HomeMy WebLinkAbout2016-03-08 P & Z PacketPLANNING AND ZONING COMMISSION
entdle MEETING AGENDA
� Tuesday, March 8, 2016
6:3U p.m.
L CALL TO ORDER
14, Roll Call
II. APPEARANCESIPRESENTATION
L oath of office -- Commissioner Peter Johnson
III. PUBLIC HEARING
IV. OLD BUSINESS
buy
1. Proposed Parking Design —Centennial School District #12 (Centerville Elementary)
a. 1709 Main Street —Condemnation Proceedings
2, Metropolitan Council System Statement -FYI
V. NEW BUSINESS
11 Review Concept Plan for Waterworks Property
2, City Code, Chapter 116: Tobacco Regulations; Sales (Hookahs, Sale of Paraphernalia,
Sampling, Vaping & Etc.)
3. 2016 Fete des Lacs Festival Committee
4, Ruffridge Johnson Termination of Purchase Agreement
VI. CONSIDERATION OF MINUTES
1. January 5, 2016 Planning & Zoning Commission Meeting Minutes
VIL ADJOURNMENT
Planning & Zoning Commission Meeting — April 5, 2016, 6:30 p.m. (Council Chambers)
Parks & Recreation Committee Meeting — April 6, 2016, 630 p.m. (Council Chambers)
City Council Meeting — March 9, 2016, 6:30 p.m. (Council Chambers)
City Council Meeting — 11 I i A �•�n n m tcrmino l Chamhersl [f!1 ]WPPP/MS4)
Shake Your Shamrock 5K, 8K & Kid's 113K Walk/Runs — March 12, 2016, Kelly's Korner, 7:00 a.m. —1:00 p.m.
Fete des Lacs, August 5, 6 & 77 2016 (Parade, Kickball, Softball Tournament, 5K, 8K & Kids Run/Walk & Many
Other Activities)
Out Run Homelessness 5K, 8K & Kids Run/Walk — October 1, 2016, LaMotte Park, 7:00 a.m. — 9:30 a.m.
Stantec
1-01 "ail , I - I I —WIM TY
March 2, 20 116
To Mike Ericson, Centerville City Adminlistrator
From,* Phil Carlsom, AlCP, Consulting Planner
Project: Centerville Elementary School - Parking Lot Expansion
Centerville Elementary School wants to expand its parking lot. The City has a number of planning
and zon�ing issues to consider with this request.
I)i The property in questioest of the existing
school parking l�ot, on Main Street and Centerville Road., The site is currently occupied by
residential bu!ildi!ngsi.
Stantec
Centerville
Planning Commission
Centerville Apartments, - Co�ncept Plan March 2, 20 1 �6
I I I i I jq��:pi
11:1111111 1 11 1 ��� MM =1=1-1 11111,111111
3) The siteis zoned M-I Mixed U�sei District. Public buildings (and their accessory uses, such as
�parking loits) are allowed only by Planned Unit Develolpmen�t (PUD).
M=*
Parking Lot
Expainsion SRI
Stantelo
CenterVille
Planning Commission
Centerville Apartments - Concepit Plan March 2, 20116 3
i
4) The M-1 District "is intended to implement the 'iMasteir Plan and Developimienit Guidelines
0
for Downtown Centerville."' Any review of the school parking lot project would take Intio
account this pilan and these guidelines.
* The goa�l of minimizing the impact of automobiles,
Encourage, active ground floor, us�es, such as restaurants,, shops and services to
animate the sitreiet, as illustrated on the Downtown Mas,ter Pila�n bleloiw, with the
school parking lot expansion superimposed. Buildi�n�g the parking lot out to Main Sitreeit
would Prohibit the development of active uses supporting the key Intersection in
downtown,.
61) The Downtown Ma�siter Pla�n notes in its, Parking Strategy the challen�gie of balancing the
I
desired downtown character with ca�r-relaited neelds such as parking, and recomm�end�s
I
Stantec
Centerville
Planning Commission
Centerville Apartments -- Concept Plan March 2. 2016
locating off-street parking away from CSAH 14 and CSAH 21 - Main Street and Centerville
Road.
7) Also in the M-1 District language are "special requirements", including, from Section
156.051 (C) {2):
"In making decisions about land use compatibility and dimensional criteria for uses
and structures, the City shall have broad discretion to protect the public health,
safety and welfare, and to protect the integrity of the M-1 District and surrounding
residential neighborhoods. Redevelopment of any parcel shall be accomplished by
submitting application as a Planned Unit Development."
8) Also from 156.051(C ) (3): "Driveway access to any use shall not be permitted from
Centerville Road or Main Street but rather planned side streets and alley must be used for
such access."
9) From the City parcel map it appears that the property in question is comprised of several
lots of record which should be combined with the school property to avoid the issue of
internal setbacks being required between property lines.
NEXT STEPS
To pursue a parking lot expansion the school needs to apply for a PUD under the City's zoning
code, following the application and submission requirements, which would include a detailed
site plan, landscaping plan, grading and drainage plan, lighting, and other items noted in the
code, plus a surrey showing how the various lots of record are arranged and the plan for
combining them legally for the project. The submission would be reviewed against the standards
in the code and the Downtown Master Plan.
September 17, 2015
Mike Ericson, City Administrator
City -Of Centerville
1880 fain St
Centerville, MN 85088
RE. 2018 System Sta meats
Dear Mr. Ericson:
The Metropolitan Council recently adopted Thrive MSP 2040 and updated regional system and
policies plans, including the 2040 Transportation Policy Plan, the 2040 Regional Parks Policy
Ptah, the 2040 Water Resources Policy Plan, and the 2040 Housing Policy Plan, Accordingly,
the Council is now issuing system statements as required by state statute.
The system statement for your community, enclosed, shows how the changes to the Council's
regional system plans affect your community specifically. The distribution of System Statements
triggers the timeline for updating your local comprehensive plan, due to the Council by
Deoember 31, 2018.
To help you with updating your plan, we are exdW to introduce our updated Local Planning
Handbook (hftp*..//mrtr=ouncil.ongLhandbook.ast>x), which has transition into a web -based
guide. The updated Handbook provides clear and speclhc direction on the minimum
requirements for updating your plan, customized data and maps in the Community Pages
section, and an array of tools and resources to male it easier to complete your comprehensive
plan update and focus on value-added planning for your community.
You also find an electronic version of your system statement on your Community Page in the
online Local Planning handbook. Additionally, system statements for all communities can be
found on our website at hgp://metrog2.unc;il.oLqLCgmmgnftielaarLning./L201-Plann'
Assist ncel'S e - aterh entl. . as px.
If you have questions about your system statement or any of the materials at the links provided,
please contact Ryan Garcia, the Council sector representative from our Local Planning
Assistance staff assigned to work with your community, at 851-802-1832.
We look forward to working with you.
Sincerely,
Both Reetz, Director
Community Development Division
METROPOLITAN
C 0 U N C L
2015 SYSTEM STATEMENT FOR
CITY OF CENTERVILLE
I -
September 17, 2015
Regional Development Plan Adoption
In 119y 20142 the Metrppolitan Council adopted fnfive MSP 2040. Following adoption of _Thrive, the
erl
Council adopted the 2640 Transportation Policy Plan, the 2040 Regional Parks Policy Plan, the 2040
Water Resources Policy Plan, and the 2040 Housing Policy Plan. The Metropolitan Council is now
issuing system statements pursuant to atatesM&r
Receipt of this system statement and the metropolitan system plans triggers a community's obligation
to review and, as necessary, amend its. comprehensive plan within the ne)d three years, by the end 6f
2018. complete 4tM of -jThn.ow ASP 2040 as w 11 as complete copies of the recently adopted
rn#rallt�In sjisterri aid pollc6 ana are available for vl�ng and downloading
at:lvw 'ncll:o ' = un� Tarr i s . Paper copies are available by calling the
CoUpsDa#a en *-it 6§ =602=1'4b.
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Syst$rn State4.ment Dfenition
Motropblltan system plans era long-range comprehensive plans for the regional systems — transit,
highways, and air s; was a atah ri�i a; and parrs and o n sperm —along YOh the capital
budgets for metropolitan wastewater services, trsni`portation, and regional recreation open space.
System staterhents e)cplain the implications of metropolitan system plans for each individual community
in the metropolitan area. They are intended to help 6ornmunitles prepare or update their comprehensive
plan, as required by the Metropolitan Land Planning Act:
W#hln nine months after receiving a system statement for an amendment to a metropolitan
system plan, and within three years alter receiving a� system statement issued in conjunction
with the decennial review required udder section 4Z2.8 y sU iyJgjon ,.2, each affected local
governmental unit shall review its comprehensive plan to determ' the if an amendment is
necessary to ensure continued conformity with metropolitan system plans. if an amendment is
necessary, the grovemmen#al unit shall prepare the amendment and submit it to the council
for review.
Local comprehensive plans, and amendments thereto, will be reviewed by the Council for conformance
to metropolitan system plans,, consistency with Council policies, and compatibility viith adjacent and
affected governmental units. Updated local comprehensive plans are due to the Council for review by
December 31, 2018.
What is in this System Statement
The system statement includes information specific to your community, including:
0 your community designation or designation(s);
a forecasted population, households, and employment through the year 2;
a guidance on appropriate densities to ensure that regional services and costly regional
infrastructure can be provided as efficiently as possible.
A affordable housing need allocation;
Page - 1 1 2016 SYSTEM STATEMENT - CENTERVILLE INTRODUCTION
In the following sections, this system statement contains an overview of each of the system plan
updates and specific system changes that affect your community. The sections are:
Transportation, including metropolitan highways, aviation, and transit
Water Resources, including wastewater, surface water, and water supply planning
Regional parks and trails
Dispute Process
If your cornmunhy disagrees with elements of this system statement, or has any questions about this
system statement, please contact your Sector Representative, Ryan Garcia, at 651-602-1832, to review
and discuss potential issues or concerns.
The Council and local government units and districts have usually resolved issues relating to the
system statement through discussion.
Request for Heafing
If a local- governmental unit and the Council are unable to resolve disagreements over the content of a
system staternenf, the unit or district may, by resolution, request that a hearing be conducted by the
Council's Land Use Advisory Committee or by the State office of Administrative clearings for the
purpose of considering amendments to the system statement. According to Minnesota Statutes section
473.857, the request shall be made by the local governmental unit or school district within 8D days after
receipt of the system statement. if no request for a hearing is received by the Council within 60 days,
the statement becomes final.
Page - 2 1 2015 SYSTEM STATEMENT - CENTERVILLE INTRODUCTION
Regional Development Guide
��
The Council adopted Thrive MSP as the hew regional
development guide on May 28, 2014. Thtfve identifies five outcomes
that set the policy direction for the region's s-stem and policy plans. .20
Building on our region's history of effective s#ewardShip of our
resources, Thrive envisions a prosperous, equitable, and livable
I Men
region that is sustainable for today and generations to come. The Thr!"
Council is directing its operations, plans, policies, programs, and
resources toward achieving this shared long-term vision.
Three principles define the Council's approach to implementing regional policy; InUgradon,
collaboration, and accountability. These principles reflect the Council's roles in integrating policy
areas, supporting local governments and regional partners, and promoting and implementing the
regional vision. The principles define the Council's approach to policy implementation and set
expectations for how the Council interacts with local governments.
Thrive also outlines seven land use policies and community designations important for local
comprehensive planning .updates. the land use polite establish a series of commitments from the
Council for local governments and uses community designations to shape development policies for
communities. 6=munity designations group jurisdictions with similar characteristics based on Urban
or Rural character for the application of regional policies. Together, the land use policies and •
community designations help to implement the region's vision by setting expectations for development
density and the character of development throughout the region,
Community I)esignation
Community designations group jurisdictions with similar characteristics for the application of regional
policies. The Council uses community designations to guide regional growth and development;
establish land use expectations including overall development densities and patterns; and outline the
respective roles of the Council and individual communities, along with strategies for planning for
forecasted growth. If there are discrepancies between the Thrive LISP 2040 Community Designations
Map and the Community Designation map contained herein because of adjustments and mfinernents
that occurred subsequent to the adoption of Thnive, communities should follow the specific guidance
contained in this System Statement.
Thrive iderif ies Centerville with the community designation of Emerging Suburban Edge (Figure 1).
Emerging Suburban Edge communities include cities, townships and portions of both that are in the
early stages of transhioning into urbanized levels of development. Emerging Suburban Edge
communities are expected to plan for forecasted population and household growth at average densities
of at least 3-5 units per acre for new development and redevelopment. In addition, Emerging Suburban
Edge communities are expected to target opportunities for more intensive development near regional
transit investments at densities and in a manner articulated in the 2040 Transportation Policy Plan.
Specific strategies for Emerging Suburban Edge communities can be found on Centerville's C �MUaijy
Pic e in the ,Lggal Planning Han
Page - 3 1 2016 SYSTEM STATEMENT -- CENTERVILLE INTRODUCTION
Forecasts
The council uses the forecasts developed as part of Thrive to plan for regional systems. Communities
should fuse their planning work on these forecasts. Given the nature of long-range forecasts and the
planning timeline undertaken by most communities, the Council will maintain on -going dialogue wi#h
communities to consider any changes in growth trends or community expectations about growth that
may have an impact on regional systems.
