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120694 Planning AGENDA PLANNING COMMISSION MEETING OF DECEMBER 6, 1994 CITY OF NEW HOPE, MINNESOTA 7:00 p.m. 4. '4.1 *4.2 4.3 5.1 5.2 7.1 7.2 7.3 CALL TO ORDER ROLL CALL CONSENT PUBLIC HEARINGS Case 94-32 Request for a Conditional Use Permit to Allow the Installation of a Liquid Propane Back-up System, 3943 Quebec Avenue North, Versa Die Cast, Inc., Petitioner Case 94-33 Request for a Conditional Use Permit to Allow a Home Occupation for a Home-Based Mailing Service, 4801 Zealand Avenue North, Teresa Snell, Petitioner Case 94-09 An Ordinance Amending New Hope Zoning Code to Allow Open Outdoor Storage as a Permitted Accessory and Conditional Use Within the Industrial Zoning Districts, City of New Hope, Petitioner COMMITTEE REPORTS Report of Design and Review Committee Report of Codes and Standards Committee OLD BUSINESS Miscellaneous Issues NEW BUSINESS Review of Planning Commission Minutes of November 1, 1994. Review of City Council Minutes of October 24, and November 14, 1994. Review of EDA Minutes of October 24, and November 14, and EDA Executive Session of November 14, 1994. ANNOUNCEMENTS ADJOURNMENT * Petitioners are requested to be in attendance PC 4801 Zealand ?/ DECEMBER PLANNING CASES PC 94-32 3941 Quebec Planning Case: Request: Location: PID No: Zoning: Petitioner: Report Date: Meeting Date: CITY OF NEW HOPE PLANNING CASE REPORT 94-32 Request for Conditional Use Permit to Allow Installation of Liquid Propane Back-Up System 3943 Quebec Avenue North 17-118-21-32-0007 I-l, Limited Industrial Winnetka Properties/Versa Die Cast, Inc. December 1, 1994 December 6, 1994 BACKGROUND The petitioner is requesting a conditional use permit to allow installation of a liquid propane back-up system, pursuant to Section 4.144(12) - New Hope Code of Ordinances. In August, 1994, the Planning Commission and City Council approved the Final Plat of Don Harvey 2nd Addition and a Development/Final Stage Planned Unit Development to allow a building addition at 3943 Quebec Avenue North. The property, located in an I-1 Limited Industrial Zoning District, contains two industrial buildings of approximately 26,880 square feet each and the PUD included the construction of a 41,640 square foot addition to the building at 3943 Quebec Avenue North where Versa Die Cast, Inc. is the tenant. A number of site improvements were also included, including the construction of a retention/ sedimentation pond at the east end of the property to resolve a long-standing drainage problem. The site improvements and building addition are currently under construction. Since the August approvals, the petitioner has determined that they want to install a Liquid Propane Back-Up System on the east side of the property near the new holding pond. Outdoor storage of propane or LP gas as an accessory use is allowed by conditional use permit in the I-1 Zoning District. Because the LP tank was not included in the original plans, a separate CUP application is necessary. The petitioner states on the application that the CUP request should be granted to relieve the economic hardship of manufacturing operation, to allow the use of intermptable gas and for energy conservation purposes. The site is surrounded by I-1 zoned property, with an I-1 warehouse and B-3 Auto-Oriented use to the north, Quebec Avenue and an I-1 (Winnetlm Properties) warehouse to the east, Quebec Avenue and an R-O zone (church) and I-1 zone (Paddock Laboratories) to the south, and Winnetka Avenue and R-1 zoned property to the west. Property owners within 350' of the request have been notified and staff have received no inquiries regarding this request. Planning Case Report 94-32 2 ANALYSIS December 1, 1994 ~-~ The purpose of a Conditional Use Permit is to provide the City with a reasonable and legally permissible degree of discretion in determining suitability of certain designated uses upon the general welfare, public health, and safety. In making this determination, whether or not the conditional use is to be allowed, the City may consider the nature of adjoining land or buildings, whether or not a similar use is already in existence and located on the same premises or on other lands close by, the effect upon traffic into and from the premises, or on any adjoining roads, and all such other or further factors as the city shall deem a requisite for consideration in determining the effect of such use on the general welfare, public health, and safety. Other general criteria to be considered when determining whether to approve or deny a conditional use permit include: A. Comprehensive Plan. