HomeMy WebLinkAbout2013-01-22 CC Meeting Packet Enclosure I I
12
Oak Park Heights
Request for Council Action
Meeting Date January 22 2013
Time Required: 10 Minutes
Agenda Item Title: Temporary Outside Sales — Accessory Use in B -2 & 134 Districts
Agenda Placement New Business /"'
Originating Department/Requestor Eric • nson, ' 'Administrator
Requester's Signature
Action Requested Discussion, Possible Acti n
Background /Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
Please see the enclosed from Scott Richards
1. Planning Report dated Jan 3., 2013
2. Recommending Resolution from the Planning Commission — Unsigned
3. City Council Proposed Ordinance.
Page 55 of 108
TPC 3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPC@Pla nni ngCo. com
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: January 3, 2012
RE: Oak Park Heights — Temporary Outside Sales — Accessory Use in
the B -2, B -4 Districts and Areas Zoned Commercial Planned Unit
Development.
TPC FILE: 236.01 — 13.01
BACKGROUND
City Staff has been discussing how to administer temporary outside sales such as
garden centers, fireworks sales, or holiday decoration /tree sales. Currently, the only
temporary sales operation that is not directly related to the adjacent retailer is the
Linder's Flower Mart in the Kowalski's parking lot. The garden centers at Menards,
Lowes and Walmart have been incorporated into the buildings or fenced and are now a
permanent part of their retail operations.
It is suggested that the City amend the Zoning Ordinance to allow temporary outside
sales as an Administrative Permit that is approved by the Zoning Administrator (City
Administrator). This would be done on a yearly basis by filling out a permit form that is
submitted, reviewed and approved by the City Administrator. This is similar to how
home occupations are regulated. If there are issues that have arisen in the past or
issues that are anticipated, the City Administrator can add conditions to the permit. We
would suggest that the allowance for temporary outside sales be limited to just garden
centers, fireworks sales and holiday decorations /tree sales.
The two Zoning Districts that would be amended would be the B -2, General Business
District and the B -4, Limited Business District. Areas zoned Commercial Planned Unit
Development District, which includes the shopping center where Linder's is located,
would also be subject to the allowance for temporary outside sales.
A public hearing has been scheduled to review the potential Zoning Ordinance
amendments at the January 10, 2013 Planning Commission meeting.
Page 56 of 108
EXHIBITS
Exhibit 1: Zoning Map
Exhibit 2: B -2 District Section
Exhibit 3: B -4 District Section
Exhibit 4: Letter and Exhibits from Caio Cella, Linder's Flower Mart, December 10,
2012
PROPOSED B -2 LANGUAGE
Staff would suggest the following text change to add item 3. under Section 401.30.D.
Accessory Uses within the B -2 District. The new language is underlined.
401.30.D. Accessory Uses. The following are permitted accessory uses in a B -2
District:
1. All permitted accessory uses as allowed in a 0 -1 District.
2. Semi-Truck parking.
3. Temporary outside sales, to include only garden centers, fireworks sales, or
holiday decoration /tree sales as a yearly administrative permit subject to review
and approval of the Zoning Administrator and subject to the following conditions:
a. Outside sales areas are fenced or screened from view of neighboring
residential uses or an abutting residential district in compliance with
Section 401.15.E of this Ordinance.
b. All lighting shall be hooded and so directed that the light source shall not
be visible from the public right -of -way or from neighboring residences and
shall be in compliance with Section 401.15.B.7 of this Ordinance.
c, Sales and storage area is blacktopped or concrete surfaced.
d. The architectural appearance, scale, construction materials, and functional
plan of the structure and site shall not cause impairment in property
values, or constitute a blighting influence within a reasonable distance of
the site.
e. Adequate analysis and provisions are made to resolve issues related to
provision of water and electricity to the site and the demand for City.
services. No use shall be allowed that will exceed the City's ability to
provide utility, police, fire, administrative or other services to the site.
2
Page 57 of 108
f. Facilities on a site shall not be operated between the hours of 10:00 PM
and 6:00 AM unless otherwise allowed by formai action of the City
Council.
g. Provisions are made to control and reduce noise in accordance with
Section 401.15.B.11 of this Ordinance.
h. If the use is covering existing parking stalls, there shall be adequate
excess parking on site so that all parking requirements are complied with.
The location of the use shall create a minimum of conflict with
traffic movement, shall comply with Section 401.15.F of this Ordinance,
and shall be subject to the approval of the City Engineer.
j. Any required drainage systems shall subject to the approval of the City
Engineer.
k. All signing and informational or visual communication devices shall be
minimized and shall be in compliance with Section 401.15.G of this
Ordinance.
