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HomeMy WebLinkAbout2013-02-06 Planning Report TPC 3601 Thurston Avenue N, Suite 100 ENCLOSURE 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 niqhts. 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 adiacent 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 subiect 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 � �:►,�1 . • �•' ` < _ ♦ m9LI a -=- V LF p y s • II _ 010 , I I ` ,, d► � ' - :.4 10 �' - II■ " uJ J L� 11. MM �1 �1 rXHIBIT i ! � • 2 -V A ♦ 0 ::'G�: � ' � 0 • �liil j j� i - -- IIL nn�n i a -� �� �� �. R. m i l 1 .., A N 4: I , _ E 2,,fr "" 401 =4 A I a = 114 - • ■ am : an _ 111D.t! 1 : i� is .. ! NI �!• m t , • l ■evu� 0 rr = :: ■. r■ .. rum 1\ q • O - �,� — j �1 1 I le ' ■r � "1"1 i Ili 1111 ` --- - -- J ' ; P1111121. I ® Q�111n. �■ Ca ,i■uil■ unhrr.., " . .leg ga I" fi � , - ��� � % � ♦ i. /�' Ili /I/ /fir �. / - enar in t \ 01111��� 1 eiN: - - �� +. n � '11 ~ "�� ` 1 � M •"I V inam 1111 �� _ Mill f. „ ► r• plifYiiui zaiir 1 � ,�' ,°a »�� 1111 16� n A I a an . Yaala.. n •� „ „ . ! - ■ 1 .. - _ -_ n■� ii iii N rrrry \ r r l , r fi , 1 r� �' ._ , 9.1 litlair _`"1_ / % . *M.I :.-�,, 4 - 11111 a' 1 — = — — z yip Nir m �� Elk , A I!: , .� — .!1 � i J ,ice 1� , �, k; •• 4r /l r G \ i i � i r r x „� ■. : �, ..,44".., �.'�•� COY:: HN �(�� __ _,:,,,,..,, ..,. , �■ i 'Eel / rte w r. • . O un= uf . iieT ► �. is {t _ .■nrr_ •■ RAM _. D • num■ n vF a • �_ n�• l r� n % /1111 TT � mmn ■■ ■V • ply`/ • i a = � � :11111 on �. 1 Yll llq 7 - ■. r iu� 1 I ._„ .... -. 1 _ ( n 'rim � i \\ • "iW■ 4 41111111.11111r. . i Mal M1110 IM = Timms MINI a �_ � �3� OWNSHIP I ” —wm u: a1��� IX. t w �� ' „ Y ,, i=i �� . 1 _ I ? `, _._ . rim 4r, a 4 zmumin Al E...smomp Ai i im'ifilk ti!!! ii i ii \ aat--: ... . ?„. 7.. s t-,... "aa . ifillill IMMO= Vitra 1011.1 ElkliTIO1 111111. % VIM Mai -- MV — 1111% 'Mr .... „ J.__ u__,......,ftv r Mimi ' � 9 �i11111 n ,r,• •� vs a ,. ,_ ..., WI 5 E III R -1, Single Family Residential ; B -W, Business/Warehouse Water N City of Oak Park Heights R -2, Low & Medium Density Residential _ I, Industrial r' .. City Limits ' tO City of Oak Park Heights ; R -3, Multiple Family Residential Open Space Conservation I I Parcels Zoning Map a r e R-B, Residential /Business Transitional MN Open Space Conservation (Existing Parks) ® B -2, General Business gni PUD, Commercial Planned Unit Development ,RIE, . ... ... xn. per= 8 -3, Highway Business and Warehouse - PUD, Residential Planned Unit Development 7 ^• - ^* %! ; 64, Limited Business District Miles So urce: 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 less than five (5) feet shall be landscaped and screened in compliance with Section 401.15.E. of this Ordinance. c. Each Tight 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 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 Tight source is not visible from the public right -of -way or from an abutting residence and shall be in compliance with Section 401.15.8.7 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 Tess 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. 1 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 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 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. 30 -9 f. All islands in the parking lot shall be landscaped. g. A strip of not Tess 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 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. 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. I I I 30 -11 ' I EXHIBIT 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 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 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. 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. L No outside except storage t as allowed in compliance with Section p 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.B. 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 Tots, 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 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. 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 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 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 60 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 provide 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. 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)