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official Comprehensive Municipal Plan of the City. B. Compatibility. The proposed use is compatible with its adjacent land uses. C. Performance Standards. The proposed use conforms with all applicable performance standards contained in the Code. D. No Depreciation in Value. The proposed use will not tend to or actually depreciate the area in which it is proposed. E. Zoning District Criteria. In addition to the above general criteria, the proposed CUP meets the criteria specified for the various zoning districts: 1. In Industrial Districts (I-1, I-2): a. Nuisance. Nuisance characteristics generated by the use will not have an adverse effect upon existing or future development in adjacent areas. b. Economic Return. The use will provide an economic return to the community and commensurate with other industrial uses that the property could feasibly be used for. In considering the economic return to the community, the Planning Commission and City Council may give weight to the sociological impact of a proposed use, both positive and negative. The I-1 Zoning District criteria further states that the outdoor storage of propane or LP gas shall be allowed as a conditional accessory use provided it is used exclusively by the occupant of the site where it is stored for a use incidental to said occupant's business, it is not stored for wholesale or retail sale, and the following requirements are satisfied: A. Location. All propane or LP gas outdoor storage tanks shall be located in the rear yard not less than twenty-five (25) feet from any property boundary lines. No tanks shall be permitted in the front yard and side yard abutting public streets. ,Planning Case Report 94-32 3 · December 1, 1994 F. G. H. Open Area. Storage tanks shall be surrounded by twenty-five (25) feet of open area. Storage of any kind is prohibited in said open area, except equipment incidental to the storage tank. Approved parking areas must be setback ten (10) feet from any storage tank. Setbacks from Building. Storage tanks shall be setback from existing structures, as outlined in the Uniform Fire Code, based on tank size. Circulation. Storage tanks shall not interfere with site circulation including, but not limited to, parking, driveway, curb cuts and loading areas. Fencing. A wire weave/chain link security fence shall be required around all storage tanks. The location of the fence shall be as per the Uniform Fire Code. Access. Storage sites shall be accessible by service and emergency vehicles. Valves. All filling valves of the storage tanks shall be enclosed and have locking devices. Warning Signage. A warning sign shall be required for every tank and shall be placed in a conspicuous location directly on the tank indicating a supplier's name, address, phone number, that highly dangerous and flammable material is stored therein and that no smoking requirements must be observed or a sufficient warning to that effect. Said signage may not exceed four (4) square feet nor may it be used for advertising purposes. The plans show that the proposed location of the tank is at the west edge of the new storm water retention pond on the east side of the lot. The 18,000 gallon cylindrical tank would be located in the rear yard, as Winnetlm Avenue is considered the front yard. The tank would be located 100 feet from the east property line and will be setback 80 feet from the easterly building. The ponding and tank site will be surrounded by a six-foot chain link fence and the tank would set on concrete piers. The Building Official has confu'med that all other code requirements are met with this proposal. The proposed tank location is in the legal rear yard because this property is a "corner through lot" with street frontage on three of the four property lines, however this makes the tank highly visible from the nearby roadway. The original landscaping plans showed that some landscaping was intended for this area and the Commission may want to inquire about relocation of the landscaping to serve as a buffer around or in front of the tank. The proposed location of the tank is within the new ponding/drainage utility easement. There will be no reduction in the pond capacity, however, under ideal conditions the pond easement would be separate from the LP tank. The City Engineer has reviewed the plans and does not have a major concern about the location of the tank next to the pond. He is in the process of reviewing the elevations to insure that pond flooding would not impact the tank and he may be submitting a recommendation on this issue prior to the Commission meeting. In the past, maintenance and outside storage has been a problem on this property and additional maintenance will be required for the tank and enclosure fence. Staff is pleased with the large number of site improvements currently underway, but would like some assurances that additional outside storage will not be requested in the future. Planning Case Report 94-32 4 December 1, 1994 8. Staff understand that in many of our larger industries, utility cost considerations make it imperative for business owners to have an altemate fuel (LP) for use as natural gas prices fluctuate and for back-up purposes. RECOMMENDATION Staff recommends approval of the conditional use permit for the industrial rear yard outdoor storage of an LP tank, subject to the following conditions: 1. No reduction in storm water pond capacity. 