I, The provisions of Section 401.03.A.7 of this Ordinance are considered
and satisfactorily met.
m. The owner of the property must additionally approve the placement of the
temporary facilities by co- signing any required application: if such vendor
is not directly related to the owner, the owner shall also be subject to
additional enforcement actions should the vendor not comply with
requirements herein or within this Ordinance.
n. The City may revoke the Temporary Outside Sales Permit at anytime
should the operations become a public nuisance or hazard as defined by
the City.
o. No Temporary Outside Sales Permit shall exceed 120 calendar days per
year. The City Administrator may issue 30 calendar day extensions if
applied for prior to the conclusion of the initial 120 time period.
PROPOSED 8 -4 LANGUAGE
Staff would suggest the following text change to add item 3. under Section 401.301.D.
Accessory Uses within the B -4 District. The new language is underlined.
3
Page 58 of 108
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 13-1 District.
2. Semi -Truck parking.
3. Temporary outside sales, to include only garden centers, fireworks sales, or
holiday decoration /tree sales as a yearly administrative permit subject to review
and approval of the Zoning Administrator and subject to the following conditions:
a. Outside sales areas are fenced or screened from view of neighboring
residential uses or an abutting residential district in compliance with
Section 401.15.E of this Ordinance.
b. All lighting shall be hooded and so directed that the light source shall not
be visible from the public right -of -way or from neighboring residences and
shall be in compliance with Section 401.15.13.7 of this Ordinance.
c. Sales and storage area is blacktopped or concrete surfaced.
d. The architectural appearance, scale, construction materials, and functional
plan of the structure and site shall not cause impairment in property
values, or constitute a blighting influence within a reasonable distance of
the site.
e. Adequate analysis and provisions are made to resolve issues related to
provision of water and electricity to the site and the demand for City
services. No use shall be allowed that will exceed the City's ability to
provide utility, police,_fire, administrative or other services to the site.
f. Facilities on a site shall not be operated between the hours of 10:00 PM
and 6:00 AM unless otherwise allowed by formal action of the City
Council.
g. Provisions are made to control and reduce noise in accordance with
Section 401.15.B.11 of this Ordinance.
h. If the use is covering existing parking stalls, there shall be adequate
excess parking on site so that all parking requirements are complied with.
The location of the use shall create a minimum of conflict with
traffic movement shall comply with Section 401.15.F of this Ordinance,
and shall be subject to the approval of the City Engineer,
j. Any required drainage systems shall subject to the approval of the City
Engineer.
4
Page 59 of 108
k. Ail signing and informational or visual communication devices shall be
minimized and shall be in compliance with Section 401.15.G of this
Ordinance.
The provisions of Section 401.03.A.7 of this Ordinance are considered
and satisfactorily met.
m. The owner of the property must additionally approve the placement of the
temporary facilities by co- signing any required application; if such vendor
is not directly related to the owner, the owner shall also be subject to
additional enforcement actions should the vendor not comply with
requirements herein or within this Ordinance.
n. The City may revoke the Temporary Outside Sales Permit at anytime
should the operations become a public nuisance or hazard as defined by
the City.
o. No Temporary Outside Sales Permit shall exceed 120 calendar days per
year. The City Administrator may issue 30 calendar day extensions if
applied for prior to the conclusion of the initial 120 time period.
CONCLUSION /RECOMMENDATION
The Planning Commission, at its January 10, 2013 meeting should open the public
hearing and consider the Zoning Ordinance amendments as proposed. The Planning
Commission should consider whether any other conditions should be added.
5
Page 60of108
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EXHIBIT
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
Page 62 of 108
401.30,C. Interim Uses. The following are interim uses in a 8-2 District:
18 1. Private and public elementary, junior or senior high schools for a time period not to
exceed two (2) years provided that:
a. Adequate screening from abutting residential uses and landscaping is
provided in compliance with Section 401.15.E. of this Ordinance.
b. Adequate off - street parking and access is provided on the site or on Tots
directly abutting across a public street or alley to the principal use in
compliance with Section 401.15.F of this Ordinance and that such parking is
adequately screened and landscaped from surrounding and abutting
residential uses in compliance with Section 401.15.E of this Ordinance.
c. If outdoor recreation or playfields are proposed, adequate screening and
fencing from abutting residential uses is provided in compliance with Section
401.15.E of this Ordinance.
d. Adequate off - street loading and service entrances are provided and
regulated where applicable by Section 401.03.F of this Ordinance.
e. Adequate emergency vehicle access is provided to and within the site.
f. The site is served by an arterial or collector street of sufficient capacity to
accommodate the traffic that will be generated.
g. The provisions of Section 401.05.0 and 401.03.A of this Ordinance are
considered and satisfactorily met.
