing. CONCLUSION AND RECOMMENDATION Based upon the preceding review, City Staff recommends approval of the Interim Use Permit to allow additional signage at 14702 60 Street North subject to the following conditions: 1. The Interim Use allowances for signage shall be limited to three years from the date of City Council approval of the Interim Use Permit for the dealership (October 23, 2012). The applicant may request an extension of the Interim Use Permit by the City Council prior to its expiration. 3 2. The City will not require conformance with the Design Guidelines as part of the Interim Use approval. 3. The plan for the freestanding sign at the front entrance shall be revised so that the structure is no more than 20 feet in height. The Planning Commission may want to indicate whether the freestanding sign is justified in that it will only be utilized for three years. In the alternative the Fury label could be placed on the building facade. 4. The sign specifications and methods of illumination shall be subject to review and approval of the City Planner at the time of permitting. 4 EAISTW OHM sTuaoFsasli ury \ R 1. I IIII O . .0 . caca rzwa x,.aw.,.Y,s e..s..,c»,..�m. ras,w».nwereree,a� 1— t w — z D O l i 1 i r InJ 1 �n n §, ,,c e WEST ELEVATION V N 2 � O >< P"`1 O ,S,O.S,�.SISM U.°,,��, , a zeze,o 1' Or 1 � PHILLIP5 5010l5 'MINA OF MONTY/All 3101.5E SA SOST Sdh.FOO.,� ,,,SOFT I CONTRACTORS, ^ LTD. TOTN. SOLIARFOOTACROF5. SOMFOL 179.5 SOFT — I u,C.o_.... SIGN REQUESTED ONLY UNTIL Jeep ,,,, a / /r MOORS NOVEMBER 30, 2012 _ w nE b [Welt. flips f 1 ® FMING _ 50.00. re O. �z « . 50,05 EF iiii fURYJ�— o PATS . w y ® a zO, r I ELEVATION I I ■ I i W o RAM.' SOS 0. TEMPORARY JEEP 5IGN NOT g. IEXNEESBL AE ,se n ,® w.Rw.: we EXTERIOR S z° (PLANS �� ELEVATIONS & E i Service I. SIGNAGE DETAILS 0 POLE MOUNTED SIGN DETAIL 10 0 rvi CO EXHIBIT 2 74 -26817 I Fury Stillwater CDJR I 14702 60 Street North I Oak Park Heights, MN 55082 CHRYSLER ID0ID E Jeep 14,1 RAM wa ... ELEVATIONS i “” i — 35' -0" 20' • a 5'- 111/8" 5- 111/8" 8' -1 3/4" I EQ, 12' -0" EQ 12' -o" • 1 EQ2 8' -5 3/8" , EQ2 1 12' -0" •i EQ2 ` Fury ` 111 . Illta 1 r . ".,r 1� "r Wall signs to be centered and equally spaced in available area. Awnings to be re- skinned with fabric matching Benjamin Moore Pelican Gray. Available wall area for badges to be verified in field prior to installation. 7 74 -26817 I Fury Stillwater CDJR I 14702 60 Street North I Oak Park Heights, MN 55082 CMRYSLfsR QOC Jeep 17 mama ; SIGN DETAIL 24' CHRYSLER TOWER EXHIBIT 3 20' -0" 2' -0" o' Fury - - 24' -0" . ! 16 '2" :. k= . a 8 " 5' -0" 10' -0" TWR - 24 - 2 15 II 1 74 -26817 I Fury Stillwater CDJR I 14702 60 Street North I Oak Park Heights, MN 55082 CMRYSL o®iaG Jeep RAM ', >-� ° ELEVATIONS EXHIBIT 4 _ ,,..,,. __,,_ . �K 4 ,a 4 t c § ' 44 -V / - 11' -11 1 /2" i Service , ' fl � [..,.' ` . , _ ,- :. !� • 'a -+''.� '' C a ' ' 3 ,, z. z Mopar sign to be centered above garage bay. Awnings to be re- skinned with fabric matching Benjamin Moore Pelican Gray. Available wall area for Mopar sign to be verified in field prior to installation. 8 S I _ __ 29021 Feldspar St N.W. .„ Princeton MN EXHIBIT g 5 , - 55371 January 7, 2013 City of Oak Park Heights ! E 14168 Oak Park Blvd. North P O Box 2007 Oak Park Heights MN 55082 t l/ j j _ � �, 1 C ty o v_', _ r F ie Ref: Fury Motors t1t� =r< ; 8hts 14702 60 Street North, Oak Park Heights � ""°- .Pt.� To Whom It May Concern: We are sending this letter along with our license application, a check for the license application and permit requests for the above mentioned property. We propose the following: ,____--_� ° New Pylon Ar 20' x 10' 5 7/8" sq. 103.64 sq. ft —^" `` `" e � Wall sign Chrysler – 8 118 x 11' 4 5/8" 7.71 Wit Wail sign Chrysler badge- 12 7/8" x 12' 12.87 sq. ft WasiEPI Dodge –15 "x12' 15.0 sq. ft Wag sr t * Jeep -33rrr "x8'53/8" 28.73sq.ft WO sky) Rare 38" x 2' 10 718" 10.0 sq. ft Wall sign Ram – 15" x 8' 43" 10.5 sq. ft Wei sign i Fury - 30'x8`1 $f" 25.8sq.ft 24' tower 24' Chrysler tower – See drawing Wall sign s Mopare 3355'/4 x 11' x 11 W 29.63 sq. ft Please let us know what the cost of the permits is and we will send you a check. If you have any questions regarding the above, please give us a call. Sincerely, arol Whitcomb Attachments Boo Doo Signs, Inc. 763 -444 -0212 FAX 763 -444 -8305 TPC 3801 Thurston Avenue N, Suite 100 ENCLOSURE 4 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPC@PlanningCo.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: February 6, 2013 RE: Oak Park Heights — Animal Daycare, Limited Overnight Care and Associated Services— Accessory Use in the B -2, B -4 Districts and Areas Zoned Commercial Planned Unit Development. TPC FILE: 236.01 — 13.02 BACKGROUND The City has received a request for a dog daycare and grooming business, that includes overnight stays, for an area zoned B -2, General Business District within Oak Park Heights. The daycare and grooming business would be a permitted use in the business districts in that it would be considered a commercial service use. The overnight stays for animals would qualify the business as a kennel, which is not allowable in the business districts. Within the last few years there has been a number of businesses opened within the Twin Cities metro area that offer