The Thrive forecasts for population, households, and employment for your community are:
2010 dal
20141061
2020
2030
2040
Population 3, �9
3,931
3,840
35936
4, 0
Households € 11315
11330
11400
11450
1, 500
Employment 1 409
530
540
580
590
Housing Policy
The Council adopter! the ,Housin.a Policy P1ar on December 10, 2014, and amended the plan on .duly B.
2015. The purpose of the plan is to provide leadership and guidance on regional housing needs and
challenges and to support Thrive 1MSP 204a The Housing Poficy Plan provides an integrated policy
framework to address housing challenges greater than any one city or county can tackle alone.
Consistent with state statute (Minn. Stat. 473.859, subd. 2(c) and subd. 4), communities must include a
housing element and "Implementation program in their local comprehensive plans that address existing
and prcdected housing needs.
The Council has also determined the regional need for low and moderate income housing for the
decade of 2021-2030 (see Fart III and Appendix B in the Housing Policy Plan).
Center ville's share of the region's need for low and moderate inoorne housing is 14 new units
affordable to households earning 8 of area median income (AMI) or below. Of these new Units, the
need is for 9 affordable to households earning at or below 30% of AMI, 4 affordable to households
earning 31 % to 50% of AMI, and 1 affordable to households earning 51 % to 801DA of AMI.
Affordable Housing heed Alloca lon for Centerville
At or below 30% AMI 9
31 to 50% AM 1 4
51 to 80% AMI 1 �
Total Units 14
Specific requirements for the housing element and housing implementation programs of local
comprehensive plans can be found in the Local Mannino Landbook
Page - 4 1 2015 SYSTEM STATEMENT — CENTERVILLE INTRODUCTION
Figure I. Cent Wille Community Designadvn
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ilk
f
� w
Community Dasignativns
QuW*e Cas,FrA nning auk Lonweing SiAbwtaa Edgy
AwWultuW Suburban Edge
1~i�raf itlari Suburban
� tDlvemftd R uml
Urban
Runt C� Urcen Cade*
County Boundaries
cly and Tww* gQwM i w
Lal� and mar ��
Page - 5 1 2015 SYSTEM STATEMENT — CENTERVILLE INTRODUCTION
Id OPIA1 U%4 PTAI 101 OA-VA III T1111111
R JLT �'V Am IN -0 iL7W
STATEMENT
C1W of Cenferrille
The 2040 Transportation Policy Plan (TPP) is the metropolitan system plan for highways, transit, and
aviation to which local comprehensive plans must conform. This system statement surnmarizes
significant changes to these three systems, as well as other changes made to the Transportation Policy
Plan since the last 2030 TPP was adopted in 2010, and highlights those elements of the system plan
that apply specifically to your community. The TPP incorporates the policy direction and the new 2040
socio economic forecasts adopted by the Metropolitan Council in the Thrive MSP 2040, and extends
the planning horizon from 2030 to 2040.
Federal Requirements
The TPP must respond to requirements outlined in state statute, as wail as federal law, such as some
new requirements included in the federal law known as the Moving Ahead for Progress in the 21"t
Century Act (MAP-2 1). For instance, metropolitan transportation plans must now be performance
based, so the TPP now includes goals, objectives, and strategies outlined in chapter 2. In previous
versions of the TPP the strategies were known as poles; while some are new, the wording of many
strategies are similar to the wording of policies in previous plans. Performance measurements for this
plan are also discussed in Chapter 12, Federal Requirements.
Federal law requires the long range plan to identify regionefly significant transportation investments
expected to be made over the next two decades, and to demonstrate that these planned investments
can be afforded under the plan's financial assumptions. Both costs and available revenues have
changed since the last plan was adopted in 2010, resulting in many changes in the plan. Federal law
does allow the plan to provide a vision for how an increased level of transportation revenue might be
spent if more resources become available, but the programs or projects identified in this scenario are
not considered part of the approved plan.
The TPP includes two funding soenanos for the metropolitan highway and transit systems. the "current
Revenue Scenario" and the "Increased Revenue Scenario."
The current Revenue Scenario represents the fiscally constrained regional transportation
plan, which assumes revenues that the region can reasonably expect to be available based on
past experience and current laws and allocation formulas.
= The increased Revenue Scenario represents an illustration of what be achieved with a
reasonable increase in revenues for transportation.
Under the Metropolitan Land Planning Act, local comprehensive plans are expected to conform to the
Current Revenue Scenario, which is the official metropolitan system plan. Potential improvements in
the Increased Revenue Scenario can be identified separately in local plans as unfunded proposals. A
more detailed description of how to handle the various improvements in this category is included under
Other Plan considerations.
In addition to reviewing this system statement, your community should consult the entire 2040
Taanspwtation Policy Plan to ensure that your community's local comprehensive plan and plan
amendments conform to the metropolitan transportation system plan. chapter 3, Land Use and Local
Planning, has been expanded and all communities should carefully review this chapter. A PDF file of
Page - 6 1 2015 SYSTEM, STATEMENT — CENTER'+ ILLE TRANSPORTATION
the entire 2040 Transp ration Policy Plan can be found sit the metropolitan Council's
webslte. h Y a/�w #vcj1- • an � + y HIV l
�-Pl*- L1J. a. The format of the plan is
slighli d&runt tha- EstTrajJ_sporfafion Policy Plans. An introductory Overview, Chapter 1; EAsting
System and Chapter 1 D: Equity and Environmental Justice have been added to this version of the TPR
in addition to the changes noted in the first paragraph. Please note some modifications have been
made to the appendices as well.
Key Changes in the 2040 TransportaUon Policy Plan
Adopted by the Metropolitan Council in January 2015, the revised 2040 Transportation Policy Plan
incorporatesthe following changes:
Metropolitan Highway System - Chapter 5
The Metropolitan Highway System is made up of principal arterials, shown in Fig 1-1 of the rPP and
also attached to this system statement. Although no new highways have been added to this system in
the 2040 TPP, the last incomplete segment of this system, TH 690, is now under construction in Maple
Grove -
The TPP acknowledges that congestion cannot be eliminated or greatly reduced. The region's
nobility efforts will need to focus on mans ging congestion and working to provide alternatives,
The majority of resources available between now and 2040 YAil be needed for preservation,,
management and operation of the existing highway system.
Due to increased costs and decreased revenue expectations, many long -planned major projects
to add general purpose highway lanes are not in this fiscally constrained plan. While the
preservation, safety, and mobility needs of these corridors are recognmed, investments in these
corridors will be focused on "Implementing traffic management strategies, lower cast -high beneft
spot mobility improvements, and implementing MnPASS lanes. Some specific projects have
been identified in this plan, but funding has primarily been allocated into various investment
categories rather than specific projects. The highway projects spedfically identified in the
Currant Revenue Scenario are shown in Figure 5-8 of the TPP which is also attached to this
system statement.
+ Modifications were made to Appendix D - Functional Classification Criteria, and Appendix F --
Highway Interchange Requests. Appendix C — Prgf ect List is new and contains all of the transit
and highway projects that have been identified between 2014 and 2023.
Transit System - Chapter 6
The transit system plan provides an overview of the basic components of transit planning, including
demographic factors, transit route and network design factors and urban design factors that support
transit usage. Local governments have the primary responsibility for planning transit -supportive land
use, through their comprehensive planning, and subdivision and zoning ordinances.
• The TPP includes updated Transit Market Areas (shown in TPP Figure 6-3, also attached) which
reflect 201 ❑ Census information and an updated methodology that better aligns types and levels of
transit service to expected demand. These market areas identify the types of transit services that
are provided within each area.
+ The TPP includes limited capital funding for transit expansion and modernization. Opportunities
primarily exist through competitive grant programs such as the regional solicitation for US DOT
Page - 7 1 2015 SYSTEM STATEMENT - CENTERVILLE TRANSPORTATION
funding. Tne opportunities are guided by the strategies in the TPP and the various elements of
the Transit Investment Plan.
The TPP includes an updated transitway system plan that more cleady articulates which projects
can be funded within reasonable revenue expectailons through year 2040 (Current Revenue
Scenario as shown in TPP Figure 6-8, which is also attached). The plan includes five new or
expanded METRO lines, three new arterial bus rapid transit lines, and three corridors under study
for mode and alignment but identified in the Counties Transit improvement Board's (CTIB) Phase I
Program of Prpts. This system was developed in collaboration with CTIB, a major partner in
regional transbmy expansion.
The TPP does not include operating funding for transit service expansion beyond the existing
network of regular route bus, general public dial -a -ride, and Metro Vanpool.
The Increased Revenue Soenado (shown TPP Figure B-g, which is also attached) illustrates the
level of expansion for the bus and support system and transitway system that might be reasonable
if additional revenues were made available to accelerate construction of the transitway vision for the
region.
The plan includes updated requirements and considerations for land use planning around the
region's transit system. This includes new residential density standards for areas rear major
regional transit investments and an increased emphasis on proactive land use planning in
coordination with the planning of the transit system.
Aviation System - Chapter 9
The Metropolitan Aviation System is comprised of nine airports (shown in Figure 1-9 of the TPP and
also attached to this system statement) and off -airport navigational aids. There are no new airports or
navigational aids that have been added to the system in the 2040 TPP.
The TPP discusses the regional airport classification system as well as providing an overview of
roles and responsibilities in aviation for our regional and national partners. The investment plan in
includes an overview of funding sources for projects, and an overview of projects proposed for the
local airports that will maintain and enhance the regional airport system.
Modifications were made to Appendix 1- Regional Airspace, Appendix J - Metropolitan Airports
Commission Capital investment Review Process, Appendix K - Airport Long Term Comprehensive
Plans and Appendix L - Aviation Land Use Compef lbillty.
Other Plan Changes
Regional Bicycle Traneportation Network - Chapter 7
The 2040 TPP encourages the use of bicycles as a mode of transportation. To that end, the TPP
establishes for the first time a Regional Bicycle Transportation Network (RBTN). The goal of the RBTN
is to establish an integrated seamless network of on -street bikeways and oft -road trails that
complement each other to most effectively improve conditions for bicycle transportation at the regional
level. Cities, counties, and parks agencies are encouraged to plan for and implement future bikeways
within and along these designated corridors and alignments to support the RBTN vision.
Page - 8 1 2015 SYSTEM STATEMENT -- CENTERVILL.E TRANSPORTATION
Freight - Chapter 8
Most aspects of freight movement are controlled by the private sector, so unlike ogler sections of the
TPR there is not a specific plan adopted for future public sector investment in freight fa ci lilies .
However, the discussion of the need for a safe and efficient multirnodal freight system has been
updated and expanded I nP the TPP to recognize challenges and opportunities for freight movement as
well as the future direction of freight by- mode. It acknowledges the closure of the Minneapolis Upper
Harbor in 2015, 169V'ing St Paul and Shakopee as the region's major barge terminal areas in the future.
The plan also acknowledges the increase of trains since 2010 carrying oil from North Dakota on BNSF
and CP rail tracks, which is expected to continue into the future. Although railroad trackage in the
region was significantly decreased over the last 20 years to `right size" the system after federal
deregulation, communities should not expect much additional rail abandonment. Many tracks that
appear to be seldom used are owned by the smaller Class III railroads that serve local businesses by
providing direct rail connections from manufacturing and warehousing/distribution facilities to the major
national railroads. The major Class I railroads are approaching capacity and actually adding tracks in
some locations.
system Plan Considerations Affecting Your Community
Centerville should consult the complete 2040 Transportation Policy Plan in preparing its I oca l
comprehensive plan. In addition, Centerville should consult Thrive MSP 2040 and the current version of
the Metropolitan Council's L2M Ekanin a► dbo ok for specific information needed in i#s
comprehensive plan. Specific system plan considerations affecting Centerville are detailed below.
Metropolitan Highways
There are no principal arterials located within Centerville.
Transit System
Centerville includes the following Transit Market Areas:
Maw Area lv Transit Market Area IV has lower concentrations of population and employment
and a higher rate of auto ownership. It is primarily composed of Suburban Edge
and Emerging Suburban Edge communities. This market can support peak -period
express bus services if a sufficient concentration of commuters likely to use
transit service is located along a corridor. The lour -density development and
suburban form of development presents challenges to fixed -route transit. General
i public dial services are appropriate in Market Area Ill.
- - _ .. .,,.......�....._...._..._ ......_..F .._ ww-_ -.,_ .,_ - - .... _ ._ - _ - - - - - . - . - . - -
Centerville should identify and reap existing transit services and facilities in the local comprehensive
plan. Centerville should also work with transit providers serving their community to identify potential
future transit service options and facilities that are consistent with the TPP and the applicable Transit
Market Areas. Communities can find further maps and guidance for transit planning in the
Transportation section of the LocW PlannM Haadhgp
Transitways
Current Revenue Scenario Transitways
The TPP's Transit Investment Plan does not show any transitway investments planned for Centerville in
the Current Revenue Scenario (TPP Figure 6-8).
Page - 9 1 2015 SYSTEM STATEMENT — CENTERVILLE TRANSPORTATION
Increased Revenue Scenario Transitways
The TPP Increased Revenue Scenario shows additional transitway corridors beyond the scope of the
plan's adapted and fiscally constrained Transit Investment Plan (the Current revenue Scenario). These
corridors are listed on page 6.63 of the TPP, and TPP Figure 6-9, which is attached, shows the
complete transitway vision for the region.
