HomeMy WebLinkAbout2013-01-10 PC Recommending Resolution 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. The 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.
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.
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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:
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.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.
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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.
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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.
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Jennif- Te, C - air
AT ST:
66
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ric • fohnson, City Administrator
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