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Home My WebLink AboutPCP 01-06-2005 . , -~ ~ Chair 1245 W, Highway 96 David Sand I ommissioners ~HILLS Arden Hills, MN 55112 Ken Bezdieek 651,634.5120 Fran Holmes Arden Hills www.ci.arden-hills.rnn.us Clayton Larson Planning Commission Liz Modesette Clayton Zimmerman Wednesday, Januarv 5, 2005 City Vision A strong conununity that values our unique environment, our fiscal soundness, and our tradition as a desirable city-in which to live, work, and olav. Agenda Planning Commission Convenes 7:00 PM Call to Order 1. AGENDA 2. MINUTES A. December 1,2004 Meeting 4. PUBLIC HEARINGS A. _ 5. UNFINISHED AND NEW BUSINESS . A. Planning Case 04-19: Ramsey County, 1425 Paul Kirkwold Drive; Special Use Permit Amendment to allow for the installation of a year-round used oil and seasonal Household Hazardous Waste collection site at the northwestern portion of their Public Works Facility grounds. B. Continued discussion on Therapeutic Massage and Home Occupation Permits. C. Athletic field signage update. D. Discussion on front porches/setback exceptions. E. Planning Commission 2005 tentative meeting dates. F, Planning Commission 2005 PC Work Plan (will be discussed at the February Meeting). 6. REPOlrrS 7, ADJOURNMENT A quorum of the City Council may be present at this meeting. . DRAFf MINUTES CITY OF ARDEN HILLS, MINNESOTA DRAFT . PLANNING COMMISSION WEDNESDAY, DECEMBER 1, 2004 7:00 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER Chair Sand called the meeting to order at 7:06 p.m. ROLL CALL Present wcre Commissioners CJayton Larson, Elizabeth Modesette, Megan Ricke, Fran Holmes, Clayton Zimmerman, and Chair David Sand. Absent: Commissioner Ken Bezdicek. Also present were CounciJ Member Lois Rem; Community Development Director Scott Clark; City Planner Peter Hellegers; and Recording Secretary Kathleen Altman. A. APPROVAL OF MINUTES FROM PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 2004, . Commissioner Zimmerman moved, seconded by Commissioner Larson to approve the October 20, 2004 minutes as presented. The motion carried unanimously (6-0). PUBLIC HEARINGS A. PLANNING CASE #04-19 - RAMSEY COUNTY, 1425 PAUL KIRKWOLD DRIVE; SPECIAL USE PERMIT AMENDMENT TO ALLOW FOR THE INSTALLATION OF A YEAR-ROUND USED OIL AND SEASONAL HOUSEHOLD HAZARDOUS WASTE COLLECTION SITE AT THE NORTHWEST PORTION OF THEIR PUBLIC WORKS FACILITY GROUNDS Chair Sand opened the public hearing at 7:08 p.m. Mr. Hellegers stated applicants were requesting a Special Use Permit (2nd) Amendment to allow for installation of a year-round used oil collection site and a seasonal Household Hazardous Waste collection site at the northwest comer of applicant's property. Mr. Hellegers reviewed the background and sit plan information and noted staff had not received any letters, e-mails, or calls from residents in regard to this planning case. . Staff recommended approval based on the following conditions: I. The applicant shall continue to abide by the conditions of approval as stated in the approved Special use Permit except as amended by the two subsequent amendments. --------------- . ARDEN HILLS PLANNING COMMISSION - December 1, 2004 2 2. A Special use Permit Amendment form, drafted by the City Attorney, shall . amend the SUP and include the two amendments to the Special Use Permit. The SUP Amendment form shall reference the proposed revision to the Site Plan from Planning Case #04-19. Building permits may only be issued after the SUP Amendment document receives the approval of the City Council and is executed by both the City Council and the applicant. 3. Screening to surround the dumpster, east of the used oil collection building, should be constructed of wood or another opaque material such that the dumpster is adequately screened. 4. The used oil building should be of colors consistent with the surrounding buildings on the Ramsey County Public Works Facility site. Commissioner Modesette asked how the stormwater was going to be managed in this new area. Mr. Hellegers replied there would be drainage to the north where there was an existing stormwater drainage area. Commissioner Zimmerman stated at a previous meeting it was noted this was not going to be a 24-hour facility, and now they were asking for a 24-hour facility. He expressed concern about the size of this proposed location. He also noted that this waste facility was not a part of the SUP process. He asked how they could control hazardous waste . being dropped off if this was a 24-hour facility. Mr. Hellegers replied Commissioncr Zimmerman was accurate when he said this was not a part of the original SUP process. With respect to a 24-hour facility, one of the concerns before was that Ramsey County did not want the waste site within their security fence, but where it was being proposed now, it would not be within the security fence. Commissioner Zimmerman asked why the Special Use Pcrmit was attached to their handout when it had not been presented to the Planning Commission and the City Council. Mr. Hellegers replied the Special Use Pcrmit was a draft document and it would need to go through the entire process before it was approved and signed. Chair Sand expressed concern that they were being asked to approve this in isolation. He stated they were being asked to consider how particular uses were not only going to impact this facility, but how it would impact the entire TCAAP facility. He indicated they needed to consider the large picture. He stated he could not recommend this for that reason as well as the facility not meeting aesthetic requirements as noted in staff's report. He statcd there were many negatives to this proposal. He expressed concern about this being a 24-hour operation. He noted cven though this was an isolated area now, it might not be an isolated area in five years. He statcd hc was upset the County simply expected this to be approved. Commissioner Ricke asked what problems the County had at the exiting facility with . respect to spillage and hazardous waste being dropped off. She suggested having a security camera in that area, as well as limiting the hours. She noted it was important to have this type of a facility for the environment. L_ ___ --------------- ARDEN HILLS PLANNING COMMISSION - December I, 2004 3 . Chair Sand invited anyone for or against the variance to come forward and make comment. Terry Noonan, Environmental Services Section of the Ramsey County Public Works Department, stated this program was a joint effort between Public Works and the Environmcntal Health Department. He stated the Shoreview used oil site was an open facility and their experience was occasionally they did get things they did not want there, but the vast majority of the people using the site used it properly. He stated the drums at the Shoreview facility were for used oil filters, and this facility was both a used oil filter and used oil facility. He stated there was a benefit to having a site available 24 hours a day, seven days a week. He noted with this proposal, the Sheriffs Department was already on site and they expected there would be little problems with the new facility. He stated there would be security cameras on site as well as a Sheriffs patrol presence. Commissioner Ricke asked if there were State rules in effect if there was some spill or leak. Mr. Noonan replied any hazardous material left was stored temporarily and then taken to a household hazardous waste facility for disposal. He indicated thcy did not get much hazardous waste left, but it did happen occasionally. He stated this new proposal would allow a storage area for this hazardous waste confined in a building. He indicated there were State requirements that dealt with hazardous waste spills. Commissioner Ricke asked if their historical experience had been that there had not been . a problem with people dumping or spilling their used oil. Mr. Noonan replied one ofthc advantages of this proposal was that it was a covered facility. He stated the current facility was not covered and therefore, there was some spillagc. He noted with a covered facility they were able to isolate the facility from the environmental elements. Hc stated the new system would have raised metal grates, which would not become slippcry, as the current facilities metal grates had. He stated the new facility would look much cleaner than the current facility. Commissioner Ricke asked if there was a trend of expanding the collection of hazardous materials, such as computers and other items that people cannot easily dispose of. Mr. Noonan replied the County would probably do what was allowed by the City, but they would not do anything not allowed by the City. Joe Wozniak, Ramsey County Environmental Specialist, replied they looked at this as a "foot in the door". He stated they would not get involved in consumer electronics because of the size and weight of those materials. He stated they had been collecting the same types of materials at their sites for years and he did not believe they would expand on their collection efforts. Commissioner Zimmerman stated there was a benefit of having a hazardous waste collection facility, but he was concerned about the 24-hour a day operation. He noted there were would be no control and that was a concern for him. He indicated there were . other used oil sites in the area. He asked why should Arden HillslRamsey County be in the used oil collection business in a future residential area, and why should they open themselves up to that kind of exposure 24-hours a day, seven days a wcek. He stated he did not want to give people access 24-hours a day to drop off used oil, unless the facility was controlled and monitored. He noted pcople could store their used oil and drop everything at the same time under a controllcd process. ARDEN HILLS PLANNING COMMISSION - Dccember 1,2004 4 Commissioner Larson asked why it was necessary to have this open 24-hour a day, scvcn . days a week. Mr. Noonan replied it was their experience that people would be dropping things off24-hours a day, whether it was a controlled facility or not. Commissioner Larson asked how much traffic volume they expected. Mr. Noonan replicd they collected 40,000 gallons of oil a year, with the average customer bringing in 5 gallons, which would be approximately 800 trips a year. Commissioner Larson asked how the Army National Guard felt about this proposal. He stated it was important the National Guard approved of this site for security reasons. He indicated this would put a lot of traffic on a road that was not anticipated to he used for that. He believed the National Guard should be allowed to comment on this. Mr. Noonan replied the National Guard was represented at a meeting last week and the traffic issue had been discussed. He stated the National Guard did not believe this would be an issue and they did not have any objections to this proposal. Commissioner Larson requested the National Guard inform the City in writing that they were in agrecment with this facility and did not have any issues with the increased traffic. Chair Sand asked what kind of a structure they were proposing at this new facility. He noted they did not have a drawing or schematic of the facility. He requested the Commission get a sample of the actual materials to be used for this structure as well as a . drawing of the actual structure. He indicated he believcd this was an incomplete application. Chair Sand closed the public hearing at 7:47 p.m. Commissioner Ricke stated she would be interested in tabling this item for the additional information requested by the Commissioners. She stated a facility like this was essential in the community and that she would rather have residents bringing their waste to a facility like this, but there were still concerns thc Commissioners had and that was the reason she would like to see this tabled. Mr. Noonan replied the County would be willing to provide any infonnation the Commission desired. He stated if there was any specific information the Commission wanted, they could let them know. He stated it would be a big help to them if they not spend time on designing the building, if this application would not be considered by the Commission. He stated they wcre planning on putting in a steel building with the colors to match thc existing facility. He noted steel buildings were durable and if needed, panels could be replaced. He stated they would have a least one overhead door with a security door and the panels would be translucent. He noted this building would be similar to a garage, but probably smaller. He statcd the building was almost likc a machine shed and would not be heated or insulated. Commissioner Modesette asked how the overhead door would work for a 24-hour facility. Mr. Noonan replied they would need to have some instructions as to what to do, . but they had not discussed the specifics at this point. Chair Sand stated he would also like additional infonnation on landscaping and buffering, including a planting plan. Mr. Noonan replied they had submitted a supplemental plan that showed where the trees were located. ARDEN HILLS PLANNING COMMISSION - December 1, 2004 5 . Chair Sand stated they did not have that new supplemental plan. Mr. Hellegers replied the plan came in after the Commissioner's materials were prepared. Chair Modesette sated she was very much in favor of managing hazardous waste and as long as this was managed, she was not necessarily in opposition to a 24-hour facility. Chair Sand moved, seconded by Commissioncr Larson to table the Planning Case No. 04-19, Ramsey County, 1425 Paul Kirkwold Drive; Special Use Pcrmit Amendment to allow for the installation of a year-round used oil and seasonal Household Hazardous Waste collcction site at the northwestern potion of their Public Works Facility grounds to the January Planning Commission meeting pcnding receipt of additional information on the hours of operation for the facility, with consideration of whethcr the oil dumping area could be operated on a schedule that eliminated a 24-hour a day operation; that some definition be given to the nature of the structure; some written communication from the Army National Guard be submitted stating they had no concerns about security if a 24- hour facility was approved; and a submission of a planting/landscaping plan to screen this facility from the north. Commissioner Ricke stated she would no longer be on the Commission after this meeting, but she wanted the Council to note she would have voted in favor of this with the recommendations made by staff at tonight's meeting. . The motion carried (5-1) (Commissioner Ricke). UNFINISHED AND NEW BUSINESS A. PRESENTATION BY JOHN SHARDLOW OF DSU ON TCAAP PRELIMINARY FRAMEWORK PLAN Mr. Clark stated the TCAAP Master Planning Advisory Panel reviewed thrce concept plans and based on their comments DSU was able to establish a preferred concept. Building on that preferred concept, DSU was able to create thc Preliminary Framework Plan, which shows potential arrangement of buildings, open spaces, and transportation routes. John Shardlow and GeoffMartin ofDSU presentcd the TCAAP Preliminary Framework Plan to the Planning Commission. Commissioner Ricke asked if in the future light rail would ever be feasible in this area. Mr. Shardlow replied if there were to be light rail incorporated on 35W; it could be incorporated into the TCAAP area. Commissioner Zimmcrman asked what the pnme revenue generators for this . development were. Mr. Shardlow replied he believed therc would have to bc enough critical mass established of all markets so that there was confidence established within the marketplace. He noted there would have to some of all of the types of development there. ARDEN HILLS PLANNING COMMISSION - December I, 2004 6 Commissioner Zimmerman asked how items would be brought to thc Commission. Mr. . Clark replied the benefit to this development was that there was a Master Developer involved and a regulatory control would need to be put in place, which included the design guidelines. He stated they would also bring into this some type of a redevelopment district with standards put into place. He noted there would probably be a concept agreement for all of thc acres which would have key guidelines outlined and at that point, thc development would come in on phases. He indicated there would also be a comprehensive plan in place for this development. Commissioner Modesette asked what steps had been taken and what steps needed to be taken. Mr. Clark replied what happened was that the driving issue was site charactcrization because the developer needed to know what was on the property in order to price the property. He indicted there was a phase one and phase two done with comments being made by the PCA and EP A, but no comments being made back to the Anny. He stated there was an obligation to remediate the property to minimal industrial standards, but they were talking about a development that was radically different. He believed the regulators were not going to require a lot more with respect to an early transfer, but they wanted to figure out the remediation process after the transfer process, which would not work. He noted this was the largest stumbling block. He stated the bottom linc was that if they were going to characterize the site to the point that it was logical for thc developer to take it, the developer was going to have to make the initial characterization and not the Anny. The developer needed to manage their risk on this property. The Anny had indicated they wanted the transfer to happen in January, 2006, . but right now they had documents and task lists due to the City on December 15 and they needed to set up a process on how to deal with this. Commissioner Zimmerman asked what if the bottom line from GSA was a high figure, what would happen. Mr. Clark replied he did not believe the GSA would do this and that the GSA and the Anny did want to have this property transferred. Commissioner Sand asked who the developer was requesting to do the residential housing sector. Mr. Shardlow replied no residential partner had been named yet. Mr. Clark noted once the City decided what type of residential they wanted; they then could look residential developers. Commissioner Zimmerman asked if there was a danger that the GSA could put this on the open market because of national developers having "deep pockets". Mr. Shardlow replied before any houscs could be put out there, there was a lot of cleaning up to do. He stated if the developer was looking for a residential partner, he did not believe there would be any problem finding one, but he did not believe a developer would come in and pay a high price for the land based on speculation. Chair Sand noted MnDOT might play an important role as to how the site was entered. He asked if MnDOT was participating in this process. Mr. Shardlow replied MnDOT . and the County were onboard with the basic aspect of site access and they were cooperating and participating. . , ARDEN HILLS PLANNING COMMISSION - December I, 2004 7 . B. DISCUSSION ON THERAPEUTIC MASSAGE AND HOME OCCUPATION PERMITS Mr. Hellegers stated a resident had inquired about the Therapeutic Massage as a potential Home Occupation. He noted based on current City Regulations for Massage, Rap, and Sauna Parlors it does not appear that any sort of massage business could be operated out of a home. City Code attempts to regulate these activities and provides certain exclusions however Therapeutic Massage is not one ofthcm. Mr. Hellegers asked thc Planning Commission if Therapeutic Massage should be added to the exceptions, or should Therapeutic Massage and/or massage in general be expressly prohibited as a home occupation under the Zoning Ordinance. Commissioner Larson statcd he believed the current City Regulation was outdated and should be looked at again. He indicated the concept of a therapeutic massage was a needed alternative medical treatment and he did not see why this could not he a reasonable home occupation. Commissioner Modesette agreed with Commissioner Larson and indicated this would be the type of a business would be more in parallel with a home occupation. Commissioner Ricke asked if staff had chccked with other surrounding communities for . their regulations. Mr. Hellegers replied he kncw Richfield had a concern about the inspection process with this type of a business. He noted he was also aware of a similar business in Minneapolis, so other communities did allow this typc of activity. Mr. Hellegers stated that staff would research this further before the item returned to the Commission. Commissioner Ricke stated instead of starting from scratch, thcy should look at what the other communities had donc and what their experiences have been. She believed there was a role and need for this type of a service in the community. Commissioner Zimmerman noted a number of salons and spas also offered therapeutic massage. Commissioner Larson stated it appeared there was support for this type of a business and suggested staff research this further and comc up with proposed language for the Commission's review. Chair Sand noted there should be some minimal rcquirements required of this type of business also. Karin Muska, 3260 Snelling Avenue North, stated as far as licensure, therapeutic massagcs were not licensed in Minnesota, but she was going to school and would . graduate in December. She stated she had over 700 hours of experience and she was over the certification requircment. She indicated they were looking to be licensed in Minnesota so they could get some respectability. She stated she wanted to protect her family as much as possible, so the type of business she wanted was through referrals and she would also like to limit it to women only. She noted her eventual goal would be to teach couples how to give therapeutic massages to each other and their children. ARDEN HILLS PLANNING COMMISSION - December 1,2004 8 , Chair Sand asked what the difference was between a therapeutic massage and a . chiropractor. Ms. Muska replied she was not qualified to do any diagnosis and would not be involved in skeletal manipulations. Her business would only deal with the tissues. Commissioner Zimmerman asked if she had considered working for a business that was already established in massage. Ms. Muska replied initially she would probably work for a business to get the practice and experience, but she wanted to be around her children, so eventually she wanted to have a small practice out of her home. C. DISCUSSION ON BALL FIELD SIGNAGE AT MOUNDS VIEW HIGH SCHOOL Mr. Hellegers stated staff had received inquiries from Mounds View School District about allowing sponsorship signage around the football and track field. Based on staffs discussion with the MVSD it sounded like the signage would be banner signs that could be affixed to the fences surrounding the field during the fall football!soccer, and spring track seasons. He indicated currently the Sign Ordinance regulates all signage in the City and does not provide an exemption for ball field signage. He asked should ball field signage be exempted from the Sign Ordinance regulations and should specific criteria for ball field signage be established and added to the Sign . Ordinance to handle the size and type of signage. Commissioner Zimmerman stated he did not have a problem with this request because it would be jnternal to the ball field and he believed advertising was a part of the process and there were financial reasons to consider this for the School and since the only people who were going to see the signage were the people attending the event, he did not see this as an Issue. Commissioner Ricke stated she had no objcction to banners being at the ball fields, but should they have some guidelines for it. She also asked if this should be limited to school only. Commissioner Larson stated banners that were only visible inward were a reasonable request considering the funding that was needed to keep the programs going. Chair Sand stated they needed to recognize if there were residential homes in the area and if the banners were visible from the homes. Commissioner Zimmerman suggcstcd all banners be taken down after the particular sporting season is done. That way, when there were no activities on the field, the signage would not be there. Commissioner Holmes suggested thcy might want to take the banners down after every . game. Chair Sand noted they could regulate the timing and use of the banners instead of banning them completely. , ARDEN HILLS PLANNING COMMISSION - December I, 2004 9 . Commissioner Ricke asked what other communities had done. Mr. Hellegers stated he would research this and bring back some sample language. Commissioner Larson moved, seconded by Commissioner Zimmerman to waive the 10:00 p.m. ending time. The motion carried unanimously (6-0). Mounds View School District Community Education Director Nick Temali, stated the school was interested in generating funds into the district and one ofthose ways was through advertising. He stated they were proposing banner signs that would be done at the district level. He stated other schools had this type of advertising and he would share with Mr. Hellegcrs the information he had. He indicated right now they were interested in banner ads, and as the scoreboards werc replaced, they might want to sell ads for the scoreboard also. He noted right now the School Board was not interested in naming rights ofthe fields, but this could be a possibility in the future. He asked the City consider three things: The banner signs; potential scoreboard signage; and possible naming rights and what restrictions they would need to consider before something like that would be allowed by the City or the School District. REPORTS . A, Planning Commissioners Chair Sand stated this was Commissioner Ricke's last meeting due to her work commitments. He thanked Commissioner Ricke for her assistance on the Commission. B. Staff None. C. Council Member Council Member Rem updated the Commission on recent City Council actions. ADJOURNMENT Commissioner Zimmerman moved, seconded by Commissioner Larson to adjourn the meeting at 10:14 p.m. The motion carried unanimously (6-0). . , . ~ ~~HILLS MEMORANDUM DATE: January 5, 2005 PC Agenda Item S.A TO: Planning Commission FROM: Peter Hellegers, City Planne@ SUBJECT: PC #04-19, Ramsey County Partners Public Works Facility, 1425 Paul Kirkwold Drive (Hamline Avenue and Highway 96) Special Use Permit (SUP) 2nd Amendment and Site Plan Review. Requested Action The applicant has requested a Special Use Permit (2nd) Amendmcnt to allow for installation of a year-round used oil collection site and a seasonal Houschold Hazardous Waste collection site at the northwest comer of the applicant's property in Arden Hills. The applicant is also seeking a materials variance for the used oil collection building. . Updates/Cbanl!es At the December 2004 meeting the Planning Commission tabled this itcm for lack of information and requested that the applicant return to the January 2005 mceting with: (1) Definition be given to the structure (drawings, and sample materials were also requested earlier in the meeting); (2) Consideration on whether the oil dumping area could be operated on a schedule that eliminated the 24-hour a day opcration; (3) Written communication from the Army National Guard stating that the proposed uses, and 24-hour use of the oil facility, would not posc security problems to their facilities. (4) Submission of a planting/landscaping plan to screen this facility to the north. The applicant has provided additional materials including a lctter from the National Guard, a drawing showing the existing 8 Black Hills Spruce trees being relocated to the north of the facility, a revised narrative, additional sample building pictures, and rcvised computer simulations. Building plans were not included in the supplementary materials submitted by the applicant for this meeting. Staff inquired about plans but the applicant stated that the County's process would require him to gct approval for the structure before they could be authorized to select a contractor to provide them with the plans, once a contractor was sclected then the County would get thc . \\Earth\Planning\Planning Cases\2004\04-19 RCPWF SUP Amendment Oil drop site and HHW (PENDING)\Ol-05-05 PC Repor! RCPWF SUP 2nd Amendment.doc Page 1 of9 " plans from the contractor. The applicant has provided several computer drawings, sample building pictures, and narrative to attempt to describc the proposed building. The applicant has . offered to bring plans back to the Planning Commission as part of a condition of approval if the materials thc applicant has provided could be substituted in the interim. While staff recognizes the constraints the applicant has explained, staff determined that plans should still be provided at the time of Planning Commission consideration. The proposcd used oil containment building has been reduced in size from about 450 square feet to a footprint of 200 square feet (10' x 20'). The building that is proposed is still steel construction, however, the applicant has proposed using a non-mortar brick wainscoting and, if required by the Planning Commission, would provide a shingle roof instead of a steel roof. The current Civic Center District requirements allow only brick, stone, and glass as exterior materials except that metal may be used for trim. Since the primary material is metal, this proposal would require that the Planning Commission grant the proposal the exception to use metal as the primary building material. The surrounding buildings in the yard area of the Public Works Facility are a tan pre-cast concrete panel with black metal trim. The applicant has stated that the colors of the surrounding materials would be used to try to make the appearance of the buildings appear more consistent. The additional narrative provided by the applicant docs not discuss eliminating the 24-hour operation of thc us cd oil collection facility. As the narrative states, the applicant believes that if potential users of the facility find that it is lockcd the potential user may either leave used oil outside of the locked collection facility or dispose of the used oil improperly. The implication is that a 24-hour facility is preferable as this would provide the potential user access whenever they . attempted to use the facility. Furthermore, the applicant states that there is an existing video camera at the filling station just west of the proposed uscd oil and HHW sites, and an additional camera to cover the used oil site could be added if necessary. The narrative also states that the Ramsey County Sheriff s Department is already located on site; the general presence of the Sheriffs Department and Sheriffs Department vehicles should be a deterrent to those individuals who may try to use the site improperly. The HHW site would only be operated for about one month at a time for one or more months during the year. The previous HHW site in Shoreview operated on Fridays an A letter from Captain Keith Femdon of the Army National Guard states that the proposed used oil collection and HHW sitc should not interfere with the security and operation of National Guard facilities. The letter also states that informational street signage should be added to prevent potential users of the used oil and HHW site from colliding with gates securing the National Guard property. Site Plan Review The following analysis highlights some of the changes proposed in the Special Use Permit Amendment. \\Earth\Planning\Planning Cases\2004\04-19 RCPWF SUP Amendment Oil drop site and HHW (PENDING)\01-05-05 PC Report RCPWf SUP . 