401.30.D. Accessory Uses. The following are permitted accessory uses in a B -2
District:
• 1. All permitted accessory uses as allowed in a B -1 District,
2. Semi -Truck parking.
401.30.E. Conditional Uses. The following are conditional uses in a B -2 District:
(Requires a conditional use permit based upon procedures set forth in and regulated by
Section 401.03 of this Ordinance).
1. Drive -in and convenience food establishments provided that:
a. The architectural appearance and functional plan of the building and site
shall not be so dissimilar to the existing buildings or area as to cause
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impairment in property values or constitute a blighting influence within a
reasonable distance of the lot.
b. At the boundaries of a residential district, a strip of not less than five (5) feet
shall be landscaped and screened in compliance with Section 401.15.E. of
this Ordinance.
c. Each light standard island and all islands in the parking lot landscaped or
covered.
d. Parking areas shall be screened from view of abutting residential districts in
compliance with Section 401.15.E. of this Ordinance.
e. Parking areas and driveways shall be curbed with continuous curbs not less
than six (6) inches high above the parking lot or driveway grade.
f. Vehicular access points shall be limited, shall create a minimum of conflict
with through traffic movements, shall comply with Section 401.15.F. of this
Ordinance and shall be subject to approval of the City Engineer.
g. All lighting shall be hooded and so directed that the light source is not visible
from the public right -of -way or from an abutting residence and shall be in
compliance with Section 401.15.B.7. of this Ordinance.
h. The entire area shall have a drainage system which is subject to the approval
of the City Engineer.
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.
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I I
b. Magazining or stacking space is constructed to accommodate that number of
vehicles which can be washed during a maximum thirty (30) minute period
and shall be subject to the approval of the City Engineer.
c. At the boundaries of a residential district, a strip of not less than five (5) feet
shall be landscaped and screened in compliance with Section 401,15.E. of
this Ordinance.
d. Parking or car magazining storage space shall be screened from view of
abutting residential districts in compliance with Section 401.15.E. of this
Ordinance.
e. The entire area other than occupied by the building or plantings shall be
surfaced with material which will control dust and drainage which is subject to
the approval of the City Engineer.
f. The entire area shall have a drainage system which is subject to the approval
of the City Engineer.
g. All lighting shall be hooded and so directed that the light source is not visible
from the public right -of -way or from an abutting residence and shall be in
compliance with Section 401.15.B.7 of this Ordinance.
h. Vehicular access points shall be limited, shall create a minimum of conflict
with through traffic movement and shall be subject to the approval of the City
Engineer.
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 •
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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 less 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.
At the boundaries of a residential district, a strip of not less than five (5) feet
shall be landscaped and screened in compliance with Section 401.15.E. of
this Ordinance.
j. Parking or car magazine storage space shall be screened from view of
abutting residential districts in compliance with Section 401.15.E. of this
Ordinance.
k. Vehicular access points shall create a minimum of conflict with through traffic
movement, shall comply with Section 401,15. F. of this Ordinance and shall
be subject to the approval of the City Engineer.
All signing and informational or visual communication devices shall be
minimized and shall be in compliance with Section 401.15.G. of this
Ordinance.
m. Provisions are made to control and reduce noise.
n. No outside storage except as allowed in compliance with Section 401.30.E.5
of this Ordinance.
1 0. 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.
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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. Ali 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 401.15.8.7 of this Ordinance.
e. The provisions of Section 401.03.A.8 of this Ordinance are considered and
satisfactorily met.
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6 6. Open and outdoor services, sale, and rental as a principal or accessory use and
automobile repair minor as an accessory use including new or used automotive, trucks,
boats, or motorized vehicles and related accessory sales and provided that:
a. Outside sales areas are fenced or screened from view of neighboring
residential uses or an abutting residential district in compliance with
Section 401.15.E of this Ordinance.
b. All lighting shall be hooded and so directed that the Tight source shall
not be visible from the public right -of -way or from neighboring
residences and shall be in compliance with Section 401.15.B.7 of this
Ordinance.
c. Sales and storage area is blacktopped or concrete surfaced and all paved
areas are surrounded by concrete curbing.
d. The architectural appearance, scale, construction materials, and functional
plan of the building and site shall not be dissimilar to the existing nearby
commercial and residential buildings, and shall not cause impairment in
property values, or constitute a blighting influence within a reasonable
distance of the site.
e. Adequate analysis and provisions are made to resolve issues related to
demand for services. No use shall be allowed that will exceed the City =s
ability to provide utility, police, fire, administrative or other services to the site.
f. All islands in the parking lot shall be landscaped.
g. A strip of not 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
401.15.13.11 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.