2. Consideration be given to relocating some of the proposed landscaping to screen the tank from the roadway. 3. Review/approval by the City Engineer. 4. No additional outdoor storage allowed on property except for dumpsters (per City Code). Attachments: Zoning Map New Site Plan Pond/Tank Site Plan Tank Elevation Council Report Approved Plans Building Official Attachment "A" R~-4 SCHOOL I-1 NATIVITY LIONS B-4 R-4 i'2 __Iii 1::3 L D ~ PROPERTY LI NE '-,.~. 80' PARKING ,..._, DR I V EWAY PROPANE TANK 904 / / / / VERSA '~'""-", 1"'30' "^""" II- 4 '-94 PROPANE D];E CASTING NEW IIOPE, MN. '"'""""' '"" I "'~'"- -"nJ~ ~ STORAGE COUNCIL REQUF~T FOR ACTION Originating Department Approved for Agenda ~. A//enda Section l~everopment City Manager & Planning Kirk McDonald /t~-8-94 Item No. By: Management Assistant B~.[ / $. ~ PLANNING CASE 94-20 - REQI~ST FOR FINAL PLAT APPROVAL AND DEVELOPMENT/FINAL STAGE PLANNED UNIT DEVELOPMENT APPROVAL TO ALLOW BUILDING ADDITION, 3920 WINNETKA AVENUE, 3941/3961 QUEBEC AVENUE NORTH, KF.T.I,I,qON COMPANY/DON HARVF. Y (WINNF. TKA PROPg. RTIF..R)~ PF. TITT/3NF. R.R The petitioner is requesting Final Plat approval and Development/Final Stage Planned Unit Development approval to allow building addition on the west side of the building pursuant to Chapter 13, New Hope Code of Ordinances and Sections 4.039A(1), 4.19, 4.194, and 4.196(3) - New Hope Code. The petitioner is proposing the platting of property known as Don Harvey Second Addition, Block 1, Lot 1, which currently contains two industrial buildings of approximately 26,880 square feet each (two buildings on one lot). In conjunction with the Final Plat the petitioner is requesting Development/Final Stage PUD approval to construct a 41,640 square foot addition to the building at 3943 Quebec Avenue North where Versa Die Cast, Inc. is the tenant. The Planning Commission and City Council approved the Preliminary Plat and Planned Unit Development General Concept Plan approval at their July 12th and 25th meetings, respectively, subject to conditions. A revised Preliminary Plat was submitted that incorporated the majority of the recommended changes. FINAL PLAT The Final Plat meets the zoning code requirements for lot size and width requirements in the I-1 Zoning District, which are one acre and 150 feet, respectively, as the single lot contains 292,224 square feet (6.8 acres) and has a width on Quebec Avenue of over 12,000 feet. The Final Plat was submitted to Department Heads, City Attorney, City Engineer, Hennepin County and other appropriate agencies for review and comment and staff and Planning Commission are recommending approval subject to the following conditions: 1. Removal of existing drive on Winnetka Avenue and Quebec Avenue shall be done in accordance with Hennepin County and City standards. The integrity of the existing sidewalk along Winnetka Avenue shall be constructed after removal of the existing drive. Revl~v: Admin~tr~on: Finance: RFA-O01 ~ ~uest for Action 2 August 8, 1994 2. Appropriate Hennepin County permits be obtained. ~-~. 3. Final Plat be revised to include Minnegasco easement. 4. Updated Evidence of Title be submitted to City Attorney. DEVELOPMENT/FINAL STAGE PUD A Planned Unit Development is reviewed in three stages. Development Stage is a formal detailed review of specific site characteristics and Final Stage works out the development contract and final agreements which are recorded with the county. The petitioner submitted revised plans for Development Stage approval which address a number of concerns raised during the Concept Stage review. The revised plans include relocation of the retaining wall at the northwest property line, painting of all rooftop equipment on new and existing buildings, improved landscaping to screen from Winnetka and improved foundation plantings, irrigation of foundation plantings, traffic signage to exclude tracking from the westerly driveway, removal of existing curb-cut on Winnetka Avenue, and revised building architecture. In addition to the new building addition, the petitioner will be conducting extensive renovation on the existing site/buildings including repair of existing block and repainting exterior surfaces, repair and replacement of all doors/stairs/rails, repair/replacement of dock bumpers and dock equipment, painting of all existing rooftop equipment, repair/replacement of exterior light fixtures, patch/repair/sealcoat/restriping all asphalt parking/drive surfaces, installation of concrete curb, and complete general clean-up of all stored materials, landscaping, addresses and signage. The long-standing situation of drainage from this site across private property will be resolved as part of this project, as the petitioner intends to create a retention/sedimentation pond in the area at the east end of the property to accept all drainage water from this