2nd Amendment_doc Page 2 of9 l. Zoning - Uses do not .fit predefined categories (determination by Planning Commission . required); HHW site operation would require an exception from the Staging Area requirement for the CC district. The uses proposed in the amendment to the Special Use Permit (SUP) includc a uscd oil collection building which would be open 24 hours a day for 365 days a ycar. Also included in the proposed SUP Amcndmcnt is a seasonal Household Hazardous Waste (HHW) site which would likely operate during regular business hours on Fridays and Saturdays for one or more months. Neither of the uses fits exactly into any predetermined use on the Land Usc Chart. However, hoth uses sccm compatible with thc adjaccnt "yard" area of thc Ramsey County/Partners Public Works Facility. At the December 2004 meeting, several questions werc raised about the 24 hour operation of the used oil facility. In the updated narrative provided by the applicant, thc applicant indicatcs that there is a camera in place at the filling station just west of the proposed used oil collection facility. Thc applicant also indicates that an additional camera could be added if it were determined to be necessary. The applicant also states the current facility has been operated on a 24 hour basis and they have not had many problems. The narrative also states that if someone attempted to use the facility and it were found to be closed, they pcrson may just lcave the used oil outside of the gate or dispose of the used oil improperly. The applicant indicatcs a 24 hour facility should eliminate that scenario. 2. Aesthetics - Does Not Meet CC District Exterior Materials Requirement. . The proposal calls for an area of impervious surfacc and one 200 square foot building to contain the used oil collection area. The proposed building would be of metal construction (walls and roof) which is currently not permitted under the Civic Center District requircments. While thc interest of the Civic Center District is to crcate an area of attractive public facilities, with the exception of the "face" ofthe complex facing Highway 96, the remainder of the building and accessory buildings havc been constructed of pre-cast concretc or other materials not specifically permitted in the CC District. The proposed used oil collection building should not be visible from Highway 96, only from the internal portion of the site or from the rcar. The applicant has proposed that a non mortar brick wainscoting to cover thc base of the wall would bc included soften the appearance of thc building. In addition the applicant would includc a shingle roof to also help with the appearance of the building if the Planning Commission required it. The attachments show pictures of other buildings which have similar construction materials to what is being proposed. 3. Lot Coverage - Code Requirement Met The CC: Civic Center District requires that no more than 40% of the lot bc covered by structure. The proposed used oil building footprint is 200 square fcct while the parcel is . \\Earth\Planning\Planning Cases\2004\04-] 9 RCPWF SUP Amendment Oil drop site and HHW (PENDlNG)\Ol-05-0S PC Report RCPWF SUP 2nd Amendment.doc Page 3 of9 1,524,600 square fcct. This rcsults in approximately 19% of the lot bcing covered by structure. . CC Criteria Approved SUP SUP Amendment (Square Feet) (%) (Square Fcet) (%) (Square Feet) (%) 609,840 40% Max 286,008 19% 286,208 19% 4. Floor Area Ratio - Code Requirement Met The floor area ratio is obtained by dividing the sum of a buildings floor area by the amount of the lot arca. The floor area ratio (FAR) cannot exceed 0.8 for the CC: Civic Ccnter District. The FAR for this project is 0.19 (includes mezzanine area). CC Critcria I Approved SUP SUP Amendment (Square Feet) (%) (Square Feet) (%) (Squarc Feet) (%) 1,219,680 80% Max 286,008 19% 286,208 19% 5. Landscape Lot Area - Code Requirement Met The minimum amount of landscape lot area for the CC: Civic Center District is 20% of the . lot area. When the Spccial Use Permit was previously amended the total landscape area was listed as 521,413 square feet. Calculations for impervious surface and landscape lot area included both impervious and landscape areas within thc private access roads adjacent to the property (the extension of Hamline Avenuc to the north, and Ben Franklin Avenuc to the west). The proposed SUP amendment shows a reduction of 12,610 square feet of landscape area. Based on the reduction from the previous number the proposed SUP amendment would leave the sitc with a landscape lot arca of approximately 33 percent. CC Criteria Approved SUP SUP Amendment (Square Feet) (%) (Square Feet) (%) (Square Feel) (%) 304,920 20% Min 521,413 34% 508,803 33% 6. Parking. - No Significant Change from sUP The proposed used oil and household hazardous waste sitc would not impact any existing parking areas. Pcople using the used oil sitc would likely park adjacent to the used oil \\Earlh\Planning\Planning Cascs\2004\04-19 Rcpwr SUP Amendment Oil drop site and HHW (PENDING)\Ol-05-05 PC Report RCPWF SUP . 2nd Amendment.doc Page 4 of9 . building? Users of the HHW site would have sufficient queue space and would only be parked momentarily. 7. Screening - Appears Consistent with Code Requirement. Currently there are Black Hills Spruce coniferous trees which surround the "yard" area of the property. The proposed SUP amendment would relocate 8 of these trees in the area proposed for the site to be relocated to the north of the used oil and HHW site. This new location would maintain the natural screening around thc "yard" area of the site. The proposed SUP amendment also calls for screening around the dumpster which would be located to the east of the used oil building. Thc drawings seem to include a wooden privacy fence which would shield the dumpster to the north and east, to thc west would be the proposed building, thcrc would be no screening to the south which faces the internal portion of the site. A wooden privacy fcnce or other similar screening would be prefcrablc to make sure that the dumpster was adequately screened from view. 8. Traffic, Access, and Circulation - Code Requirement Met. There should not be much impact to traffic patterns or to the access and circulation of the site. Thc proposed used oil and HHW collection site would be located out of the way at the far northwestern portion of the site. Typically the scasonal HHW sites are only open on . Fridays and Saturdays and only for a month or two. Most of the users of the HHW sites are likely to arrive on Saturdays when the Public Works Facility is not being used. The used oil collcction building is proposed to be open 24 hours and year round. Since the collection building will bc open all of the time, it is not likely to have much of a peak in the amount of traffic it would gcncrate (would likely come and go sporadically during the day and evening). Traffic on Ben Franklin is limited to vehicles visiting the Ramsey County facility and National Guard vehicles, so there should be limitcd traffic impact on that roadway. The National Guard did requcst that Ramsey County install certain road signs to minimize any potential impact on the safety and security oftheir operations. Overall thc traffic from the proposed used oil and HHW site should not interfere much with the operation of the Public Works Facility and should also not have much impact on traffic patterns at Highway 96 and Hamline Avenue. 9. Grading and Utilities - Code Requirement Met. The City Engineer has previously reviewcd the plans provided by the applicant and did not believe that the proposed SUP Amendmcnt would impact thc City of Arden Hills' utilities or infrastructure. 10. Lighting - Lighting plans not included in application materials . \\Earth\Planning\Planning Cases\2004\04-19 RCPWf SUP Amendment Oil drop site and HHW (PENDING)\OI-05-05 PC Report RCPWF SUP 2nd Arnendment.doc Page 5 of9 ! -------------- ----- One light pole and fixture have bccn proposed for the uscd oil and HHW collection site. . While specifics on the lighting were not included in the application materials, the lighting should comply with Arden Hills' ordinances and be hooded so that the light is only directed onto the subject property and directed away from adjoining lots or public streets. Another recommendation would be that the new light pole should match existing lighting on site to maintain a consistent character for the property. Any new lighting should also be rcviewed by the Building Official for approval. 11. Signage - Sign age plans not included in application materials While the elevations and renderings do show some signage, no signagc has been proposed with this application. Signage for this project would be processed through a Signage Permit and would need to bc within the maximum allowed signage in Signage District 6 (Signage Ordinance, Section 333.6, f) which allows for a maximum of 60 square feet of wall signage, 45 square fect of freestanding signage with a maximum height of 12 feet, and 6 square feet of wall mow1ted auxiliary signage and 6 square feet of freestanding auxiliary signage both with a maximum height of 6 feet. It is quite possible that the additional auxiliary signage necessary to direct people to the used oil and HHW site combined with any existing auxiliary signage would exceed the maximum allowed under the Sign Ordinance and would therefore require a Sign Standard Adjustment. There may bc some merit for a sign standard adjustment for auxiliary signage due to the size . of the property, the location of the propcrty, and the many potential users of the property. Following is the section of the Sign Ordinancc which discusses Sign Standard Adjustments: (Ordinance 333, Section 333.11) Sign Standard Adiustments. Adjustments to the requirements and standards for the height, number, type, lighting, area, or location of a sign or signs established by this ordinance may be approyed through the Site Plan Review process if the following qualifYing criteria of A of B, and the necessary criteria of C, are met: A. There are site conditions which require a sign adjustment to allow the sign to be reasonably visible from a street immediately adjacent to the site; Or B. The sign adjustment will allow a sign of exceptional dcsign or a style that will enhance the area or that is more consistent with the architecture and design of the site; And, after finding positively on condition A or B above, C. The sign adjustment will not result in a sign that is inconsistent with the purpose of the zoning district in which the property is located. The applicant should provide staff with the dimensions for existing auxiliary signage as well as any proposed auxiliary signage for the uscd oil and HHW site. \\Earth\Planning\Planning Cases\2004\04-19 RCPWF SUP Amendment Oil drop site and HHW (PENDING)\OI-05-05 PC Report RCPWl-" SUP . 2nd Amendment.doc Page 60f9 . 12. Special Use Permit Analysis - Finding Required The Planning Commission and City Council approved the use ofthc property for a public works facility in 2003. Thc Planning Commission should review the proposcd use and determine if the use, use mix, location, and relationship with surrounding uses is compatible and complcmcntary. Section 8, D, 3, b of the Arden Hills Zoning Ordinance states the City Council and Planning Commission: " ...shall consider the effect of the proposed use upon the health, safety, convenience and general welfare of the owners and occupants of surrounding land, in particular, and the community as a whole, in general, including but not limited to the following factors: existing and anticipated traffic and parking conditions; noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, and other nuisance characteristics; drainage; population density; visual and land use compatibility with uses and structures on surrounding land; adjoining land values; park dedications where applicable, and the orderly development of the neighborhood and the City within the general purpose and intent of this ordinance and the Comprehensive Development Plan for the City. " . Thc Planning Commission must make a finding as to whethcr or not the proposed amcndment to the Special Use Permit would adversely affect the surrounding neighborhood and larger community as per the aforementioned factors. 13. Plan Review Comments A. Since the proposed building is larger than 120 square fcct a Building Permit would be required prior to the building being constructed. Building Permit Plans shall be submitted to the Building Official a minimum of two (2) weeks before the planned start of construction. B. No construction shall begin before plans are approved by the City of Arden Hills' Building OfficiaL C. Scrcening to surround the dumpstcr, east of the used oil collection building, should be constructed of wood or another opaquc material such that the dumpster is adequately screened. Screcning fence should be constructed with the "facc" of the fence toward the outside. D. The used oil building should bc of colors consistent with the surrounding buildings on the Ramsey County Public Works Facility site. E. The coniferous tress to be removcd for the used oil and HHW site should be located to the north or east of the site to provide screening of the "yard" area of thc public works facility. The location north of the used oil collection building would also provide screening of the building. . \\Earth\Planning\Planning Cases\2004\04-] 9 RCPWF SUP Amendment Oil drop site and HHW (PENDlNG)\O 1-05-05 PC Report RCPWF SUP 2nd Amendment-doc Page 70f9 F. Any proposed lighting should be hooded to conceal the lighting source and shall be consistent with the Arden l-lills regulations for lighting. Any new lighting should be . rcvicwcd by the Building Official for approval. G. Grading and drainage plans should be reviewed by Ricc Creek Watershed District and the applicant should receive any necessary pcrmits from RCWD prior to the issuancc of a building or zoning permit. H. Plans for auxiliary sign age should be submitted to the City Planner for review. Any adjustments to the sign standards established in the Arden Hills Sign Ordinance would require the review and approval of the Arden Hills City Council. Staff Recommendation In Planning Case #04-19 staffrecommends denial of the Special Use Permit (Second) Amendment and Sitc Plan Review after making the following two findings: 1. Detailed plans for the proposed used oil building havc not been submitted; therefore the Planning Commission is being asked to approve a building without having sufficient detail in regard to the exact size, location, and appearance of thc proposed building. 2. Proposed exterior matcrials do not meet those outlined in thc Civic Center District rcquirements. Options 1. Rccommend approval as submitted. . 2. Recommend approval with conditions. 3. Recommend denial with reasons for denial. If the City denies the petitioners request, "...it must state in writing the reasons for thc denial at the time it denies the request." 4. Table for additional information. Deadline for Al!ency Actions The City of Arden Hills received the completed application for this request on November I, 2004 Pursuant to Minnesota State Statue, the City must act on this request by January 2,2005 (60 days), unless thc city provides the petitioner with written reasons for and additional 60 day review period. Thc City may with the petitioners' consent extend the review period beyond the 120 days. On December 20, 2004 City Staff informed the applicant in writing that an additional 60 day revicw period would be necessary. Extension of the review period to 120 days allows thc City until March 1. 2004 to act on this request. This extension establishes the maximum amount of time that the City can take to review the request without requesting an additional extension from the applicant. \\Earth\Planning\Planning Cases\2004\04-19 RCPWF SUP Amendment Oil drop site and HHW (PENDING)\Ol-05-05 PC Rep0l1 RCPWF SUP . 2nd Amendment.doc Page 8 of9 .. . Resident Comments Staff has not received any letters, e-mails, or calls from residents in regard to this planning case. Attachments 5a-l Location Map, Aerial Map, other supporting documcnts 5a-2 Revised Plans and statement submitted by the applicant. 5a-3 Planning Commission Minute Exccrpt -- December 1,2004 5a,,1 Planning Case #04-19 Staff Report - Decembcr 1, 2004 (no attachments) . . \\Earth\Planning\Planning Cases\2004\04-19 RCPWF SUP Amendment Oil drop site and HHW (PENDING)\OI-05-05 PC Report RCPWF SUP 2nd Amendment.doc Page 9 0[9 __n____ Planning Commission Meeting January 5, 2005 . Planning Commission Attachment SA - 1 . . ~ ) \, v <:1z .. 0 l"_ ~ -.. 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'10 '<<? 0(, . ~. .' :.. -, 'It- Y~rl' c\ll -L J ~B I<c$", .J ~ ~r~ ~-' J. ~ dI\-- _ _ _ '~""-' I f..., l -:1 L .~""u. +1 ~ i!D ~B W~ ~ 11 h ~ ',1,. h'"_ ! 'II I 'A -- '0 , I I' / ,.... ' -... "' I" " '_ " , ,"" ! -.j i I:. . Planning Commission Meeting January 5, 2005 Planning Commission . Attachment SA - 2 . Description of Request (attachment to 2004 Land Use Application) . Revised December 29, 2004 Summary Ramsey County requests approval of a used oil collection facility and a seasonal household hazardous waste collection site at the new Public Works facility in Arden Hills. Both economic and environmental benefits to County residents will result from the combined used oil and seasonal HHW facility. The proposed facility would be consistent with thc functions and opcrations of the existing Public Works facility. The site plan and operations of the proposed facility are appropriate to the site, neighborhood and surrounding land use. Information in support of this request is provided below for the City's consideration, including additional information requested by the Planning Commission at its December 1, 2004 meeting Background Public Works has operated a public used oil and filter collection facility at its former Shoreview location for many years. The Department of Public Health is seeking to construct a new seasonal collection site for household hazardous waste (HHW) collocated with the Public Works' proposed used oil and oil filter collection facility. This seasonal HHW site would replace the seasonal site currently located in the parking lot of the Ramsey County ice arena in Shoreview (Victoria St. at Hwy. 96), which has been in service since 2000. That site was installed to provide convenient HHW services to residents of northwestern Ramsey County following the closure of the Mounds View year-round HHW facility that accompanied the County Board's selection of Bay West, Inc. as HHW vendor in late 1999. The year-round HHW facility is now located at Bay West's . corporate headquarters at 5 Empire Drive in St. Paul. The current used oil collection facility provides several benefits: I) It reduces the amount of used oil that is collected at the County's Household Hazardous Waste (HHW) collection sites, and is a less expensive way to manage used oil generated by the public. The previous facility collected more than 40,000 gallons of us cd oil annually. 2) The facility is part of the County's National Pollution Discharge Elimination System (NPDES) permit storm water pollution prevention program to reduce illegal dumping into its storm sewer system. 3) The facility benefits citizens by providing a reliable used oil and filter disposal location at no cost to the user. The Shoreview HHW seasonal collection site has so far fulfilled its goal to provide convenient HHW services to residents of northwestern Ramsey County, having served over 9,100 households during the four years since opening. The site operates in accordance with a conditional use permit granted by the City of Shore view. That permit expires in June of2005, and includes a condition stating that "If the County relocates their Public Works facility to the Twin Cities Army Ammunition Plant (TCAAP) property in Arden Hills, the household hazardous waste facility shall be moved to that site." The St. Paul-Ramsey County Department of Public Health completed its ninth recycling survey during July and August 2004. The 10-minute telephone survey included 600 residents from Ramsey County (4% margin of error). The survey results showed use ofHHW sites increased from 1999 to 2004, with 56% of respondents in 2004 reporting use of a site. . I . Used Motor Oil Management in Minnesota Minnesota law prohibits the disposal of used motor oil in municipal solid waste (MSW) or on the land or waters of the State, and prohibits the disposal of used oil filters in MSW. In a rcport published in 1999, the Minnesota Pollution Control Agency (MPCA) estimated that about half of all motorists changed their own engine oil and filter. Of the waste these do-it-yourselfers generated, about 69% of the used oil was recovered for recycling, and only about 20% of the used oil filters were recycled. (The 2004 County recycling survey also highlighted an important hazardous waste disposal issuc related to used oil filters; 19% of oil changing residents still throw their oil filters in the trash.) Based on the MPCA's findings, the State in 2000 enacted additional laws that required motor oil and filter manufacturers and retailers to establish a collection system for these wastes. The system must include some sites that provide free disposal of non-commercial used oil and filters. At this time Jiffy Lube is the only major retail outlet that continues to accept up to five gallons of used oil and five oil filters free from the public. Jiffy Lube offers this service as a courtesy; they are not required by law to do so. Many other automotive service stations, new car dealers, and auto parts stores will continue to accept used motor oil, and most will not charge a fee. Those that accept used oil filters will charge about $1 to $3 per filter. (The 2004 County recycling survey results showed 40% of oil changers dispose of used oil at service stations; 22% at HHW sites; and 18% at collection centers.) Providing public drop-off sites is a necessary part of Ramsey County's system . to assure that waste is managed in an environmentally responsible manner. Proposed Site Description and Operation The proposed combined used oil and seasonal HHW collection facility would be located in the northwest comer of the Public Works facility parcel, just east of the existing fuel pump station. The existing fence along the east side of the entrance would be moved further to the east to accommodate the proposed additional paved surface (65 feet by 194 feet). The existing entrance off Ben Franklin Avenue would be utilized. Vehicle queue capacity is at least 20 vehicles. Site work would include installation of aggregate base material, bituminous pavement, one light pole and fixture, concrete pads for HHW and used oil collection activities, construction of an enclosed structure, and replacement of trees and fencing. Used Oil and Filter Collection The proposed used oil and filter collection facility would be open continuously. This operation schedule was discussed at the December I Planning Commission meeting. Ramsey County has had about 30 years of experience with its existing used oil collection facility located at the old public works facility in Shoreview. There have been no significant issues or problems related to improper disposal or dumping during this period of operation. Weekend and evening operation of the site is considered essential because these are the times residents are most likely to use the facility. Some residents who are confronted with a closed facility may leave the material on-site or, in frustration, dispose of the material improperly. In addition, County Public Works does not . have year-round weekend or evening staffing to open and close the site on a routine schedule. Security considerations were discussed at the December 1, 2004 Planning Commission meeting. Ben Franklin Avenue is a public road that dead ends ncar the proposed used oil collection facility 2 -- -- and the adjacent County refueling station. The County Sheriffs Patrol Station is co-located with . the Public Works facility and patrolling deputies provide a general security presence in the area of the station and the refueling station at all times of the day. The County would evaluate the need for increased patrols should unexpected security problems develop. The Public Works facility also has an existing security camera for the refueling area and system capacity to add additional cameras. The County would evaluate the need to add an additional security camera for the used oil collection area, and would, at a minimum, install any required connections to the system to accommodate a future camera at the time of construction. The proposal also includes the addition of a light pole and fixture. Continuous lighting would be provided inside of the oil collection structure. The proposed used oil and filter collection facility would consist of an underground 4,000-gallon double-wall fiberglass tank with all monitoring equipment (e.g. leak detection) required by law and a structure housing the used oil and filter collection area. The structure would have a concrete floor, and contain a "sink" for emptying used oil containers into the tank with spill containment, and floor space for approximately six 55-gallon metal drums for used oil filters. A secure storage area would be included within the structurc for temporary collection of any household hazardous waste materials left inappropriately at the used oil collection facility. A dumpster for empty oil containers would be spotted next to the structure. Fence screening will be provided for the dumpster. The used oil collection tank and used oil filter containers would be emptied by a commercial vendor as needed and the dumpster emptied on a regular schedule. Public Works staff would provide daily site maintenance. The used oil collection structure would be 10 foot by 20 foot in size and have walls on all sides to . minimize exposure to precipitation. The concrete pad would be 10 foot by 30 foot to accommodate the used oil collection structure and a 10 foot by 10 foot dumpster pad area. A two- foot roof overhang would be present on all four sides. The side facing the Public Works main facility (side away from Ben Franklin Avenue) would have a 9-foot wide overhead door and a 3 foot wide steel service door. The overhead door would be open continuously for residents to access the oil disposal spout and used oil filter drums. The overhead door would be lockable should the need arise to close the oil collection facility. The service door would access the temporary household hazardous waste storage area and would be locked at all times. The County is requesting for the used oil collection structure a variance to the material requirement for the Civic Center District, which identi fics the use of metal for trim only. The size and function of the structure appear to be consistent with a metal structure (including sides and roof). In response to discussion from the December I Planning Commission meeting, the County proposes to improve the aesthetic appearance of the building by adding Wainscoting (to a height of about 3.5 feet) consisting of mortar less brick on each side of the structure. In addition, if required by the City, a shingle roof may also be used to improve the building's aesthetic appearance. The color ofthe metal structure would be consistent with the tan with black trim color of the main Public Works facility structure. After approval of the amended SUP by the City of Arden Hills, City ofSt. Paul and Ramsey County Contract Services would incorporate the structure design characteristics, as summarized above, into a bid package distributed to vendors. Once a contract is executed between the County and the successful vendor, specific design drawings for the structure would be provided to Arden Hills. The County requests that this . process be authorized as a condition to this Amended SUP application. 