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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.
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
•
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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.
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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.
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.
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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.
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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 8-4 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.
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17. Theaters, excluding drive -in type of service.
18. Club or lodge halls serving food and beverage.
19. Parking or garages, other than those accessory to a principal use, for the parking
and storage of private passenger vehicles only.
20. Rental services conducted entirely within a building.
21. Artistic and handicraft uses such as artists studios, ceramic shop, pottery works,
candle making, light metal working, provided at least twenty -five (25) percent of the
total floor space at the front of the building on the street level is used for sales and
display purposes.
401.301.C. Interim Uses. The following are interim uses in a B -4 District:
1. None.
401.301.D. Accessory Uses. The following are permitted accessory uses in a B -4
District:
1. All permitted accessory uses as allowed in a B -1 District.
2. Semi -Truck parking.
401.301.E. Conditional Uses. The following are conditional uses in a B -4 District:
(Requires a conditional use permit based upon procedures set forth in and regulated by
Section 401.03 of this Ordinance).
1. Drive -in and convenience food establishments provided that:
a. The architectural appearance and functional plan of the building and site
shall not be so dissimilar to the existing buildings or area as to cause
impairment in property values or constitute a blighting influence within a
reasonable distance of the lot. All buildings shall comply with the City's
Design Guidelines.
b. At the boundaries of a residential district, a strip of not less than ten (10) feet
shall be landscaped and screened in compliance with Section 401.15.E. of
this Ordinance.
c. Each light standard island and all islands in the parking lot landscaped or
covered.
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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. AD 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.
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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.
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.B. of this Ordinance to
the principal use of the property.
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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 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.
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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.
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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 401.15.0.6.
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.
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k. Residential uses shall be provided with a separate entrance, and separately
identified parking stalls.
The architectural appearance, design and building materials of residential
structures shall be consistent with the Design Guidelines and subject to
approval of the City Council
10. Buildings in excess of three (3) stories or thirty -five (35) feet, provided that:
a. The site is capable of accommodating the increased intensity of use.
b. The increased intensity of use does not cause an increase in traffic volumes
beyond the capacity of the surrounding streets.
c. Public utilities and services are adequate.
27 d. For each additional story over three (3) stories or for each additional ten (10)
feet above thirty -five (35) feet, front and side yard setback requirements shall
be increased ten (10) feet.
27 e. The project shall comply with the Minnesota Sustainable Building 2030
(SB2030) energy standards and Minnesota Sustainable Building Guidelines
(B3) or as amended.
27 f. There shall be no parking in the yards facing adjacent rights of way.
27 g. On the third and upper floors, windows and /or architectural features that
provide interest shall be included on all four sides of the building when
permitted within the building code.
27 h. Abrupt changes in building heights and /or roof orientation shall be diminished
by offsets of building form and mass.
27 i. Recesses and projections to visually divide building surfaces into smaller
scale elements shall be included.
27 j. Color shall be used to visually reduce the size, bulk and scale of the building.
27 k. Buildings forty (40) feet or over shall provide rooflines with articulated
features.
27 I. Location of back flow prevention devices and the fire sprinkler riser shall be
identified on project plans submitted for site and design review and shall be
located inside the building.
301 -8
Page 80of108
27 M. The provisions of Section 401.03.A.8 of this Ordinance are considered and
satisfactorily met.
II I
301 -9
Page 81 of 108 •
EXHIBIT 4
Linder's Flower Marts
''`""g 275 W Wheelock Pkwy
f ! c [��� St Paul, MN 55117
'� ;
t 0) 6 685 7993
' . wro.2oro
i d
y 1 r , r! Fax:-651-25570. . 445 1
®� fi . E-mail: caiocela @tinders com
December 10, 2012
Julie.l-lultman
Planning & Code Enforcement Officer
City of Oak Park 1-1eights
14168 Oak Park Boulevard North
Oak Park Heights, MN 55082
Dear Ms. Hultman;
Please accept this letter its liar t of our Conditional Use Permit application to continue to operate a I I
Lmdiei's lIower Malt at 5801 Neal Ave. N Kowalski's Market pa rking lot.1 am enclosing some
photos and infoimation about our garden centers. We have been doing Flower Miirts for. twenty
three years in the Twin Cities area. The iesponse we have had from our customers and nearly
businesses leas been excellent. Our concept in marketing and presentation has received numerous
coinplirnents from customers and • others within the garden center industry.
ABOUT L1NDER'S:
Linder's is a family :business and; has been growing and selling high quality flower and vegetable
plants for over 100 years. We g most everything 'w.e sell other than nursery stock, some
perennials, and specialty items, and have two large glowing locations: St: Paul and Lake Elmo.