site. The petitioner proposes to install catch basins and a storm sewer system to carry on-site water to the new retention/sedimentation pond which would drain north of the property by means of a storm sewer across public right of way along Quebec Avenue and then outfalling into Old Dutch Pond. The only major point of contention between the petitioner and staff is the sidewalk installation issue. Staff will be recommending that the PUD be approved subject to the installation of a sidewalk on Quebec Avenue and the Planning Commission and City Council will need to determine if this improvement should be financed entirely by the petitioner or not. The Planning Commission considered this request at the August 8th meeting and recommended approval, subject to the following conditions: Approval of the plans by the Shingle Creek Watershed Commission prior to the issuance of a building permit. The pond shall be designed to satisfy aH quantity and quality requirements in accordance with the Watershed and City. An outlet skimmer structure is required. The pond and lot shah be sized to provide maximum storage while the storm sewer shall be located 10' behind the existing concrete curb. The new concrete curb construction along the existing south pavement shall be located to comply with the required setback requirements from Quebec Avenue. The curb along the existing east pavement may warrant storm sewer and a catch basin to collect and convey storm water to the pond. The pavement restoration shall account for traffic loading, subgrade conditions and the existing section. Total reconstruction is warranted in certain areas. ~uest for Action 3 August 8, 1994 3. Installation of a 5' wide concrete sidewalk (minimum 4" thick) along Quebec Avenue located 5' back from the existing curb providing a 5' wide boulevard to be shown on the revised site plan. In the event the sidewalk is not required at this time the boulevard grading along Quebec Avenue and irrigation constructed as part of the site improvements · shall account for a sidewalk being constructed in the future. 4. The retaining wall. in the northwest corner of the new parking area shah be properly designed and comply with setback requirements and retaining wall details must be submitted. 5. Removal of the existing drive on Winnetka Avenue and Quebec Avenue in accordance with Hennepin County and City standards. The integrity of the existing sidewalk along Winnetka Avenue shah be constructed after removal of the existing drive. 6. Delete the "one-way" parking' layout at north. 7. Correct the dimension errors at north setback between the lot line and the building. 8. Submit traffic signage for all three driveways and the north end of the trucking driveway. 9. Provide exterior 'lighting details, NOT shown on plans. 10. East oak tree protection (fence) to extend to the tree crown (drip line). 11. Signed architectural plans for the PUD must be provided. 12. Submit tenant leasehold plan for both buildings, including areas and "uses". 13. Clarify building interior used in building code terms. 14. Continuous concrete curbing be provided around the entire parking lot. 15. Elimination of all outdoor storage from the site. 16. Submission of detailed signage plan which complies with City sign regulations. 17. Developer must enter into a PUD Development Agreement with the City, to be prepared by the City Attorney, and submit the appropriate bond with amount to be determined by City Engineer and Building Official. Development Agreement must be executed and bond submitted prior to the issuance of a building permit. which includes approval of the Final Plat and Staff recommends approval of. the resolution, Development/Final Stage PUD approval. 1 O. / / ,q o~ ~T:TT ~6, 08×TT FAX TRANSMISSION d~ Borlestroo lit. Paul · Milwaukee I:~o~Jrle 2335 wast Highway 3~ ~ ~lk& ~,PauI, MN 55113 Pages To Follow: L Original Will Follow In Mall: Yes _ ._ No _ Copy To: $1gned:/~~'~'.'~-- '~ ! Nots To Addressee: If you did not receive all of the pages In good oondition, please advi~e sender at your earliest convenience. Thank You. Fax then mall: Ye~____.. No._.__. Cell to oonfirm fax wll received: Yes MikB eoplelfor: File.~ Other. Fax oopi~ to (more thanone): For Office Use Only Ur~lnt fix imm~llltlly: Yes_ No No FIx lind r.tum original to ~ Ye~ No____ ~0 'd ~£~ 9£9 ~9 WOOD'S,, RC,,P 27" RCP 0 o.?