3 . The planting plan for the used oil collection site includes re-planting eight spruce trees currently located along the cast side of the Public Works facility's northwest driveway entrance. The trees would provide screening along the north side of the used oil collection structure facing Ben Franklin Avenue. Seasonal HHW Collcction The proposed seasonal HHW collection site would be similar to the five seasonal sites located and operating elsewhere in the County. The HHW site would operate for one or more one-month periods each year (the Shoreview HHW site operated during May in 2004) on Fridays from 10 am to 6 pm and Saturdays from 9 am to 4 pm. It would contain a concrete pad where HHW is removed from vehicles and technicians would consolidate certain liquid wastes (flammable liquids, used antifreeze) into 55-gallon drums. As with other seasonal sites, all waste collected would be removed from the site at the end ofthe operating day and shipped to the year-round HHW facility located at Bay West, Inc. in St. Paul. Permanent signs would be installed along Highway 96, Hamline Ave., and Ben Franklin A venue for the used oil ard lilter collection facility. Temporary signs would be displayed for the seasonal HHW collection facility only on site operating days during the month of operation and up to one month afterwards. A flyer box would be installed at the used oil site to contain HHW site information. . Assessment of Potential Impacts The used oil collcction facility would include a raised metal grate flooring around the input spout to contain any spilled oil. The HHW site concrete pad is constructed to provide a spill containment volume. At their December 1, 2004 meeting, the Arden Hills Planning Commission requested a letter of support for the combined seasonal HHW and used oil collection facility from the MN Army National Guard. Keith Ferdon, Training Area Coordinator, in a letter datcd December 9,2004, states that the proposed facility "will not hinder nor jeopardize the security of the Arden Hills Army Training Site", but requested the County install appropriate street signage along Hamline and Ben Franklin A venue to assist residents. Since receipt of the letter, the County has installed a "Stop" sign on the Army's south Hamline gate as well as "Stop Ahead" and "Stop" signs where Ben Franklin A venue ends. The County would also install signs stating "Military Vehicles Crossing" on Ben Frarklin Avcnue following construction of the combined seasonal HHW and used oil collection facility. Storm water Runoff The project would increase the impervious surface on the Public Works site by 12,610 square fcet (0.29 acres), including the used oil structure (200 square feet). Stormwaterrunoffwould be directed to an existing storm sewer pipe and then to the existing water quality pond immediately . north across Ben Franklin Avenue. 4 Updated Site Characteristics . Existing Proposed Change Site area 1,524,600 sq. ft. (35.00 ac) no change Building area 286,008 sq. ft. + 200 sq. ft. Driveways, etc. 871,072 + 12,410 sq. ft. Total impervious 1,157,080 sq. ft. + 12,610 sq. ft. . . 5 . ~ .~ t) . g ~. ~ ~ cO ~ '. III tIl " "" "'" .s t> ..<:l " =. > ~ - i' o 0 ~ E " " , :> " i3 <=I" " ~> t Q oS . :2 > W. t :;:) -.c 2. " .lil 0 ........ ~ 0 "C~ 08 ~ CIlD.. t) " " o. am , o - 0 .~ ~c ~~ , o , . 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"d . ...-< ....... ;j ~ (]) ...-< a cd lf1 b1) Q ....... +-> 0 ~ () 0 rJ:J 0 Q '" ....... co H cd !:::: ~ ..... o'd "d ...... ..... ;:l b1) ~ i:Q Q () 1-< ....... ....... v ...... "d H '" .i:J v ....... .....:l 1ZJ ...-< cd I (]) (]) ;:.- '" . u (]) 0 0 ...... ~ +-> Z 0 ~ 1ZJ ...c: ~ 0 . . STATE OF MINNESOTA, DEPARTMENT OF MILITARY AFFAIRS MINNESOTA ARMY NATIONAL GUARD OFFICE OF THE POST COMMANDER . 15000 HIGHWAY 115, CAMP RIPLEY LITTLE FALLS, MINNESOTA 56345-4173 December 9, 2004 Camp Ripley Maneuver Training Center Mr. Terry Noonan Ramsey County Planning Commissioner Dear Mr. Noonan: . .,... '.,. This letter is to let you know tha,t the Ramsey County HHW site will not hinder, nor jeopardize the security of the Arden Hills Army Training Site (AHA TS) provided certain measures are taken by Ramsey County. Because the HHW site will be accessible to all residents or Ramsey County, most of whom are not familiar with the Ramsey County maintenance Facility, we request Ramsey County install the following SigIlage: a. Proper street signs on the Hamline/Ben Franklin intersection. . b. A "Dead End" sign just north of the Hamline/96 intersection. c. An arrow sign on or near the south HariJ1ine gate, directing traffic onto Ben Franklin. d. A "Stop Ahead" sign south of the Hamline Gate e. A stop sign on the south Hamline Gate. . H_ . We appreciate your concern for our operations and training at the AHATS site. If you have any questions or concerns on this issue, feel free to contact me at (320)632-7094 or keith.ferdon(al,rnn.ngb.armv.mil 'Bineerely, ~~----~ KEITH R. FERDON CPT, EN, MNARNG Training Area Coordinator .. . AN EQUALOPPORTIJNITY EMPLOYER . Planning Commission Meeting January 5, 2005 Planning Commission . Attachment SA - 3 . -- DRAFT MINUTES CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION . WEDNESDAY, DECEMBER 1, 2004 7:00 P,M. - ARDEN HILLS CITY HALL CALL TO ORDER Chair Sand called the meeting to order at 7:06 p.m. ROLL CALl. Present were Commissioners Clayton Larson, Elizabeth Modesette, Megan Ricke, Fran Holmes, Clayton Zimmerman, and Chair David Sand. Absent: Commissioner Ken Bezdicek. Also present were Council Member Lois Rem; Community Development Director Scott Clark; City Planner Peter Hellegers; and Recording Secretary Kathleen Altman. A. APPROVAL OF MINUTES FROM PLANNING COMMISSION MEETING HELD ON OCTOBER 20, 2004. Commissioner Zimmerman moved, seconded by Commissioner Larson to approve the . October 20, 2004 minutes as presented. The motion carried unanimously (6-0). PUBLIC HEARINGS A. PLANNING CASE #04-19 - RAMSEY COUNTY, 1425 PAUL KIRKWOLD DRIVE; SPECIAL USE PERMIT AMENDMENT TO ALLOW FOR THE INSTALLATION OF A YEAR-ROUND USED OIL AND SEASONAL HOUSEHOLD HAZARDOUS WASTE COLLECTION SITE AT THE NORTHWEST PORTION OF THEIR PUBLIC WORKS FACILITY GROUNDS Chair Sand opened the public hearing at 7:08 p.m. Mr. Hellegers stated applicants were requesting a Special Use Permit (2Hd) Amendment to allow for installation of a year-round used oil collection site and a seasonal Household Hazardous Waste collection site at the northwest comer of applicant's property. Mr. Hellegers reviewed the background and sit plan information and noted staff had not received any letters, e-mails, or calls from residents in regard to this planning case. Staffrecommended approval based on the following conditions: . I. The applicant shall continue to abide by the conditions of approval as stated in the approved Special use Permit except as amended by the two subsequent amendments. ARDEN HILLS PLANNING COMMISSION - December 1,2004 2 . 2. A Special use Permit Amendment form, drafted by the City Attorney, shall amend the SUP and include the two amendments to the Special Use Permit. The SUP Amendment form shall reference the proposed revision to the Site Plan from Planning Case #04-19. Building permits may only be issued after the SUP Amendment document receives the approval of the City Council and is executed by both the City Council and the applicant. 3. Screening to surround the dumpster, east of the used oil collection building, should be constructed of wood or another opaque material such that the dumpster is adequately screened. 4. The used oil building should be of colors consistent with the surrounding buildings on the Ramsey County Public Warks Facility site. Commissioner Modesette asked how the stormwater was going to be managed in this new area. Mr. Hellegers replied there would be drainage to the north where there was an existing stormwater drainage area. Commissioner Zimmerman stated at a previous meeting it was noted this was not going to be a 24-hour facility, and now they were asking for a 24-hour facility. He expressed . concern about the size of this proposed location. He also noted that this waste facility was not a part of the SUP process. He asked how they could control hazardous waste being dropped off if this was a 24-hour facility. Mr. Hellegers replied Commissioner Zimmerman was accurate when he said this was not a part of the original SUP process. With respect to a 24-hour facility, one of the concerns before was that Ramsey County did not want the waste site within their security fence, but where it was being proposed now, it would not be within the security fence. Commissioner Zimmerman asked why the Special Use Permit was attached to their handout when it had not been presented to the Planning Commission and the City Council. Mr. Hellegers replied the Special Use Permit was a draft document and it would need to go through the entire process before it was approved and signed. Chair Sand expressed concern that they were being asked to approve this in isolation. He stated they were being asked to consider how particular uses were not only going to impact this facility, but how it would impact the entire TCAAP facility. He indicated they needed to consider the large picture. He stated he could not recommend this for that reason as well as the facility not meeting aesthetic requirements as noted in staffs report. He stated there were many negatives to this proposal. He expressed concern about this being a 24-hour operation. He noted even though this was an isolated area now, it might not be an isolated area in five years. He stated he was upset the County simply expected this to be approved. . Commissioner Ricke asked what problems the County had at the exiting facility with respect to spillage and hazardous waste being dropped off. She suggested having a security camera in that area, as well as limiting the hours. She noted it was important to have this type of a facility for the environment. ARDEN HILLS PLANNING COMMISSION - December 1, 2004 3 Chair Sand invited anyone for or against the variance to come forward and make . comment. Terry Noonan, Environmental Services Section of the Ramsey County Public Works Department, stated this program was a joint effort between Public Works and the Environmental Health Department. He stated the Shoreview used oil site was an open facility and their experience was occasionally they did get things they did not want there, but the vast majority of the people using the site used it properly. He stated the drums at the Shorcview facility were for used oil filters, and this facility was both a used oil filter and used oil facility. He stated there was a benefit to having a site available 24 hours a day, seven days a week. Hc noted with this proposal, the Sheriffs Department was already on site and they expected there would be little problems with the new facility. He stated there would be security cameras on site as well as a Sheriff s patrol presence. Commissioner Ricke asked if there were State rulcs in effect if there was some spill or leak. Mr. Noonan replied any hazardous material left was stored temporarily and then taken to a household hazardous waste facility for disposal. He indicated they did not get much hazardous waste left, but it did happen occasionally. He stated this new proposal would allow a storage area for this hazardous waste confined in a building. He indicated there were State requirements that dealt with hazardous waste spills. Commissioner Ricke asked if their historical experience had been that there had not been a problem with people dumping or spilling their used oil. Mr. Noonan replied one of the . advantages of this proposal was that it was a covered facility. He stated the current facility was not covered and therefore, there was some spillage. He noted with a covered facility they were able to isolate the facility from the environmental elements. He stated the new system would have raised metal grates, which would not become slippery, as the current facilities metal grates had. He stated the new facility would look much cleaner than the current facility. Commissioner Ricke asked if there was a trend of expanding the collection of hazardous materials, such as computers and other items that people cannot easily dispose of. Mr. Noonan replied the County would probably do what was allowed by the City, but they would not do anything not allowed by the City. I Joe Wozniak, Ramsey County Environmental Specialist, replied they looked at this as a , , , "foot in the door". He stated they would not get involved in consumer electronics because of the size and weight of those materials. He stated they had been collecting the same types of materials at their sites for years and he did not believe they would expand on their collection efforts. Commissioner Zimmerman stated there was a benefit of having a hazardous waste collection facility, but he was concerned about the 24-hour a day operation. He noted there were would be no control and that was a concern for him. He indicated there were other used oil sites in the area. He asked why should Arden Hills/Ramsey County be in . the used oil collection business in a future residential area, and why should they open themselves up to that kind of exposure 24-hours a day, seven days a week. He stated he did not want to give people access 24-hours a day to drop off used oil, unless the facility was controlled and monitored. He noted people could store their used oil and drop everything at the same time under a controlled process. ARDEN HILLS PLANNING COMMISSION - December I, 2004 4 . Commissioner Larson asked why it was necessary to have this open 24-hour a day, seven days a week. Mr. Noonan replied it was their experience that people would be dropping things off 24-hours a day, whether it was a controlled facility or not. Commissioner Larson asked how much traffic volume they expected. Mr. Noonan replied they collected 40,000 gallons of oil a year, with the average customer bringing in 5 gallons, which would be approximately 800 trips a year. Commissioner Larson asked how the Army National Guard felt about this proposal. He stated it was important the National Guard approved of this site for security reasons. He indicated this would put a lot of traffic on a road that was not anticipated to be used for that. He believed the National Guard should be allowed to comment on this. Mr. Noonan replied the National Guard was represented at a meeting last week and the traffic issue had been discussed. He stated the National Guard did not believe this would be an issue and they did not have any objections to this proposal. Commissioner Larson requested the National Guard inform the City in writing that they were in agreement with this facility and did not have any issues with the increased traffic. Chair Sand asked what kind of a structure they were proposing at this new facility. He . noted they did not have a drawing or schematic of the facility. He requested the Commission get a sample ofthc actual materials to be used for this structure as well as a drawing of the actual structure. He indicated he believed this was an incomplete application. Chair Sand closed the public hearing at 7:47 p.m. Commissioner Ricke stated she would be interested in tabling this item for the additional information requested by the Commissioners. She stated a facility like this was essential in the community and that she would rather have residents bringing their waste to a facility like this, but there were still concerns the Commissioners had and that was the reason she would like to see this tabled. Mr. Noonan replied the County would be willing to provide any information the Commission desired. He stated if there was any specific information the Commission wanted, they could let them know. He stated it would be a big help to them if they not spend time on designing the building, if this application would not be considered by the Commission. He stated they were planning on putting in a steel building with the colors to match the existing facility. He noted steel buildings were durable and if needed, panels could be replaced. He stated they would have a least one overhead door with a security door and the panels would be translucent. He noted this building would be similar to a garage, but probably smaller. He stated the building was almost like a machine shed and would not be heated or insulated. Commissioner Modesette asked how the overhead door would work for a 24-hour . facility. Mr. Noonan replied they would need to have some instructions as to what to do, but they had not discussed the specifics at this point. Chair Sand stated he would also like additional information on landscaping and buffering, including a planting plan. Mr. Noonan replied they had submitted a supplemental plan that showed where the trees were located. --- -- ----- ARDEN HILLS PLANNING COMMISSION - December 1, 2004 5 Chair Sand stated they did not have that new supplemental plan. Mr. Hellegers replied . the plan camc in after the Commissioner's materials were prepared. Chair Modesette sated she was vcry much in favor of managing hazardous waste and as long as this was managed, she was not neccssarily in opposition to a 24-hour facility. Chair Sand moved, seconded by Commissioner Larson to table the Planning Case No. 04-19, Ramsey County, 1425 Paul Kirkwold Drive; Special Use Permit Amendment to allow for the installation of a year-round used oil and seasonal Household Hazardous Waste collection site at the northwestern potion oftheir Public Works Facility grounds to the January Planning Commission meeting pending receipt of additional information on the hours of operation for the facility, with consideration of whether the oil dumping area could be operated on a schedule that eliminated a 24-hour a day operation; that some definition be given to the nature of the structure; some written communication from the Army National Guard be submitted stating they had no concerns about security if a 24- hour facility was approved; and a submission of a planting/landscaping plan to screen this facility from the nortll. Commissioner Ricke stated she would no longer be on the Commission after this meeting, but she wanted the Council to note she would have voted in favor of this with the recommendations made by staff at tonight's meeting. The motion carried (5-1) (Commissioner Ricke). . UNFINISHED AND NEW BUSINESS A. PRESENTATION BY JOHN SHARDLOW OF DSU ON TCAAP PRELIMINARY FRAMEWORK PLAN Mr. Clark stated the TCAAP Master Planning Advisory Panel reviewed three concept plans and based on their comments DSU was able to establish a preferred concept. Building on that preferred concept, DSU was able to create the Preliminary Framework Plan, which shows potential arrangement of buildings, open spaces, and transportation routes. John Shardlow and Geoff Martin of DSU presented the TCAAP Preliminary Framework Plan to the Planning Commission. Commissioner Ricke asked if in the future light rail would ever be feasible in this area. Mr. Shardlow replied if there were to be light rail incorporated on 35W; it could be incorporated into the TCAAP area. Commissioner Zimmerman asked what the pnme revenue generators for this development were. Mr. Shardlow replied he believed there would have to be enough . critical mass established of all markets so that there was confidence established within the marketplace. He noted there would have to some of all of the types of development there. --..------ . Planning Commission Meeting January 5, 2005 . Planning Commission Attachment SA - 4 . ~ . ~HILLS MEMORANDUM DATE: December 1,2004 PC Agenda Item 4.A TO: Planning Commission FROM: Peter Hellegers, City Planncr SUBJECT: PC #04-19, Ramsey County Partners Public Works Facility, 1425 Paul Kirkwold Drive (Hamline Avenue and Highway 96) Special Use Permit (SUP) 2nd Amendment and Site Plan Review. Requested Action The applicant has requested a Special Use Permit (2nd) Amendment to allow for installation of a year-round used oil collection site and a seasonal Household Hazardous Waste collection site at the northwest comer of the applicant's property in Arden Hills. Backl!round . Surrounding Area North Public and Institutional CC: Civic Center District Institutional R-t: Single Family Residential Single Family Detached South Neighborhood Business District I N-B: Neighborhood Residential! Institutional/Vacant Business District I Communi Commercial East Public and Institutional CC: Civic Center District Institutional West Public and Institutional cc: Civic Center District Institutional Site Data 'Future Public and Institutional Institutional Zoning: CC: Civic Center District Lot Size: 35 acres (t,524,600 square feet) Toppgraphy: Moderate grade to the western part of the property Future Laud Use Public and Institutional \\Earth\Planning\Planning Cases\2004\04-19 RCP\VF SUP Amendment Oil drop site and HHW (PENDrNG)\12-01-04 PC Report RCPWF SUP . 2nd Amendment.doc Page 1 of9 --- ------ . Notice Notice was published in the Arden Hills/Shoreview Bulletin on Wednesday, November 17, 2004 and notice was prepared by the City and mailed to residents within three-hundred fifty (350) feet of the subject property. Recent Planning Cases The City has rcviewed the following requests for this property: Planning Request Comments CC Action Case 03-26 Special Use Permit Addition of Sheriffs Patrol 10/27/03 (A) Amendment Station to East side ofRCPWF - 03-08 Special Use Permit Ramsey County Partners Public 04/28/03 (A) Works Facility Overview The Ramsey County Partners Public Works Facility, RCPWF, was originally reviewed and approved through a Special Use Permit (SUP) by the Planning Commission and City Council in the spring 0 f 2003. In the fall of 2003 the SUP was amended to accommodate the Ramsey County Sheriffs p-atrol station addition to RCPWF. The Special Use Permit and subsequent . amendment allowed the uses and operation of the patrol station and public works facilities in the CC: Civic Center District subject to certain conditions. During the discussions for the original SUP, the plans had shown a used oil collection site at the southeast comer of site, approximately where the Sheriffs patrol station now sits. The Planning Commission recommended that the used oil collection site be removed from the plans and if the County wished to revisit the used oil collection that it return at a later date. Currently, Ramsey County has a used oil collection facility at the previous Public Works location in Shoreview. In addition, Ramsey County has operated a seasonal (Fridays and Saturdays in May) Household Hazardous Waste collection site at the Ramsey County Ice Arena parking lot in Shoreview. The seasonal HHW sites collect materials and load them on to contractors' trucks that then remove the materials from the site at the end of the day and transport the materials to the year-round HHW site in Saint Paul. The current seasonal HHW site in Shoreview operates under a Conditional Use Permit which expires in 2005. One of the conditions of the Conditional Use Permit states that if the Ramsey County Public Works facility is relocated to TCAAP that the HHW site should be relocated there as well. In light of the impending expiration of the Household Hazardous Waste site in Shoreview and the potential to have both thc used oil and HHW collection sites collocated at RCPWF, Ramsey County has filed an application for a second SUP amendment. The proposed uses appear to have sufficient dcmand from the northwest area of Ramsey County. For example the existing used oil site collccted 40,000 gallons of oil ammally and the existing seasonal HHW site served over . \\Emth\Planning\Planning Cases\2004\04-19 RCPWF SUP Amen.dment Oil drop site and HHW\12-01-04 PC Report RCPWF SUP 2nd Amendrncnt.doc Page 2 of9 j j 9, I 00 households in its 4 years of operation. The collocated site would provide area rcsidcnts . with a convenient and reliable place to dispose of used oil and other waste material instead of having to drive to Saint Paul. The proposed location would be at the northwestern end of the property and would be outside of the gated "yard" area of the property. Several directional signs would guide potcntial users to the correct location. As the sign ordinance only allows 6 square feet of auxiliary signage, the additional permancnt and temporary auxiliary signage would likely require consideration by Council. The applicant has indicated that approximately 18 additional square feet of auxiliary signage may be needed for signs at Hamline A venue and Highway 96 to direct people to the used oil and HHW collection site. The amount of additional impervious surface for thc used oil and seasonal Household Hazardous Waste site would be 13,585 square feet. This additional hard surface would push the total for the site to approximately 77% impervious surface. Site Plan Review The following analysis highlights some of the changes proposed in the Special Use Permit Amendment. 1. Zoning - Use not defined; Staging Area requirement conflicts with HHW site operation. The uses proposed in the amendmcnt to the Special Use Permit (SUP) include a used oil . collection building which would be open 24 hours a day for 365 days a year. Also included in the proposed SUP Amendmcnt is a seasonal Household Hazardous Waste (HHW) site which would likely operate during regular business hours on Fridays and Saturdays for one or more months. Neither of the uses fits exactly into any predetermined use on the Land Use Chart. However, both uses seem compatible with the adjacent "yard" area of the Ramsey CountylPartners Public Works Facility. The HHW collection area would most likely fall under the "staging area" listed in the Civic Center District but would require different time restrictions. Following is the text from the CC: Civic Center District regarding Allowable Uses: 1. Allowable Uses. Development within the CC District will include uses that are permitted and special uses on the Land Use Chart, Section 5. E., under the CC District. These uses must be consistent with the stated purposes of this district and the following development criteria: a. Uses. Uses as shown on Land Use Chart Section 5. E., under the CC District as permitted and special uses are allowed. Uses not expressly stated on the chart are not allowed, unless determined by the City Council that the use is similar to the allowed uses and that the use is in the best interest of the City and the CC District. In this case, the applicant must demonstrate to the satisfaction of the City that the proposed uses, lot sizes, height, use mix, location and relationship with other existing and proposed \\Farth\Planning\Planning Cases\1004\Q4-19 RCPWF SUP Amendment Oil drop site and HH\V\I 2-0] --04 PC Report RCP\VF SUP 2nd . Amendment.doc Page 3 of9 ; j , . uses are compatible and complementary both intemally and with adjacent uses, and meet the intent of the CC District purposes and the criteria for allowable uses. b. Staging Area. \Vith the exception of during a new construction period, stae:im! areas shall be free of such materials. equipment or vehicles at the ~Iose of each business day. Overnight. weekend or holidav storage is not permitted. Materials transfer is oermitted only for such activities necessary durine: the normal dav-to-dav business ooeration between the hours of 6:00 a.m. aud 6:00 D.m. Moudav through Fridav. c. Hazardous Materials. All hazardous materials used or stored on site are subject to the regulation of the State Fire and Building Code and the Minnesota Pollution Control Ageucy (MPCA). d. Internal Traffic Control. All buildings shall bc accessible to and from nearby public streets. City design review will include pedestrian, bicycle, transit and automotive circulation patterns and needs. 2. Aesthetics - Does Not Meet Requirement. The proposal calls for an area of impervious surface and one 450 square foot building to contain the used oil collection area. The proposed building would be of metal construction which is currently not permitted under the Civic Center District requirements. While the interest of the Civic Center District is to create an area of attractive public facilities, with the exception ofthe "face" of the complex facing Highway 96, the remainder of the building and accessory buildings have been constructed of pre-cast concrete or other materials not . specifically permitted in the CC District. The proposed used oil collection building should not be visible from Highway 96, only from the internal portion of the site or from the rear. Staff would suggest that the building colors be consistent and compatible with the remainder of the public works complex. 