If Centerville believes it might be directly impacted by transitways in the Increased Revenue Scenario
(for example, because they are participating in transitway corridor studies or feasibility analyses), the
transitways may be acknowledged in the Comprehensive Plan. These additional corridors are or will be
under study for mode and alignment recommendations, but they are not included in fiscally constrained
plan. However, they should be dearly identified as not funded within the currently expected resources
for transitways. The Council recognizes the important planning work that goes into a corridor prior to it
becoming part of the region's Trensk Investment Plan, especially if increased revenues were to become
available.
Similar to Current Revenue Scenario Transitways, communities should identify known potential stations
along planned transitways and consider guiding land use policies, station area plans, and associated
zoning, infrastructure, and implementation tools that support future growth around transit stations.
These policies can also influence station sing in initial planning phases of transitway corridors and
influence the competitiveness of a trens!Nmy for funding. communities can find further guidance for
station area planning in the Transportation section of the Local ffLnnmg bLan0book and the Transit
Oriented Development Guide.
Aviation
All communities must include an aviation element in the transportation sections of their comprehensive
plans. The degree of aviation planning and development considerations that need to be included in the
comprehensive plan varies by community. Even those communities not impacted directly by an airport
have a responsibility to include airspace protection in their comprehensive plan. The protection element
should include potential hazards to air navigation including electronic interference.
Centerville is not in an influence area of a regional airport. Airspace protection should be included in
focal codestordinances to control height of structures.
Other Plan Considerations
Regional Bicycle Transportation Network
TPP Figure 7-1 shows the RBTN as established for the first time in the 2040 TPP. The network consists
of a series of prioritized Tier 1 and Tier 2 corridors and dedicated alignments (routes). The process
used to develop the RBTN, as well as the general principles and analysis factors used in Ke
development, can be found in the Bicycle and Pedestrian Chapter of the TPP.
The RBTN corridors and alignments make up the trunk arterials" of the overall system of bikeways that
connect to regional employment and activity centers. These are not intended to be the only bicycle
facilities in the region, and local units should also consider planning for any additional bike facilities
desired by their communities. RBTN corridors are shown where more specific alignments within those
corridors have not yet been designated, so local governments are encouraged to use their
comprehensive planning process to identify suitable alignments within the RBTN corridors for future
incorporation into the TPP.
In addition, agencies should plan their local on and off -road bikeway networks to connect to the
designated Tier t and Tier 2 alignments, as well as any new network alignments within RBTN corridors
Page - 10 1 2015 SYSTEM STATEMENT -- CENTERVILLE I TRANSPORTATION
to be proposed in local comprehensive plans. Bikeway projects that complete segments of, or connect
to, the RBTN are given priority for federal transportation funds through the 'transportation Advisory
Board's biannual regional solicitation.
Figure 7-1 shows that your community currently has one or more RBTN corridors and alignments within
its jurisdiction. The Council encourages local govemments to Incorporate the RBTN map within their
local bicycle plan maps to show hover the local and regional systems are planned to work together. An
on-line interactive RBTN map, which allows communities to view the RBTN links in their community at a
much more detailed scale than Figure 7-1, can be found in the Transportation section of the
Pg Handbook, The handbook also includes best practices, references, and guidance for all local
bicycle planning.
A Minor System /Functional Classification
The TPP has always recognized the A minor arterial system as an important supplement to the regional
highway system, and the Transportation Advisory Board (TAB) continues to maintain the official
regional map of these roads. The 2040 TPP does include an updated functional classification map (Fig.
1-2 in Chapter 1) and a modified Append4x D - Functional C1asaffication C►iteris. Communities should
consult the Local Plan Handbook for more information on functional classWwa ion, how to reflect the A
minor arterial system in their plan, and how to request functional classification changes if necessary,
Freight
The Council encourages all local governments to plan for freight movement in their communities.
Trucks are the major mode of freight movement in the region and across the nation to distribute
consumer goods as well as move manufactured goods and commodities, and they operate in every
community.
Communities with special freight facilities shown on TPP Figure 8-1, Metropolitan Freight System,
(attached) should also include those additional modes and facilities in their local plan, and plan for
compatible adjacent land uses.
Page-11 1 2015 SYSTEM STATEMENT -- CENTERVILLE TRANSPORTATION
Figure 1-1 of the TPP
Principal Arterials
O*S.o Prin pal ArWal - EAWkV
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9emnory
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Page -12 1 2015 SYSTEM STATEMENT - CENTERVILLE TRANSPORTAT ON
figure 1-2 of the 3PP
Functional Class Roads
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Page -13 1 2015 SYSTEM STATEMENT - CENTERVILLE TRANSPORTATION
0 2015-2018 71P Woes u"Wic Caper #'*%o 2016 - 2W Pwomwd Pry
0 2019 - 2024 B � r Road -hire P%*,Ot 2015 - 2018 PownWA I MnPow
Roodelde buclu 0 t Saw 0"%Wo 2013 - MIS P m� lsafety
-20154o1S TIP Pavernod s Tier 1 WPASS Eipansion
Page -14 1 2015 SYSTEM STATEMENT - CENTERVILLE TRANSPORTATION
Figure $-$ of the TPP
Tmnalt Market Areas
is Market Area 1 a Ermet9ing Market Area II
Market Am {I Market Am IV
Eme*g Market Area it Market Area V
WB Marital Area III � Freestanding Town Center
Page -15 i 2015 SYSTEM STATEMENT -- CENTERVILLF TRANSPORTATION
Figure 84 of the TPP
Current Revenue Scenario Transitways
and CTIB Phase I Program of Projects
Sherburne
Wright N%Ills
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Page .16 1 2DI 5 SYSTEM STATEMENT — CENTERVILLE TRANSPORTA71ON
Figure &9 of the TPP
increased Revenue Scenario Tranaftways
Bulidlng an Accelerated 7iansitwap Vision
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its
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* Regional Multtmodal Hub
lncrnaswd Rorenua Scenario would
also Include at #"st 1 % average
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Page -1T 1 2015 SYSTEM STATEMENT — CENTERVILLE TRANSPORTATION
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Page - 18 j 2015 SYSTEM STATEMENT - CENTERVILLE TRANSPORTATION
Floure 8-1 of the TPP
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Page -19 1 2015 SYSTEM STATEMENT - CENTERMLLE TRANSPORTATION
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Page - 20 2015 SYSTEM STATEMENT — CEN TERVILLE TRANSPORTATION
WVIKATER RESOURCE REQUIREMENTS/
1AVASTE1Aw(ATEI� SYSTEM S
TATEMENT
City of Centerville
The 2040 Water Resources Policy Iran includes policies and strategies to achieve the following goal:
To protect, conserve, and utilize the regions groundwater and surface wafer in wags that protect
public health, support economical growth and development, maintain habitat and ecosystem health,
and provide for recreational opportundies, which are essential to our reglon's quality of /We.
The Policy Plan takes an integrated approach to water supply, water quality, and wastewater issues.
This approach moves beyond managing wastewater and stormwater only to meet regulatory
requirements by viewing wastewater and stormwater as resources, with the goal of protecting the
quantity and quality of water our region needs now and for future generations.
The Policy Plan includes policies and strategies to:
6 Maximize regional benefits from regional investments in the areas of wastewater, water supply
and surface water.
a Pursue reuse of wastewater and stormwater to offset demands on groundwater supplies.
0 Promote greater collaboration, financial support, and technical support in working with partners
to address wastewater, water quality, water quantity and water supply issues.
A Implement environmental stewardship in operating the regional wastewater system by reusing
wastewater, reducing energy use and air pollutant emissions, and reducing, reusing, and
recycling solid waste.
Key Concepts in the 2040 Water Resources Policy Plan
Adopted by the Metropolitan Council in May 2015, the 2040 Water Resources Policy Plan is the
metropolitan system plan for metropolitan wastewater services with which focal comprehensive plans
must conform. The Policy Plan incorporates the following changes:
Centers on and around an integrated approach to water supply, wastewater, and surface water
planning.
Promotes the investigation of the issues and challenges in furthering our work in water conservation,
wastewater and stormwater reuse, and low impact development practices in order to promote a
more sustainable region.
Promotes the concept of sustainable water resources where, through collaboration and cooperation,
the region will take steps to manage its water resources in a sustainable way almed at:
o Providing an adequate water supply for the region
o Promoting and implementing best management practices that protect the quality and quantity of
our resources
o Providing efficient and cost effective wastewater services to the region
o Efficiently addressing nonpoint and point sources pollution issues and solutions, and,
o Assessing and monitoring lakes, rivers, and streams so that we can adequately manage, protect,
and restore our valued resources.
Continues the Council's position that communities that permit the construction and operation of
subsurface sewage treatment systems and other private wastewater treatment systems are
Page - 21 12015 SYSTEM STATEMENT - CENTERIIILLE WATER RESOURCES
responsible for ensuring that these systems are installed, maintained, managed and regulated
consistent with Minnesota Rules Chapter 7080-7083.
Includes requirements in Appendix C for comprehensive sewer plans, local water plans, and local
water supply plans.
Establishes inflow and infiltration goals for all communities served by the regional wastewater
sydern and requires all communities to include their inflow and infiltration mi igation programs in
their comprehensive sewer plan.
Works with the State to attempt to (1) make funds available for Inflow and infiltration mitigation, and
(2) promote statutes, rules, and regulations to encourage 111 mitigabon.
Centerville should consult the complete Policy Plan in preparing its local comprehensive plan. In
addition, Centerville should consult Thrive MSP 2040 and the Local Planning Handbook for specific
information needed in its comprehensive plan.
System Plan considerations Affecting Your Community
Metropolitan Sewer Service
Under state law (Minn. Stat. 473.513) local governments are required to submit both a wastewater plan
element to their comprehensive plan as well as a comprehensive sewer plan describing service raeds
from the Council. Speck requirements for the sewer element of your comprehensive plan Can be
found in the water Resources section of the Local Planning Handbook.
Forecasts
The forecasts of population, households, employment and wastewmter flows for Centerville as
contained in the adopted 2040 Water Resources Policy Plan can be found
at: • Irvvw.mef roil a e r- rP1 nnir� 0 fttgr-1 source -P -Piar a x
and on your Community Page in the ,focal Plar�rybrx Handbook. These forecasts are for severed
development. The sewered housing forecasts were estimated using SAC data, annual city reports,
Current trends, existing and future local wastewater service areas and other information relating to your
community. The wastewater flows are based on historical wastewater flow data, future projected
wastewater generation rates, and the projected sewered population and employment data.
The Council will use these growth and wastewater flow forecasts to plan future interceptor and
treatment works improvements needed to serve your community. The Council will not design future
interceptor improvements or treatment facilities to handle peak hourly flogs in excess of the allowable
rate for your community. Centerville, through its comprehensive planning process, must decide the
location and staging of development, and then plan and design its local wastewater collection system to
serve this development. The Council vW11 use its judgment as to where to assign growth within your
community to determine regional system capacity adequacy. If Centerville wishes to identify speck
areas within the community to concentrate its growth, it should do so within its Comprehensive Sewer
Plan.
You should also note that urban development at overall densities that are substantially lower than those
identified for your community in the Community Designation Sermon of this Systems Statement will also
be analyzed by the Council for their potential adverse effects on the cost of providing metropolitan
sewer service.
[description of the Metropolitan Disposal System Serving Your Community
Figure 1 shows the location of the Metropolitan Disposal System (MDS) serving your community.
Wastewater flow from Centerville is treated at the Metropolitan VVWTP
Page - 22 12015 SYSTEM STATEMENT - CENTERVILLE WATER RESOURCES
Description of the Regional Inf owlinf ltration (111) Progmm '
The 2040 Wafer Resources Policy Plan states that the Council will establish 1l1 goals for all
communities discharging Wastewater to the IVIDS. Comm un ides that have excessive 1/1 in their sanitary
sewer systems will be required to eliminate excessive 1l1. The Council will continue the implementation
of its on -going 1/1 reduction prbg ram. Communities identified through the program as needing to
eliminate excessive 1/1 will be required to submit a work plan that detalls work activities to identify and
IF
eliminate sources of 1/1. The council can limit increases in service within those communities having
excess Ill that do not demonstrate progress in reducing their excess 1l1, The Council will meet with the
community and discuss this altemative before it is implemented.
It is required that those communities that have been identified as contributors of excessive 1l1, and that
have not already addressed private property sources, do so as part of their Ill program. Significant work
has been accomplished on the public infrastructure portion of the wastewater system. The council will
pursue making funds available through the Mate for 1l1 mitigation, and promote statutes, rules and
regulations to encourage ill mitigation.
Management of Subsurface Sewage Treatment Systems (SSTs) and Private
systems
The Metropolitan Land Planhing Apt requires the sewer element of the local comprehensive plan to
describ* the standards and conditions under which the installation of subsurface sewage treatment
systems and other private wastewater treatment systems will be permitted and to the eitent
practicable, the areas not suitable for public or private systems.
The appropriate density for development with subsurface sewage treatment systems depends on the
suitability of the soils to treat wastewater and whether space is available for a primary and back up
drainfield. It is the Council's position that all municipalities and counties allowing subsurface sewage
treatment systems should incorporate current MPCA regulations (Minn. Rules Chapter 7080-7083) as
part of a program for managing subsurface sewage treatment systems in the sewer element of their
local comprehensive plan and implement the standards in issuing permits.