%--k~lI II IRO Il RCP ~ 0.7~ N S 0'15'47" E 81.35' EMERGENCY 'OVERFLOW EO '~ 'O~S~ · OOMA~NO~ OUTLET CONTROL STRUC WITH CONTROLLED ORIFI( OUTLET AND OVER.FLOW ON TOP BAFFLED WEIR SKIMMER 1;1;£1; 9£9 Planning Case: Request: Location: PID No: Zoning: Petitioner: Report Date: Meeting Date: CITY OF NEw HOPE PLANNING CASE REPORT 94-33 Request for Conditional Use Permit to Allow Home Occupation for a Home- Based Mailing Service 4801 Zealand Avenue North 07-118-21-42-0003 R-l, Single Family Residential Teresa Snell December 1, 1994 December 6, 1994 BACKGROUND The petitioner is requesting a conditional use permit to allow home occupation for a home- based mailing service, pursuant to Section 4.038(4) - New Hope Code of Ordinances. The petitioner states that she desires to start a home-based business that will provide smaller, local business with mailing services. The mailings from small companies would be "pooled", which would allow them to take advantage of lower bulk mailing discounts that are normally available only to larger customers. The petitioner states that the equipment used for the business will include a computer, printer, letter folding machine and postage meter (table top unit). The business space would be located in the unfinished basement of the home. All access would be from the garage, into the kitchen and then directly downstairs. The mailing service would be offered two (2) days per week, to insure that there are enough mailing pieces to qualify for bulk rates. The petitioner states that she would pick up the mail to be processed from the companies, so increased traffic should not be a factor. The petitioner states that she does plan to have a business partner that would help when the demand gets to the point where it is too much for one person to handle. When the business grows to a point that it could no longer be handled in the home, the petitioner states it would be moved into a rented office space. The petitioner states on the application that this business would not have any impact on the neighborhood: no structural changes, no signs, no increased traffic, no noise factor. She states that the business complies with .all of the requirements of the "permitted home occupation" criteria except the "no employee" rule. Planning Case Report 94-33 · December 1, 1994 The property is zoned R-l, Single Family Residential, and is surrounded by R-1 uses on the north/south/west. Cooper High School is located across the street to the east and House of Hope Lutheran Church is located southwest of the property. 10. The property contains approximately 9,400 square feet and the existing structure meets all setback requirements. 11. Property owners within 350' of the request have been notified and staff have received no inquiries about this request. ANALYSIS The purpose of a Conditional Use Permit is to provide the City with a reasonable and legally permissible degree of discretion in determining suitability of certain designated uses upon the general welfare, public health, and safety. In making this determination, whether or not the conditional use is to be allowed, the City may consider the nature of adjoining land or buildings, whether or not a similar use is already in existence and located on the same premises or on other lands close by, the effect upon traffic into and from the premises, or on any adjoining roads, and all such other or further factors as the City shall deem a requisite for consideration in determining the effect of such use on the general welfare, public health, and safety. Other general criteria to be considered when determining whether to approve or deny a conditional use permit include: A. Comprehensive Plan. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official Comprehensive Municipal Plan of the City. B. Compatibility. The proposed use is compatible with its adjacent land uses. C. Performance Standards. The proposed use conforms with all applicable performance standards contained in the Code. D. No Depreciation in Value. The proposed use will not tend to or actually depreciate the area in which it is proposed. E. Zoning District Criteria. In addition to the above general criteria, the proposed CUP meets the criteria specified for the various zoning districts: 1. In Residential Districts, R-1,2,3,4,5, R-O: a. Traffic. Non-residential traffic is channeled into thoroughfares or onto a street abutting business or industrial uses leading directly to thoroughfares, and not onto minor residential streets. b. Screening. The proposed use will be sufficiently separated by distance or screening from adjacent residentially zoned land so that existing homes will not be materially depreciated in value and there will be no deterrence to development of vacant land. c. Compatible Appearance. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. /~--Planning Case Report 94-33 3 December 1, 1994 3. The regulation of home occupations within residential structures is intended to insure that the occupational use is clearly accessory or secondary to the principal dwelling use and that compatibility with surrounding residential uses is maintained. For purposes of the City Code, home occupations are defined to distinguish between "permitted home occupation" and "conditionally permitted home occupations". All home occupations which satisfy the "permitted home occupation" criteria shall be considered as a permitted accessory use in all residential zoning districts. Home occupations which fail to satisfy the permitted home occupation criteria shall require a conditional use permit and may be located in any