animal daycare, grooming and overnight services. It is a type of service that is growing and should be addressed in the Zoning Ordinance. City Staff has been discussing how to allow and administer this type of business. It has been suggested that the City amend the Zoning Ordinance to allow animal daycare, limited overnight care and associated services 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 the recent amendment made to the Zoning Ordinance to regulate temporary outside sales. We suggest that all of the services, including the daycare and grooming, be subject to the Administrative Permit. This type of business has impacts, such as potential noise, smells and the disposal of animal wastes that need to be addressed. The permit would allow the City to regulate the business if complaints are received by adjacent businesses or by tenants in the same building. The length of stay for an animal would be limited, and outdoor runs for animals would not be allowed. These factors would differentiate this type of business from a kennel. The current definition of kennel is as follows: Kennel: Any lot, premises, dwelling or dwelling unit in which three (3) or more dogs over the age of six months are kept, harbored, owned or otherwise possessed, either on a commercial basis or scale for boarding or breeding, or on a private basis for personal use, enjoyment or profit. The definitions section of the Zoning Ordinance should be amended to include a new definition for Animal Care Services. The length of time that an animal could be cared for on an overnight basis should also be limited. It is suggested that a particular animal shall not be allowed overnight stays of more than seven consecutive nights. The two Zoning Districts that could 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 Kowalski's is located, would also be included. A public hearing has been scheduled to review the potential Zoning Ordinance amendments at the February 14, 2013 Planning Commission meeting. EXHIBITS Exhibit 1: Zoning Map Exhibit 2: B -2 District Section Exhibit 3: B -4 District Section Exhibit 4: Letter from Paws and Claws Stillwater, LLC, December 21, 2012 PROPOSED DEFINITION Staff would suggest the following definition be added to Section 401.02.B Definitions of the Zoning Ordinance: 401.02.B. Definitions. Animal Care Services: A business established for animal daycare, grooming and other related services, and limited overnight boarding of animals. PROPOSED B -2 LANGUAGE Staff would suggest the following text change to add item 4. under Section 401.30.D. Accessory Uses within the B -2 District. The new language is underlined. 2 401.30.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, such as garden centers, garden produce sales, 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: 4. Animal care services to include daycare, grooming and other related services, and limited overnight boarding of animals as a yearly administrative permit subject to review and approval of the Zoning Administrator and subject to the following conditions: a. Overnight boarding of an animal shall be limited to no more than seven consecutive nights. b. 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. c. Facilities on a site shall not be open between the hours of 10:00 PM and 5:00 AM unless otherwise allowed by formal action of the City Council. d. Provisions are made to control and reduce noise in accordance with Section 401.15.B.11 of this Ordinance. Animal noise shall not create issues for adjacent properties or for tenants within a multi tenant building. e. All animal waste shall be immediately disposed of in sealed containers and removed from the site on a regular basis so as not to create issues with odor. Odor from the business shall not create issues for adjacent properties or for tenants within a multi tenant building. f. No exterior runs for animals shall be constructed. Animals shall be leashed at all times they are outside of the building. • g. The owner of the property must additionally approve the placement of the 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. 3 h. The City may revoke the Animal Care Services Permit at anytime should the operations become a public nuisance or hazard as defined by the City. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G of this Ordinance. j. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. PROPOSED B -4 LANGUAGE Staff would suggest the following text change to add item 4. under Section 401.301.D. Accessory Uses within the B -4 District. The new language is underlined. 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: 4. Animal Care Services to include daycare, grooming and other related services, and limited overnight boarding of animals as a yearly administrative permit subject to review and approval of the Zoning Administrator and subject to the following conditions: a. Overnight boarding of an animal shall be limited to no more than seven consecutive nights. b. 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. c. Facilities on a site shall not be open between the hours of 10:00 PM and 5:00 AM unless otherwise allowed by formal action of the City Council. 