During the last twenty three years we have developed our "flower Marts" and have placed them
throughout-the Twill Cities: In 2012 we oper at fifty two different locations • ,During o ui season
we sell all types of annuals, perennials hanging baskets and other products for use in the home
garden Because we are well known as a quality grower, many gardeners seek us out to supply their
planting needs. Locating in areas around the cities enables. us to serve our customers .better..It is
also an opportunity for neighboring business owners to provide then customers with quality flower
and vegetable plants conveniently nearby. Our 'customers have given us a tremendous welcome and
look forward to our returning each spring:
We grow quality bedding plants as well as other seasonal products for sale both wholesale and
retail. Linder's guarantees all our products and because we are a year -round business, our customers I
can come to u,s even after our remote "Flower Marts" have closed for the season. We take great
pride in our "Flower Marts" and are proud to display our name on them and carefully sign them to
identify ourselves. The photos show our "Flower Marts" at various locations for you to see how we
look. We are very proud of our reputation and do everything possible to be the best in this market.
www.Linders.com
Page 82of108
•
THE MARKET:
• We have been operating at the Kowalski's Market location for the last 8 years and it has been an
• excellent place to locate a Linder's "Flower Mart ". We are proud of the opportunity to serve our
• customers in your community with a nearby convenient shopping location where they can buy
quality plant materials from a local Twin Cities grower.
LOCATION:
The area utilized for the last 8 years is 151 ft. by 40 ft. (about 6,040 sq. ft). This size includes the
garden center itself and the patio areas connected to the Flower Mart. The store is located in the
northwest portion of the parking lot as shown on the site plan. We think that this area has some
distance from the front of the other businesses and out of the main stream of traffic, both pedestrian
and vehicular. We want to give the Flower Mart visibility to the public without obstructing the
visibility of the other neighboring businesses, and at the same time have good visibility in order to
attract customers into the lot.
TRAFFIC: •
With regard for vehicle traffic, the "Flower Mart" is placed in the selected location in order to keep
any traffic disruption to a. minimum. The patio areas at the front, side and back serve to protect the
"Flower Mart" from vehicles and let the drivers see around the garden center. The patio fence is
about 4 ft high and surrounds the "Flower Mart" on three sides. This design has been used at our
"Flower Marts" for several years and we have yet to have had a problem with vehicle movement.
We feel that this is a safe way to deal with vehicles. Placed in this manner, vehicles cannot park
adjacent to the "Flower Mart ". The circulation of vehicles in the parking lot has not been adversely
affected by the "Flower Mart" due to its location in the lot,
PARKING: •
We have designed the "Flower Mart" as we did because we feel that this is the most professional
design and uses the available space to its maximum potential. Linder's has operated "Flower Marts"
successfully for twenty three years in communities surrounding the Twin Cities. It has been our
experience that the traffic and parking in the lots shared by the "Flower Mart" is not affected •
considerably due to the sharing of customers with our property owner. We bring in many customers
• - but they are easily handled by the size of the lots we occupy. We do not want to create a congestive •
• . atmosphere for our customers or neighboring businesses.
•
The "Flower Mart" generates business activity which varies during the business day with the most
activity occurring in late afternoon and evening. There is also business activity occurring on the
weekends with the most on Saturdays. I aving done this type of operation for twenty three years, it •
•
would be safe to say that the average amount in the "Flower Mart" at any one time is about five to
six customers. 'The maximum amount of customers may be up to ten. There are certainly times
when special sales occur that higher levels of activity may occur, but we have never seen so much
that a problem has occurred in relation to the amount of cars or pedestrian traffic.
•
•
Page 83 of 108
i
•
THE "FLOWER MART ":
• The "Flower Mart" itself is 78 feet long and 21 feet wide and 12 feet high. There are patio /display •
areas in the front, side and rear of the "Flower Mart ". The entire size is 151 feet by 40 feet with
• total of 6,040 square feet. See the attached drawing.
The "Flower Mart" itself is a high quality greenhouse structure which sits on the pavement and is
held down with an internal system which uses water for ballast. It is a commercially made unit,
which is manufactured by a Minnesota company (Poly -Tex, located in Castle Rock, MN). It is a
very good looking structure which we have used for many years.
•
ADVERTISING:
Linder's has established an extensive advertising program, which includes a large presence on
television, with commercials and other appearances by our staff. The Linder's name is synonymous
with quality, selection, and service. Our two year warranty on most products has established us as a
leader in this industry. We also use radio, major newspapers, local papers, brochures, and other
mailings to convey our message. We make extensive efforts to bring in customers so we can be
successful as well as all other merchants. •
SIGNAGE:
The signage for a typical "Flower Mart" is shown on the drawing. This is what we believe to be an
excellent signage plan. We have tried to design the appearance and signing of our stores to be not
•
only eye catching but professional looking as well. We are very conscious of how we look and do
business. We would comply with the current sign requirements of the City of Oak Park Heights.