residential zoning district based upon conditions set forth in the approved conditional use permit. Permitted Home Occupations. Home occupations which meet the following criteria: A. Structural Changes. Businesses which require no interior or exterior changes necessary to conduct the business, which are conducted within a principal building, and which require no mechanical or electrical equipment not customarily found in a home. B. Traffic. Businesses which do not significantly alter the traffic pattern of the neighborhood. C. Employees. Businesses which do not require employees other than those living on the premises. D. Area Permitted. Businesses which require no more than twenty (20) percent of the gross floor area of a dwelling, not to exceed three hundred square feet, including accessory building. E. Sales on Premises. Businesses which are not involved in direct sales on the premises except as may be conducted through the use of the U.S. mail, commercial delivery services by a vehicle no larger than a set van, or by taking and ordering delivery of orders by telephone. F. Outside Storage. Businesses which require no outdoor storage of equipment, machines, inventory, tools or any other item required for use by the business, except for parking of business vehicles in compliance with §4.036(4)(0 of this Code. (Items E and F were amended or added to the City Code in 1994.) Conditional Use Permit. Conditionally permitted home occupations shall consist of those home occupations which do not meet all of the provisions of #5 above. Said home occupation may be granted a conditional use permit provided that: A. Adverse Effect on Neighborhood. The City Council shall fred that all business related activity occurring on the premises shall not cause any adverse changes to the residential character of the neighborhood. B. Screening of Exterior Changes. The City Council shall find that any exterior changes necessary to conduct the business are sufficiently screened, properly designed, or separated by distance so as to be consistent with existing adjacent residential uses and compatible with the residential occupancy. C. Interior Changes. The City Council shall find that any interior changes necessary to conduct the business comply with all building, electrical, mechanical, and fire codes governing the use of the residential property. Planning Case Report 94-33 4 December 1, 1994 Do Traffic. The City Council shall find that the traffic generated by the business involves only vehicles of the type that typically service single family residences and that such traffic constitutes neither a nuisance nor a safety hazard. Staff f'mds that this home occupation is conditionally permitted because provision 5C of Permitted Home Occupations (employees) is not met. (The Commission previously recommended that this employee requirement be amended, but the City Council did not agree with the recommendation.) Staff f'mds that all other conditions are met, as no interior or exterior changes are required for this business within the home, traffic problems are not created, the business space is limited, and there are no direct sales on the premises. Staff has no problems with this request to start a mailing service for small local businesses where the petitioner will pick up mailings and deliver them once/twice a week to the post office, qualifying for bulk rates. RECOMMENDATION Staff recommends approval of the conditional use permit for the mailing service home occupation, subject to the following condition: 1. Annual inspection. Attachments: Zoning/Section Maps Petitioner Letter Plat Plan Floor Plan Ordinance No. 94-07 AVE. ACRE 1.1 R.4 4~TH HOUSE OF ~ LUTHEIM~ Q. IURCH HONLr~KRD SQ'IOOL COOPER HleH SCHOOL. NEW HO~E F-LEIdk'I'AKI" SC. OQL CIVIC C~NTER N~W CITY HALL 8WIMIdlNG POOL I'IRE 8TA?I4 R.4 R PARK R.4 CIR. AVE. av E~--'lk-~. MENON- ITE4z~-/ 48TH AVE ~ HOUSE OF HOI-- LUTHERAN-- CHURCH 47 TH ~ COOPER HIGH SCHOOL NEW HOPE ELEMENTARY SCHOOL 4'1' TH ,49TI,.I DEL AVE, N CIVIC ~ESTER~ CITY HALL ~/5/ AVE. '~47 f I November I0, 1994 New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Request for conditional use Permit for a Home-based busin.ess at 4801 Zealand Avenue North. To WhOm It May Concern, I am trying to start a home-based business that will provide smaller, local business with mailing services. I plan to "pool" the mailings from the small companys. This should allow them to .take advantage of the much lower bulk mailing discounts that are normally only avaliable to larger customers. This business doesn't require a great deal of space or equipment. I plan to only have a computer & printer, a letter folding machine (which is quite compact), and a postage meter. These are all table top units. The business space will be located in the basement of my home which is unfinished. (I presently only go down there if I have to do laundry. Bad childhood memories of creepy basements I think.) All access will be from the garage into the kitchen then directly downstairs so no one is trampling thru my house, including myself. I plan to offer the service only 2 days a week to make sure that we will have enough pieces to qualify for bulk rate. I expect to pickup the mail to be processed from these companys so increased traffic should not be a factor. I do plan-to have a partner, that will help me when the load gets 'to the point where it is too much for one person to handIe.