Centerville should adopt a management program consistent with state rules. An overview of
Centerville's management program must be included in the community's local comprehensive plan
update. If adequate information on the management program is not included; the comprehensive plan
will be found incomplete for review until the required information is provided to the Council. Specific
requirements for the local comprehensive plan can be found in the Lgggekoigg Handbook,
Small private treatment plants are located throughout the Metropolitan Area serving such developments
as Individual industries, mobile home parks, and other urban type uses. The Council's position is that
such private wastewater treatment plants should be permitted only if they are in areas not programmed
for metropolitan sewer service in the future and they are provided for in a comrnunky's comprehensive
plan that the Council has approved. Furthermore, the community is responsible for permitting all
community or cluster wastewater treatment systems consistent with Minnesota Rules Chapter 7080-
7083 and IVIPCA standards. The Council will not provide financial support to assist communities if these
systems fail.
Centerville should include in the sewer element of its local comprehensive plan the conditions under
which private treatment plants or municipal treatments would be allowed, and include appropriate
managemerd techniques sufficiently detailed to ensure that the facilities conform to permit conditions.
Centerville is responsible for ensuring that permit conditions for private treatment plants are met and
financial resources to manage these facilities are available.
Page - 23 12015 SYSTEM STATEMENT -- CENTERVILL.E WATER RESOURCES
Surface Water Management
In 1995, Minnesota Statutes Section 473.859, subd. 2 was amended to make the local water plan
(often referred to as local surface water management plans) required by section 1 o3B. 235 a part of the
land use plan of the local comprehensive plan. Minnesota Rules Chapter 8410, updated in July of 2015,
includes the requirements for local water management plans. The main change that you need to be
aware aif is that all oommunities in the metropolitan area crust update their local water plan between
January 1, 2017 and December 31, 2818. This means that Centerville must update its Iocal water plan
as part of the comprehensive plan update. The community's updated local water plan should be
submitted to the Council for its review concurrent with the review by the Watershed Management
Organ a on(s) within whose watershed(s) the community is located. Failure to have an updated
local water plan will result In the comprehensive plan being found Incomplete for mview until
the required plan is provided to the Council.
Local water plans must meet the requirements for local water plans in Minnesota Statutes, section
10313.238 and Minnesota Rules Chapter 8410. In general, local surface water plans need to include a
summary of the priorities and problems in the community; structural, nonstructural and programmatic
actions to take to address the priorities and problems; and clearly identified funding mechanisms to fcc
the problems.
More detailed guidance for the local water plans can be found in Appendix C of the Council's 2040
Water Resources Policy Plan and in the Council's current Local Planning Handbook.
In addition, the Council has also updated its priority lake list that was first developed in the 1980s as
part of the Water Resources Fbfky Plan update. Figure 2 shows the priority lakes for Centerville. The
Council uses the priority lake fist to focus its limited resources. The list Is also used in the environmental
review process. Where a proposed development may Impact a priority lake, the project proposer must
complete a nutrient budget analysis for the lake as part of the environmental review process.
Also included on Figure 2 is the watershed organization(s) that Centerville is part of and a list of
impaired waters in the community for use in development of your local welter plans.
Other Plan Considerations
Water Supply
Local comprehensive plans also address water supply (Minn. Stat, Sec. 473.859). For communities in
the metropolitan area with municipal water supply systems, this local comprehensive plan requirement
is cast by completing the local water supply plan template, which was jointly developed by the
Metropolitan Council and the Minnesota Department of Natural Resource (DNR).
FOR COMMUNITIES WHO OWN/OPERATE A PUBLIC WATER SUPPLY SYSTEM:
Because your community owns/operates a municipal community public water supply system (PWS),
the local water supply plan must be updated as part of the local comprehensive plan (Minn. Stat., Sec.
103C.291).
The updated local water supply plan should include information about your community along
with information about any neighboring communities seared by your system.
You should update your local water supply plan upon notification by DNR. Local water supply plan due
dates will be staggered between January 1, 2017 and December 31, 2018. Your updated local water
supply plan should be submitted to the DNR. DNR will share the plan with the Council, and it will be
Page - 24 12015 SYSTEM STATEMENT --- CENTERVILLE WATER RESOURCES
reviewed concurrently by both agencies. This schedule allows the local water supply plans to be
completed and included in the local cony pre he nsive plan.
Failure to have an updated localwater plan will result in the comprehensive plan being found
incomplete for review until the req ui red plan is provided to the Council.
The water supply plan template fulfills multiple statutory obligations including:
* Minn. Stat., Sec. 1 03G.2g1 to complete a water supply plan including demand reduction
a• Minn. Stat., Sec. 473.859 to address water supply in local comprehensive plans
m Minn. Administrative Rules 4720.5280 to address contingency planning for water supply
interruption
The plan must be officially adopted by your community, and if applicable the utility board, as part of the
local comprehensive plan.
At a minimum, the updated local water supply plan must use the joint DNR and Metropolitan council
template and include water demand projections that are consistent with the community's population
forecast provided in the introductory section of this system statement. Potential water supply issues
should be acld�v►ledged, monitoring and conservation programs should be developed, and
approaches to resolve any issues should be identified.
Guidance and information for water supply planning can be found in the Appendix D of the 2040 Water
Resources PoNoy Plan, the Local Planning Handbook, and the Council's piaster Water Supply Plan.
The Council's !taster dater Supply Plan provides communities in the region with planning assistance
for water supply in a way that:
• Recognizes local control and responsibility for owning, maintaining and operating water systems
• is developed in cooperation and consultation with municipal water suppliers, regional
stakeholders and state agencies
• Protects critical habitat and water resources over the long term
• Meets regional needs for a reliable, secure water supply
■ Highlights the benefits of integrated planning for stormwater, wastewater and water supply
a Emphasizes and supports conservation and inter-jurisdictionai cooperation
0 Provides clear guidance by identifying key challenges/issues/considerations in the region and
available approaches without dictating solutions
Figures 3-5 illustrate some water supply considerations that the community may consider as they
develop their local water supply plans, such as: aquifer outer levels, groundwater and surface wafer
interactions, areas where aquifer tests or monitoring may be needed to reduce uncertainty, regulatory
and management areas, and emergency interconnections.
Page - 25 12015 SYSTEM STATEMENT — CENTERVILLE WATER RESOURCES
Figure !. MCES Sanitary Sewer Meter Service Areas
C�y of CenUrville, Anoka County
nj I It2rm,8
x
by Iwo
�--� Fon�drwrn
o of Unm*UW Fbw
Rm, cenper vwffP
SWAN Am"
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c wrAv oftadotiaB
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N Deg i lipmem BWM Cwdullnes
Am MIA. I or Pnmm
�. t�o1[ C10Rt111�i
Page - 26 12015 SYSTEM STATEMENT— CENTERVILLE WATER RESOURCES
P 9% Inambed Laku MIA Onaft MPr-A Mltid
a mmaosment umtntution Tvoa wN.P� � 1:Evwit A !Slime .120 IA fkak UPr-A -qW-Jr
PAW ZN4"UM Lafte
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OPM Lakes wW MaLlor Rk"
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MM&�K% -'Qftft&t f%.AfthMSMA
-;ef I ZU7,5 SYSTEM STATEMENT — CENTERVILLE WATER RESOUR
Fiour+e 3, Surface weW fmatures and laWmc ion with the molonal grourdwdw sysbm, and sUto-pkr tided sudme war baturm
ctnftm.00
;: inkm and Mvr ##rs
A w""m) Surhme.mftr type (m91mo1 sormidn8 by Met Courdq
Coomran Fin IDNR)
aeon�r�a�ra�
�•�•••• � a�� and ��
KFd scam 6"Mod io g
Page - 28 12015 SYSTEM STATEMENT - CENTERVILLE WATER RESOURCES
Figure 4. Availability of BAN Department of Natural Rssnurom groundwater level and SRN Deparanent of Health aquifer teat data
Centerville
w"Nom4wmum
0com m •ail sWift roVwW fi wmafi raWmum Woes {DNR)
OtswmW wag mw"g an opmd OW In =and oWmwo vas MNR)
Obfiavalr: odd " a d"moatd V"S in rm&* mrlflourn ire (UNR;
0 09N&Mw wW %A NWAM*dft to "vs* * Veftd to wrAnd afth = w0" P"
A*Tdd
Page - 29 12015 SYSTEM STATEMENT -- CENTERVILLE WATER RESOURCES
Figure & Municipaf pubNc water supply system fiWa rconnwtions and mogufatory manopment arm a
cer"Imile
L&m and MejorMmm
The canmunWi most rsmtWWwdK aupoy plan fop ft the the puNcwftr supply eyo*rn fm no Wman Moan
The cornminWs most romt local va bw eMply plan repohaVatthe puNc vvdw aupply syshn has one or more
m3pedW Woo end Bcdnp ConWradon Ana JMDH)
Nora and Be* M*o rPmWVwmr hiereepmvt Ame PJt)
Mode rab to Hlgy Vlelnerobie DelnWhg 11Mw Bupoy AM Pi1QH)
Ddnldr2 Vtltw Sop* ManepernertAme for Mlmeapobfit. P@U
Page - 30 12015 SYSTEM STATEMENT — CENTERVILLE WATER RESOURCES
REGIONAL PARKS SYSTEM
STATEM,-ENT
City of den%mffle
The Regional Parks System includes 62 regional parks, park reserves, and special recreation features,
plus more than 346 miles of regional trails that showcase the unique landscapes of the region and
provide year -around recreation. i�e Reglontil , Parks System is well -loved by our regton's residents and
attracted over 48 million annual visits In 2014.
The organizational structure of the Regional Parks System is unique, built upon a strong partnership
between the Council and the ten regional park implementing agencies that own and operate Regional
Parks System units. The regional park implementing agencies are:
µ
Anoka aunty Ramsey County
Cif of ftornI n-g_ ton City of Saint Paul
Carver County wit County
Dakdto County Three fivers Park District
M inne'apol s Ppirk and Recreation Board Washington County
The 2040 Regional Parks Policy Plan was developed b4opd on furthering the Thrive MSP 26WO
outcomes of Stewardship, Prosperity, Equity, Livability, and Sustainability. Thrive MSP 2040 states that
the Council will collaborate with the Metropolitan Parks and Open Space Commission, the regional park
agencies, and state partners tp:
• Expand the Regional Parks System to conserve, maintain, and connect nattjral resources
identified as being 9 of high qublity or havinp regional importance, as identified in the 2040
Regional Pans Poi k Plan.
• Provide a comprehensive regional pads and trail system that preserves high -quality natural
resources, increases climate resiliency, fosters healthy outcomes, connects communities, and
enhances quality of Iife in the region.
• Promote expanded multimodal access to regional parks, regional trails, and the transit network,
where appropriate.
• Strengthen equitable usage of regional pans and trails by all our region's residents, such as
across age, race, ethnicity, income, national origin, and ability.
Key Concepts in the 2040 Regionef Parks Policy Plan
The 2040 Regional Parks Policy Plan includes the following policies, each with specific associated
strategies:
Recreation Activi lee and FacillUes Policy: Provide a regional system of recreation
opportunities for all residents, while maintaining the integrity of the natural resource base within
the Regional Parks System.
Page - 31 1 2015 SYSTEM STATEMENT — CENTERVILLE REGIONAL PARKS
Siting and Acquisition Policy: identify lands with high -quality natural resources that are
desirable for Regional Perks System aches and put these lands in a protected status so they
will be available for recreational ruses and conservation purposes in perpetuity.
Manning Policy: Promote master planning and help provide integrated resource planning
across jurisdictions.
Finance Policy; Provide adequate and equitable funding for the Regional Parks System units
and facilities in a manner that provides the greatest possible benefits to the people of the region.
System Protection Policy: Protect public investment in acquisitlon and development by
assuring that every component in the system is able to fully carry out Its designated role as long
as a need for it can be demonstrated
The 2040 Regional Pars Policy Plans the metropolitan system plan for regional recreation open
space with which local comprehensive plans must conform. This system statement highlights the
elements of the system plan which apply specifically to your community. Find the complete tent of the
2040 Regional Pars Policy Plan on the CoungLls
2040 Regional Parks System Facilities
The Regional Parks System is comprised of four main types of facilities: regional parks, park reserves,
special recreation features and regional trails.
Regional Parks .
Regional parks most notably contain a diversity of nature -based resources, either naturally occurring or
human -built, and are typically 200-500 acres in size. Regional parks abWommodate a variety of passive
recreation activities.
Park Reserves
Park reserves, like regional parks, provide for a diversity of outdoor recreation activities. One major
feature that distinguishes a park reserve from a regional park is its size. The minimum size for a park
reserve is 1,000 acres. An additional characteristic of park reserves is that up to 20 ,percent of the park
reserve can be developed for recreational use, with at least 80 percent of the parr reserve to be
managed as natural lands that protect the ecological functions of the native landscape.
Special Recreation Features
Special recreation features are defined as Regional Parks System opportunities not generally found in
the regional parks, park reserves or trail corridors. Special recreation features often require a unique
managing or programming effort.
Regional Trails
Regional trails are classified as 1) destination or greenvvay trails and 2) linking trails. Destinaflon or
greenway trails typically follow along routes with high -quality natural resources that m a Ke the trail itself
a destination. Linking trails are predominately intended to provide connections between various
Regional Parks System facilities, most notably regional parks or park reserves.