4 d. Provisions are made to control and reduce noise in accordance with Section 401.15.B.11 of this Ordinance. Animal noise shall not create issues for adjacent properties or for tenants within a multi tenant building. e. All animal waste shall be immediately disposed of in sealed containers and removed from the site on a regular basis so as not to create issues with odor. Odor from the business shall not create issues for adjacent properties or for tenants within a multi tenant building. f. No exterior runs for animals shall be constructed. Animals shall be leashed at all times they are outside of the buildinq. g. The owner of the property must additionally approve the placement of the 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. h. The City may revoke the Animal Care Services Permit at anytime should the operations become a public nuisance or hazard as defined by the City. i. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G of this Ordinance. j. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. CONCLUSION /RECOMMENDATION The Planning Commission, at its February 14, 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 'VP 1 c 7 •�, tyro. �ti Gt /'r :� f f, - j f ly .YIIII in III 11 ■ r .. :: r - = ": S. ■C r �' v ar � a y p F ■�19000 � ����� /U►1. l� � / j j sill[ 11Y 11 11: 1 - i . 4H�D�� • ■ a `, ,, F � � � : - .1 �` ¢ ;. ,k" ' ■- ■ ■ �� + r _1_■ =.■mk "rs" r !! 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City Limits City of Oak Park Heights , '-« R -3, Multiple Family Residential Open Space Conservation I I Parcels Zoning Map Wa, R -B, Residential /Business Transitional in Open Space Conservation (Existing Parks) ® B -2, General Business - PUD, Commercial Planned Unit Development � . � . .. ...H n. pp B -3, Highway Business and Warehouse I ♦ PUD, Residential Planned Unit Development ;;; ; ems, Limited Business District Miles Source: Bonestroo Engineering, 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 -1 401.30.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 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. 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 Tess 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. i I 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 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. I. 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. 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 I I 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 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 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 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 10. 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. 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 sto ry 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. 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. 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. 401.301.8. 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 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, Tight 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 Tess 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. 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 Tess 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. i. 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 401.02.8. 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. i. 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 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 II 27 m. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 301 -9 EXHIBIT 4 Paws and Claws Stillwater, LLC PO Box 1612 Hudson, WI 54016 715 - 381 -9702 x101 12/21/2012 Eric Johnson City Administrator Oak Park Heights, MN 55082 Re: Dog Daycare facility in Oak Park Heights Eric, It was a pleasure speaking with you today. As you know, we are considering moving our existing Dog Daycare and grooming business to Oak Park Heights. We have existing businesses in the Business Park in Hudson, Wisconsin and also on Greeley Street in Stillwater. We are looking to move our Stillwater business to 14621 St in Oak Park Heights. The increase exposure and improved building would give us great potential to better serve our customers. Our business model includes Dog Grooming, Dog Daycare and dog overnights. The grooming portion is pretty self - explanatory . The Daycare is a little different. Although it is a rather new concept, nearly every major city in Minnesota, and across the country now has Daycare facilities for dogs. Type in "Doggy Daycare" into a Google search and you will find hundreds of facilities in Minnesota alone. You will also see that all of them offer overnight options for their clients. With Daycare, dogs are supervised at our facility in a cage -free indoor play area. Most dogs in our care are dropped off at our facility five to seven days a week. And spend from eight to twelve hours a day with us. They are inside the entire time with the exception of the times when they are taken, one at a time, with leash, outside to relieve themselves. They are immediately brought back in to the play area. And their waste is immediately picked up. At no time are they outside, unattended. We generally are open from 0500am to 10pm daily for drop offs and pick -ups, seven days a week, three hundred sixty five days a year. Our clients have found us to be a