3. Lot Coverage - Code Requirement Met The CC: Civic Center District requires that no more than 40% of the lot be covered by structure. The proposed used oil building footprint is 450 square feet while the parcel is 1,524,600 square feet. This results in approximatcly 19% of the lot being covered by structure. A.pproved (Square Feet) (%) (Square Feet) (%) (Square Feet) (%) 609,840 40% Max 286,008 19% 286,458 19% 4. Floor Area Ratio - Code Requirement Met . \\Earth\Planning\Planning Cases\2004\04-19 RCPWF SUP Amendment Oil drop site and HH'v./\12-01-04 PC Report RCPWF SUP 2nd AmendmeTlt.doc Page 4 of9 ) The floor area ratio is obtained by dividing the sum of a buildings floor area by the amount of . the lot area. The floor area ratio (FAR) cannot exceed 0.8 for the CC: Civic Center District. The FAR for this project is 0.19 (includes mezzanine area). /Ap~~b~~isuP.. SUP AmendmeQt (Square Feet) (%) (Square Feet) (%) (Squarc Feet) (%) 1,219,680 80% Max 286,008 19% 286,458 19% 5. Landscape Lot Area - Code Requirement Met The minimum amount of landscape lot area for the CC: Civic Center District is 20% of the lot area. When the Special Use Permit was previously amended thc total landscape area was listed as 521,413 square feet. Calculations for impervious surface and landscape lot area included both impervious and landscape areas within the private access roads adjaccnt to the property (the extension of Hamline Avenue to the north, and Ben Franklin Avenue to the west). The proposed SUP amendment shows a reduction of 13,585 square feet of landscape area. Based on the reduction from the previous number the proposed SUP amendment would leave the site with a landscape lot area of approximately 33 percent. ""':,:."':'" r:-: SUP Ameridment}:'~' . (Square Feet) (%) (Square Feet) (%) (Square Feet) (%) 304,920 20% Min 521,413 34% 507,828 33% 6. Parking. - No Change from SUP The proposed used oil and household hazardous waste site would not impact any parking areas. People using the used oil site would likely park adjacent to the used oil building. Users of the HHW site would have sufficient queue space and would only be parked momentarily. 7. Screening - Appears Consistent with Code Requirement. Currently there are Black Hills Spruce coniferous trees which surround the "yard" area of the property. The proposed SUP amendment would relocate the trees in the area proposed for the site to be relocated to the north of the used oil and HHW site. This new location would maintain the natural screening around the "yard" area of the site. The proposed SUP amendment also calls for screening around the dumpster which would be located to the east of the used oil building. A wooden privacy fence or other similar screening would be \\Earth\Planning\Planning Cases\2004\04-19 RCPWF SUP Amendment Oil drop site- and HH\V\12-01-04 PC Repon RCP\Vr SUP 2nd . Amendmentdoc Page 50f9 , , , . preferable to make sure that the dumpster was adequately screened from view. If the fencing proposed is a chain-link fence, Civic Center requirements state that the fence shall have either a black or dark green vinyl coating. 8. Traffic, Access, and Circulation - Code Requirement Met. There should not be much impact to traffic patterns or to the access and circulation of the site. The proposcd used oil and HHW collection site would be located out of the way at the far northwestern portion ofthe site. Typically the seasonal HHW sites are only open on Fridays and Saturdays and only for a month or two. Most ofthe users of the HHW sites arc likely to arrive on Saturdays when the Public Works Facility is not being used. The used oil collection building is proposed to be open 24 hours and year round. Since the collection building will be open all of the time, it is not likely to have much of a peak in the amount of traffic it would generate (would likely come and go sporadically during the day and evening). Overall the traffic from the proposed used oil and HHW site should not interfere much with the operation of the Public Works Facility and should also not have much impact on traffic patterns at Highway 96 and Hamline Avenue. 9. Grading and Utilities ~ Code Requirement Met. The City Engineer has reviewed the plans provided by the applicant and did not believe that . the proposed SUP Amendment would impact the City of Arden Hills' utilities or infrastructure. 10. Ughting - Lighting plans not included in application materials One light pole and fixture have bccn proposed for the used oil and HHW collection site. While specifics on the lighting were not included in the application materials, the lighting should comply with Arden Hills' ordinances and be hooded so that the light is only directed onto the subject property and directed away from adjoining lots or public streets. Any new lighting should also be reviewed by the Building Official for approval. 11. Sign age ~ Sign age plans not included in application materials While the elevations and renderings do show some signage, no signage has been proposed with this application. Signage for this project would be processed through a Signage Permit and would need to be within the maximum allowed signage in Signage District 6 (Signage Ordinance, Section 333.6, f) which allows for a maximum of 60 square feet of wall signage, 45 square feet of freestanding signage with a maximum height of 12 feet, and 6 square feet of wall mounted auxiliary signage and 6 square feet of freestanding auxiliary signage both with a maximum height of6 feet. . \\Earth\Planning\Planning Cases\2004\04-19 RCPWF SUP Amendment Oil drop site ::md HHW\12-01-04 PC Report RCPWf SUP 2nd Amendmcnl.doc Page 60f9 , j It is quite possible that thc additional auxiliary signage necessary to direct people to the used . oil and HHW site combined with any existing auxiliary signage would exceed the maximum allowed under the Sign Ordinance and would thcrefore require a Sign Standard Adjustment. There may be some merit for a sign standard adjustment for auxiliary signage due to the size of the property, the location of the property, and the many potential users of the property. Following is thc section of the Sign Ordinance which discusses Sign Standard Adjustments: (Ordinance 333, Scction 333.11) Sign Standard Adjustments. Adjustments to the requirements and standards for the height, number, type, lighting, area, or location of a sign or signs established by this ordinance may be approvcd through thc Site Plan Review process if the following qualifying criteria of A of B, and the necessary criteria of C, are met: A. There are site conditions which require a sign adjustment to allow the sign to be reasonably visible from a street immediately adjacent to the site; Or B. The sign adjustment will allow a sign of exceptional design or a style that will enhance the area or that is more consistent with the architecture and design of the site; And, after finding positively on condition A or B above, C. The sign adjustment will not rcsult in a sign that is inconsistent with the purpose of the zoning district in which the property is located. The applicant should provide staff with the dimensions for existing auxiliary signage as well . as any proposed auxiliary signage for the used oil and HHW site. 12. Special Use Permit Analysis - Finding Required The Planning Commission and City Council approved the use ofthe property for a public works facility in 2003. While a used oil and seasonal household hazardous waste collection site does not exactly fit into the predefincd uses listed in the Zoning Ordinance, it makes sense to have such a use at the county public works facility. The Planning Commission should review the proposed use and determine if the use, use mix, location, and relationship with surrounding uses is compatible and complementary. Section 8, D, 3, b of the Arden Hills Zoning Ordinance states the City Council and Planning Commission: "...shall consider the effect of the proposed use upon the health, safety, convenience and general welfare of the owners and occupants of surrounding land, in particular, and the community as a whole, in general, including but not limited to the following factors: existing and anticipated traffic and parking conditions; noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, and other nuisance characteristics; \\Earth\Planning\Planning Cases\2004\04-19 RCPWF SUP Amendment Oil drop site and (-lHW\12-0l-04 PC Report RCPWF SUP 2nd . Amendment.doc Page 70f9 . drainage; population density; visual and land use compatibility with uses and structures on surrounding land; adjoining land values; park dedications where applicable, and the orderly development of the neighborhood and the City within the general purpose and intent of this ordinance and the Comprehensive Development Plan for the City. " The Plmming Commission must make a finding as to whether or not the proposed amendment to the Special Use Permit would adversely affect the surrounding neighborhood and larger community as per the aforementioned factors. 13. Plan Review Comments A. Building Permit Plans shall be submitted to the Building Official a minimum of two (2) weeks before the planned start of construction. B. No construction shall begin before plans are approved by the City of Arden Hills' Building Official. C. Screening to surround the dumpster, east of the used oil collection building, should bc constructed of wood or anothcr opaque material such that the dumpster is adequately screened. Screening fence should be constructed with the "face" of the fence toward the outside. D. The used oil building should be of colors consistent with the surrounding buildings on the Ramsey County Public Works Facility site. E. The coniferous tress to be removed for the used oil and HHW site should be located to the north or east of the site to provide screening of the "yard" area of the public works . facility. The location north of the used oil collection building would also provide screening of the building. F. Any proposed lighting should be hooded to conceal the lighting source and shall be consistent with the Arden Hills regulations for lighting. Any new lighting should be reviewed by the Building Official for approval. G. Grading and drainage plans should be reviewed by Rice Creek Watershed District and the applicant should receive any necessary permits from RCWD prior to the issuance of a building or zoning permit. H. Plans for auxiliary signage should be submitted to the City Plamler for review. Any adjustments to the sign standards establishcd in the Arden Hills Sign Ordinance would require the review and approval of the Arden Hills City Council. Staff Recommendation In Planning Case #04-19 staff recommends approval of the Special Use Permit (Second) Amendment and Site Plan Review subject to the following conditions: I. The applicant shall continue to abide by the conditions of approval as stated in the approved Special Use Permit except as amended by the two subsequent amendments. 2. A Special Use Permit Amendment form, drafted by the City Attorney, shall amcnd the SUP and include the two amendments to the Special Use Permit. The SUP Amendment . \\Earth\Planning\Planning Cases\2004\04~ 19 RCPWF SUP Amendment Oil drop site and HHW\] 2-01-04 PC Report RCPWF SUP 2nd Amendment.Joc Page 8 of9 \ \ ! j form shall reference the proposed revision to the Site Plan from Planning Case #04-19. Building permits may only be issued after the SUP Amendment document receives the . approval of the City Council and is exccuted by both the City Council and the applicant. 3. Screening to surround thc dumpster, east of the used oil collection building, should be constructed of wood or another opaque material such that the dumpster is adequately screened. 4. The used oil building should be of colors consistent with the surrounding buildings on the Ramsey County Public Works Facility site. Options I. Recommend approval as submitted. 2. Reconunend approval with conditions. 3. Recommend denial with reasons for denial. If the City denies the petitioners request, "...it must state in writing the reasons for the dcnial at the time it denies the request." 4. Table for additional information. Deadline for Agency Actions The City of Arden Hills received the completed application for this request on November 1,2004 Pursuant to Minnesota State Statue, the City must act on this request by January 2, 2005 (60 days), unless the city provides the petitioner with written reasons for and additional 60 day . review period. The City may with the petitioners' consent extend the review period beyond the 120 days. Resident Comments Staff has not received any letters, e-mails, or calls from residents in regard to this planning case. At ents ;\/0 Ct-lfc<ch rne/lf:::, 4a-1 Location , Aerial Ma supporting documents 4a-2 Plans and state u mitted by the applicant. 4a-3 PIa ommlSSlOn e Excerpt - April 2, 2003 4a-4 Ity Council Minute Excerpt - 8,2003 ---=l Draft Copy - Special Use Permit Amendme \\Earth\Planning\Planning Cascs\2004\04-19 RCPWF sUP Amendment Oil drop site and Hl-IW\12-01-04 PC Report RCPWF SUP 2nd . Amendment.doc Page 9 of9 -------------- -- -- - - ..------ - ------ . ~ ~LLS MEMORANDUM DATE: January 5, 2005 PC Agenda Item S.B TO: Planning Commission FROM: Peter Hellegers, City Planner@ SUBJECT: Therapeutic Massage / Massage Ordinance Regulations / Home Occupations Background . At the December I, 2004 meeting the Planning Commission discussed massage regulations and whether they should be revised. The discussion arose because resident Karin Muska had inquired about having Therapeutic Massage as a home occupation. The general direction of the Planning Commission was that Therapeutic Massage was something that should be allowed in Arden Hills and should be considered as a suitable Home Occupation. Furthermore, the Planning Commission asked staff to check with surrounding communities to see how they handled regulating Therapeutic Massage. Home Occupation vs. Massage. Rap. and Sauna Parlor regulations In regard to Ms. Muska's request, it would have been classified as a Class II Home Occupation. The Class II Home Occupation requires a Special Use Permit to be approved by the Planning Commission and City Council before the applicant can begin operating the home occupation. However, the language listed under Section 330.03 of the City Code prohibits the operation of a massage business within 500 feet of any residential zoning district, a church, a nursery, a school, or any establishment frequented by juveniles. Therefore the current language in Section 330.03 precludes the operation of a Massage Parlor as a home occupation. Comparison of Other Cities' Therapeutic Massage Regulations in General Of the dozen or so cities that staff contacted about massage regulations, six communities responded. In regard to Therapeutic Massage businesses as a use, four ofthe six cities had special language to regulate the use; the remaining two simply include the use as a . permitted use in specific commercia] zoning districts. The language from the other four communities has been attached for your review. As you will see, most of these communities require the business to be licensed and comply with life safety codes. - Comparison of Other Cities' Therapeutic Massage Regulations for Home Occupations . Some of the cities surveyed did not require a permit for home occupations, they were simply allowed. Other cities required a Conditional Use Permit for certain home occupations. New Brighton and Shoreview through their regulations did not allow Therapeutic Massage as a home occupation. The use was allowed outright as a home occupation in Roseville (Roseville and New Brighton do not require permits for home occupations in general, they are simply permitted uses). Blaine and White Bear Lake do allow Therapeutic Massage as a home occupation; however both require Conditional Use Permits. In White Bear Lake a I-year trial basis is required to ensure that the home occupation is not detrimental to the surrounding residential neighborhood. The regulations for the City of Blaine appear leave room for a therapeutic massage as a conditional use permit. The Conditional Use Permit must be renewed every year; however, the annual renewal only requires administrative approval and payment of an annual permit fee. Standards for Therapeutic Massage Based on the language from the communities which have established specific Therapeutic Massage regulations, Qr permit Therapeutic Massage as a home occupation; standards for this type of use should include: A. A requisite number of hours of certified Massage Therapy training (400-500 hours were required by other communities). B. Being a member in good standing with the Minnesota Therapeutic Massage Network, American Massage Therapy Association, or similar organization. . C. Insurance requirements to cover death, personal injury, or property damage to a specified dollar amount. ($300,000 to $1,000,000 were required by other communities) D. Hours of operation for the massage business (8a-1 Op weekdays, 10-6 weekends, etc.) E. Mechanism for inspection (monthly, semi-annually, annually, etc.) during regular business hours. F. Renewal of permits (annually, first for one year and then every three years thereafter, etc.) and permit fees. G. A specific room/area reserved for the Therapeutic Massage business (not to exceed % of the total floor area. H. Compliance with other home occupation requirements. I. Compliance with Zoning, Fire, Building, and Health codes. Discussion Ouestions . If the Planning Commission would like to proceed with amending the current massage regulations or creating new massage regulations, should we: I. Eliminate Section 330.03 (Massage, Rap and Sauna Parlors) in its entirety and replace it with similar language to one ofthe communities that already has Therapeutic Massage regulations? (Please Note: Arden Hills already has regulations for "Adult Uses" through Ordinance 329 [2001]. This Ordinance provides language covering "Adult Massage Parlor, Health . Club ", "Adult Conversation/Rap Parlor", and "Adult Sauna ", so it - . appears the negative potential of these activities should be able to be regulated through this ordinance). 2. Utilize the existing language from Section 330.03 and amend it to include updated definitions and language with the aforementioned standards, and also provide exclusions for Therapeutic Massage where approved through a Special Use Permit as a home occupation? 3. Create all exception for Therapeutic Massage as a home occupation under Section 330.03, Subd. 8, A, 3 to read: (a) "Except where Therapeutic Massage has been permitted as a home occupation through the issuance of a Special Use Permit. Such massage uses shall be allowed in residential zoning districts and shall at all times comply with the conditions as established through the Special Use Permit and the City's home occupation regulations. " Recommendation Staffs recommendation would be to delete the existing Section 330.03 and replace it with language from either the Shoreview or Falcon Heights Therapeutic Massage regulations. In particular the Shoreview language could be amended to add a new section following "Massage Therapy Establishment Restrictions" which would amend the restrictions for Massage Therapy Home Occupations. The revised restrictions could read as follows: . (A) The premises shall comply with applicable Zoning, Fire, Health and Building Codes. (B) The premises and equipment shall be clean, sanitary and well maintained. (C) The holding of a license hereunder does not negate the requirement to hold other licenses or permits which may be applicable. (D) No f!amblinf! shall be vermitted on the licensed vremises while customers of the home occuvation are on the vremises. (E) No alcoholic beveraf!es shall be allowed on or vermitted to be brouf!ht onto the licensed vremises bv customers of the home occuvation. Nor shall alcoholic beveraf!es be offered to or vrovided to the customers of the home occuvation. (F) No person who is visibly under the influence of alcoholic beverages or drugs shall be allowed on the licensed premises. (G) No person shall be permitted to engage in disorderly conduct on the licensed premises and the licensee shall obey any reasonable order of the City's law enforcement agency to terminate or prevent such disorderly conduct. (H) Licensees shall comply with City, County, State or Federal laws, rules and regulations which are applicable to the licensed premises. (1) The licensed [)remises shall be closed between the hours of 10:00 v.m. and 8:00 a.m. on weekdavs and shall be closed between the hours of6:00 v.m. and 10:00 a.m. on weekends. (J) Customer avvointments shall be scheduled so that there shall not be a . need for a waitinf! room. If a waitinf! room is determined to be necessary it shall be sevarate from anv area wherein massaf!e theravv is verformed. - ---- (K) Licensee shallvermit insvections of the home occuvation area durin!! . rellUlar business hours bv the City's law enforcement a!!encv. buildin!! insvector. or avrlYovriate fire or health officials to determine comvliance with the city rellUlations or other avvrovriate state or county re!!ulations. (L) Licensee shall comvly with all other varts of this code unless otherwise stated. (M)Licensee shall comvly with the conditions of the Svecial Use Permit establishin!! the Massa!!e Theravy business as a home occuvation. Attached you will find a copy of the Shoreview language with staffs amendments and converted to the format of the Arden Hills City Code. If the Planning Commission determines that one of the ideas proposed is the preferred alternative, staffwill schedule a public hearing for the Planning Commission's February meeting. Ifhowever, the Planning Commission would additional review, staff would schedule this item as continued discussion on the February Planning Commission Agenda. Attachments I) Example language on Therapeutic Massage (not all communities had specific language for Therapeutic Massage/Massage). 2) Example language on Home Occupations. . 3) Example from Shoreview language (with amendments for home occupation) reformatted to fit Arden Hills City Code. . . . Planning Commission Meeting January 5, 2005 Planning Commission . Attachment SB - 1 . i ~\Ccf) ~t~h,-\S . . CHAPTER 5. MUNICIPAL REGULATION AND LICENSING . SECTION 1. BUSINESS LICENSE REQUIREMENTS AND REGULATIONS 5-1.01 Business Licenses. No person shall operate a business within the City of Falcon Heights without obtaining and maintaining a business license as provided herein. 5-1.02 Licensing Procedures and Regulations. A. Issuance. Each owner of a business to be located within the city shall complete an application for a business license on forms provided by the city clerk, containing such information as is requested on the form. Business licenses shall be issued upon receipt of the completed application and appropriate license fee (as stipulated in Chapter 5-5.01 of this code), after review by city staff; provided that the operation of the business at the proposed location complies with this code and other applicable laws (ie. Uniform Fire Code and Uniform Building Code) and approval by the city council. B. Revocation. A business license may be revoked by the city council after a hearing at which the council finds that operation of the business is inconsistent with the information provided on the license application, . operation of the business violates any part of the city code or state or federal law, and/or operation of the business has resulted in repeated violations of the code or state or federal law. At least ten days prior to such a revocation hearing, notice shall be mailed to the owner(S) of the business license, indicating the nature of the hearing. A majority vote of the council shall be sufficient to sustain revocation of a business license. e. Renewal. Business licenses granted hereunder may be renewed upon submission to the city clerk of the appropriate license renewal fee and a completed renewal application, indicating any changes from the previous license application. Licenses will be renewed only if the business has been operated in compliance with all applicable laws, including this code, during the preceding license term. All renewals must be approved by the city council. D. Condition of Premises. Premises used in connection with any licenses business must be kept clean, in good repair, and free and clear of any trash, rubbish or debris. 5-1.03 Regulation of Specific Businesses and Products. ... . E. Therapeutic Massage Enterprises 1. Purpose. The purpose of this Division of the City Code is to prohibit 1 . massage businesses and services to the public except those licensed as therapeutic massage enterprise pursuant to this section. The . licensing regulations prescribed herein are necessary in order to prevent criminal activity and to protect the health and welfare of the community. The purpose of this section is not to impose restrictions or limitations on the freedom protected speech or expression. 2. Findings of the City Council. The city council of the City of Falcon Heights makes the following findings regarding the need to license therapeutic massage enterprises and therapists and to prohibit all other types of massage businesses and services to the public: a. Persons who have bona fide and standardized training in therapeutic massage, health, and hygiene can provide a legitimate and necessary service to the general public. b. Health and sanitation regulations governing therapeutic massage enterprises and therapists can minimize the risk of the spread of communicable diseases and can promote overall health and sanitation. c. License qualifications for the restrictions on therapeutic massage enterprises and therapists can minimize the risk that such businesses and persons will facilitate prostitution and . other crirninal activity in the community. d. Massage services provided by persons with no specialized and standardized training in massage can endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to unhealthy and unsanitary conditions, and by increasing the risk of personal injury. e. Massage businesses which employ persons with no specialized and standardized training can tax city law enforcement services because such businesses are more likely to be operated as fronts for prostitution and other criminal activity than operations established by persons with standardized training. 3. Definitions. The following words and terms when used in this section shall have the following meanings unless the context clearly indicates otherwise. a. Massage - Any method of pressure on, or friction against, or the rubbing, stroking, kneading, tapping, pounding, vibrating, stimulating, or rolling of the external parts of the human . body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations. 2 . b. Therapeutic Massage Enterprise - A person who operates a business which hires only licensed therapeutic massage . therapists to provide massage to the public. The owner/operator of a therapeutic massage enterprise need not be licensed as a therapeutic massage therapist if he or she does not at anytime practice or administer massage to the public. c. Therapeutic Massage Therapist - An individual who practices or administers massage to the public who can demonstrate to the City that he or she: I) has a current insurance coverage of one million dollars ($1,000,000) for professional or general liability in the practice of massage; 2) is affiliated with, employed by, or owns a therapeutic massage enterprise licensed by the city; and 3) has completed four hundred (400) hours of certified therapeutic massage training from a bonafide school or has one year of experience practicing massage therapy as established by an affidavit and is currently and continually enrolled in a bonfide therapeutic . massage school. Compliance with this requirement applies to the license application and license renewal. I. License ReQuired. Therapeutic Massage Enterprise License. It shall be unlawful for any person to operate, engage in, or carry on, within the city, any type of massage services to the public for consideration without first having obtained a therapeutic massage enterprise license from the city pursuant to this section. 5. Exceptions. A Therapeutic Massage Enterprise License is not required for the following persons and places: a. Persons duly licensed by this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry, provided the massage is administered in the regular course of the medical business and not provided as part of a separate and distinct massage business. b. Persons duly licensed by this state as beauty culturists or barbers, provided such persons do not hold themselves out as giving massage treatments and provided the massage is merely incidental to hairstyling or manicure services. . Persons working solely under the direction and control of a c. person duly licensed by this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or 3 podiatry. . d. Places duly licensed or operating as a hospital, nursing home, hospice, sanitarium, or group home established for the hospitalization or care of human beings. 6. License Application. Therapeutic Massage enterprise License Application. An application for a therapeutic massage enterprise license shall be made on the form supplied by the city and shall request the following information: a. For all applicants: I) Whether the applicant is an individual, corporation, partnership, or other form of organization. 2) The legal description of the premises to be licensed together with a plan of the area showing dimensions, location of buildings, street access, and parking facilities. 3) The floor number, street number, and rooms where the massage services are to be conducted. 4) Whether all real estate and personal property taxes that are . due and payable for the premises to be licensed have been paid, and if not paid, the years and amounts that are unpaid. 5) Whenever the application is for premises planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. 6) The name and street address of the business if it is to be conducted under a designation, name, or style other than the name of the applicant, and a certified copy of the certificate as required by Minnesota Statutes Section 333.01. 7) Such other information as the city shall require. b. For applicants who are individuals: I) The name, place and date of birth, and street residence address of the applicant. 2) Whether the applicant has ever used or been . known by a name other than the applicant's name; and if so, the name or names and information concerning dates and places where used. 3) Whether the applicant is a citizen of the United 4 States or a resident alien. 