Page - 32 1 2015 SYSTEM STATEMENT — CENTERVILLE REGIONAL PARKS
2040 Regions! Parks System Components
The 2040 Regional Parks Policy Plan identifies six components which together comprise the vision for
the Regional Parks System in 2040, as described below.
Existing Regional Parks System Facilities: include Regional Parks System Facilities that are
open for public use. These facilities include land that is owned by regional park implementing agencies,
and may include inholding parcels within the boundaries of these parks and trail corridors that have not
yet been acquired. Existing regional trails may include planned segments that will be developed in the
future.
Planned Regional Parka System Facilities (not yet open to the public): include Regional
Parks System Facilities that have a Council -approved master plan and may be in stages of acquisition
and development, but are not yet open for public use.
Regional Parks System Boundary Adjustments: include general areas identified as potential
additions to wdsting Regional Parks System FaciCfies to add recreational opportunities or protect
natural resources. Specific adjustments to park or trail corridor boundaries have not yet been planned.
Regional Para Search Areas: include general areas for future regional parks to meet the
recreational needs of the region by 2040 where the regional park boundary has not yet been planned.
Regional Trail Search corridors: include proposed regional trails to provide connections between
Regional Parks System facilities where the trail alignment has not yet been planned.
2040 Regional Trail Search corridor System Additions: include regional trail search corridors
that were added to the Regional Parks System as part of the 2040 Regional Parks Policy Plan.
Key Changes in the 2040 Regional Paris Policy Plan
Adopted by the Metropolitan Council in February 2015, the 2040 Regional Parks Policy Plan
incorporates the following changes:
Identify all proposed regional trails as regional trail search corridors
All proposed regional trails that are not yet open to the public and do not have a Metropolitan Council
approved master plan are represented as a general regional trail search corridor. The 2030 Regional
Parks Policy Plan depicted these trails with a proposed alignment. The alignment of these regional
trails will be determined in the future through a planning process led by the regional park implementing
agency. The alignment of these trails is subject to Metropolitan council approval of a regional trail
master plan.
Acquire and develop tors new regional trails or trail extensions to meet the needs of the
region in 2040. The 2040 Regional Trail Search corridor Additions include;
Carver County:
• County Road 61
• Highway 41
Page - 33 1 2015 SYSTEM STATEMENT — CENTERVILLE REGIONAL PARKS
Tree Rivers P rk's#n,;c;
rr.ri
* CP Rail Extension
# Dakota Raul Extension
0 Lake independence Extension
# Lake Sarah Extension
s Minnetristo Extension
0 North -South 1
i North -South 2
9 West Mississippi River
The 2040 Regional Parks System Platy Map is depicted in Figure 1. Centerville should consult the
complete LO.40 Reaional Parks Policy Plan,in preparing its local comprehensive plan. In addition,
Centerville should consult Thrive MSP 2040 and the current version of the Metropolitan Council's i� o
Planakg deadbook for specific information needed in its comprehensive plan.
System Plan Considerations Affecting Your Community
Regional Parks System Components to your community
The following Regional Parks System Components wf#hin Centerville as identified in the 2040 Regional
Parks Policy Plan are listed below.
Regional Parks, Park Reserves, and Special Recreation Features
Rice Creek Chain of Lakes Park Reserve: This is an existing park reserve With an established
boundary. The park reserve boundary as shown in Figure 2 should be acknowledged in the
comprehensive plan.
Regional Trails
Bunker llitl"hain of Lakes Regional Trail: This is a regional frail that includes segments that are
open to the public as well as planned segments that will be developed in the future. The regional trail
travels through Blaine and Lino Lames as it connects Bunker Hills Regional Park, Rice Creek North
Regional Trail and Face Creek Chain of Lakes Park Reserve. The regional trail alignment as shown in
Figure Z should be acknowledged in the comprehensive plan.
Central Anoka Regional Trail: This is a regional trail that includes segments that are open to the
public as well as planned segments that will be developed in the future. The regional trail travels
through Ramsey, Andover, Ham Lake, Blaine, Lino Lakes, and Centerville as it connects Mississippi
West Regional Park, Rum River Regional Trail, Bunker Hills Regional Park, East Anoka County
Regional Trail and Rice Creek Chain of Lakes Park Reserve. The regional trail alignment as shun in
Figure Z should be acknowledged in the vomprehensive plan.
Chain of Lakes43ftr Lake Regional Trail Search Corridor: The regional trail search corridor travels
through Centerville and Lino Lakes as it connects Rice Creek Chain of Lakes Park Reserve and Bald
Eagle -Otter Lake Regional Park in White Bear Township. A master plan identifying the alignment of the
Chain of Lakes -Otter Lake Regional Trail has been approved sirme adoption of the 2040 Regional
Parks Policy Plan. The alignment of the regional trail should be acAnowledged in the local
comprehensive plan. Anoka County will lead a planning process in the future to determine the
alignment of the regional trail. When preparing its comprehensive plan, Centerville should verify
whether a master plan has been approved by the Metropolitan Council. If a master plan has been
Page - 34 1 2015 SYSTEM STATEMENT — CENTERVILLE REGIONAL PAFM
approved, the plannecl regional trail alignment should be acknowledged in the comprehensive plan.
Otherse, the general search corridor as shown in Figure 2 should be acknowledged in the
comprehensive plan.
Tease contact Anoka County for more information regarding Regional Parks System Components in
Centerville,
Page - 35 1 2015 SYSTEM STATEMENT - CENTERVILLE REGIONAL PARKS
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Page - 37 1 2015 SYSTEM STATEMENT — CENTERVILLE REGIONAL PARKS
()o Stantec
MEMORANDUM
Date: March Z, 2016
To: Centerville Planning Commission
From: Phil Carlson, AICP, Consulting Planner
Project: Centerville Apartments - Concept Plan, Defoe/Waterworks Property
I NTRO D U CTI o N
A concept plan has been presented to the City from Partnership Investment Group LLC for an
apartment project on the Defoe property, site of the former Waterworks nightclub on Main
Street. There has been no formal submission so our review is informal, based on preliminary plans
submitted for discussion.
PLANNING ISSUES
1 ) The site is currently vacant, except for the closed nightclub building and parking lot. It
has shoreline on Centerville Lake and is across Main Street from Peltier Lake.
4 Stantec
Centerville
Planning commission
Centerville Apartments - Concept Plan March 2, 2016
2) In the City's Land Use Plan, the site is guided mostly for High Density Residential, allowing
a density of up to 12 units/acre, but the western corner is guided commercial, for the
Waterworks site.
ftulo
�A�1l�1111�
3) The site is zoned mostly R-3 High Density Residential, up to 12 units/acre, but the western
corner is zoned B-1 Commercial. All projects in the R-3 district require a Planned Unit
Development (PUD).
()o Stantec
Centerville
Planning commission
Centerville Apartments - concept Plan March 2, 2016
4) It appears that the apartment building straddles the Land Use Plan and zoning line
between high density residential and commercial, putting some of the project on the
Commercial land.
5) The commercial portion would need to be re -guided (Land Use Plan) and rezoned
(Zoning Map) so that the apartment project is consistent with the guiding and zoning.
6) The site appears to be about 5 acres in size, although there is no size noted on the
drawings.
7) Both the comp Plan and the zoning note a maximum of 12 units/acre, so the site would
allow up to about 60 units and this project is 108 units, or about 22 units/acre.
8) Density of 20-25 units/acre is typical and reasonable, and more housing near the center
of town is generally a good thing. If the project is to go forward at the scale proposed,
both the Land Use Plan and zoning would need to be amended.
9) The site plan is reasonable and parking adequate. The trail around the site is a good
feature.
10) For a project with a parking lot of this size, a second driveway onto Main Street might be
appropriate at the east end of the site.
11) There are numerous other details to be discussed.. including shoreland standards,
landscaping, lighting, building materials, and others, but the basic planning and zoning
needs to be understood and settled first.
12/1712015 robertcodmon I CONTACT
Architect
HOME BUILDINGS RENDERINGS CONTACT
Robert Johnson
architect
5201 Stonewood Dr
Eau Claire, Wl 54703
rdi arch ite CtOgm a i 1. c o rn
715-828 -8330
Name
Email
Subject
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6115.0210 - Minnesota Administrative Rules Page 1 of 2
Minnesota Administrative Rules Authenticate
Subpart 1. Goals, It is the goal of the department to limit the occupation of public
waters by offshore navigational facilities, retaining walls, and other structures in order to:
A. preserve the natural character of public waters and their shorelands;
B. provide a balance between the protection and utilization of public waters; and
C. encourage the removal of existing structures which do not serve the public
interest from the beds of public waters at the earliest practicable date.
Subp. 2. Scope. This part applies to the placement, construction, reconstruction,
repair, relocation, abandonment, or removal of any structure placed on or in public waters.
Subp. 3. Prohibited placement of structures. Placement of structures, temporary
structures, and floating structures is prohibited when the structure, temporary structure, or
floating structure. -
A. will obstruct navigation or create a water safety hazard;
B. will be detrimental to significant fish and wildlife habitat. Construction is
prohibited in posted fish spawning areas;
C. is designed or intended to be used for human habitation or as a boat storage
structure;
D. is designed or intended to include walls, a roof, or sewage facilities; or
E. will take threatened or endangered species listed in chapter 6134 without
authorization by the commissioner according to parts 6212.1800 to 6212.2300.
Subp. 4. No permit required. No permit is required for the following activities,
unless prohibited under subpart 3:
A. to construct, reconstruct, or install a dock, floating or temporary structure,
watercraft lift, or mooring facility if:
(1) the structure or mooring facility will not constitute a hazard to
navigation or public health, safety, and welfare, as determined by the commissioner;
(2) the structure will allow the free flow of water beneath it;
(3) the structure or mooring facility is not used or intended to be used as a
marina;
(4) the structure or mooring facility is consistent with or allowed under
local land use controls, as determined by the local government land use authority;
(5) the length of the structure is limited to that necessary to accomplish its
intended use, including reaching navigable water depths;
(6) the structure, other than a watercraft lift or watercraft canopy, is not
more than eight feet in width and is not combined with other similar structures so as to
create a larger structure; and
(7) docks placed on rock filled cribs are located only on waters where the
bed is predominantly bedrock, which is incapable of accepting pilings;
B. to construct or reconstruct a boat launching ramp if:
(1 ) privately owned ramps do not exceed 12 feet in width and do not
extend more than ten feet beyond the shoreline or into water more than four feet in depth,
whichever is less. Excavations five cubic yards or less, and placement of up to five cubic
yards of crushed rock, gravel, clean sand, or small stone are allowed to provide a stable
base or maintain use of the ramp;
(2) publicly owned ramps do not exceed 36 feet in width and do not extend
more than 30 feet waterward of the shoreline or into water more than four feet in depth,
11 - __ I1_..__-_. --- ,:.,�*' *,% eveNlv,/,.„1an/');r4=91 1 S n) 10 311/2016
Mike Ericson
From: Carlson, Phil < Phil.Carlson@stantec.com>
Sent: Monday, February 22, 2016 4:28 PM
To: Statz, Mark; Mike Ericson
Cc: Paul Palzer; Greg Burmeister, Tedd Peterson; Dan Schmitz; Teresa Bender
Subject: RE: Waterworks Revised Plan
Mike,
My comments on the Waterworks Plan:
1 } The site is guided mostly for High Density Residential in the City's Land Use Plan, up to 12 units/acre, but
the western 15%-20% +1- is guided Commercial
2) The site is zoned mostly R-3 High Density Residential, up to 12 units/acre, but the western 15%-20% is
zoned B-1 Commercial.
3) It appears that the apartment building straddles the Land Use Plan and zoning line between high
density residential and commercial, putting some of the project on the Commercial land.
4) The Commercial portion would need to be re -guided and rezoned so that the apartment project is
consistent with the guiding and zoning.
5) The site appears to be about 5 acres in size, although I don't see a size noted on the drawings.
6) Both the Comp Plan and the zoning note a maximum of 12 units/acre, so the site would allow up to
about 60 units and this project is 108 units, or about 22 units/acre.
7) Density of 20-25 units/acre is typical and reasonable, and more housing near the center of town is
generally a good thing. If the project is to go forward at the scale proposed both the Land Use Plan and
zoning would need to be amended.
8) The site plan is reasonable and parking adequate. The trail around the site is a good feature.
9) For a project with a parking lot of this size, a second driveway onto Main Street might be appropriate at
the east end of the site.
Conclusion: Clarification is needed on the land use and zoning designation of the Commercial portion of the
site; density needs to be addressed.
Phil Carlson
Associate
Sta ntec
2335 Highway 36 West St. Paul MN 55113-3819
Phone: (651) 967-4555
Cell: (612) 202-6474
Phil-Carlson@stantec.com
119
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Please consider the environment before printing this email.
From: Statz, Mark
Sent: Friday, February 12, 2016 6:29 PM
To: Mike Ericson
Cc: Paul Palzer; Greg Burmeister; Tedd Peterson; Dan Schmitz; Teresa Bender; Carlson, Phil
Subject: RE: Waterworks Revised Plan
Mike,,
Here are our City Engineer comments on the submitted concept sketch.
• We agree with the comments offered by the City's Public Works staff.
• The property should be platted. The newly platted lots should not make the existing Defoe home a non-
conforming use.
• The site plan should address access to the existing Defoe home/driveway.