UTILITIES:
• Our only utility requirements are reasonable access to water for the plants and 110 volt electricity
(on 24 hours) which runs the cash register and other small items in the "Flower Mart ".
•
This power comes from a light pole in the lot next to the "Flower Mart. We have no lighting
• permanently installed in the "Flower Mart ". Linder's takes away all discarded material and
unnecessary items. We strive to maintain a clean and professional appearance.
Water is the other utility we need. This is needed to care for the plant material at the "Flower Mart ".
The water comes from the underground sprinkler system next to the "Flower Mart ". We only need
the equivalent ea standard gardening hose to water the plant material.
•
THE SPRING SELLING SEASON:
The selling season to be from April 15 thru July 15 (weather dependent). We typically begin
preparations to set up all of the Linder's "Flower Marts" in the middle of March. We request the
necessary time to build the "Flower.Mart" before the season begins. We first deliver the necessary •
equipment to the location and then begin setting -up the "Flower Mart" when the weather is
•
permissible. The "Flower Mart" is taken down and totally removed on the closing day of the
season. We totally clean and sweep the location in the parking lot so that once we are gone there is
no evidence of our having been there.
•
•
•
Page 84 of 108
OUR HOURS:
Our hours are 7:00 AM until 8:00 PM weekdays and 7:00 AM until 8:00 PM on most weekends.
We typically have two to three einployees during weekdays and three to four during weekends. We
are open seven days a week during the season The "Flower Mart" is closely supervised by myself
and several DDistriet:Manageis who keep it stocked and operating cleanly and efficiently. We make
every attempt to employ poisons from the community.
I have tried to provide all of the information about Linder's to answer your questions. If you have
any other questions or concerns you can reach me at any time on my cellular telephone 612-685 -
79.93 or euail caiocella@a linders.com
Sincerely,
s'.
.,rte
Caio Cella
General Manages Flower Mart Division
Page 85 of 108
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Page 89 of 108
A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL AN ORDINANCE
AMENDMENT TO ALLOW TEMPORARY OUTSIDE SALES AS AN
ACCESSORY USE WITH A YEARLY ADMINISTRATIVE PERMIT
WITHIN THE B -2 GENERAL BUSINESS DISTRICT AND THE B -4
LIMITED BUSINESS DISTRICT
WHEREAS, City Staff requested that the Planning Commission consider an Ordinance
amendment to allow temporary outside sales as an accessory use with a yearly
administrative permit within the B -2 General Business District and the B -4 Limited
Business District, and having conducted a public hearing relative thereto, the Planning
Commission of Oak Park Heights makes the following findings of fact:
1. 'Me Planning Commission has reviewed the Zoning Ordinance and
determined that an Accessory Use Permit allowance for temporary outside sales with a
yearly administrative permit is justified in the B -2 General Business District, and the B -4
Limited Business District with conditions; and
2. City Staff to prepared draft Zoning Ordinance amendments which were
reviewed and revised by the Planning Commission; and
3. The Planning Commission held a public hearing at their January 10, 2013
meeting, took comments from the public and recommended amendments to the Zoning
Ordinance as found as follows; and
4, Section 401.30,D, Accessory Uses, of the B - 2 General Business District of
the Oak Park Heights Zoning Ordinance is recommended to read as follows:
401.30.D. Accessory Uses.
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:
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.
Page 90 of 108
b. All lighting shall be hooded and so directed that the light source
shall not be visible from the public right -of -way or from neighboring
residences and shall be in compliance with Section 401.15.B.7 of
this Ordinance.
c. Sales and storage area is blacktopped or concrete surfaced.
d. The architectural appearance, scale, construction materials, and
functional plan of the structure and site shall not cause impairment
in property values, or constitute a blighting influence within a
reasonable distance of the site.
e. Adequate analysis and provisions are made to resolve issues
related to provision of water and electricity to the site and the
demand for City services. No use shall be allowed that will exceed
the City's ability to provide utility, police, fire, administrative or other
services to the site.
f. Facilities on a site shall not be operated between the hours of 10:00
PM and 6:00 AM unless otherwise allowed by formal action of the
City Council.
g. Provisions are made to control and reduce noise in accordance
with Section 401.15.B.11 of this Ordinance.
h. If the use is covering existing parking stalls, there shall be adequate
excess parking on site so that all parking requirements are
complied with.
i. The location of the use shall create a minimum of conflict with
traffic movement, shall comply with Section 401.15.F of this
Ordinance, and shall be subject to the approval of the City
Engineer.
j. Any required drainage systems shall subject to the approval of the
City Engineer.
k. All signing and informational or visual communication devices shall
be minimized and shall be in compliance with Section 401.15.G of
this Ordinance.