4) Street addresses at which the applicant has lived . during the preceding five (5) years. 5) The type, name, and location of every business or occupation the applicant has been engaged in during the preceding five (5) years. 6) Names and addresses of the applicant's employers for preceding five (5) years. 7) Whether the applicant has ever been convicted of any felony or cnme, and the time, place and offense for which convictions were had. 8) Whether the applicant has ever been engaged in the operation of massage services. If so, applicant shall furnish information as to the name, place and length of time ofthe involvement in such an establishment. c. For applicants that are corporations or other types of organizations: I) The name of the organization, and if incorporated, the . state of incorporation. 2) A true copy of the certificate of incorporation, and, if a foreign corporation, a certificate of authority as described in Minnesota Statutes Section 303.03. 3) The name of the general manager, corporate officers, proprietor and other person in charge of the premises to he licensed, and all the information about said persons as is required in paragraph B ofthis section of this code. 4) A list of all persons who own or control an interest in the corporation or organization or who are officers of said corporation or organization, together with their addresses and all the information regarding such persons as is required in paragraph B of this section of the code. 7. Application and Investigation Fees. The fees for a therapeutic massage enterprise licenses shall be as set forth in section 4.01A of this code. An investigation fee shall be charged for therapeutic massage enterprise licenses as set forth in section 4.01A of this code. Each application for a license shall be accompanied by payment in . full ofthe required license and investigation fee, if applicable. 8. Application Verification and Consideration. The city shall verity the information supplied on the license application and shall investigate 5 the background, including the criminal background, ofthe applicant to assure compliance with this section. Within ninety (90) days of . receipt of a complete application and fee for a therapeutic massage enterprise license, the city administrator shall make a written recommendation to the city council as to issuance or nonissuance of the license. The city council may order and conduct such additional investigation as it deems necessary, but shall grant or deny the application within one hundred twenty (120) days of receipt by the city of the complete application and fee. 9. Persons Ineligible for License. No therapeutic massage enterprise license shall be issued to a person who: a. is a minor at the time the application is filed; b. has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03; c. is not a citizen of the United States or a resident alien; d. is not of good moral character or repute; e. is not the real party in interest of the enterprise; f. has misrepresented or falsified information on the license application; g. cannot meet the definition of therapeutic massage enterprise in this chapter (5-3.08 B) of this code. . 10. General License Restrictions a. A therapeutic massage enterprise license issued must be posted in a conspicuous place on the premises for which it is used. b. A therapeutic massage enterprise license is only effective for the compact and contiguous space specified in the approved license application. c. The license issued is for the person or the premises named on the approved license application. No transfer of a license shall be permitted from place to place or from person to person without complying with the requirements of an original application. d. The enterprise hours of operation shall be no more than 9 A.M. to 9 P.M. e. A therapeutic massage therapist shall be employed by, affiliated with, or own a therapeutic massage enterprise . business licensed by the city, unless a person or place is specifically exempted form obtaining a therapeutic massage enterprise license in this chapter (5-3.08 D). f. No therapeutic massage enterprise shall employ or use any 6 person to perform massage who is not licensed as a therapeutic massage therapist under this Section, unless the person is specifically . exempted from obtaining a therapist license in this chapter (5-3.08 D). g. The licensee shall require that the person who is receiving the massage shall at all times have his or her genital area covered with non-transparent material or clothing. h. Any therapist performing massage shall at all times have his or her breasts, buttocks, anus, and genitals covered with a non-transparent material or clothing. 1. No licensee shall solicit business or offer to perform massage services while under license suspension or revocation by the City. J. At no time shall the therapeutic massage therapist intentionally massage or offer to massage the penis, scrotum, mons veneris, vulva, or vaginal area of a person. II. Restrictions Regarding Sanitation and Health a. A therapeutic massage enterprise shall be equipped with . adequate and conveniently located toilet rooms for the accommodation of its employees and patrons. The toilet room shall be well ventilated by natural or mechanical methods and be enclosed with a door. The toilet room shall be kept clean and in good repair and shall be adequately lighted. b. A licensed therapeutic massage enterprise shall provide single-service disposal paper or clean linens to cover the table, chair, furniture, or area on which the patron receives the massage; or in the alternative, if the table, chair, or fumjture on which the patron receives the massage is made of material impervious to moisture, such table, chair, or fumjture on which the patron receives the massage is made of material impervious to moisture. c. The therapeutic massage therapist shall wash his or her hands and arms with water and soap, anti-bacterial scrubs, alcohol, or other disinfectants prior to and following each massage service performed. 12. Renewal of License. An enterprise license issued under this section . shall expire on December 31 at 12:00 A.M. of each year. An application for the renewal of an existing license shall be made at least thirty (30) days prior to the expiration date of the license and shall be made in such form as the City requires. If, in the judgment 7 - . of the city council, good and sufficient cause is shown by an applicant for the applicant's failure to submit a renewal application within the time provided, the city council may, if the other provisions of this section are complied with, grant the renewal application. 13. Sanctions for License Violations. The City Council may revoke a license or suspend a license for up to sixty (60) days for a violation of: a. a provision of this ordinance or therapeutic massage enterprise license b. a state law relating to prostitution; or . c. a federal, state, or local law relating to moral character. A revocation or suspension shall be preceded by written notice to the licensee and a public hearing. The notice shall give at least eight (8) days notice ofthe time and place of the public hearing and shall state the nature of the charges against the licensee. The notice shall be mailed to the licensee at the most recent address listed on the license application. The hearing of a contested case shall be in accordance with Minnesota Statutes, Section 14.57 to 14.60, but informal disposition of a contested case by stipulation, pursuant to Minnesota Statutes Section 14.59, may provide an adequate basis for imposition of sanctions. . I , 8 JJuv &~h+On - Article 10. Escort Services, Massage Parlors, Rap Parlors, Sauna Parlors and Services . Sec. 15-181. Purpose The purpose of this Article is to regulate escort services, therapeutic massage salons, rap parlors, and sauna parlors. (Ord. No. 429, 8-8-78; Code of 1988; Ord. No. 619, 12-12-95; Code of2001) Sec. 15-182. Definitions. (4) Massage. The method of treating the superficial parts of the human body by rubbing, rolling, pressing, stroking, kneading, tapping, pounding, vibrating or stimulating with the hands or any instrument for the exclusive purpose of relaxation, physical fitness, or beautification. (9) Recognized SchooL Any school or educational institution which: A. Is in good standing with the MN Therapeutic Massage Network or the American Massage Therapy Association; B. Is either registered or licensed with the MN Higher Education Office or accredited by a federally recognized accrediting agency; C. Has for its purpose the teaching of the theory, method, profession or work of massage; D. School requires a resident course of study before the student shall be furnished with a diploma or certificate of graduation from such school or institute oflearning following the successful completion of the course of study or leaming. (12) Therapeutic Massage Salon. Premises at or in which massage is advertised, offered, or performed to or . for members of the public or a private club. (Ord. No. 429,8-8-78; Ord. No. 476, 12-23-80; Code of 1988; Ord. No. 619,12-12-95; Code of2001) Sec. 15-199. Zoning Requirements. In the development and execution of this Article, it is recognized that there are some uses which because of their very nature have serious objectionable operational characteristics. When several of these uses are concentrated, under certain circumstances, they may have a deleterious effect on the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. (I) A business license for businesses other than therapeutic massage salons shall be issued only for property zoned B-3 General Business, I-I Light Industrial, or 1-2 Heavy Industrial provided that such use is not detrimental to existing and future development. Business licenses for therapeutic massage salons may be issued only for property zoned B-2 Neighhorhood Business, B-3 General Business, 1-1 Light Iudustrial, R-l Single Family Residence, or I-2IHeavy Industrial. The issuancc ofa license shall be subject to: A. The business license may be for a principal use only if all persons providing massage on the premises have fumished a certificate or diploma from a recognized school requiring completion of a resident course of study of at least 500 hours to obtain the certificate. B. The business license may be for a use which is accessory to a primary use of the license premises as . a barber shop, hair or beauty salon, or licensed cosmetology salon provided all of these conditions are met: \\Earth\Planning\Misc Filcs\Zoning Updates\Ncw_ Brighlon_ Massage _ Regs.doc I . - . I. The primary use has at least the equivalent of two full time employees engaged in the primary business use. 2. No more than fifteen percent of the premises is devoted to the massage use. 3. The primary use has a capital investment in furniture, fixtures, and equipment of at least $30,000. 4. The primary use has been in business in the City for at least three years. C. A business license may be granted in an R-I Single Family Residential District only for a IISe which is accessory to a primary use of the licensed premises as a barber shop, hair or beauty salon, or licensed cosmetology salon subject to: 1. All conditions of Section 15-199 (I)B are met; 2. The use of the premises for the primary use is a legal existing non-conforming use; and, 3. The property is not used for residential purposes. (2) No escort service, rap parlor, or sauna parlor shall be operated within 2600 feet of any other escort service, rap parlor, or sauna parlor. (3) No escort service, rap parlor, or sauna parlor shall be operated within 600 feet of any residentially zoned district, church, nursery, elementary, junior high or high school, or any establishment frequented by juveniles.(Ord. No. 429, 8-8-78; Code of 1988; Ord. No. 593,4-27-93; Ord. No. 616, 10-24-95; Ord. No. 619,12-12-95; Ord. No. 621, 2-27-96; Code of2001). Sec. 15-200. Persons Ineligible for a License. . No license shall be issued to an applicant who: (I) Is under 21 years of age. (2) Is an alien. (3) Has been convicted of any crime which involves moral turpitude or relates directly to such person's ability, capacity, or fitness to perform the duties and discharge the responsibilities of the licensed activity. (4) Has had a similar license revoked, denied, or suspended within five years prior to the date of application. (Ord. No. 429,8-8-78; Code of 1988; Code of2001) Sec. 15-201. Honrs of Operation. No licensed premises shall be open between the hours of 10:00 p.m. and 8:00 a.m. of the following day and no business shall be conducted on Sunday. (Ord. No. 429, 8-8-78; Code of 1988; Code of2001) . \\Earth\Planning\Misc Files\Zoning Updatcs\New _ Brighton _Massage _ Regs.doc 2 8hxw i e.u.J . City of Shoreview Municipal Code Chapter 700. Licensing 711 Massal!e Therapy Establishments and Massal!e Therapists . 711.010 l'urpose. The purpose and intent of this Ordinance is to regulate Massage Therapy Establislnnents and Massage Therapists in order to protect and promote the public health, safety and welfare by: (A) providing standards for education and training of Massage Therapists. (B) providing a clean, sanitary, healthy and safe environment in which Massage Therapists can operate. (C) requiring insurance coverage. (D) recognizing massage therapy as a legitimate business occupation. 711.020 Definitions. As used herein the following terms shall mean: (A) "Massage Therapy" shall mean any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, creme, lotion, ointment or other similar preparations. . (B) "Massage Therapist" shall mean any person who offers the service of massage therapy as part of a commercial transaction. (C) "Massage Therapy Establislnnent" shall mean any place wherein massage therapy is conducted by a Massage Therapist. 711.030 Prohibitions. Except as hereinafter provided, no person, party, firm or corporation shall: (A) Act in the capacity of a Massage Therapist without first obtaining a license as hereinafter provided. (B) Operate a Massage Therapist Establishment without first obtaining a license as hereinafter provided. (C) Submit an application for a Massage Therapist or Massage Therapy Establislnnent License which contains false, inaccurate or misleading information. (D) Act in the capacity of a Massage Therapist or operate a Massage Therapy Establislnnent contrary to the provisions ofthis Chapter. . Section 711. Massage Therapy Establishments and Massage Therapists 711-1 -.--.- City of Shoreview Municipal Code Chapter 700. Licensing . 711.040 Exemptions. The following people are exempt from compliance with the provisions of this Chapter provided that they are rendering massage therapy within their scope of employment and at their normal place of business: (A) Persons duly licensed in the State of Minnesota to practice medicine, surgery, osteopathy, chiropractic and physical therapy, podiatry and nursing; and individuals performing massage therapy under the direction of such persons. (B) Athletic directors and trainers certified by the National Association of Athletic trainers; (C) Beauty culturists and barbers, who do not give, or hold themselves out to give, massage therapy as defined herein, other than as is customarily given in such places of business for the purposes of beautification. 711.050 License Application and Fee. An application for a Massage Therapist or Massage Therapy Establishment shall be submitted on forms provided by the City Manager which shall be fully, truthfully and accurately completed. The license fee, as determined from time to time by Council Resolution, shall be submitted with the application. Licenses shall expire December 31 st of each year. 711.060 Law Enforcement Review. Upon receipt, the City Manager shall forward copies . of all applications to the City's law enforcement agency. The City's law enforcement agency shall report, in writing, to the City Manager, as to any police record of the applicant which may reflect upon moral character or responsibility. 711.070 ReQuirements for Massal!e Therapist's License. A Massage Therapist shall: Be eighteen (I 8) years of age or older, verified by a birth certificate or driver's license. Have received a Comprehensive Certificate of Massage from a school recognized by the Minnesota Higher Education Board with a minimum of 500 class credit hours and is a member in good standing of the Minnesota Therapeutic Massage Network or the American Massage Therapy Association or other organizations possessing the same or similar standards and having an enforcement code of ethics. 711.080 Massal!e Therapy Establishment Restrictions. A Massage Therapy Establishment shall comply with the following regulations: (A) The premises shall comply with applicable Zoning, Fire, Health and Building Codes. . (B) The premises and equipment shall be clean, sanitary and well maintained. Section 711. Massage Therapy Establishments and Massage Therapists 711-2 City of Shoreview Municipal Code Chapter 700. Licensing (C) The holding of a license hereunder does not negate the requirement to hold . other licenses or permits which may be applicable. (D) No gambling shall be permitted on the licensed premises. (E) No alcoholic beverages shall be allowed on or permitted to be brought onto the licensed premises. (F) No person who is visibly under the influence of alcoholic beverages or drugs shall be allowed on the licensed premises. (G)No person shall be permitted to engage in disorderly conduct on the licensed premises and the licensee shall obey any reasonable order of the City's law enforcement agency to terminate or prevent such disorderly conduct. (H) Licensees shall comply with City, County, State or Federal laws, rules and regulations which are applicable to the licensed premises. (I) The licensed premises shall be closed between the hours of 10:00 p.m. and 6:00 a.m. (1) There shall be a waiting room for patrons which is separate from any area . wherein massage therapy is performed. (K) Licensee shall permit inspections during regular business hours by the City's law enforcement agency, building inspector, or appropriate fire or health officials to determine compliance with the city regulations or other appropriate state or county regulations. 711.090 Displav of Permits. The license of the Massage Therapy Establishment and of every Massage Therapist employed thereby, shall be displayed in an open and conspicuous place on the premises and shown to law enforcement officers upon request. 711.100 Chaneed Conditions. All licensees must notify the City Manager, in writing, as soon as practicable, but in no event later than ten (10) days, of each and every material change in circumstances with respect to material and information contained in or a part of the license application. 711.110 Insurance. Massage Therapist Licensees must have and maintain in full force and effect, during the license period, a policy of liability and malpractice insurance issued by an insurance company licensed to do business in the state of Minnesota covering death, personal injury and property damage in the minimum amount of Three Hundred Thousand ($300,000) Dollars per person and per occurrence. . Section 711. Massage Therapy Establishments and Massage Therapists 711-3 . Planning Commission Meeting January 5, 2005 Planning Commission . Attachment SB - 2 . ---- 8loJ~_ 33.11 HOME OCCUPATIONS . (a) Intent: In order to provide peace, quiet, and domestic tranquillity within all residential neighborhoods, within the City, and in order to guarantee to all residents freedom from excessive noise, excessive traffic, nuisance, fire hazard and other possible effects of commercial uses being conducted in residential areas. (b) Definitions: (1) A home occupation is defined as any business, occupation, profession, or commercial activity that is conducted or petitioned to be conducted from property that is zoned for residential use. General farming and gardening activities are not considered home occupations and are not regulated by this ordinance. (Amended 2-19-87. Ord.87-1007) (2) A home occupation conditional use permit is a permit authorized by the City Council only after a pnblic hearing by the Planning Commission. (Amended 2-19-87. Ord.87-1007) (c) AU home occupations which conform to the following standards may be conducted without a conditional nse under this ordinance: (Amended 2-19-87. Ord.87-1007) (1) Permitted home occupations shall not be conducted in aoy building on the premises other than the building which is used by the occupant as the private dwelling and, furthermore, that not more than one (1) room may be used for such purposes. (Amended 2-19-87. Ord.87-1007) (2) Home occupation may have one (1) wall sign per dwelling which may not exceed 2.5 square feet. (Amended 2-19-87. Ord.87-1007) (3) There shall be no exterior or garage storage of any materials including business equipment, . merchandise, inventory or heavy equipment. Motor vehicles used in the home oecup'atioD must be stored inside. (Amended 2-19-87. Ord.87-1007) (4) The area set aside for home occupations shall not exceed twenty p-ercent (200/0) of the total noor area of such residence. (Amended 2-19-87. Ord. 87-1007) (5) Permitted home occupations shall not include the employment of any persons not residing on the premises in the performance of the occupation. (Amended 2-19-87. Ord.87-1007) (6) The uSe of mechanical equipment other than is usual for purely domestic or hobby purposes is prohibited. (Amended 2-19-87. Ord.87-1007) (7) Off-street loading and off-street parking requirements of Sections 33.14 and 33.15 must be provided. (Amended 2-19-87. Ord.87-1007) (8) Merchandise shall not be regularly or openly displayed or offered for sale within the residence. (Amended 2-19-87. Ord.87-1007) (9) The operation of any wholesale or retail business, unless it is conducted entirely by mail or by occasional home invitation and does not involve the sale, shipment, or delivery of merchandise on the premises is prohibited. (Amended 2-19-87. Ord.87-1007) (10) Any home occupation or activity which produces noise or obnoxious odors, vibrations, glare, fumes, fire hazard, or electric interference detectable to normal sensory perception beyond the property line is prohibited. (Amended 2-19-87. Ord.87-1007) (11) Trucks shall not be stored, operated) or maintained in residential districts. (Amended 2-19-87. Ord. . 87-1007) 33.00-11 08/21/03 . (12) A home occupation must normally involve fewer than four (4) customers entering daily. (Amended 2-19-87. Ord.87-1007) (13) Garage sales or sales of household items are permitted without special permit provided they meet the following standards: (Amended 2-19-87. Ord.87-1007) (aa) Garage sales last no longer than three (3) days and sales of individual household items last no longer than fifteen (15) days. (Amended 2-19-87. Ord.87-1007) (bb) Sales are held no more than twice yearly. (Amended 2-19-87. Ord.87-1007) (cc) Sales are conducted on the owner's property. Multiple family sales are permitted if they are held on the property of one of the participants. (Amended 2-19-87. Ord.87-1007) (dd) No goods pnrchased for resale may be offered for sale. (Amended 2-19-87. Ord.87-1007) (ee) No consignment goods may be offered for sale. (Amended 2-19-87. Ord.87-1007) (ft) All directional and advertising signs shall be freestanding and removed after completion of the sale. (Amended 2-19-87. Ord.87-1007) (gg) All directional and advertising signs shall be placed on private property and shall have the owner's permission. (Amended 2-19-87. Ord.87-1007) (hh) No directional or advertising sign may be larger than two (2) feet by three (3) feet. (Amended 2-19-87. Ord.87-1007) . (d) Conditional Use Permits: (1) All home occupations which do not conform to the standards contained in Section 33.11(c) shan only be conducted with a home occupation conditional use permit. Conditional Use Permits granted by this section shall be temporary in nature and shall be granted to a designated natural person who resides at a residential address. They are not transferable from person to person or from address to address. (Amended 2-19-87. Ord.87-1007) (2) Applications for home occupation conditional use permits shall be filed with the Director of Community Development together with a filing fee established by City Council in an annual fee resolution. The application shall be forwarded to the Planning Commission for a public hearing. All such hearings shall be at public meetings of the Planning Commission and shall be conducted as provided in Section 27.04 of this ordinance. Legal notice of all such hearings shall be given as required for petitions for rezonings, variances, and other conditional uses. At the conclusion of its hearing, the Planning Commission shall make findings of fact and recommendations to the City Conncil. (Amended 4-3-86. Ord. 86-939) (Amended 2-19-87. Ord.87-1007) (3) A conditional use permit in zoning districts R-I, R-2, R-3, R-4, and RE will only be considered for those specific home occupations which do not meet the requirements of Section 33.11.c., 1, 3, 4, 5, and 12. (Amended 2-19-87. Ord.87-1007) (4) A conditional use permit in zoning districts AG and FR will be considered provided the home occnpation conforms to the following standards: (Amended 2-19-87. Ord.87-1007) (aa) A building containing a rural home occupation shall be located at least 100 feet from any property line and shall be located in the rear yard of the principal dwelling. (Amended . 2-19-87. Ord.87-1007) (bb) A rural home occupation shall be contained entirely within one building with a maximum floor area of 1,500 square feet (250/0 of total floor area if operating from principal dwelling). 33.00-12 08121/03 -----.--..- No outside storage of materials, equipment or vehicles used in the home occupation is . permitted. (Amended 2-19-87. Ord.87-1007) (cc) One rural home occupation per parcel. (Amended 2-19-87. Ord.87-1007) (dd) The operator of the rural home occupation must reside on the same parcel of land upon which the rnral home occupation is tocated. (Amended 2-19-87. Ord.87-1007) (ee) No more than three people who do not reside on the premises may be employed by the home occupation. (Amended 2-19-87. Ord.87-1007) (ft) Off-street loading and off-street parking requirements of Section 33.14 and 33.15 must be met. (Amended 2-19-87. Ord.87-1007) (gg) Rural home occupations may have one (1) wall or freestanding sign per parcel which may not exceed 2.5 sq. feet. (Amended 2-19-87. Ord.87-1007) (bh) Any rural home occupation or activity which produces noise or obnoxious odors, vibrations, glare, fumes, fire hazard or electric interference detectable to normal sensory perception beyond tbe property line is prohibited. (Amended 2-19-87. Ord.87-1007) (ii) All appropriate building and fire codes are applicable to this section. (Amended 2-19-87. Ord.87-1007) (5) Conditional use permits shall expire April 30 of each year and once granted may be renewed without additional hearing subject to the provisions of tbis section, by completing the renewal form described . by tbe Director of Community Development and paying the annual permit fee. Failure to timely apply for renewal, and/or failure to pay the conditional use permit shall be grounds for revocation of a conditional use permit. (Amended 2-19-87. Ord.87-1007) (6) There may be one (1) annual inspection each year by the Director of Community Development or his designee of the property covered by a conditional use permit. In addition, the Director of Community Development, or his designee, shall have the right at any time, upon reasonable request, to enter and inspect the premises covered by said permit for safety and compliance purposes. (Amended 2-19-87. Ord.87-1007) (7) The annual fee for conditional use permits issued under this section shan be established by the City Council in an annual fee resolution and shall be payable no later than May 1 of each year. (Amended 4-3-86. Ord.86-939) (Amended 2-19-87. Ord.87-1007) (8) All home occupations conducted in violation of Section 33.1l(c) and without a conditional use permit are illegal and punisbable according to tbe terms of Section 27.06(d). (Amended 2-19-87. Ord. 87-1007) (e) General Provisions: (1) Should a conditional use permit holder die or move to a new location, the existing permit shall be automatically terminated, except that in the case of death, should a surviving spouse or child, residing at the same address, desire to continue the home occupation, written notice to that effect shall be given to the Director of Community development and the City Council may authorize continuation of that permit without furtber bearing. (Amended 2-19-87. Ord.87-1007) (2) Conditional use permits, once granted, may be revoked by the City Council for cause after hearing before the City Council. Complaints seeking the revocation of such permit shall be fiJed with the . Director of Community Development and may be initiated by the Planning Commission or any three (3) residents of the block (both sides where the home occupation is being conducted). All sucb 33.00-13 08/21/03 . revocation hearings shan be conducted in accordance with Section 27.06 of this ordinance. Publication and notice requirements shall be the same as for home occupation conditional use permit application hearings. (Amended 2-19-87. Ord. 87-1007) (3) All businesses being conducted at property zoned for residential use on the effective date of this ordinance shall have thirty (30) days thereafter to apply for the necessary conditional use permit. (Amended 2-19-87. Ord.87-1007) (4) Persons who are conducting a business from property zoned for residential use on the effective date of this ordinance must make application under Section 33.11, but may continue to conduct such businesses pending final determination of their application. Should the City Council deny the petition for conditional use permit, all such persons shall immediately cease their business activities from snch residential premises. (Amended 2-19-87. Ord.87-1007) 33.12 PERMITTED ENCROACHMENTS - YARDS For the purpose of this ordinance, the following shall be considered as permitted encroachments within the yards indicated: a) In any yard: overhanging roof eaves, open terraces, marquees, flues, sills, lintels, pilasters, cornices, gutters, open canopies, open porches not enclosed by walls, screens, windows, or doors and awnings attached to the principal building, not to exceed twenty-five percent (25%) of the depth of the front or rear yards or twenty-five percent (250/0) of the width of the side yards. Chimneys, flag poles, ornamental features, sidewalks, fences, landscaping, posts, or other similar amenities. (Amended 1-22-98. Ord. 98- H;94) . b) Yard lights and name plate signs in residential districts, provided such lights and signs are three (3) feet or more from all lot lines. Lights for illuminating parking and loading areas or yards for safety and security purposes may be provided where necessary, provided that the glare is not visible from public right-of-way or adjacent residential property. (c) In front yards, balconies may extend a distance of four (4) feet or less, provided they are seven (7) feet or more above the grade at the building line. Patios may extend a distance of eight (8) feet or less. (d) In rear yards, balconies, breezeways, detached picnic shelters, or swimming pools, provided they are ten (10) feet from all property lines. Recreational equipment, uncovered porches, patios, picnic tables, open arbors, trellises, laundry drying equipment, satellite dishes exceediog 24 ioches in diameter, detached outdoor living room and outdoor eating facilities, provided they are not less than five (5) feet from any lot line. (Amended 5-16-96. Ord. No. 96-1600) (e) Encroachments in any yard that abut a public or private street, shall be considered as permitted encroachments, as outlined above, except that no encroachment shall be permitted within present or proposed street right-of~way lines. (I) On corner lots, in any district, encroachments are not permitted in excess of thirty (30) inches above the curb line in the intersection sight distance triangle. 