• The capacity of downstream sanitary sewer will need to be evaluated, given the number of proposed
units. Connection should be made, if possible, to the gravity sewer stub in the northeast corner of the
site. This sewer flows towards Peltier Lake Drive and avoids modifications to Lift Station # 1. Modifications
to Lift Station #2 may still be necessary.
• Water main should be looped through the site from the two stubs available. Hydrants should be placed
on the site and should be reviewed by the Centennial Fire Department.
• The plan should address storm water treatment and rate control.
• The FEMA floodplain for the property should be shown on the map.
• Connections from the interior trails/walkways to the regional trail along Centerville Road should be
shown.
Our planning staff will offer further comments on zoning, parking, landscaping, conformance with the
comprehensive plan, etc.
From: Mike Ericson[mailto:MEricson@CENTERVILLEMN.com]
Sent: Monday, February 08, 2016 7:51 AM
To: Paul Pa lzer; Greg Burmeister; Tedd Peterson; Dan Schmitz; Teresa Bender; Statz, Mark
Subject: Waterworks Revised Plan
All...
Please review and comment.
Thank you.
Mike
From: Bill Lentsch [mailto:billlentsch@pmail.com]
Sent: Sunday, February 07, 201610:40 AM
To: Mike Ericson <MEricson @C ENTERVILLEMN.com>
Subject: Revised Plan
See Attached, plan for Defoe site.
William Lentsch
Partnership Investment Group, LLC
651-216-4253
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Section
CHAPTER 116: TOBACCO REGULATIONS; SALES
116.01 Purpose
116.02 Definitions
116.03 License required
116.04 Fees
116.05 Basis for denial of license
116.06 Prohibited sales
116.07 Vending machines
116.08 Self-service sales
116.09 Responsibility
116.10 Compliance checks and inspections
116.11 Other illegal acts
116.12 Violations
116.13 Exceptions and defenses
116.99 Penalty
§ 116.01 PURPOSE.
The city recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess
and use tobacco, tobacco products and tobacco -related devices, and these sales, possession and use are
violations of both state and federal laws; and because studies, which the city hereby accepts and adopts, have
shown that most smokers begin smoking before they have reached the age of 18 years and that those persons
who reach the age of 18 years without having started smoking are significantly less likely to begin smoking; and
because smoking has been shown to be the cause of several serious health problems which subsequently place a
financial burden on all levels of government; this chapter shall be intended to regulate the sale, possession and
use of tobacco, tobacco products and tobacco -related devices for the purpose of enforcing and furthering
existing laws; to protect minors agamst the serious effects associated with illegal use of tobacco, tobacco
products and tobacco devices; and to further the official public policy of the State of Minnesota in regard to
preventing young people from starting to smoke as stated in M.S. § 144.391, as it may be amended from time to
time.
Ord. 966, adopted - -
§ 116,02 DEFINNITIONS.
202 1 Page
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
COMPLL NCE CHECKS. The system the city uses to investigate and ensure that those authorized to
sell tobacco, tobacco products and tobacco -related devices are following and complying with the
requirements of this chapter. COMPLIANCE CHECKS shall involve the use of minors as authorized by
this chapter. COMPLIANCE CHECKS shall also mean the use of minors who attempt to purchase
tobacco, tobacco products or tobacco -related devices for educational, research and training purposes as
authorized by state and federal laws. Other units of government for the purpose of enforcing appropriate
federal, state or local laws may also conduct COMPLIANCE CHECKS and regulations relating to
tobacco, tobacco products and tobacco -related devices.
INDI VID UALL Y PA CKA GED. The practice of selling any tobacco or tobacco product wrapped
individually for sale. Individually wrapped tobacco and tobacco products shall include but not be
limited to single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or
other packing of snuff or chewing tobacco. Cartons or other packaging containing more than a single
pack or other container as described in this subdivision shall not be considered INDIVIDUALLY
PACKAGED.
LUDSIES. The common term used to refer to a single or individually packaged cigarette.
MINOR. Any natural person who has not yet reached the age of 18 years.
MOVEABLE PLACE OF BUSINESS. Any form of business operated out of a truck, van, automobile
or other type of vehicle or transportable shelter and not a fixed address, store front or other permanent
type of structure authorized for sales transactions.
RETAIL ESTABLISHMENT. Any place of business where tobacco, tobacco products or tobacco -
related devices are available for sale to the general public. RETAIL ESTABLISHMENT shall include
but not be limited to grocery stores, convenience stores and restaurants.
SALE. Any transfer of goods for money, trade, barter or other consideration.
SELF-SER ffCE MERCHANDISING. open displays of tobacco, tobacco products or tobacco -related
devices in any manner where any person shall have access to the tobacco, tobacco products or tobacco -
related devices, without the assistance or intervention of the licensee or the licensee's employee. The
assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product or
tobacco -related device between the customer and the licensee or employee. SELF-SERVICE
MERCHANDISING shall not include vending machines.
TOBACCO or TOBACCO PRODUCTS. Any substance or item containing tobacco leaf, including but
not limited to cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots;
stogies; perique; granulated plug cut, crimp cut, ready -rubbed and other smoking tobacco; snuff flowers;
Cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps; clippings; cuttings; and
sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in a manner as to be suitable
for chewing, spitting or smoking.
203 1 Page
TOBACCO -RELATED DEVICES. Any tobacco product as well as a pipe, rolling papers or other
device intentionally designed or intended to be used in a manner which enables the chewing, sniffing or
smoking of tobacco or tobacco products.
VENDING MACHINES. Any mechanical, electric or electronic, or other type of device which
dispenses tobacco, tobacco products or tobacco -related devices upon the insertion of money, tokens or
other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco
product or tobacco -related device.
ord. #66, adopted - -
§ 116.03 LICENSE REQUIItED.
No person shall sell or offer to sell any tobacco, tobacco products or tobacco -related device without first
having obtained a license to do so from the city.
(A)Applicationfor license. An application for a license to sell tobacco, tobacco products or tobacco -related
devices shall be made on a form provided by the city. The application shall contain the full name of the
applicant, the applicant's residential and business addresses and telephone numbers, the name of the
business for which the license is sought, and any additional information the city deems necessary. Upon
receipt of a completed application, the Administrator shall forward the application to the Council for
action during a regularly scheduled Council meeting. If the Administrator shall determine that an
application is incomplete, he or she shall return the application to the applicant with notice of the
information necessary to make the application complete.
(B)Action.
(1) The Council may either approve or deny the license, or it may delay action for a reasonable
amount of time to complete any investigation of the application or the applicant it deems
necessary.
(2) If the Council shall approve the license, the Administrator shall issue the license to the applicant.
(3) If the Council denies the license, notice of the denial shall be given to the applicant along with
notice of the applicant's right to appeal the Council's decision.
(C) Term. All licenses issued under this chapter will expire December 31 of the year the license was
purchased.
(D)Suspension or revocation. Any license under this chapter may be revoked or suspended as deemed
necessary by the Council.
(E) Transfers. All licenses issued under this chapter shall be valid only on the premises for which the
license was issued and only for the person(s) to whom the license was issued. No transfer of any license
to another location or person or entity shall be valid without the prior approval of the Council. The
204 1 Page
licensee shall not be entitled to a refund of the license fee upon revocation or voluntarily ceasing the
licensed activity.
(F) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed
premises.
(G)Renewals.
(1) The renewal of a license issued under this section shall be handled in the same manner as the
original application.
(2) The request for a renewal shall be made at least 30 days but no more than 60 days before the
expiration of the current license. The issuance of a license issued under this chapter shall be
considered a privilege and not an absolute right of the applicant and shall not entitle the holder to
an automatic renewal of the license.
Penalty, see § 116.99
Ord. #66, adopted - -
§ 116.04 FEES.
(A)No license shall be issued under this chapter until the appropriate license fee is paid in full.
(B) The fee for a license under this chapter shall be determined by resolution of the City Council.
Ord. # 66, adopted - -
§ 116.05 BASIS FOR DENIAL OF LICENSE.
(A) The following shall be grounds for denying the issuance or renewal of a license under this chapter;
however, except as may otherwise be provided by law, the existence of any particular ground for denial
does not mean that the city must deny the license.
(1) The applicant is under the age of 18 years;
(2) The applicant has been convicted within the past five years of any violation of a federal, state or
local law, ordinance provision or other regulation relating to tobacco, tobacco products or
tobacco -related devices;
(3) The applicant has had a license to sell tobacco, tobacco products or tobacco -related devices
revoked within the preceding 12 months of the date of application;
205 1 Page
(4) The applicant fails to provide any information required on the application, or provides false or
misleading information; or
(5) The applicant is prohibited by federal, state or other local law, ordinance or other regulation from
holding the license.
(B) If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the
person was ineligible for the license under this section.
Ord. #66, adopted - -
§ 116.06 PROffiBITED SALES.
It shall be a violation of this chapter for any person to sell or offer to sell any tobacco, tobacco product
or tobacco -related device:
(A) To any person under the age of 18 years;
(B) By means of any type of vending machine, except as may otherwise be provided in this chapter;
(C) By means of self-service methods whereby the customer does not need to make a verbal or written
request to an employee of the licensed premises in order to receive the tobacco, tobacco products or
tobacco -related devices and whereby there is not a physical exchange of tobacco, tobacco products or
tobacco -related devices between the licensee or the licensee's employee and the customer;
(D)By means of loosies as defined in this chapter;
(E) Containing opium, morphine, jimsonweed, belladonna, strychnos, cocaine, marijuana or other
deleterious, hallucinogenic, toxic or controlled substances except nicotine and other substances found
naturally in tobacco or added as part of an otherwise lawful manufacturing process; or
(F) By any other means, to any other person or in any other manner of form prohibited by federal, state or
other local law, ordinance provision or other regulation.
Penalty, see § 116.99
Ord. #66, adopted - -
§ 116.07 VENDING MACHINES.
It shall be unlawful for any person licensed under this chapter to allow the sale of tobacco, tobacco
products or tobacco -related devices by the means of a vending machine unless minors are at all times prohibited
from entering the licensed establishment.
206 1 Page
Penalty, see § 116.99
Ord. 966, adopted - -
§ 116.08 SELF-SERVICE SALES.
It shall be unlawful for a licensee under this chapter to allow the sale of tobacco, tobacco products or
tobacco -related devices by any means whereby the customer may have access to the items without having to
request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of
the tobacco, tobacco products or the tobacco -related devices between the licensee or his or her clerk and the
customer. All tobacco, tobacco products and tobacco -related devices shall either be stored behind a counter or
other area, not freely accessible to customers, or in a case or other storage unit not left open and accessible to
the general public. Any retailer selling tobacco, tobacco products or tobacco -related devices at the time this
chapter is adopted shall comply with this section within 90 days. Self-service sales restrictions shall not apply
to retail stores which derive at least 90 percent of their revenue from tobacco and tobacco -related products and
which cannot be entered at any time by a person(s) younger than 18 years of age.
Penalty, see § 116.99
Ord. #66, adopted - -
§ 116.09 RESPONSIBILITY.
All licensees under this chapter shall be responsible for the actions of their employees in regard to the
sale of tobacco, tobacco products or tobacco -related devices on the licensed premises and the sale of the item by
an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as
prohibiting the city from also subjecting the clerk to whatever penalties are appropriate under this chapter, state
or federal law, or other applicable law or regulation.
Ord. #66, adopted - -
§ 116.10 COMPLIANCE CHECKS AND INSPECTIONS.
All licensed premises shall be open to inspection by the city police or other authorized city officials
during regular business hours. From time to time, but at least once per year, the city shall conduct compliance
checks by engaging, with the written consent of their parents or guardians, minors over the age of 15 years but
less than 18 years, to enter the licensed premises to attempt to purchase tobacco, tobacco products or tobacco -
related devices. Minors used for the purpose of compliance checks shall be supervised by city designated law
enforcement officers or other designated city personnel. Minors used for compliance checks shall not be guilty
of unlawful possession of tobacco, tobacco products or tobacco -related devices when those items are obtained
as a part of the compliance check. No minor used in compliance checks shall attempt to use a false
identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall
answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any
identification, if any exists, for which he or she is asked. Nothing in this section shall prohibit compliance
207 1 Page
checks authorized by state or federal laws for educational, research or training purposes, or required for the
enforcement of a particular state or federal law.
Penalty, see § 116.99
Ord. #66, adopted - -
§ 116.11 OTHER ILLEGAL ACTS.
Unless otherwise provided, the following acts shall be a violation of this chapter.
(A) Illegal sales. It shall be a violation of this chapter for any person to sell or otherwise provide any
tobacco, tobacco product or tobacco -related device to any minor.
(B) Illegal possession. It shall be a violation of this chapter for any minor to have in his or her possession
any tobacco, tobacco product or tobacco -related device. This division shall not apply to minors lawfully
involved in a compliance check.
(C) Illegal use. It shall be a violation of this chapter for any minor to smoke, chew, sniff or otherwise use
any tobacco product or tobacco -related device.
(D)Illegal procurement.
(1) It shall be a violation of this chapter for any minor to purchase or attempt to purchase or
otherwise obtain any tobacco, tobacco product or tobacco -related device, and it shall be a
violation of this chapter for any person to purchase or otherwise obtain the items on behalf of a
minor.
(2) It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally
purchase or otherwise obtain or use any tobacco, tobacco product or tobacco -related device.
(3) This division shall not apply to minors lawfully involved in a compliance check.