1. The provisions of Section 401.03.A.7 of this Ordinance are
considered and satisfactorily met.
2
Page 91 of 108
m. The owner of the property must additionally approve the placement
of the temporary facilities by co- signing any required application; if
such vendor is not directly related to the owner, the owner shall
also be subject to additional enforcement actions should the vendor
not comply with requirements herein or within this Ordinance.
n. The City may revoke the Temporary Outside Sales Permit at
anytime should the operations become a public nuisance or hazard
as defined by the City.
o. No Temporary Outside Sales Permit shall exceed 120 calendar
days per year. The City Administrator may issue 30 calendar day
extensions if applied for prior to the conclusion of the initial 120
time period.
5. Section 401.301.D. Accessory Uses, of the B -4 Limited Business District
of the Oak Park Heights Zoning Ordinance is recommended to read as follows:
40 Accessory Uses.
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:
a. Outside sales areas are fenced or screened from view of
neighboring residential uses or an abutting residential district in
compliance with Section 401.15.E of this Ordinance.
b. All lighting shall be hooded and so directed that the light source
shall not be visible from the public right -of -way or from neighboring
residences and shall be in compliance with Section 401.15.B.7 of
this Ordinance.
c. Sales and storage area is blacktopped or concrete surfaced.
d. The architectural appearance, scale, construction materials, and
functional plan of the structure and site shall not cause impairment
in property values, or constitute a blighting influence within a
reasonable distance of the site.
e. Adequate analysis and provisions are made to resolve issues
related to provision of water and electricity to the site and the
demand for City services. No use shall be allowed that will exceed
the City's ability to provide utility, police, fire, administrative or other
services to the site.
3
Page 92 of 108
i
f. Facilities on a site shall not be operated between the hours of 10:00
PM and 6:00 AM unless otherwise allowed by formal action of the
City Council.
g. Provisions are made to control and reduce noise in accordance
with Section 401.15.B.11 of this Ordinance.
h. If the use is covering existing parking stalls, there shall be adequate
excess parking on site so that all parking requirements are
complied with.
i. The location of the use shall create a minimum of conflict with
traffic movement, shall comply with Section 401.15.F of this
Ordinance, and shall be subject to the approval of the City
Engineer.
j. Any required drainage systems shall subject to the approval of the
City Engineer.
k. All signing and informational or visual communication devices shall
be minimized and shall be in compliance with Section 401.15.G of
this Ordinance.
1. The provisions of Section 401.03.A.7 of this Ordinance are
considered and satisfactorily met.
m. The owner of the property must additionally approve the placement
of the temporary facilities by co- signing any required application; if
such vendor is not directly related to the owner, the owner shall
also be subject to additional enforcement actions should the vendor
not comply with requirements herein or within this Ordinance.
n. The City may revoke the Temporary Outside Sales Permit at
anytime should the operations become a public nuisance or hazard
as defined by the City.
o. No Temporary Outside Sales Permit shall exceed 120 calendar
days per year. The City Administrator may issue 30 calendar day
extensions if applied for prior to the conclusion of the initial 120
time period.
4
Page 93 of 108
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING
COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE
PLANNING COMMISSION RECOMMENDS THE FOLLOWING:
A. The Zoning Ordinance is amended to allow temporary outside sales as an
accessory use with a yearly administrative permit within the B -2 General
Business District and the B -4 Limited Business District as specified above; and
B. Copies of the recommended Zoning Ordinance amendment are on file at City
Hall.
Recommended by the Planning Commission of the City of Oak Park Heights this 10' day
of January 2013.
Jennifer Bye, Chair
ATTEST:
Eric A. Johnson, City Administrator
5
Page 94 of 108
- I
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
ORDINANCE NO. 2013- -
AN ORDINANCE AMENDING CHAPTER 401, ZONING ORDINANCE TO
ALLOW TEMPORARY OUTSIDE SALES AS AN ACCESSORY USE WITH A
YEARLY ADMINISTRATIVE PERMIT WITHIN THE B -2 GENERAL BUSINESS
DISTRICT AND THE B-4 LIMITED BUSINESS DISTRICT
THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS:
SECTION 1. Section 401.30.D. Accessory Uses, of the B -2 General Business
District of the Oak Park Heights Zoning Ordinance is hereby added to read as
follows:
401.30.D. Accessory Uses.