-MY partner is' my best'friend who lives 1 mile away and is at my house constantly now. , When the business gbows to the point that it impacts my lifestyle,.we will gladly move it to a rented office space. New Hope, of course) plan to be at all, of the city meetings so I can answer any question~ you may have. (In Thank . you. Teresa A. Snell OATE ,. TYpical 'Plot Plat Lot-/ Block._~Z Drawn Qualit~ :Scale: '-1" = '20' m ;UtLDING INSPECTOR V:LL"AGE OF NEW,__HCi:'~ 1~ ATE,///--/~ g"~7' t ORDINANCE NO. 94-07 AN ORDINANCE AMENDING SECTION 4.038 (3) OF THE NEW HOPE CITY CODE REGULATING PERMITTED HOME OCCUPATIONS The City Council of the City of New Hope ordains: Section 1. Section 4.038 (3)(e) "Sales on Premises" of the New Hope Code is hereby amended to read as follows: (e) Sales on Premises. Businesses which are not involved in direct sales on the premises except as may be conducted through the use of the U.S. mail, commercial delivery services by a vehicle no larger than a step van, or by taking and ordering delivery of orders by telephone. Section 2. Section 4.038 (3)(f) "Outside Storage" of the New Hope Code is hereby added to read as follows: (f) Outside Storage. Businesses which require no outdoor storage of equipment, machinery, inventory, tools or any other item required for use by the business, except for parking of business vehicles in compliance with §4.036(4)(f) of this Code. Section 3. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the 9th day of Ma.y , 1994. At t est: Valerie Le~'n~],-Cit~ Clerk /Ed-w. J~. Erickson, Mayor (Published in the New Nope-Golden Valley Sun-Post the 18th May , 1994. ) day of ~'~Planning Case: Request: Location: PID No.: Zoning: Petitioner: Report Date: Meeting Date: CITY OF NEW HOPE PLANNING CASE REPORT 94-09 Ordinance No. 94-17: An Ordinance Amending New Hope Zoning Code to Allow Open Outdoor Storage as a Permitted Accessory and Conditional Use Within the Industrial Zoning Districts City-Wide I-1 (Limited Industrial) and 1-2 (General Industrial) City of New Hope December 1, 1994 December 6, 1994 BACKGROUND This is a request by the City of New Hope to amend the New Hope Zoning Code to allow open outdoor storage as a permitted accessory and conditional use within the I-1 (Sections 4.143 and 4.144) and I-2 (Sections 4.153 and 4.154) Industrial Zoning Districts, if specific conditions are met. This issue has been studied/discussed by the Codes & Standards Committee over the past several months. Currently, the City of New Hope Zoning Ordinance stipulates that a conditional use permit is required for all outdoor storage within the City's Limited Industrial District (I-l) and General Industrial District (I-2). However, within these districts, there are many instances of non-compliance, where outdoor storage is being utilized on the property without a conditional use permit being issued. In order to eliminate this non-compliance, the Committee is considering amending the Zoning Ordinance to make outdoor storage an accessory use, if specific conditions are met. In review of New Hope's industrial zoning properties, City staff has discovered that many industries include some accessory outdoor storage as an element of their business. While outdoor storage in industrial zones is necessary, concerns with regard to storage type, appearance, site function, and impacts on surrounding properties are addressed in the performance standards of the New Hope Zoning Ordinance addressing this land use. In many cases, the outdoor storage represents only a minor portion of the site operation. As such, staff believes that a mandatory CUP process becomes an encumbrance on enforcement. To ease ordinance enforcement and to address the issue of non-compliance, City staff and the Codes & Standards Committee formulated the attached ordinance which would allow limited outdoor storage as a permitted accessory use. 5. The major points of emphasis include: Limited Accessory_ Use. The City would allow some limited accessory outdoor storage as a permitted accessory use. The Code would emphasize and def'me accessory storage as storage ancillary to the principal use of the site and limited to not more than 20 percent of the principal structure. Outdoor storage that does not meet these standards would still have to pursue a CUP. Planning Case Report No. 94-09 December 1, 1994 As a permitted accessory use, the business could have some outdoor storage without the to process a CUP. This administrative change should serve to ease implementation enforcement. Compatibility of Performance