(E) Use of false identification. It shall be a violation of this chapter for any minor to attempt to disguise his
or her true age by the use of a false form of identification, whether the identification is that of another
person or one on which the age of the person has been modified or tampered with to represent an age
older than the actual age of the person.
Penalty, see § 116-99
Ord. #66, adopted - -
§ 116,12 VIOLATIONS.
2081Page
(A) Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally
or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of
his or her right to be heard on the accusation.
(B) Hearings. If a person accused of violating this chapter so requests, a hearing shall be scheduled, the
time and place of which shall be determined by Anoka. County.
(C) Hearing officer. Anoka County shall serve as the hearing officer.
(D)Decision. If the hearing officer determines that a violation of this chapter did occur, the decision, along
with the hearing officer's reasons for finding a violation and the penalty to be imposed under this
chapter or as the court rules, shall be recorded in writing, a copy of which shall be provided to the
accused violator and his or her parent or legal guardian. Likewise, if the hearing officer finds that no
violation occurred or finds grounds for not imposing any penalty, the findings shall be recorded and a
copy provided to the acquitted accused violator and his or her parent or legal guardian.
(E) Appeals. Appeals of any decision made by the hearing officer shall be filed in the district court for the
city in which the alleged violation occurred.
(F) Misdemeanor prosecution.
(1) Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any
alleged violation of this chapter.
(2) If the city elects to seek misdemeanor prosecution, no administrative penalty shall be imposed.
(G) Continued violation. Each violation, and every day in which a violation occurs or continues, shall
constitute a separate offense.
Penalty, see § 116.99
Ord. #66, adopted - -
§ 116.13 EXCEPTIONS AND DEFENSES.
Nothing in this chapter shall prevent the providing of tobacco, tobacco products or tobacco -related
devices to a minor as part of a lawfully recognized religious, spiritual or cultural ceremony. It shall be an
affirmative defense to the violation of this chapter for a person to have reasonably relied on proof of age as
described by state law.
Ord. #661, adopted - -
§ 116.99 PENALTY,
209 1 Page
(A) Licensees and employees. Any licensee and any employee of a licensee found to have violated this
chapter shall be charged an administrative fine which shall be determined by resolution of the City
Council for a first violation of this chapter; for a second offense at the same licensed premises within a
24-month period; and/or a third or subsequent offense at the same location within a 24-month period. A
fine shall be determined by resolution of the City Council. In addition, after the third offense, the
license shall be suspended for not less than seven days.
(B) other individuals. Other individuals, other than minors regulated by division (C) of this section, found
to be in violation of this chapter shall be charged an administrative fee set by resolution of the City
Council.
(C) Misdemeanor. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor
for any violation of this chapter.
Ord. 166, adopted - -
210 1 P age
Neighbors blast'stinky hookah smell'
APRIL 12, 2012 6:30 AM • BARBARA SODERLIN JOURNAL STAFF
Tenants of the Buell Building in downtown Rapid City are upset with their
landlord for leasing space to two hookah lounges that they say are filling the
building with the sweet-smelling smoke.
"I thought the building was on fire, it smelled so bad," said Susan Grubl, who
has posted a sign on the door of her Merle Norman cosmetics shop that says
"Closed due to stinky hookah smell."
1 feel like I'm suffering," Grubl said. "I don't feel like I should open my business
while I can't stand to stay there. How can I expect my customers to be there?"
Two hookah lounges, Classified Hookah and Sahara Nights, opened in the
building in the past month, attracting young adults who hang out in the
evenings and smoke shisha tobacco out of hookah water pipes.
While the lounges are busiest on Friday and Saturday nights, the smell lingers
and is there on Monday morning when the shops open for business. Besides
Merle Norman, tenants include an attorney, artists, massage studios, a hair
salon, a weight loss coach and several marketing firms.
Grubl took her complaint to the mayor's office and her Florida -based landlord
and said if nothing changes, she will find another place to do business.
Building owner Ron Bazac, who lives in the Miami area, said Wednesday that he is working on the problem, but it will take
time.
"This is not something I can fix right away," he said. "This is something I need to do the proper way. I just hope everybody
will be patient and everything will be solved in the end."
Bazac said he contacted the lounge owners and told them to install ventilation systems.
Sahara Nights owner Spencer Seljeskog said Wednesday that he is working with a contractor to install an air circulation
system in the basement of his hookah lounge.
"We don't want to make our neighbors upset so we're doing everything we can to fix the problem," he said. He said he
expects a system to be in place by next week.
Classified Hookah owners did not return messages left Wednesday.
Bazac said he can't get rid of the hookah businesses without giving them a chance to address the issue.
"if they cannot fix it, they're going to have to close the place," he said. "It is a violation of the lease. It constitutes a
nuisance."
Hookah lounges are relatively new to Rapid City, with the first one opening in 2008. No other city in South Dakota has one.
The two new lounges in the Buell Building at the corner of St. Joseph and Seventh streets are opening at a time when the
businesses are under increased scrutiny from law enforcement. The statewide smoking ban exempts retail tobacco stores
such as hookah lounges from the smoking ban as long as they generate 65 percent of income from tobacco sales and do
not allow on -premise alcohol consumption.
Bazac said city officials should have made sure there was a proper ventilation system before allowing the businesses to
operate.
"it seems like somebody was sleeping and not doing their job," he said.
But city officials don't review business uses unless a permit is required, such as for remodeling or liquor sales. city building
official Brad Solon said that in response to complaints from tenants, a building inspector visited the site this week and left
information for the lounge owners to contact the city to see if any permits are required.
But there is nothing the city can do to stop the lounges from allowing hookah smoking, Solon said. Because hookah lounges
are a legal retail use, they are allowed in the central business district under zoning ordinances, he said
"I don't see anything that expressly prohibits what they're doing," Solon said.
He said the landlord and tenants will have to work the problem out themselves and noted that other businesses cause
smells, too.
"A bakery is going to make a smell," he said. "If you have a Hardee's, it's going to smell like bacon and roast beef
sandwiches."
Tenants say it is not just the smell; it's that smoke is a health hazard.
1 need it healthy in here," said Cheryl Carleton, owner of Reset Weight. "1 don't need people ingesting smoke in a wellness
facility. It's not good for business."
Heather Payden-Williams, the owner of the Art of Massage that is upstairs, agreed.
"I'm selling wellness, so I don't appreciate having to drift through a smoke cloud to get my work done," she said.
She said the smoke is also affecting her. "My eyes were red, and I had a massive headache."
The smell is stronger in some parts of the building than in others. Attorney Mario Gonzalez said he didn't notice it. But next
door to his office, Mickey Mackaben is upset.
The owner of Salon Transitions by Mickey considers the smoke disrespectful and inconsiderate.
"I'm not saying hookahs are bad, but there is a responsibility when you have that type of a business," she said.
Bazak said he will push the lounge owners to fix the problem and plans to come to Rapid City to see how the businesses
are operating.
It remains to be seen, however, if he will be able to act quickly enough to satisfy his other tenants.
Grubl said if nothing changes, she also will try to contact the state health department.
"I'm trying to figure out where to go, because it is a health hazard," she said.
Contact Barbara Soderlin at 394-8417 or barbara.soderlin@rapidcityjournal.com.
To: Honorable Mayor and City Council
RE: Zoning and Licensing of Tobacco Shops in Moorhead
11/14/2011
BACKGROUND:
Over the past year, municipalities across Minnesota have enacted or considered new
restrictions on tobacco sales in their communities. These communities have come from
across Minnesota and include both very large cities (Minneapolis and St. Paul) and
smaller communities (Little Canada, St. Anthony, Northfield, Prior Lake, and Oakdale).
These new ordinances result from the changing nature of tobacco retail sales in
Minnesota. These changes include an explosion of "pipe shops" across the state,
confusion concerning "Hookah Bars", and the "Tobacco Modernization and Compliance
Act of 2010".
I will be casually referencing several documents in this discussion. Among these include
the City of St. Paul's brief on changing their tobacco ordinance, the Minnesota League of
Cities model ordinance on tobacco sales, and various municipal codes from across the
state. Links are included at the end of this document.
LICENSES:
Under current Minnesota law, local municipalities are allowed to have tighter restrictions
than those outlined in state law. Many municipalities have taken this opportunity to
customize their ordinances to reflect local concerns, zoning districts, and community
standards.
Moorhead's current City Code concerning tobacco sales, in my opinion, is a very basic
and inadequate document. Other municipalities have much more comprehensive
ordinances. In late 2010, the Minnesota League of Cities, at the request of various
communities, provided a "Model Ordinance' which may be adopted or modified as
desired.
Some of the shortcomings in the current Moorhead city code include the fact that shops
selling "Tobacco Related Devices" (pipes and rolling papers) do not currently need a
tobacco license. This loophole is addressed in the Tobacco Modernization and
Compliance Act of 2010.Other shortcomings include the unlimited allowance of tobacco
shop licenses in mixed -use residential districts in the city and the lack of a proper
definition of "Tobacco/Smoke Shops" in the zoning and usage charts.
Some of the restrictions and additional license requirements imposed by other
municipalities across Minnesota include:
• A strict definition and tighter regulation of tobacco -only shops {Tobacco
..nl
Product Shops, Smoke Shops, etc.).
• Restricting tobacco licenses in certain z ning districts. Minneapolis bans
the issuance of tobacco licenses in their C-1 district, and St. Paul requires
a Conditional Use Permit for any tobacco shops in two of their zoning
districts.
• Restrictions on the hours of operation for "Tobacco Product Sho s" (Little
Canada).
• A more in -de th license application that can allow for a closer scrutiny of
potential licensees. Minneapolis, for example, has a five -page application
which includes a listing of all owners, partners, corporate members, and
managers. The license application also requires a full description of the
business activities to take place at that specific location.
• Restriction on the display of "Tobacco Related Devices" in shops covered
under a "general" tobacco licenses (Little Canada).
• Restriction on the number of tobacco licenses permitted in each
community. Columbia Heights limits the number of tobacco licenses in
their city to 5.Other communities have discussed limiting the number of
licenses offered to "Tobacco Product Shops" but allow for unlimited
"general" tobacco licenses.
• Required training programs, similar to laws Moorhead currently has for
liquor store and bar employees, which must be completed by the owner of
the establishment (Minneapolis and Prior Lake).
• Restrictions on the density of tobacco licenses. Cities have adopted
different restrictions from one-half mile between shops to as little as 500
feet. Other communities have also passed restrictions on the proximity of
tobacco shops to churches, schools, playgrounds, and youth centered
facilities (St. Paul and Little Canada).
• Amount of floor space allowed to be used for the display of tobacco and
tobacco related devices. Little Canada restricts Tobacco Stores to a
maximum of 15 % of floor space dedicated to the display of tobacco or
tobacco related devices.
"`HOOKAH LOUNGES" AND TOBACCO PRODUCT SHOPS:
In August 2011, the Minnesota Department of Heath put out a fact -sheet which states that
the 2007 Minnesota Clean Indoor Air Act ("Freedom to Breathe Act"):
"allows the lighting of tobacco [smoking] within the indoor area of a tobacco
products shop `by a customer or potential customer for the specific purpose of
sampling tobacco products. "'
Therefore. under Minnesota. state law, shops defined as "Tobacco Product Shops" are
allowed to provide "samples" to customers to be smoked indoors (much like off -sale
liquor stores offering samples of wine or beer). This exception has prompted some
businesses in Minnesota to open and advertise "Hookah Bars" or "Hookah Lounges"
where customers are allowed to smoke indoors.
In order to comply with the law, shops have to prove that they met all the requirements of
a "Tobacco Product Shops":
"The retail establishment must have an entrance door opening directly to the
outdoors. [and} Greater than 90 percent of the shop's gross revenue must be from
the sale of tobacco, tobacco products or smoking related accessories. [and]
`Tobacco Products Shop' does not mean a tobacco department or section of any
individual business establishment with any type of liquor, food or restaurant
license." — From Minnesota Department of Health Fact sheet, Freedom to
Breathe in Tobacco Products Shops: How the Minnesota Clean .indoor Air Act
applies to Tobacco Product Shops
Currently, the communities of St. Paul, Minneapolis, Little Canada and Columbia
Heights allow indoor smoking in stores which meet the definition of "Tobacco Product
Shop" in the Freedom to Breathe Act. These stores include Flamezzzz in Minneapolis,
The Hookah Hideout in Little Canada, as well as others in St. Paul and Columbia
Heights. Recently, in an article in the High Plains Reader, the owner of Pyromaniacs
stated that he intends to Men a hookah bar in Moorhead.
Communities confronting this new reality have done one of two things. First, they have
defined "Tobacco Product Shop" in their cities and then they have allowed or banned
indoor smoking, even for the purpose for samples
MOVING FORWARD:
If the Council would like to examine changing tobacco licenses or zoning restrictions, we
will need to give a 3O days notice to all tobacco license holders.
Some actions to be considered might include:
* Adoption of a definition for a "Tobacco Product Shop" or its equivalent as
defined by the Freedom to Breathe Act.
• New licensing application with more information required and description
of business to be licensed.
• Restrictions on tobacco licenses or "Tobacco Product Shops" in certain
zoning districts in the city.
■ Possible proximity restrictions on "Tobacco Product Shops" or on all
tobacco licenses.
• Restrictions on advertisement and signage for "Tobacco Product Shops"
or all tobacco licensees in the City.