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:
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 401.15.8.7 of
this Ordinance.
c. Sales and storage area is blacktopped or concrete surfaced.
d. The architectural appearance, scale, construction materials, and
functional plan of the structure and site shall not cause impairment
in property values, or constitute a blighting influence within a
reasonable distance of the site.
e. Adequate analysis and provisions are made to resolve issues
related to provision of water and electricity to the site and the
demand for City services. No use shall be allowed that will exceed
the City's ability to provide utility, police, fire, administrative or other
services to the site.
Page 95 of 108
f. Facilities on a site shall not be operated between the hours of 10:00
PM and 6:00 AM unless otherwise allowed by formal action of the
City Council.
g. Provisions are made to control and reduce noise in accordance
with Section 401.15.B.11 of this Ordinance.
h. If the use is covering existing parking stalls, there shall be adequate
excess parking on site so that all parking requirements are
complied with.
The location of the use shall create a minimum of conflict with
traffic movement, shall comply with Section 401.15.F of this
Ordinance, and shall be subject to the approval of the City
Engineer.
j. Any required drainage systems shall subject to the approval of the
City Engineer.
k. All signing and informational or visual communication devices shall
be minimized and shall be in compliance with Section 401.15.G of
this Ordinance.
I. The provisions of Section 401.03.A.7 of this Ordinance are
considered and satisfactorily met.
m. The owner of the property must additionally approve the placement
of the temporary facilities by co- signing any required application; if
such vendor is not directly related to the owner, the owner shall
also be subject to additional enforcement actions should the vendor
not comply with requirements herein or within this Ordinance.
n. The City may revoke the Temporary Outside Sales Permit at
anytime should the operations become a public nuisance or hazard
as defined by the City.
o. One Temporary Outside Sales Permit shall be allowed per site. No
Temporary Outside Sales Permit shall exceed 120 calendar days
per year. The City Administrator may issue 30 calendar days
extensions if applied for prior to the conclusion of the initial 120
time period.
SECTION 2. Section 401.301.D. Accessory Uses, of the B-4 Limited Business
District of the Oak Park Heights Zoning Ordinance is hereby amended to read as
follows:
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401.301.D Accessory Uses.
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:
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 401.15.8.7 of
this Ordinance.
c. Sales and storage area is blacktopped or concrete surfaced.
d. The architectural appearance, scale, construction materials, and
functional plan of the structure and site shall not cause impairment
in property values, or constitute a blighting influence within a
reasonable distance of the site.
e. Adequate analysis and provisions are made to resolve issues
related to provision of water and electricity to the site and the
demand for City services. No use shall be allowed that will exceed
the City's ability to provide utility, police, fire, administrative or other
services to the site.
f. Facilities on a site shall not be operated between the hours of 10:00
PM and 6:00 AM unless otherwise allowed by formal action of the
City Council.
g. Provisions are made to control and reduce noise in accordance
with Section 401.15.8.11 of this Ordinance.
h. If the use is covering existing parking stalls, there shall be adequate
excess parking on site so that all parking requirements are
complied with.
i. The location of the use shall create a minimum of conflict with
traffic movement, shall comply with Section 401.15.F of this
Ordinance, and shall be subject to the approval of the City Engineer.
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j. Any required drainage systems shall subject to the approval of the
City Engineer.
k. All signing and informational or visual communication devices shall
be minimized and shall be in compliance with Section 401.15.G of
this Ordinance.
The provisions of Section 401.03.A.7 of this Ordinance are
considered and satisfactorily met.
m. The owner of the property must additionally approve the placement
of the temporary facilities by co- signing any required application; if
such vendor is not directly related to the owner, the owner shall
also be subject to additional enforcement actions should the vendor
not comply with requirements herein or within this Ordinance.
n. The City may revoke the Temporary Outside Sales Permit at
anytime should the operations become a public nuisance or hazard
as defined by the City.
o. One Temporary Outside Sales Permit shall be allowed per site. No
Temporary Outside Sales Permit shall exceed 120 calendar days
per year. The City Administrator may issue 30 calendar days
extensions if applied for prior to the conclusion of the initial 120
time period.
SECTION 3. The Planning Commission of the City of Oak Park Heights held a
public hearing at their January 10, 2013 meeting, took comments from the public,
and recommended that the City Council approve the amendments as provided in
this Ordinance.
SECTION 4. This Ordinance shall be in full force and effect upon its passage
and publication.
PASSED this 22 day of January, 2013 by the City Council of the City of
Oak Park Heights.
CITY OF OAK PARK HEIGHTS
Mary McComber, Mayor
ATTEST:
Eric A. Johnson, City Administrator
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