33.13 TRAFFIC CONTROL The traffic generated by any use shall be channeled and controlled in a manner that will avoid: congestion on public streets, traffic hazards, and excessive traffic through residential areas, particularly truck traffic. (a) Internal traffic shall be so regulated as to insure its safe and orderly Row. Traffic into and out of . commercial and industrial areas shall, to the extent possible, be forward moving with no backing into streets. On corner lots, no structure or other materials shall be placed within the intersection sight distance triaugle between tbe height of two and one half(2-1I2) and ten (10) feet above the center line grade of the intersecting street. 33.00-14 08/21/03 , t;\COtl He (~ ~-\s FALCON HEIGHTS CITY CODE - CHAPTER 9: ZONING . PLANNING & DEVELOPMENT 9-14.01 PART 14. DESIGN AND PERFORMANCE STANDARDS 9-14.01 Desil!D and Performance Standards ... Subdivision 24. Home Occupations. a. Purpose. The purpose of this subdivision is to define and regulate home occupations so as to permit only those home occupations that are compatible with other permitted uses and with the residential character of neighborhoods. An additional purpose ofthis section is to protect health, safety, and general welfare ofthe surrounding neighborhood. No home occupation shall be permitted which does not conform with the definition, procedures and requirements which follow in this subdivision. b. Definition. A home occupation is a gainful occupation carried on in a dwelling unit, and not in any accessory building, within a residential district. The occupation shall clearly be secondary to the use of the dwelling for residential . purposes, and shall not change its character. c. Procedures. No person shall conduct a home occupation without first having obtained a license from the Zoning Administration and the approval of the Council. Applications for licenses, accompanied by the appropriate fee, shall state facts that constitute the basis for compliance with the requirements set forth in provision (d). Home occupations for disabled persons that do not meet these conditions may apply for a conditional use permil. d. Requirements. The following requirements shall apply to home occupations within the City of Falcon Heights. \. No home occupations shall be permitted which, in the opinion of the Zoning Administrator, may be detrimental to adjacent or nearby residential amenities; 2. No home occupation shall be permitted which, in the opinion of the City Fire Chief, may increase the risk of fire or use of rescue squads at a greater level than would normally be expected in a residential district. 3. Exterior storage shall not be permitted. Falcon Heights City Code: Home Occnpations Page t . ------..--- . 4. Adequate off-street parking space for the home occupation must be available as approved by the Zoning Administrator, however, no home occupation shall be granted that creates the need for more than two (2) parking spaces in addition to those already used by the occupants of the , dwelling. 5. No accessory uses in conjunction with a home occupation shall be permitted. 6. No home occupation shall be permitted within an accessory building (as defined in this Chapter). 7. No signs other than those normally utilized in a residential district shall be permitted. 8. No over-the-counter retail or wholesale sales shall be permitted; 9. Entrance to the home occupation shall be gained from within the structure with no separate exterior entrance; 10. No stock in trade shall be stored on the premises; . 11. Only occupants of the dwelling unit may engage in the home occupation; 12. No more than twenty (20) two-way additional vehicle trips per day shall be generated by a home occupation. 13. No home occupation shall be permitted which requires the use of commercial vehicle more often than would normally be expected in a residential district. For the purpose of this subdivision, commercial vehicle shall be defined as a non-passenger vehicle (as passenger vehicle is defined in Falcon Heights Ordinance Section 9-4.01, Subd. 5d. 14. No home occupation shall produce light glare, noise, odor or vibration that has an objectionable affect on a nearby property; 15. No equipment shall be used in a home occupation that creates electrical interference to surrounding property owners' radio or television signals; . Falcon Heights City Code: Home Occupations Page 2 . " - 16. No home occupation shall be conducted between the hours of9:00 . p.m. and 9:00 a.m. on weekdays, or between the hours of6:00 p.m. and 10:00 a.m. on weekends and holidays; 17. No home occupation shall cause an increase in sewer or water usage that exceeds the normal range for residents in the City. 18. Not more than twenty (20) percent of the gross area of the dwelling uhit shall be used to conduct a home occupation. The appearance of a residential dwelling shall in no way be changed or altered in a manner which would cause the premises to differ from its residential character. ... . Falcon Heights City Code: Home Occupations Page 3 . f-,JfJJJ Brif] h,fm e Sec. 4-550. Home Occupations. Home occupations shall conform to the standards set forth in this . Section. These standards are intended to ensure that a home occupation is clearly secondary and incidental to the use of the dwelling unit for residential purposes and to ensure compatibility of the home occupation with the residential character of the neighborhood. . Permitted home occupations shall not include the employment of more than one additional person on site who does not reside on the premises. Furthermore, not more than one room or 25 percent of the gross area of one floor, whichever is less, shall be used to conduct the home occupation. The appearance of a residential dwelling shall in no way be changed or altered in a manner which would cause the premises to differ from its residential character. . Activities resulting from the operation of a home occupation shall be conducted entirely within the enclosed area of a dwelling unit or storage, shall have no exterior storage of equipment or materials, and shall not include the exterior display of anything except signs permitted by Chapter 9 of the Zoning Code. e . Operation of any wholesale or retail business shall not be permitted unless conducted entirely by mail and does not included the sale, shipment, or delivery of merchandise on the premises. However, occasional sales shall be permitted when such occasional sales are incidental to and not the primary purpose of the home occupation. . Not more than four additional vehicle trips per day shall be generated by a home occupation. Any need for parking generated by the conduct of the home occupation shall be met off of the street only on the driveway of the dwelling or in the garage and shall be consistent with residential parking requirements. . No mechanical equipment or process shall be used which generates noise, fumes, odor, smoke, glare, vibration, electrical interference, waste, or puts strain on public utilities other than is reasonable for a residentially zoned district. . No home occupation shall cause to be violated any other applicable statute, ordinance, or regulation of the City or the State of Minnesota including the Minnesota State Building Code and Minnesota State Fire e Code. \\EarthIPlanninglMisc FileslZoning UpdatesINewBrighton _ Home_Occupation _Regs.doc S~Ul~ City of Shoreview Municipal Code Chapter 200. Development Regulations 207 Use Standards e 207.010 Accessorv Apartments. Accessory apartments must comply with the following standards: (A) The accessory apartment shall be clearly a subordinate part ofthe single- family dwelling. In no case shall it be more than thirty (30) percent of the building's total floor area nor greater than eight hundred (800) square feet nor have more than two (2) bedrooms. (B) The principal unit shall have at least 850 square feet ofliving space remaining after creation of the accessory apartment exclusive of garage area. Accessory apartments shall have at least 500 square feet ofliving space. Living space square footage for the accessory apartment shall be exclusive of utility rooms, common hallways, entryways or garages. Living space for the accessory apartment shall include a kitchen or cooking facilities, a bathroom and a living room. (C) No front entrances shall be added to the house as a result of the accessory apartment permit. (D) The house must be owner-occupied. e (E) A minimum of three off-street parking spaces must be provided, two of which must be enclosed. (F) The accessory apartment and principal unit must meet the applicable standards and requirements of the Shoreview's Development Code, Building Code, Ramsey County Health Codes and Fire Codes. (G) The building and property shall remain in single ownership and title and shall only have one mailing address. (R) Only one accessory apartment permit may be issued per detached single family home. 207.020 Home Occupations. Home occupations must comply with the following standards: (A)No signs shall be permitted on or off the premises. (B) No outdoor storage or display of materials shall be permitted. (C) No home occupation shall have an adverse affect on adjacent properties due to excessive traffic or offensive noise, light, odor, dust or other noxious e substances. If the home occupation will require a delivery service, such as Section 207. Use Standards 207-1 City of Shoreview Municipal Code Chapter 200. Development Regulations . UPS, no more than six delivery/pickup trips per week shall be permitted. Delivery vehicles shall not be larger than a typical step van. Customer visitation to the premises of the home occupation shall be by appointment only. (D) Adequate off-street parking must be provided for customers and for those who reside on the premises. All required parking spaces shall be located on an asphalt or bituminous surface, which is in character with the surrounding residential neighborhood. (E) Employment shall be restricted to persons who reside on the premises. (F) If customers will visit the premises, the areas accessible to customers shall comply with all applicable life safety codes. (G) The home occupation must be clearly accessory to the principal use of the structure as a dwelling unit. (H) There shall be no exterior evidence of the presence of the home occupation on the premises. . (I) The home occupation shall not occupy more than 20% of the dwelling unit's floor area. 207.030 Temporary Sales or Events. Temporary sales or events must comply with the following standards: (A) Health. Safetv, and Welfare. The proposed sale or event shall not cause a public nuisance because of noise, air pollution, traffic congestion, or failure to properly maintain the site. Any proposed temporary sale or event shall comply with all relevant building, fire, and safety codes. (B) Location. Temporary sales or events may be located on land associated with commercial, public, or quasi-public uses. Seasonal residential sales may only be permitted within residential districts. (C) Duration. Temporary sales by temporary vendors or established merchants may be permitted for up to seven (7) consecutive days. Seasonal residential sales are permitted for up to four (4) consecutive days. Seasonal sales of seasonal merchandise or sales are permitted for up to sixty (60) days. Carnivals or fairs may be permitted for up to seven (7) consecutive days. These durations should be considered maximums and permits issued may be approved for shorter durations if necessary to protect public health, safety, and . welfare. These durations may be extended by action of the City Council after review by the Planning Commission. Section 207. Use Standards 207-2 ---- ~;\lt commercial) equipment, material, seasonally used recreational vehicle or a seasonally driven vehicle or collectible, a hard surface is not required. . 14. Requirements For Districts Other Than R-I and R-2: Accessory buildings in districts other than R-I and R-2 districts shall be placed in the rear yards. (Ord. 1287,8-4-2003) 15. Building Permit Required: A building permit shall be required for all detached accessory buildings and a garden shed. A building permit application must include a site plan establishing all property lines and required dimensional setbacks, roof and surface drainage plan and building elevations. (Ord. 1246,2-12-2001) B. General Density Requirements, Exceptions and Credits: I. The total mirumum lot requirements for structures housing three (3) or more dwelling units in any R district may be reduced by one hundred (100) square feet per dwelling unit if the property involved is contiguous to a B or an I district. 2. The total minimum lot area requirements for structures housing three (3) or more dwelling units in any R district may be decreased by three hundred (300) square feet for each parking space that is provided under the principal use structure or, in some other manner, underground which allows use of the grade level above such space for other parking, yard or recreation space. (Ord. 1287,8-4-2003) C. General Lighting Regulations: Any illumination, whether affixed to a building or otherwise, within a lot in any R district shall not be permitted to beam beyond the lot lines wherein it is located. (Ord. 275, 5-12-1959; amd. 1990 Code; Ord. 1089,2-25- 1991; 1995 Code) D. Parking: Reserved, See Sections 1018 & 1004.12 (Ord. 1287,8-4-2003) E. Pre-existing Setbacks: If, after May 21,1959, existing houses on fifty percent (50%) or more of the frontage of any block have a predominant front yard different from . that herein specified, all buildings hereafter erected shall conform to the average front yard set-back of the two adjacent houses on the same side of the street, provided this regulation shall not be interpreted so as to require a front yard of more than forty feet (40') in depth. (Ord. 275, 5-12-1959) (Ord. 1287, 8-4-2003) F. Residence Relocations: I. Policy: It shall be the stated policy of the City to maintain a harmonious and high standard of residential development and to protect such areas from deleterious effects through ensuring that both new and relocated dwellings from other areas, both within the City and from outside, shall meet specified requirements. 2. Relocations Permitted On Condition: Relocations of dwellings shall be permitted in the zoning district where all necessary specifications as to lot sizes, setbacks, type of use, height regulations and all other conditions as laid down in this Title are met. (Ord.275,5-12-1959) 3. Relocation Permit Required; Application: a. Relocations, except to adjacent lotson the same side ofthe street, shall require a relocation permit utilizing the notice and hearing procedure set forth for condition use permits. b. The applicant shall provide a performance security to the City in an amount to be determined by the City Council. c. Chief Code Enforcement Officer shall provide a report to the City Council and after hearing the matter the City Council may grant or reject the issuance of a \ permit. (Ord. 1176, 1l-25-1996)(Ord. 1287,8-4-2003) G. Home Occupations: . I. Purpose: The purpose of the home occupation regulations is to provide an opportunity for home occupations, while ensuring that such home occupations do not have an adverse impact on the character and livability of the surrounding . neighborhood. The home occupation regulations also ensure that the home occupation is secondary and subordinate to the principal residential use ofthe property. 2. Standards: Home occupations shall be subject to the following standards: a. Home occupations shall only be conducted by the resident of the dwelling, and within the principal residential structure or dwelling. Not more than thirty percent (30%) of the floor area of the dwelling, to a maximum of six hundred (600) square feet, may be used for such purposes. The home occupation shall be conducted entirely within the dwelling. An accessory building shall not be used to operate a home occupation. b. Only the resident owner(s) or tenant(s) of the dwelling, and not more than one nonresident employee or full-time equivalent (FTE), shall be engaged in the conduct of the home occupation on the premises at any time. For purposes of this provision, "nonresident employee" shall include an employee, business partner, independent contractor, or other person affiliated with the home occupation who visits or works at the site as part of the home occupation. c. The home occupation shall be clearly incidental and secondary to the use ofthe dwelling for residential purposes. Exterior alterations or modifications that change the residential character or appearance of the dwelling to allow exterior business identity shall not be allowed. Interior alterations or modifications that eliminate the kitchen, living room, any of the bedrooms or bathrooms of the dwelling shall not be allowed. d. There shall be no exterior display or storage of equipment or materials used in the operation ofthe home occupation. . e. The required off-street parking for the residential use shall not be reduced or made unusable by the home occupation. The home occupation shall have a maximum oftwo (2) additional vehicles to be parked on or near the property at anyone time. f. Shipment or delivery of products, merchandise or supplies shall be by single rear axle straight trucks or similar delivery vehicles normally used to serve residential neighborhoods. g. Signage for the home occupation shall be subject to the requirements of subsection 1009.04Al ofthis Title. h. The operation of the home occupation, as it is apparent to adjacent residential uses and including the movement of business vehicles, shall begin no earlier than eight o'clock (8:00) A.M. and end no later than eight o'clock (8:00) P.M. i. There shall be no indication of offensive odors, noise, vibration, dust, or heat beyond the boundaries ofthe residential lot occupied by the home occupation. j. The following activities shall be prohibited as home occupations: (1) The operation of any wholesale or retail business unless it is conducted entirely by mail and does not involve the sale, shipment or delivery of merchandise on the premises. The sale of products incidental to the delivery of a service is allowed (such as the sale of computer discs by a computer software consultant). (2) Any manufacturing, stamping, grinding or power tool business. Motor vehicle repair, tuning, service, painting, or body shops. (3) The operation of a barber or beauty shop, except as allowed by conditional . use permit. (4) The sale, lease, trade, or transfer of firearms or ammunition by a firearms dealer. (5) Headquarters or dispatch centers where persons come to the site and are dispatched to other locations. (Ord. 1212, 10-12-1998) H. Repairs: There shall be no commercial automotive repairs on a lot in a residence district. (Ord. 758, 6-23-1975) . 1. Garage and Boutique Sales in Residential Districts: I. Restricted: Garage sales and residential boutique sales are permitted accessory uses in R-I, R-2, R-4, R-5 and R-6 Districts, but shall be limited to, three (3) 3- consecutive-day sales each calendar year per residential unit, and shall not exceed nine (9) total days in duration per year. No single sale shall exceed three (3) consecutive days in length. The maximum daily hours of operation shall be eight o'clock (8:00) A.M. to six o'clock (6:00) P.M. A residential boutique sale shall not occupy more than four hundred (400) square feet of a residential unit. J. Storage Space Requirement: A minimum of ninety six (96) cubic feet of miscellaneous storage space shall be provided for each dwelling in these areas: R-3, R-3A, R-4, R-5, R-6 and R-7, within the principal structure containing such unit. Such space shall be in addition to normal storage space provided in wardrobes, cabinets and clothes or linen closets. i K. Building Address Numbers: All principal structures shall be assigned an address i number, consistent with the city street numbering system, by the Chief Code Enforcement Officer. Prior to issuance of an occupancy certificate, each owner shall cause to be displayed said building address number either by attaching the numbers on the building and any required street-side mail boxes in a contrasting color or tone or such other conspicuous display which is clearly visible and legible from the public street as approved by the Chief Code Enforcement Officer. The number shall be displayed on the building at a height of five vertical feet (5 ') above the main floor entry door threshold, and within two horizontal feet (2 ') of the entry door; or if no door faces the street, on the wall facing and clearly visible from the street as . approved by the Chief Code Enforcement Officer. The number displayed on the building and on street-side mail boxes shall be at least four inches (4") in height, with a minimum Y2 inch stroke. Script or worded descriptions shall not be permitted. In addition to new buildings, substantial renovation projects shall include building address numbers meeting the requirements of this section. (Ord. 1287,8-4-2003) I . ~;~ &o.r ~ke . !j1302.120 ZONING CODE !j1302.120 91302.120 HOME OCCUPATIONS Subd. 1. Purpose. The purpose of this Section is to prevent competition with business districts and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health. saIety and general Welfare of the surrounding neighborhood. In addition, this Section is intended to provide a mechanism enabling the distinction between permitted home occupations and special or customarily "more sensitive" home occupations, so that permitted home occupations may be allowed through an administrative process rather than a legislative hearing process. Subd. 2. Application. Subject to the nonconforming use provision of this Section. all occupations conducted in the home shall comply with the provisions of this Section. This Section shall not be construed. however. to apply to home occupations accessory to farming. Subd. 3. Procedures and Permits. a) ReQistered Home Occupation. Any home occupation determined by the Zoning Administrator to meet the specific provisions of Section 1302.120. Subdivision 4 b). shall be considered a . registered home occupation. The Zoning Administrator is authorized to waive the formal permit requirements for a registered home occupation. The applicant shall register the home occupation with the city by submitting a letter of intent to the Zoning Administrator describing the nature ofthe home occupation and consenting to comply with all of the provisions for a registered home occupation and other applicable provisions of this Code. The home occupation shall be allowed to continue until such time as there has been a change in conditions or until such time as the provisions of this Section have been breached. At such time as the city has reason to believe that either event has taken place. the Zoning Administrator shall determine whether the applicant shall be required to make formal application lor a permit. (Ref. Ord. 908; 4/12/94 b) Permitted Home Occupation. Any permitted home occupation as defined in this Code shall require a "permitted home occupation permit". Such permits shall be Issued subject to the conditions of this Section. other applicable City Codes and State law. This permit may be issued by the Zoning Administrator or his agent based upon proof of compliance with the provisions of this Section. Application for the "permitted home occupation permit" shall be accompanied by a fee as adopted by the City Council. If the Administrator denies a permitted home occupation permit to an ap- plicant. the applicant may appeal the decision to the Planning Commission. The Planning Commission shall make a recommendation to the Council. which shall make the final decision. The permit shall remain in force and effect until such time as there has been a change in condi- tions or until such time as the provisions of this Section have been breached. At such time as the City has reason to believe that either event has taken place. a public hearing shall be held before the Planning Commission. The City Council shall make a final decision on whether or not the permit holder is entitled to the permit. . 1302.120.63 !j1302.120 ZONING CODE !j1302.120 . c) Special Home Occupation. Any home occupation which does not meet the specific requirements for a permitted home occupation as defined in this Section shall require a "special home occupation permit" which shall be applied for. reviewed and disposed of in accordance with the provisions of Section 1301.050 of this Code (Conditional Use). d) Declaration of Conditions. The Planning Commission and City Council may impose such conditions on the granting of a special home occupation permit as may be necessary to carry out the purpose and provisions of this Section. e) Effect of Permit. A "special home occupation permit" may be issued for a period of one (1) year after which the permit may be reissued for periods of up to three (3) years each. Each application for permit renewal shall. however. be processed in accordance with the procedural requirements of the initial "special home occupation permit". f) Transferabilitv. Permits shall not run with the land and shall not be transferable. g) Lapse of Special Home Occupation Permit bv Nonuse. Whenever within one (1) year after granting a permit the use as permitted by the permit shall not have been initiated. then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. Such extension shall be requested in writing and filed with the Zoning Administrator at least thirty (30) days before the expiration of the original permit. . There shali be no charge for the filing of such petition. The request lor extension shall state facts showing a good faith a.ttempt to initiate the use. Such petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision. h) Reconsideration. Whenever an application for a permit has been considered and denied by the City Council. a similar application for a permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six (6) months from the date of its denial unless a decision to reconsider such matter is made by a majority vote ofthe City Council. i) Renewal of Permits. An applicant shall not have a vested right to a permit renewal by reason of having obtained a previous permit. In applying for and accepting a permit, the permit holder agrees that his monetary investment in the home occupation will be fully amortized over the life of the permit and that a permit renewal will not be needed to amortize the investment. Each application for the renewal of a permit will be considered de novo without taking into consideration that a previous permit has been granted. The previous granting of renewal of a permit shall not constitute a precedent or basis for the renewal of a permit. (Ref. Ord. 908; 4/12/94) 1302.120.64 I . I I . ~1302.120 ZONING CODE ~1302.120 Subd. 4. Requirement. General Provisions. All home occupations shall comply with the following general provisions and according to definition, the applicable requirement provisions. a) General Provisions. 1) No home occupation shall produce light glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property. 2) No equipment shall be used in the home occupation which will create electrical interference to surrounding properties. 3) Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses. 4) No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and state fire and police recommendations. 5) There shall be no exterior storage of equipment or materials used in the home occupation, except licensed passenger vehicles used in the home occupation may be parked on site . provided they are in accordance to !}1302.030, Subd. 15, Exterior Storage and !}1302.050, Off-Street Parking Requirements. (Ref. Ord. 871, 6-9-92) 6) The home occupation shall meet all applicable fire and building codes. 7) There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling with the exception of directional and identifica- tion/business signs to the extent authorized by the City's Sign Code. 8) All home occupations shall comply with the provisions of the City Nuisance Ordinance. 9) No home occupation shall be conducted between the hours of 10:00 P.M. and 7:00 A.M. unless said occupation is contained entirely within the principal building and will not require anyon-street parking facilities. 10) Commercial vehicles utilized in the home occupation shall be stored according to Section 1302.030, Subd. 15, Exterior Storage, and Section 1302.050, Off-Street Parking Requirements. (Ref. Ord. 871,6-9-92) . 1302.120.65 ~1302.120 ZONING CODE ~1302.120 . b) Reauirements-Reaistered Home Occupation. The Zoning Administrator is authorized to waive the permit requirernent if the home occupation can be conducted subject to the following restrictions: 1) No goods or services shall be produced or provided which require customers or clients to visit the premises. 2) The home occupation shall be conducted entirely within the principal dweiiing. 3) No signs shall be permitted on or off the premises. 4) No person other than those who customarily reside on the premises shall be employed. 5) No commercial vehicles shall be utilized in conducting the home occupation, with the exception of pick up or delivery 01 materials by parcel deiivery services. 6) In addition to 1 through 5 above, the home occupation shall be conducted in compliance with the standards of Subdivision 4 a), General Provisions, of this Section. Where the provisions are found to conflict, the more restrictive standard shaii apply. (Ref. Ord. No. 908; 4/12/94) c) Reauirernents - Permitted Home Occupations. 1) No person other than those who customarily reside on the premises shall be employed. . 2) All permitted home occupations shall be conducted entirely within the principal dwelling and may not be conducted in accessory buildings. 3) Permitted home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway, where no vehicle is parked closer than fifteen (15) Ieet from the curb line or edge of paved surface. 4) Permitted home occupations include and are limited to: Art studio, contractor's offices, dressmaking, secretarial services, professional offices and teaching with musical, dancing and other instructions which consist of no more than one (1) pupil at a time and similar uses. (Ref. Ord. 871, 6/9/92) 5) The home occupation shaii not involve any of the foiiowing: repair service or manufacturing which requires equipment other than customarily found in a dweiiing; teaching which customarily consists of more than one (1) pupil at a time; over-the-counter sale of merchandise produced off the premises, except for those brand name products that are not marketed and sold in a wholesale or retail outlet. 1302.120.66 . . ~1302.120 ZONING CODE ~1302.120 d) Requirements - Special Home Occupation. 1) No person other than a resident shall conduct the home occupation, except where the applicant can satisfactorily prove unusual or unique conditions or need for nonresident assistance and that this exception would not compromise the intent of this Code. 2) Examples of special home occupations include: Barber and beauty services, contractor fabrication of materials being conducted in an accessory structure, photography studio, group lessons, saw sharpening, small appliances and small engine repair and the like. (Ref. Ord. 871, 6-9-92) 3) The special home occupation may involve any of the following: retail business, stock-in"trade incidental to the performance ofthe service, repair service or manufacturing which requires equipment other than customarily found in a home, the teaching of musical, dancing and other instruction of more than one (1) pupil at a time. 4) Special home occupations may be allowed to accommodate their parking demand through utilization of on-street parking. In such cases where on street parking facilities are necessary, however, the City Council shall maintain the right to establish the maximum number of on-street spaces permitted and increase or decrease that maximum number when and where changing conditions require additional review. . Subd. 5. Nonconforminq Use. Existing home occupations lawfully existing on the date of this Code may continue as nonconforming uses. They shall, however, be required to obtain permits for their continued operation. Any existing home occupation that is discontinued for a period of more than thirty (30) days, or is in violation of the Code provisions under which it was initially established shall be brought into conformity with the provisions of this Section. Subd. 6. Inspection. The City of White Bear Lake hereby reserves the right upon issuing any home occupation permit to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this Section or any conditions additionally imposed. . 1302.120.67 Planning Commission Meeting January 5, 1005 . Planning Commission Attachment SB - 3 . . . 330.03 Massage Therapy Establishments and Massage Therapists Subd. 1 Purpose. The purpose and intent ofthis Ordinance is to regulate Massage Therapy Establishments and Massage Therapists in order to protect and promote the public health, safety and welfare by: A. providing standards for education and training of Massage Therapists. B. providing a clean, sanitary, healthy and safe environment in which Massage Therapists can operate. C. requiring insurance coverage. D. recognizing massage therapy as a legitimate business occupation. Subd.2 Definitions. As used herein the following terms shall mean: A. "Massage Therapy" shall mean any method ofpressUfe on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or . devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, creme, lotion, ointment or other similar preparations. B. "Massage Therapist" shall mean any person who offers the service of massage therapy as part of a commercial transaction. C. "Massage Therapy Establishment" shall mean any place wherein massage therapy is conducted by a Massage Therapist. Subd.3 Prohibitions. Except as hereinafter provided, no person, party, firm or corporation shall: A. Act in the capacity of a Massage Therapist without first obtaining a license as hereinafter provided. B. Operate a Massage Therapist Establishment without first obtaining a license as hereinafter provided. C. Submit an application for a Massage Therapist or Massage Therapy Establishment License which contains false, inaccurate or misleading information. . D. Act in the capacity of a Massage Therapist or operate a Massage Therapy Establishment contrary to the provisions of this Chapter. Subd.4 Exemptions. The following people are exempt from compliance with the . provisions of this Chapter provided that they are rendering massage therapy within their scope of employment and at their normal place of business: A. Persons duly licensed in the State of Minnesota to practice medicine, surgery, osteopathy, chiropractic and physical therapy, podiatry and nursing; and individuals performing massage therapy under the direction of such persons. B. Athletic directors and trainers certified by the National Association of Athletic trainers; C. Beauty culturists and barbers, who do not give, or hold themselves out to give, massage therapy as defined herein, other than as is customarily given in such places of business for the purposes of beautification. Subd. 5 License Application and Fee. An application for a Massage Therapist or Massage Therapy Establishment shall be submitted on forms provided by the City Manager which shall be fully, truthfully and accurately completed. The license fee, as determined from time to time by Council Resolution, shall be submitted with the application. Licenses shall expire December 31 st of each year. . Subd.6 Law Enforcement Review. Upon receipt, the City Manager shall forward copies of all applications to the City's law enforcement agency. The City's law enforcement agency shall report, in writing, to the City Manager, as to any police record ofthe applicant which may reflect upon moral character or responsibility. Subd.? Requirements for Massage Therapist's License. A Massage Therapist shall: A. Be eighteen (18) years of age or older, verified by a birth certificate or driver's license. B. Have received a Comprehensive Certificate of Massage from a school recognized by the Minnesota Higher Education Board with a minimum of 500 class credit hours and is a member in good standing of the Minnesota Therapeutic Massage Network or the American Massage Therapy Association or other organizations possessing the same or similar standards and having an enforcement code of ethics. Subd. 8 Massage Therapy Establishment Restrictions. A Massage Therapy Establishment shall comply with the following regulations: . . . A. The premises shall comply with applicable Zoning, Fire, Health and Building Codes. B. The premises and equipment shall be clean, sanitary and well maintained. C. The holding of a license hereunder does not negate the requirement to hold other licenses or permits which may be applicable. D. No gambling shall be permitted on the licensed premises. E. No alcoholic beverages shall be allowed on or permitted to be brought onto the licensed premises. F. No person who is visibly under the influence of alcoholic beverages or drugs shall be allowed on the licensed premises. G. No person shall be permitted to engage in disorderly conduct on the licensed premises and the licensee shall obey any reasonable order of the City's law enforcement agency to terminate or prevent such disorderly conduct. . H. Licensees shall comply with City, County, State or Federal laws, rules and regulations which are applicable to the licensed premises. I. The licensed premises shall be closed between the hours of 10:00 p.m. and 6:00 a.m. J. There shall be a waiting room for patrons which is separate from any area wherein massage therapy is performed. K. Licensee shall permit inspections during regular business hours by the City's law enforcement agency, building inspector, or appropriate fire or health officials to determine compliance with the city regulations or other appropriate state or county regulations. Sllbd.9 Massage Therapy Home Occupation Restrictions. A Massage Therapy Home Occupation shall comply with the following regulations: A. The premises shall comply with applicable Zoning, Fire, Health and Building Codes. B. The premises and equipment shall be clean, sanitary and well maintained. C. The holding of a license hereunder does not negate the requirement to hold other licenses or permits which may be applicable. D. No gambling shall be permitted on the licensed premises while customers . of the home occupation are on the premises. . E. No alcoholic beverages shall be allowed on or permitted to be brought . onto the licensed premises by customers ofthe home occupation. Nor shall alcoholic beverages be offered to or provided to the customers of the home occupation. F. No person who is visibly under the influence of alcoholic beverages or drugs shall be allowed on the licensed premises. G. No person shall be permitted to engage in disorderly conduct on the licensed premises and the licensee shall obey any reasonable order of the City's law enforcement agency to terminate or prevent such disorderly conduct. H. Licensees shall comply with City, County, State or Federal laws, rules and regulations which are applicable to the licensed premises. I. The licensed premises shall be closed between the hours of 10:00 p.m. and 8:00 a.m. on weekdays and shall be closed between the hours of6:00 p.m. and 10:00 a.m. on weekends. J. Customer appointments shall be scheduled so that there shall not be a need for a waiting room. If a waiting room is determined to be necessary it shall be separate from any area wherein massage therapy is performed. K. Licensee shall permit inspections of the home occupation area during regular business hours by the City's law enforcement agency, building inspector, or appropriate fire or health officials to determine compliance with the city regulations or other appropriate state or county regulations. . L. Licensee .shall comply with all other parts ofthis code unless otherwise stated. M. Licensee shall comply with the conditions of the Special Use Permit establishing the Massage Therapy business as a home occupation. Subd. 10 Display of Permits. The license of the Massage Therapy Establishment and of every Massage Therapist employed thereby, shall be displayed in an open and conspicuous place on the premises and shown to law enforcement officers upon request. Subd. 11 Changed Conditions. All licensees must notify the City Manager, in writing, as soon as practicable, but in no event later than ten (10) days, of each and every material change in circumstances with respect to material and information contained in or a part of the license application. Subd. 12 Insurance. Massage Therapist Licensees must have and maintain in full force and effect, during the license period, a policy of liability and malpractice insurance issued by an insurance company licensed to do business in the state of Minnesota covering death, personal injury and property damage in the minimum amount of Three Hundred Thousand ($300,000) Dollars per person and per occurrence. . . ~ ~HlLLS MEMORANDUM DATE: January 5, 2005 PC Agenda Item s.e TO: Planning Commission FROM: Peter Hellegers, City Planner SUBJECT: Athletic Field Signage Update Background As discussed at the December Planning Cotmnission meeting, Mounds View School . District has inquired about using temporary baIl11er signs that could be tied to the fences around the MVHS football/track stadium. The direction of the Planning Commission was to review what other communities have done to address similar requests and provide potential code language. Staff contacted several metro cities and received responses from approximately six of these communities. Of the communities surveyed there were a range of responses to this matter. Two of the communities indicated that ball field signage was not allowed, and any change would require an amendment to the ordinance. (Of those two communities, Shoreview did not allow athletic field fence panel signage however they did allow one sponsor panel not to exceed 12 square feet to be attached to the bottom of a scoreboard). Two other communities responded that they did not have specific language to address ball field signage. Blaine was one of these communities; they indicated that the school districts regulated signage at school district sports fields; however signage at private fields would require a Conditional Use Permit. Roseville also indicated that they did not have any specific regulations for ball field signage, but that a request for ball field signage would require the approval of the City Council. Finally, New Brighton did not have any specific language for ball field signage; however this is something that could be done through a Comprehensive Sign Plan. . The Comprehensive Sign Plan is established through a process like a CUP/SUP/PUD and is prescriptive to the particular development what the sign standards should be for that development. This method may require other changes to the Zoning Code to enable the creation of Comprehensive Sign Plans. Unfortunately, due to just . receiving an example of the Comprehensive Sign Plan the last week in December there was not time to create language in time for the January meeting. Attached are the current City Sign Ordinance and three potential revisions which could address the MVHS signage inquiry. Since there was basically no existing code language regarding these items from the cities, there was not much for staff to compare this draft language to. Staffs recommendation would be to bring this item back with more material to the February meeting as a continued discussion item. However if the Planning Commission determines that one of the attached versions (with or without certain changes) is the preferred method, then staffwiII schedule a public hearing for the February meeting and bring back the preferred language as amended. Discussion Ouestions . Should the Sign Ordinance be changed in the manner of versions I, 2, or 3? . Should signage at sports fields be something allowed through the standard City Sign Permit process (it's allowed if it meets criteria of the Sign Ordinance, requires completed application, application fee, and drawings, etc.)? . Should signage at sports fields be permitted only after the issuance of a . Special Use Permit? Should one style require a Special Use Permit versus another being allowed through a Sign Permit? . I I L_ . . Current Si2n Ordinance . CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA . ORDINANCE NO. 333 AN ORDINANCE REGULATING SIGNAGE STANDARDS WITHIN THE CITY OF ARDEN HILLS 333.1 Recitals. This Ordinance shall be known, cited and referred to as the Arden Hills Sign Ordinance, except as referred to herein, where it shall be known as "this Ordinance" 333.2 Purpose and Intent. Regulations governing signs are established to allow effective signage appropriate to the planned character of each district, to promote an attractive i , environment, to minimize adverse effects on nearby property, and protect the public health, safety, and welfare. 333.3 Scope of Rel!ulations. The sign regulations set forth in this Ordinance shall apply to all structures and all land uses. This Ordinance describes the signage standards for permitted and conditional uses in the nine special sign districts that overlay the zoning districts of the City. Specific additional regulations are established for signs which are unique in purpose and not easily addressed by district regulations. No person shall place, erect or maintain a sign, nor shall a lessee or owner permit property under their control to be used for such sign, which does not conform to the requirements ofthis Ordinance, and all other applicable regulations. 333.4 Exempt Sil!ns. The following signs shall be exempt from the regulations of this . Ordinance. A. Official public notices or warning signs required by local, state or federal law, including but not limited to traffic control and other regulatory purpose SIgnS. B. Any sign located inside a building that is not legible from more than 3 feet beyond the property line of the parcel or lot the sign is located on. e. Religious symbols attached to institutional buildings, provided such symbols shall not be illuminated and do not extend above the uppermost part of the face of the building they are attached to. D. Any temporary for sale or for rent sign that advertises the sale or rental of residential premises upon which the sign is located as long as the sign is not illuminated and does not exceed 24 square feet in area or 4 feet in height, or the height permitted for an auxiliary sign in that sign district, if greater. "For Sale" or "For Rent" signs on non residential properties shall be regulated as provided in the section "Special Sign Types" E. Any sign display or device allowed under this section may contain, in lieu . of other copy, any otherwise lawful noncommercial message that does not direct attention to a business operated for profit, or to a commodity or Ordinance 333 Page t service for sale, and that complies with the size, height and lighting requirements of this section. . F. Any political campaign sign in compliance with Minnesota Statute 211B.045. G. Any sign placed within the right of way of a roadway with the permission and approval of the roadway authority 333.5 Prohibited Sil!:ns. The following signs shall be prohibited in all zoning districts. A. Signs with moving or swinging parts. B. Flashing signs, except when used to provide primarily time and temperature or other public service information and not to exceed 25% of the area of the sign face. c. Roof signs, a sign mounted on the roof of a building or on a parapet wall D. Projecting signs, a sign, other than a wall sign, that is attached to and projects from the building fa<;ade E. Off premise, billboard or advertising signs, or any sign that directs attention to a business, service, product or event not related to or on the . premises where the sign is located. F. Product signs G. Any sign not constructed, wired, assembled, attached or supported in conformance with applicable building or other codes and regulations. H. Any sign not specifically permitted in this section. 333.6 Rel!:ulation bv Sil!:ll District. For the purpose of regulation of signs, the following nine sign districts are adopted. A. All residential properties zoned R-l or R-2 B. All non residential uses in any residential, R-I through R-4, zoning district c. All residential properties zoned R-3 and R-4 D. All properties fronting on Cty Rd E east ofHwy 51 E. All properties fronting on Lexington Avenue South on 694 F. All properties zoned for commercial or industrial use fronting on . Lexington Avenue north of 1694, Hwy 96, or located in a B-1 zoning district. Ordinance 333 Page 2 - G. All properties in the I Flex, Gateway Business, or other commercial or industrial district without frontage on an roadway designated above H. All properties zoned Neighborhood Business . L The parts of the TCAPP area not fronting on Hwy 96 333.7 Permitted Sign Type, Area, Height, and Illumination by Sien District. All signs, unless specifically regulated in Table I, Special Sign Types, shall conform to the applicable standards in the following Table One: Sign Standards by Sign District. 333.8 Definition of Permitted Sien Types and Liehtine. Subd. 1. Sien Types. A. Wall Sign. A sign mounted parallel to the building facade. Wall signs may not extend more than 18 inches from the wall they are attached to. E. Freestanding Sign. A self supporting sign on poles, standards or any other base anchored to the ground. No more than one freestanding sign is permitted on any site. See the special design requirements for freestanding signs in the Lexington Avenue Commercial Sign Overlay District in Table I. Freestanding signs must be must located to provide at least a 1 foot setback from any property line. If the bottom edge of the sign copy is not . located more than 10 feet above the ground with supports that do not encroach on the clear vision of approaching traffic from any exit from the site, the sign must be located to preserve the following clear vision area: The clear vision area shall be an area within a triangle created beginning at the intersection of the mid point of the driveway and the curb or edge of pavement line of the street, and extending 35 feet in the direction of approaching traffic and 25 feet toward the interior of the property, and then a line connecting these two points. C. Projecting Sign. A sign, other than a wall sign, that is attached to and projects from the building facade. Projecting signs are not permitted. D. Roof Sign. A sign mounted on the roof of a building or on a parapet wall. Roof signs are not permitted. E. Auxiliarv Sign. A sign solely providing direction for internal circulation, parking or entry, restrictions on parking, or security warnings. 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'""d ...., I -<: :<:S .... -<: -<: :<: .S u -<: = .S ~ z:! - ;; r..... : x ;:< 1:: U r-- x ;< 11 =- x ;< .E _ -:::: a3 =s -:::: m ::~',; -;: ro ~ OJ) ro ~ ell..... ro <Ii bl) '" d) ~ .,,:i" ;;' iF" ~::E::E;J ~ ~ ::E ::E ;J ~ ::E ::E ;J g ~ '" oi; ~ '" ~ "--j../ .. .. .. . ~ ~ ~ " << ~~e " Subd. 2. Sil!n Lil!htinl!. . A. Not Permitted. The sign is neither lighted internally nor has a specific source of light directed at it. It depends on the general illumination in the area for its lighting. B. External. The sign is illuminated by means of external light fixtures directed at the sign. c. Internal. The sign is illuminated by a light source located inside of the sign. Only the letters or other symbols are illuminated within an opaque background. This includes neon and or channel letter signs. D. Backlit. The message is applied to a translucent panel, through which light is directed from a source behind the sign face, illuminating the copy and background of the sign. 333.9 Allocation of Permitted Sil!n Type and Area and Provisions for Multi-Tenant Developments and Sites. In multi tenant buildings or sites the permitted sign area and sign types, except for permitted freestanding signs, may be installed by each individual business establishment that has exclusive use of some portion of the street or otherwise primary level of the building and direct access to the outside. Tenants located on the street or other wise primary level in a center with a common mall or atrium shall be considered to have direct access to the outside for the purpose of this section. The management and ownership of any business establishment proposing to install signage must be separate and distinct from the management and ownership of any other establishment in the same building or on the same building lot. Each establishment must be separated from all other . establishments by party walls having no openings or passages. Signage for establishments occupying a multi tenant building or site, but not located on the street or primary level of the building must be provided from the allocation of sign area and type to the occupants of the street or primary level ofthe building. Only one freestanding sign is permitted for each development or parcel whether occupied by a single or by multiple tenants. In the case of multiple tenant sites, the permitted freestanding sign area in Section 333.8 "Table One Standards by Sign District" for the single permitted freestanding sign must be allocated by the owner of the site among its tenants. 333.10 Temporary Sil!ns. Temporary signs, including streamers and pennants, are permitted for a total of 30 days per calendar year. Freestanding Temporary Signs are permitted only in districts (on the matrix) where freestanding signs are permitted and freestanding temporary signs are not permitted when a permanent freestanding sign is located on the same lot. The area of any temporary sign shall be one half that allowed in Section 333.8 for a permanent sign of that type in that district. 333.11 Sil1.n Standard Adjustments. Adjustments to the requirements and standards for the height, number, type, lighting, area or location of a sign or signs established by this ordinance may be approved through the Site Plan Review process if the following qualifying criteria of A or B, and the necessary criteria of C, are met: A. There are site conditions which require a sign adjustment to allow the sign to be . reasonably visible from a street immediately adjacent to the site; Or, Ordinance 333 Page 6 B. The sign adjustment will allow a sign of exceptional design or a style that will enhance the area or that is more consistent with the architecture and design of the site; And, after C. finding positively on condition A or B above, . The sign adjustment will not result in a sign that is inconsistent with the purpose of the zoning district in which the property is located. 333.12 Special Sil!.n Types. Subd. 1 Service Area Canopy Siens. Each edge of a service area canopy facing a street is permitted 25 square feet of sign area in addition to all other sign area permitted on the site. Such signage may be illuminated externally, internally, or backlit, but no other part of the face of the canopy shall be illuminated. Subd. 2. Awnine or Sun Canopy. Awning or sun canopy: No part may be less than 8 ft. or greater than 12 ft above grade. Any sign area on the awning, if illuminated, will be deducted from the permitted wall sign area. The fabric or material used for the awning or canopy must be opaque and no internal illumination is permitted. Subd.3. Desien of Freestandine Siens. Design of Freestanding Signs in the Lexington Avenue South of 694 Sign District. Freestanding signs in this Sign District may not be supported by poles or columns. They must be monument type ground signs with with the copy resting on and supported by a solid base of brick or rock faced block in a color similar to or complementary to the main structure on the site. The material of the base must extend at least one halfway up the sides of the sign face. Subd. 4, Commercial Real Estate Siens. For Sale or For Rent signs on commercial or industri_ properties, whether attached to the wall or freestanding are permitted as part of the unused sign ar allocated to the site. No freestanding for sale or for rent signage is permitted except as part of or attached to the permitted freestanding sign or signs on the site. If adequate unallocated sign area is not available, temporary signage may be attached to the wall or an existing freestanding sign as regulated in Section 333.10 Temporary Signs. 