very important part of their lives and appreciate that we help make their pets better socialized and mannered parts of the family. Many of our clients also have requested that we watch their dogs overnight, when they are unable to return in time for pick up or when they might have overnight obligations. We currently p rovide that service in both Hudson and in our current Stillwater facility. We have never had any problems or complaints from clients, neighbors or city employees. If we are to move to Oak Park Heights from Stillwater, we would like to continue to offer that service for our clients. r 'Y' I understand that Oak Park Heights has an ordinance against allowing "Kennels" within their business district. When we have dogs overnight, they are cared for in a different manner than what typically comes to mind when someone pictures a kennel. • We do not have any outside fenced "Runs." • We do not breed dogs • We do not sell dogs • We do not leave dogs outside unattended • We do not allow dog waste to remain on the ground • We do not accept strays • We are not a puppy mill We are a cage free facility with 24 hour supervision and monitoring. Our dogs have fun, they are well exercised and they are well socialized. We have a very narrow window of time to end our current lease in Stillwater and sign a new lease in Oak Park Heights. Although we are being allowed to run a grooming and daycare business under current ordinances, we feel that we cannot have a financially successful business in Oak Park Heights, without the overnight aspect being allowed. We recognize that the typical Kennel definition is not in the best interest of the city and its citizens. But, we feel that our "overnight" concept does not fit into the typical kennel definition. Our clients and neighbors feel that we are offering a quality service and tell us that we are a very important part of their lives. We are asking for your help with clarification with the existing ordinances and /or help in securing permission to allow us to bring our business to your city. We are not comfortable running only part of our business with the hope that down the road we are able to add that part to our business. We would love to be able to move to your fine city, but do not see how we can support our business model without your assistance. We would be most appreciative, if you and other city members could find a way to redefine what we do to allow us to fit into current ordinances. Thank you very much for your time. Please feel free to call me any time to discuss this matter. Daniel Lodge, Owner Paws and Claws Stillwater, LLC 715- 381 -9702 651 - 260 -2460 (cell) II I 1111 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 ENCLOSURE Phone: 763.231 .5$40 Facsimile; 763.427.0520 C TPC(PlanningCo. com MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: February 7, 2013 RE: Oak Park Heights — Former Denny Hecker Car Dealership Site, 12969 60 Street North - Redevelopment Planning — Planning Commission Discussion TPC FILE: 236.09 BACKGROUND At the January 10, 2013 meeting, The Planning Commission discussed the redevelopment site options for the former Denny Hecker car dealership site at 12969 60 Street North. The purpose of this study is to allow the Planning Commission and City Council to strategize about redevelopment and determine if the current land use classification and zoning is appropriate for this site. The Planning Commission offered their ideas for the optimal use of the site at the January meeting. The ideas ranged from a hotel /conference site, community center, fitness center, park and ride, and a multi story redevelopment that would include first floor retail and upper story apartments or condominiums. It was suggested that the owners of the site attend the next Planning Commission to discuss the property. The property has recently been purchased by The Excelsior Group LLC (excelsiorllc.com). Joe Boone will be present at the February 14, 2013 meeting to discuss the property with the Planning Commission. In a conversation with Mr. Boone, he indicated that the first priority for his company is to take the building from a dormant state and to activate the water service, heat the building and connect the power. The current intent of the Excelsior Group is to market the property for the following uses: 1. Retail 2. Auto Dealership 3. Fitness Center He suggested that the Excelsior Group will work closely with the City in reuse or redevelopment of the site to uses that are appropriate. I indicated that the City is also interested in assisting the developer in working through the development review process and, if necessary, making changes to the Comprehensive Plan or Zoning for the site to accommodate development that is appropriate for this area. 2 ENCLOSURE 6 City of Oak Park Heights To: Plannin g Commission From: Julie Hultman, Planning & Code Enforcem • t Date: February 8, 2013 Re: Vice Chair Nomination & Election At the March 15, 2012 Annual Meeting, former Commissioner Dougherty was elected to Vice Chair for a period beginning March 31, 2012 and expiring March 31, 2014. As Chuck was elected to City Council, the position of Vice Chair is vacant. The Commission should move nominate and elect a Vice Chair to complete the remainder of the term.