• Allowance or banning of "sampling" in establishments which meet the
definition of "Tobacco Product Shop".
Required training of personnel who sell tobacco products or tobacco
related devices in Moorhead.
Limit the amount of floor space that can be dedicated to tobacco products
or tobacco related devices in "Tobacco Product Shops".
I hope this background is helpful and I am willing to answer any questions to the best of
my ability. This document is in no way fully comprehensive of the discussions occurring
across Minnesota, but I hope it will provide some guidance moving forward. Below you
will find list of links relevant to this discussion. There is much more information
available, including media reports and municipal agendas and minutes, which I can send
out if desired by the Council.
LINKS.
Discussion by the City of St. Paul concerning "sampling" and "Tobacco Product Shops"
www. stpaul. govldocumentview. aspx?did =15698
Minnesota League of Cities Model Tobacco Ordinance
www. Imc. orglmedia/documentllltobacco_licensing ordinance. doc
Department of Health fact sheet on "Tobacco Product Shops" can be found by Googling:
"Minnesota Department of Health Tobacco Product Shops "
City Codes referenced in this document can be found on the City websites of the
following communities:
Little Canada (www-c1-litt1e-canada.mn.us1)
St. Paul (www.stpauLgov1)
Minneapolis (www.minneapo1ismn-gov1)
Prior Lake (www.cityofpriorlake.com/)
St. Anthony Village (www.ci.saint-anthony.mn.us/)
Columbia Heights(www.ci.Columbia-heights.mn.us/)
Oakdale (www.c1.oakdale.mn.us/)
A full listing of every municipal and county code in the State of Minnesota can be found
at: www. lawlibrary.state. mn. uslordinance. html
PLANNING COMMISSION
Kathi Donnelly -Cohen, Chair, ,
CITY OF SAINT PAIL 25 I -Vest Fora th Street
Christopher B. Coleman, bla}nor Saint Pant, ►SIN 55102
Date: February 15, 2011
To:, Neighborhood Planning Committee
From: Patricia James.651.266.6639
RE: Tobacco Shop Zoning Study
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Teleplione: 651-266-6562
Facsimile: 651-228-3314
On May 12, 2010, the City Council adopted Resolution 10-496, enacting a moratorium on the
issuance of zoning permits or approvals (including site plans, lot splits, or plats), building permits,
and occupancy certificates for any tobacco shop, and directed the Planning Commission to study the
present zoning regulation of tobacco shops and, if needed, recommend amendments to the present
zoning regulations and official controls.
On August 11, 2010, follow-up interim ordinance 10-777 was adopted. It specifically referenced the
growing number of businesses, called "hookah lounges," "hoorah bars," "`hookah caf6s," etc. that are
being licensed as tobacco shops and offer "sampling" of tobacco products smoked in hookah pipes.
The ordinance also noted that using a water pipe does not lessen the adverse health effects of smoking
tobacco products.
Regulatory Background 1.
The Minnesota Clean Indoor Air Act was adopted in 1975. It prohibited smoking in many indoor
places. In 2007, the Freedom to Breath Act expanded the previous act in order to more fully protect
employees and the public from the health hazards of secondhand smoke, and it extended the smoking
prohibition to nearly all indoor places (MN. Statutes Sec. 144.411-144.417).
MN Statutes Sec. 144.4167, Subd. 4 allows an exemption for `{sampling" of tobacco products in
tobacco products shops. while a definition of "tobacco products shop" is provided, the term
"sampling" is not defined in the statute. However, it does pert local units of government to adopt
more stringent regulations regarding exposure to secondhand smoke and to regulate outdoor smoking
as well.
Sec. 144.4167 PERMITTED SMOKING. Subd. 4. Tobacco products shop states:
Sections 144.414 to 144.417 do not prohibit the lighting of tobacco in a tobacco products shop
by a customer or potential customer for the specific purpose of sampling tobacco products.
For the put poses of this subdivision, a tobacco products shop is a re Oil establishment with an
entrance door opening directly to the outside that derives more than 90 percent of its gross
revenue from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, and
other smoking devicesfor burning tobacco and related smoking accessories and in which the
sale of other products is merely incidental "Tobacco products .shop" does not include a
Neighborhood Committee
Tobacco Shop Zoning Study
Page 2 of 3
tobacco department or section of any individual business establishnient with any type of
liquor, food, or restaurant license. [Emphasis added]
Saint Paul's zoning code permits a `tobacco shop" as a retail sales and service use in all mixed use,
commercial and industrial districts except the OS Office -Service and the TN1 Traditional
Neighborhood districts. The code does not include a land use definition of a "tobacco shop," nor are
there any standards and criteria for the use.
Tobacco shops are also required to obtain a City tobacco sales license and are regulated under
Chapter 324. In most cases, businesses with a retail tobacco sales license either have another primary
purpose and sale of tobacco products and related goods is accessory to the principal use, or the sales
are for purely off prep uses consumption.
Amending the zoning code would enable the City of Saint Paul to differentiate between businesses
whose primary purpose is to sell tobacco and tobacco -related products and that may offer product
sampling and the majority of businesses that sell tobacco and tobacco -related products as only a
portion of their more general commercial/retail business (e.g. grocery stores, convenience stores, bars
and restaurants, etc.). The Department of Safety and Inspections is also reviewing the license
regulations relative to the operation of these businesses and will be proposing amendments to Chapter
324 as needed.
Staff Recommendation
1. Amend Chapter 65 to include a definition of tobacco products shop consistent with
state statute and to distinguish these shops from other businesses where tobacco sales
are not the primary use.
2. Establish standards and conditions for the use that
a. require a minimum distance between tobacco products shops, and
b. provide for planning commission review of larger facilities in the BC and TN2
zoning districts, consistent with the requirement for other types of uses.
Proposed Zonin Text Amendments
Sec. 65.535. Tobacco products shpp.
A retail establishment with a rinci al entrance door openingopenipg directly to the outside
onto a pjLblic fight-of-wayfight-of-wqy that derives more than 90 ercent of its gLoss revenue from the sale
of loose tobaccoplants, or herbs and ci ars cigarettes, pipes, and other smoidng devices for
burning tobacco and related smokingaecessories and in which the sale of other products is
merely incidental. "Tobacco pioducts sho " does not include a tobacco de artment or section
of an individual business establishment with an a of li uor food or restaurant license.
[The new definition is the same as that in Minnesota Statutes and will maintain consistency with state and local
regulation. The reference to "public right-of-way" clarifies that the principal entrance cannot be onto private
property.]
Standards and conditions:
(a) No tobacco roducts sho shall be located within 1/2 mile 2 640 ft. of another
tobacco products sho
Neighborhood Committee
Tobacco Shop Zoning Study
Page 3 of 3
(b) In the BC cMMuni business converted and TN2 traditional neighborhood
districts a conditional use permit is r uired for tobacco products sho s with a
floor area wcater than 2,500 square feet.
[These uses are called out as potential exceptions to the general indoor smoking ban in Minnesota and are
therefore likely to draw customers fiom a larger area than other types of neighborhood -oriented businesses.
Establishing a distance between businesses that have the option to permit sampling will help to ensure the
continuance of a variety of businesses in commercial areas without unduly limiting the number of these
businesses. Currently there are 12 businesses that Licensing staff in the Department of safety and inspections
have identified as meeting the proposed definition. Only two of these businesses would become nonconforming
with the half mile distance requirement. As legal nonconforming uses, these businesses could remain at their
current locations indefinitely.
Requiring a conditional use permit for larger tobacco products shops is consistent with the intent of the BC
district to "permit the operation of businesses which do not generate large amounts of traffic... "and the TN2
district to "foster compact, pedestrian -oriented commercial... development" and encourage a variety of uses, No
existing business would be affected by this requirement,
Table 66.321. Principal Uses in Traditional Neighborhood Districts
Use
TN1
TN2
TN3
Development Standards
Tobacco product.
shop
P/C
P
Table 66.421. Principal Uses in Business Districts
Use
OS
B 1
BC
B2
B3
B4
BS
Development
standards
Tobacco
g
P/C
P
P
P
P
�11
roducts shop
-Table 66.521. Principal Uses in Industrial Districts
Use
IR
I1
I2
I3
Development Standards
Tobacco
products shop
P
P
P
�
[These uses are called out as potential exceptions to the general indoor smoking ban in Minnesota and are
therefore likely to draw customers from a larger area. Permitting them in commercial and industrial districts that
VP
are intended to draw from a larger area than the immediate neighborhood limits potential traffic impacts on the
B 1 district, which is intended to serve "the convenience shopping or service needs of persons residing in nearby
residential areas.")
TOBACCO SHOP LOCATIONS
BUSINESS NAME ADDRESS ZONING
TOBACCO &BEYOND
898 ARCADE STST
�
PAUL MN 55106
STOGIES ON GRAD
961 GRAND AVE
BC
ST PAUL MN 55105-3015
GRAND -HOOKAH
1826 GRAND AVE
B2
ST PAUL MN 5 5105-1403
SMOKES R LESS
2111 HUDSON ROAD
B2
ST PAUL MN 55119-4406
MARYLAND TOBACCO
1375 MARYLAND AVE E
TN2
ST PAUL MN 55106-2862
GOLDEN LEAF ON W 7TH
277 7TH ST W
TN2
ST PAUL MN 55102
PLAZA TOBACCO
2419 7TH ST W
B2
ST PAUL MN 5 5116-2839
1704 SUBURBAN AVE
DISCOUNT TOBACCO
ST PAUL MN55106-6632
BZ
152 UNIVERSITY AVE WCAPITOL
TOBACCOS
ST PAUL MN 55103-2043
CAAPCJ
MIDWAY TOBACCO & MARKETPLACE
1418 UNIVERSITY AVE W
B2
ST PAUL MN 5 5104-4001
1464-1 I2 UNIVERSITY AVE
MIDWAY TOBACCO SMOKES
w
B2
ST PAUL MN 55104-3941
LOUNGE 280
2418 UNIVERSITY AVE W
B 3
2430 UNIVERSITY AVE W
B3
ST PAUL MN 55114-1706
AGENDA
2016 CEN RVILLE FETE DES LACS FESTIVAL COMMITTEE
MONDAY, BRUARY 29, 2016 - 6:30 PM
Centerville City Hsll
6:30 pm 1. Welcome and Introductions — Mike Ericson
6:40 pm 2. Review Charge from Centerville Lions and Businesses
"Fun Family Event That Builds Community"
"Beach Party Theme"
• Recap of January 25, 2016 meeting
• 5IK & SK Race Director Report — Kerri Kolstad
o Telecon with Midwest Events
6:50 pm 3. 2016 Committees
• Publicity — Flyer in windows of businesses
• Food -- Lions
■ Music — Tom Lee
• Volunteers -- Lions and Park & Recreation
* Sponsors — Mike and Kerri
■ Parade 1 Solicit Bands — Jeff and Ben & Mike
• All Star Softball Game — Todd Steffen
■ Security — CLPD officers and reserves
• K-9 / CERT / Fire Demos — CLPD & CFD
■ Signs — City &
■ Fireworks -- City 1 Lions
• Bingo I Face Painting 1 Balloon Guy - Lions
7:15 pm 4. Community/Student Volunteers
• Centennial High NHS, ROTC, Student Council
• Centerville Elementary PTA Committee Council
• Main Street Business Association
■ Parks and Recreation Commission
• Boy Scouts and Girls Scouts
■ St. Gen's Catholic Church
• St. John's the Baptist Catholic Church
• Anoka County Radio Club
7:20 pm 5. Discussion on Major Sponsors:
Petting Zoo ($500) - Inflatables ($575)
7:25 pm 6. Schedule Next Meeting
7:30 pm 7. Adjournment
AGENDA
2016 CEN RVILLE FETE DES LACS STIVAL COMMITTEE
MONDAY, JANUARY 25, 2016 - 6:30 PM
Centerville City Hall
5:30 pm 1. Welcome and Introductions — Mike Ericson
6:40 pm 2. Review Charge from Centerville Lions and Businesses
"Fun Family Event That Builds Community"
"Beach Party Theme"
• Recap of December 21, 2015 meeting
■ Telecon with Gold Star Carnival/Circus. Unfortunately
these organizations did not have the available time to
participate. They have previous engagements already.
• Parks and Recreation Action Item — Ferri Kolstad —
Mike Erickson made introductions and Kerri provided
some background on Wahoo Adventures.
7:05 pm 3. 2015 Committees
• Publicity — Flyer m windows of businesses
• Food — Lions
• Music — Tom Lee
* Volunteers -- Lions and Park & Recreation
• Sponsors — Mike and Kerri
• Parade — Jeff and Ben We would like to see the parade
go to park from the school (not blocking off Centerville
Road) and get them to the park for those that want to
compete for a prize.
• All Star Softball Game --- Todd Steffen
• Security — CLPD —
• 5K & 8K Run Race Director -- Ferri Kolstad
• Thank You's -
• Fireworks — City/Lions - would like to see happen on
Saturday if we can draw more people to the park
* Bingo — Lions - Possible Saturday and Sunday — may
get the scouts to help volunteer
• In discussions regarding getting businesses involved, we
thought maybe we could have an evening with our (need
a good word here).. have the Police, Fire, CERT team
and possible K-9 units up by city hall to have kids learn
and experience the whole fun of trucks, police cruisers
etc. Try to build a great example for the young kids to
know that these people are working to protect them and
keep them safe etc.