333.13 Maintenance and Repair. All signs shall be kept in good repair and free from peeling paint, rust, damaged or rotted supports, framework or other material, broken or missing faces or missing letters. Any structure from which a sign has been moved or removed shall be repaired with materials and/or painted or stained to match the existing background. A. Activities considered normal maintenance and repair and not requiring a sign permit from the City shall include activities such as replacing lamps, replacing ballast in freestanding signs, replacing transformers in building signs, painting the pole of freestanding signs and the cabinet of freestanding or building signs, replacing or repairing the sign face, including H-bars and retainers behind the face, replacing trim and replacement of sign fasteners, nuts and washers. B Activities not considered normal maintenance and repair and requiring a sign permit from the City and that shall require that a nonconforming sign be brought into conformance with all requirements of this chapter include: . Ordinance 333 Page 7 !. Changes made to the size, height or bulk of the sign or the removal of the sign for the repair or replacement of the cabinet or any part thereof, not . including the face, or addition of illumination 2. Changes in poles, structural supports, bases or shrouds, footings or anchor bolts, moving the sign for any reason, change or replacement of the interior or exterior cabinet frame and removal of any part of the sign for maintenance, except the sign face. C. A sign permit in addition to a building permit is required and will be issued for any placement or installation of a new sign, temporary or permanent, or for any maintenance activity that requires a sign permit, after application for such permit on a form provided by the City along with any plans, certifications or other attachments requested by the City, and the finding by City Officials the application is in conformance with the regulations of this section. Effective Date. This ordinance will take effect and be in force after its passage and official publication. Adoption Date. Passed by the Arden Hills City Council this 26th day of November, 200!. -'TTEST: Deunis Probst, Mayor - Joseph Lynch, City Administrator . Ordinance 333 Page 8 . Si2n Ordinance Chan2es Version 1 - . MVHS temporary banner siJ!ns exeml!1. . service for sale, and that complies with the size, height and lighting requirements of this section. . F. Any political campaign sign in compliance with Minnesota Statute 211B.045. G. Any sign placed within the right of way of a roadway with the permission and approval of the roadway authority. H. Temvorarv sponsorshiv banner si"ns used at the Mounds View Hi"h School Football/Track field durin" the Football/Soccer/or Track seasons, the face of such si"ns should face the track/field. 333.5 Prohibited SieDs. The following signs shall be prohibited in all zoning districts. A. Signs with moving or swinging parts. B. Flashing SIgnS, except when used to provide primarily time and temperature or other public service information and not to exceed 25% of the area of the sign face. c. Roof signs, a sign mounted on the roof of a building or on a parapet wall D. Projecting signs, a sign, other than a wall sign, that is attached to and . projects from the building fayade E. Off premise, billboard or advertising signs, or any sign that directs attention to a business, service, product or event not related to or on the premises where the sign is located. F. Product signs G. Any sign not constructed, wired, assembled, attached or supported in conformance with applicable building or other codes and regulations. I. Any sign not specifically permitted in this section. 333.6 ReeulatioD bv SieD District. For the purpose ofregulation of signs, the following nine sign districts are adopted. A. All residential properties zoned R-I or R-2 B. All non residential uses in any residential, R-I through R-4, zoning district C. All residential properties zoned R-3 and R-4 D. All properties fronting on Cty Rd E east ofHwy 51 . E. All properties fronting on Lexington Avenue South ofl694 Ordinance 333 Page 2 . 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The sign adjustment will allow a sign of exceptional design or a style that will enhance the area or that is more consistent with the architecture and design of the site; And, after c. finding positively on condition A or B above, . The sign adjustment will not result in a sign that is inconsistent with the purpose of the zoning district in which the property is located. 333.12 Special Sien Types. Subd.] Service Area Canopy Siens. Each edge of a service area canopy facing a street is permitted 25 square feet of sign area in addition to all other sign area permitted on the site. Such signage may be illuminated externally, internally, or backlit, but no other part of the face of the canopy shall be illuminated. Subd.2. Awnine or Sun Canopy. Awning or sun canopy: No part may be less than 8 ft. or greater than 12 ft above grade. Any sign area on the awning, if illuminated, will be deducted from the permitted wall sign area. The fabric or material used for the awning or canopy must be opaque and no internal illumination is pennitted. Subd. 3. Desien of Freestandine Siens. Design of Freestanding Signs in the Lexington Avenue South of 694 Sign District. Freestanding signs in this Sign District may not be supported by poles or columns. They must be monument type ground signs with with the copy resting on and supported by a solid base of brick or rock faced block in a color similar to or complementary to the main structure on the site. The material of tbe base must extend at least one half way up the sides of the sign face. Subd. 4. Commercial Real Estate Siens. For Sale or For Rent signs on commercial or industri_ properties, whether attached to the wall or freestanding are permitted as part of the unused sign are allocated to the site. No freestanding for sale or for rent signage is permitted except as part of or attached to the permitted freestanding sign or signs on the site. If adequate unallocated sign area is not available, temporary signage may be attached to the wall or an existing freestanding sign as regulated in Section 333.] 0 Temporary Signs. Subd. 5. Temporarv Sponsorship Banner Sifms at Institutional Sports Fields. Institutional ball fields in the R-1. R-2. R-3. B-1. I-I. or GB may be permitted (alt: "permiited after issuance of a Special Use Permit") to have temporary sponsorship banner sirms attached to the fences of the ball field. The intent of such sirmafIe is to recormize sponsors of the institutional sports profIrams (includinfI: the Mounds View School District. Bethel University. Northwestern CollefIe. and Little Leaf!Ue: and expressly excludinfI individual team sponsors of intramural sports fIroups which are not considered institutional sports vrof!rams). Such sifIns shall face the fieid of plav so that the impact of the sifInafIe is directed to onlv those utilizinfI the field or watchinfI the sportinfI event. and not surroundinfI property owner. SifIns should not exceed 10 square feet each. nor should the total temporarv sponsorship banners exceed 80 square feet total. Temporarv sponsorship banner sif!ns should not be displayed for more than 90 consecutive days or more than 180 days durinfI the calendar year. 333.13 Maintenance and Repair. All signs shall be kept in good repair and free from peeling paint, rust, damaged or rotted supports, framework or other material, broken or missing faces or missing letters. Any structure from which a sign has been moved or removed shall be repaired with materials and/_ painted or stained to match the existing background. Ordinance 333 Page 7 . . Si2D Ordinance ChaD2es Version 3 -- . &1ecial Regulations for Sports Field TemporayWonsorship Banner Signs, Scoreboard Signs, and Stadium Naming Signs . -------- . B. The sign adjustment will allow a sign of exceptional design or a style that will enhance the area or that is more consistent with the architecture and design of the site; And, after finding positively on condition A or B above, . C. The sign adjustment will not result in a sign that is inconsistent with the purpose of the zoning district in which the property is located. 333.12 Special Sil!n TVpes. Subd. 1 Service Area Canopy Si2ns. Each edge of a service area canopy facing a street is permitted 25 square feet of sign area in addition to all other sign area permitted on the site. Such signage may be illuminated externally, internally, or backlit, but no other part of the face of the canopy shall be illuminated. Subd. 2. Awninl! or Sun Canopy. Awning or sun canopy: No part may be less than 8 ft. or greater than 12 ft above grade. Any sign area on the awning, ifilluminated, will be deducted from the permitted wall sign area. The fabric or material used for the awning or canopy must be opaque and no internal illumination is permitted. Subd.3. Desil!n of Freestaudinl! Sil!ns. Design of Freestanding Signs in the Lexington Avenue South of 694 Sign District. Freestanding signs in this Sign District may not be supported by poles or columns. They must be monument type ground signs with with the copy resting on and supported by a solid base of brick or rock faced block in a color similar to or complementary to the main structure on the site. The material of the base must extend at least one half way up the sides of the sign face. Subd. 4. Commercial Real Estate Sil!ns. For Sale or For Rent signs on commercial or industri_ properties, whether attached to the wall or freestanding are permitted as part of the unused sign area allocated to the site. No freestanding for sale or for rent signage is permitted except as part of or attached to the permitted freestanding sign or signs on the site. If adequate unallocated sign area is not available, temporary signage may be attached to the wall or an existing freestanding sign as regulated in Section 333.10 Temporary Signs. Subd. 5. Temporarv Sponsorship Banner Sif!ns at Institutional Sports Fields. Institutional ball fields in the R-1. R-2. R-3. B-1. 1-1. or GB mav be permitted (alt: "vermitted afier issuance of a SDecial Use Permit") to have temporary sDonsorshiv banner sivzs attached to the fences of the ball field. The intent of such Sif!1lai!e is to recoi!nize svonsors of the institutional sDorts DrOi!rams (includinf!; the Mounds View School District. Bethel Universitv. Northwestern Collef!e. and Little Leaf!Ue; and exoresslv excludini! individual team sponsors of intramural sports i!roups which are not considered institutional sports prof!Yams). Such sivzs shall face the field of plav so that the impact of the sif!nai!e is directed to onlv those utilizinf! the field or watchini! the sportini! event. and not surroundini! oropertv owner. Sif!ns should not exceed 10 sQuare feet each. nor should the total temporary sponsorship banners exceed 80 SQuare feet total. Temporarv sponsorship banner sii!ns should not be displaved for more than 90 consecutive davs or more than 180 davs durini! the calendar vear. Subd. 6. Permanent Scoreboard Sif!naf!e at Institutional Sports Fields Institutional ball fields in the R-1. R-2. R-3. B-1. 1-1. or GB mav be permitted (alt: "permitted afier issuance of a SDecial Use Permit ") to have permanent scoreboard sif!nai!e at institutional sports fields. The intent of such sif!nai!e is to allow reco nition s onsors 0 the institutional sorts ro rams includin . the Mounds Vi School District Bethel Universi Northwestern Colle e and Little Lea e. and e ressl excludi individual team sponsors of intramural sports i!rOUDS which are not considered institutional sports Ordinance 333 Page 7 proflrams) which is clearlv secondary to the overall appearance of the scoreboard. Such sims shall face the field of plav so that the impact of the siflnafle is directed to onlv those utilizinfl the field or . watchinfl the sportinfl event, and not surroundinfl property owner. Scoreboard simafle shall not exceed 50% of the total scoreboard area, nor shall anv one scoreboard si>m exceed 25% of the total scoreboard. Subd. 7. Permanent Field Naminf! Sif!naf!e at Institutional Sports Fields. Institutional ball fields in the R-1, R-2, R-3, B-1, 1-1, or GB mav be permitted (alt: "permitted arier issuance of a Special Use Permit") to have permanent field name siflnafle at institutional sports fields. The intent of such siflnafle is to allow recoflnition for those who purchase naminfl riflhts for sports fields of the institutional sports orov-ams (includinfl: the Mounds View School District, Bethel University, Northwestern Collefle, and Little Leaf!Ue: and expresslv excludinfl individual team sponsors of intramural sports flroups which are not considered institutional sports oroflrams). Such SiflnS shall be permanent in nature and shall not be lit bv a direct liflhtinfl source. Field naminfl siflns mav be entrance flate style sifln, si>mafle affIXed directlv to a press boxkrandstand, or siflnafle constructed on the Scoreboard and such si>mafle must be constructed of durable materials (finished metal, finished wood, plastic). The siflnafle area of the entrance flate siflns shall not exceed 30 square feet, the siflnafle area of oress box/v-andstand siflnafle and field name scoreboard si>mafle shall not exceed 80 square feet. 333.13 Maintenance and Repair. All signs shall be kept in good repair and free from peeling paint, rust, damaged or rotted supports, framework or other material, broken or missing faces or missing letters. Any structure from which a sign has been moved or removed shall be repaired with materials and/or painted or stained to match the existing background. . A. Activities considered normal maintenance and repair and not requiring a sign permit from the City shall include activities such as replacing lamps, replacing ballast in freestanding signs, replacing transformers in building signs, painting the pole of freestanding signs and the cabinet of freestanding or building signs, replacing or repairing the sign face, including H-bars and retainers behind the face, replacing trim and replacement of sign fasteners, nuts and washers. B Activities not considered normal maintenance and repair and requiring a sign permit from the City and that shall require that a nonconforming sign be brought into conformance with all requirements of this chapter include: I. Changes made to the size, height or bulk of the sign or the removal of the sign for the repair or replacement of the cabinet or any part thereof, not including the face, or addition of illumination 2. Changes in poles, structural supports, bases or shrouds, footings or anchor bolts, moving the sign for any reason, change or replacement of the interior or exterior cabinet frame and removal of any part of the sign for maintenance, except the sign face. c. A sign permit in addition to a building permit is required and will be issued for any placement or installation of a new sign, temporary or permanent, or for any maintenance . activity that requires a sign permit, after application for such permit on a form provided by the City along with any plans, certifications or other attachments requested by the City, Ordinance 333 Page 8 , e ~ ~HILLS MEMORANDUM DATE: January 5,2005 PC Agenda Item S.D TO: Planning Commission FROM: Peter Hellegers, City Planner @) SUBJECT: Discussion on Front Porches ~ Design Standards and Setback Exceptions Background e Staff has received several telephone calls from residents inquiring about adding porches onto their homes. Currently, porches would be permitted if they either met the front setback or did not extend beyond 3 feet into the front, side or rear setback (in no case can the setback be less than 6 feet to these encroachments). This setback exception currently applies to structural items like: eaves, cantilevered areas, cornices, canopies, awnings, decks, balconies, steps, ramps, fire escapes and chimneys. Not only does this exception not allow much space for porches, on homes that currently meet the front setback, it barely provides enough space for people approaching a front door (without having to back down the steps). Recognizing that front porches can offer a welcoming presence for homes and better curb appeal, the City of Richfield created a mechanism within their codes to allow porches to be counted as setback exceptions (similar to the ones discussed above), but required staff review and established specific design criteria. Attached is a copy of some material from Richfield regarding front porches. Staff has also included what the language may look like if the Arden Hills Zoning Ordinance were amended to include such language. Discussion Ouestions . Should the City pursue amending the Zoning Ordinance to include setback exceptions for front porches? . Should the existing language be maintained and porches allowed only if the meet e the current regulations? I I Attachments e I) Sample of Richfield Front Porch handout. 2) Draft language using Richfield standards, incorporated to fit the Arden Hills Zoning Ordinance. e e . Planning Commission Meeting January 5, 2005 Planning Commission . Attachment 5D - 1 . ___0- ----._- dd ____~. ---~- Sheet . Addinq A Front Porch Tip Why Should I add a porch onto my home? A well-designed porch can do the following for your home: . Increase its value and improve its .street appeal" . Provide a transition space from the public street to the privacy of your home . Provide a gathering place for neighbors . Provide for a welcoming, sheltered entry . Provide an opportunity to add architectural detail to the front of your home. A well-designed porch can also do the following for your neighborhood and community: . Create a more interesting streetscape . Increase activity to the street side of the neighborhoods . Encourage social interaction between neighbors, which helps to strengthen the neighborhood and the entire community . Allow for the casual supervision of the street and adjacent homes, which creates safer neighborhoods My house is located 30 feet from the front property line; how can I add on a front porch? I thought there were rules about adding to the front of my house? . The Richfield Zoning Ordinance requires houses be set back 30 feet from the property line. In the past, unless you had extra room in your front yard, you were limited to a six- foot, uncovered landing and steps. The City recently changed the rules so that you can add a porch that extends up to 10 feet from the house as long as it is no closer than 20 feet from your front property line, and as long as it meets design requirements. What are the requirements I need to follow to build a porch within the 30-foot front setback? . The porch can extend no more than 10 feet . The porch can be no closer than 20 feet to the .front property line (the street is not the property line; the property line is usually located 12 - 13 feet behind the curb). . The design of the porch needs to be consistent or complementary to that of the house. This includes the types and colors of materials used. . The roof of the porch must be integrated with or carefully imitate the roof 01 the dwelling. . The roof must have at least a 3/12 slope (it can't be flat). . The base of a porch can't be open; it has to have an appearance that is consistent with and blends in with the dwelling. . 1\ is possible to add screens or combination windows on a porch addition, but 65 percent of the facade must be open to or consist of transparent materials such as screens. . The regulations are designed to allow front porches, not front additions that add another room to the house or expand an existing room. Such additions do not meet design requirements. . ---- -_.---------~- _Richfielc:l.Redlscovered New Lift For Old Homes Ques~ons? Call1he Remodeling Advisor at 612-861-9772 www.ci.richjield.mn_us ---- e Tip Sheet #31 Adding A Front Porch 2 The Community Development Director will determine whether or not a porch meets these design requirements. What do I need to do to get a permit for a front porch? 1. Determine how much buildable area exists in the front yard . Locate your property irons and develop a site plan that shows the location of your house and property lines with all relevant dimensions clearly marked. . You may want to have a certificate of survey done. It costs money, but it can save you problems later. The City sometimes has old surveys on file in its Inspection Division. If you are using an old survey, you should confirm ~s accuracy by locating your property irons and measuring the conditions on your property. 2. Contact an arch~ect and/or builder to begin developing plans. If you don't use an architect to design the porch plans, you may need to review your plans with the city's Design Advisor. You can start this process by meeting with the c~y's Remodeling Advisor (612-861-9772). He can provide assistance with developing ideas, finding a contractor, financing the project and other parts of the remodeling process. He can refer you to the Design Advisor, if necessary. 3. Optional Step: Subm~ preliminary plans to the Community Development . Department for review. This may save time later if you get staff feedback before you get too far in the process. 4. Submit a building permit application to the Inspections Division along w~h two (2) sets of the following: construction plans, site plans, and building elevations. . The plans will be sent to the Community Development Department for review . The plans will be reviewed by an Inspector . It is important that you or your builder/architect submit complete plans with detailed information; the review process can go much quicker if the plans include all the information that staff needs to conduct their review . II you met with the city's Design Advisor, you should indicate how his or her suggestions were incorporated into the porch design . Be prepared for the fact that the additional review can add to the amount of time needed to review plans 5. Respond to any comment, questions or changes requested by the Community Development Department or Inspections Division. 6. Once you have received approval from the Community Development Director and a building permit from the Inspections Division, you can start construction. My house has "extra" room in front, and I don't plan on building my porch any closer than 30 feet to the front property line. Do I have to follow the same rules and process? No. If your porch doesn't infringe on the front setback, you or your builder can just apply for a building permit as usual. Remember that you'll need to show the Building Inspector . where your properly lines are so your "extra room" can be verified. Richfield Rediscovered New Life For Old Homes Questions? Call the Remodeling Advisor at 612-861-9772 "WWW.d.richfield.mn.us Tip Sheet #3/ Adding A Front Porch 3 . Porch Design Guidelines The following are general guidelines and criteria that will help you in the planning, design and construction of your porch addition. General Form The form of your porch addition is the outer shape created by the exterior walls and roof. The form of the addition should be appropriate and compatible to the form of your existing home. See specific recommendations for two story, one and one-half story and rambler style homes in the following page. Roofs The roof of your porch addition should be properly proportioned in shape and pitch to the rooflines of the existing house. Roofing materials should match as closely as possible to the materials of the existing home. Exterior Walls The exterior walls are considered to be those exterior surfaces from the floor line to the ceiling of the porch. This surface is to be at least 65 percent open and 35 percent solid. The open surfaces are to be open air or occupied by operable windows, screens and/or full lite doors. The solid surfaces are to be exterior materials that are consistent or complementary in color, texture and quality to those of the front of the existing home. Floors . Open-air porches must have floors of durable exterior grade materials such as concrete, painted solid wood or brick. Enclosed porches may have flooring materials such as tile, wood, vinyl and exterior grade carpet. Ceilings Open-air porches must have ceilings of durable exterior grade materials such as beadboard or painted or stained wood. Enclosed porches may have ceiling materials of sheet rock, paneling material or wood. Columns Structural columns should be clad in finish grade, wood trim or be a decorative shape that is compatible with the design of the existing house. The columns should be expressed on the exterior of the porch to help articulate the porch facade. Railings The height and spacing of railing must meet the requirements of the City of Richfield. Acceptable railing materials are painted or stained wood and painted metal. The design of the railing assembly should be compatible with the details 01 the existing house. Landscaping Integrating your porch addition into your yard is as important as its integration to your house. Plant materials and landscape features should transition the porch into your yard, providing a visual base. Landscaping could also be placed along the entry path. . -- ----,~~~-- Richfield Rediscovered New Life For Old Homes Questions? Call the Remodeling Advisor a.t 612~61-9772 I www.ci.richjield.mn.us , , . Tip Sheel #31 Adding A Front Porch 4 Who can I call for help? CITY OF RICHFIELD Richfield Remodeling Advisor Dave Schaffer Remodeling assistance at no cost to you. (612) 861-9772 Community Development Department 6700 Portland Avenue Richfield, MN 55423 (612) 861-9760 Inspections Division (612) 861-9860 The following organizations may assist you in locating qualified proIessionals for the design and construction of your porch addition. Arch itects . American institute of Architects 275 Market Street Minneapolis. MN 55405 (612) 338-6763 Landscape Architects American Society of Landscape Architects 275 Market Street Minneapolis, MN 55405 (612) 339-0797 General Contractors Builders Association of the Twin Cities 2960 Centre Point Drive Roseville, MN 55113 (651) 697-1954 . -... - - ,'..,'-- Rlchlleld Rediscovered New Life For Old Homes Questions? Call the Remodeling Advisor at 612-861-9772 WloVloV.ci.richjield.mn.us -- . Tip Sheet #31 Adding A Front POI'ch 5 . Front Porch Addition Suggestions Two Story House Story and a Han House . Rambler Style House . -~,- Richfield Rediscovered New Life For Old Homes Questions? Call the Remodeling Advisor at 612-861-9772 www.ci.richfield.mn.us . . Planning Commission Meeting January 5, 1005 Planning Commission . Attachment 5D - 2 i ! . -- CDr<A Fi ) . (see page 6-4 in your Zoning Ordinance books - Section 6e2) . Subd. 2. Permitted Encroachments. A. Parts of the Principal Structure. Features which are part of a principal structure, including but not limited to eaves, cantilevered areas, cornices, canopies, awnings, decks, balconies, steps, ramps, fire escapes and chimneys, may extend three (3) feet into the required front, side, and rear setbacks but in no case shall the setback to these encroachments be less than SIX (6) feet. Exception: Steps, decks, and ramps may extend six (6) feet into (>M the required front setback but in not case shall the setback to these . encroachments be less than six (6) feet. B. Covered Porches for Single-Family Detached Dwellings. In required front yards, covered porches attached to the principal structure that extend no more than 10 feet, provided that the porch pJ~ is no closer than 30 feet from the front lot line and that the design of the porch is approved by the Community Development Director. The Community Development Director must make the following findings to approve a porch encroachment up to 10 feet: . -- ------- .- . I. The exterior materials of the proposed porch are consistent or complementary in color, texture, and quality with those visible at the front of the dwelling; 2. The roof of the proposed porch ]8 proper! y proportioned to and integrated with the roof of the dwelling and has no less than a 3/J 2 slope; 3. The base of the porch is not open and its appearance f: is consistent with the base of the dwelling. . 4. At least sixty five (65) percent of the exposed porch fa<;ade is open or occupied by windows, screens, and/or doors of transparent material; the fa<;ade constitutes the area from the floor level of the porch to the porch ceiling; and 5. Building Permits shall be requ ired before construction can begin. . The Community Development Director may attach conditions to . the approval of the porch encroachment as needed to make the / required findings; and I I ,/ In required residential street-side yards, covered porches attached to the front of a principal building that extend no more than ten I I (l0) feet, provided that the porch is no closer than thirty (30) feet ! , I from the street-side lot line and that the design of the porch is approved by the Community Development Director. The I I I Community Development Director must make the findings required by (Section - wi 1-5 listed above). The Community Development Director may attach conditions to the approval of the . porch encroachment as needed to make the required findings. . . ~ ---A~ILLS MEMORANDUM DATE: January 5, 2005 PC Agenda Item 5.E TO: Planning Commission FROM: Peter HeJlegers, City Planner SUBJECT: Tentative 2005 Planning Commission Meeting Dates Following are the tentative meeting dates for the Planning Commission in 2005: . January 5th July 6th February 2nd August 3'd March 2nd September 7th April 6th October 5th May 4th November 2nd June 1 st December 7th . ---- I e ~ ~ILLS MEMORANDUM DATE: January 5, 2005 PC Agenda Item 5.F TO: Planning Commission FROM: Peter Hellegers, City Planner SUBJECT: PC Work Plan 2005 Typically the Planning Commission would review a work plan for the year at their first meeting that year. However, since the City is in active negotiations on TCAAP which . may directly effect the amount of items the Planning Commission needs to review, and the Council retreat has not yet occurred, the PC Work Plan will be brought to the February meeting instead. e