Standards. The proposed ordinance would require the permitted accessory storage provided it comply with performance standards that address appearance and compatibility, including setbacks, screening, required space, and prohibition of hazardous waste. o The industrial zoning districts are designed to accommodate intense industrial activities, many of which include some outdoor storage. The proposed ordinance change is mainly directed to accommodate some outdoor storage without the need for CUP approval. City staff believes this limited flexibility in the process will benefit both local businesses and the City in the enforcement of its zoning regulations. The Codes & Standards Committee met on November 28th to review/discuss the final draft of the ordinance and recommended several minor revisions, which are outlined below: Definition. City Attorney Comments The enclosed Ordinance includes a new section 3 which adds a definition of "open outdoor storage" to §4.022 dealing with zoning code definitions. I made two changes to the Planner's proposed language by changing semi-tracks to semi-trailers and replacing the word "and" with "or" after "product" and before "semi-trailers". Obviously using the word "or" precludes the need to establish that all four items must be present before open outdoor storage is occurring. Planner's Comments Open Outdoor Storage: Any open land used or occupied for the purpose of outdoor storage of material, equipment, product, and semi-tracks accessory to the principal use of the property. Outdoor storage shall not include the temporary parking of motor vehicles in designated parking stalls, or trucks being serviced in designated loading areas. Bo Fencine. City Attorney Comments Also included in sections 1 and 2 of the Ordinance dealing with fencing is the Planner's recommended language exempting semi-trailers from the fencing requirement if the trailer is the exclusive outdoor storage item and is adequately secured for safety. Planner's Comments Provision (e) of the proposed ordinance requires the designated outdoor storage area to be defined by a chain link security fence. The original premise for this requirement is twofold: 1) to delineate and conf'me the outdoor storage area, and 2) to secure the outdoor storage from potential vandalism and trespass. At the Codes & Standards meeting, the need to fence outdoor storage areas for semi-trailers was discussed. These trailers provide a degree of security themselves and the need for fence investment raised an issue of reasonableness. Planning Case Report No. 94-09 3 December 1, 1994 In addressing this issue, the Planning Commission has two options: 1. No change~ requiring all outdoor storage to be fenced. Exempt semi-trailer storage from the security fencing requirement. Alternative ordinance language is offered below to illustrate the second option. (e) Fencing. A wire weave/chain link security fence shall be required around the open outdoor storage area in conformance with Section 4.033(3) of the Code. Open outdoor storage areas intended for the exclusive storage of semi-trailers may be exempt from the required security fencing provided the storage area is delineated and the individual trailers are secured. With the outdoor storage definition and. resolution of the fencing requirement, the City may take action on the proposed open outdoor storage ordinance amendment. A public hearing notice was published for consideration of this ordinance amendment at this meeting. Due to the fact that the ordinance would be effective in all industrial zoning districts, notification of property owners is not required. ANALYSIS The current Zoning Code allows open and outdoor storage as a conditional accessory use provided that the following conditions are met: Screened From Residential Uses. The area is fenced and screened from view of neighboring residential uses or if abutting a residential district. B. Surfacing. Storage area is grassed or surfaced to controI dust. The proposed code amendment would amend Section 4.143 "Permitted Accessory Uses" by adding subsection (3) "Open Outdoor Storage" to read as follows: (3) Open Outdoor Storage. Open outdoor storage as a permitted accessory use provided that: Accessory Use. The open outdoor storage must be an accessory use, as defined by Section 4.022(1) of this Code, to a permitted or conditional principal use on the site. Co) Maximum Space. The open outdoor storage area may not exceed twenty (20) percent of the gross floor area of principal structure. Setbacks. The open outdoor storage area shall not be located within any front yard or side yard abutting a public right-of-way. Open outdoor storage ~hall be set back five (5) feet from ali side and rear lot lines and shall not be located within a utility or drainage easement. (d) Surfacing. The open outdoor storage area shall be surfaced to control dust. Fencing. A wire weave/chain link security fence shall be required around the Planning Case Report No. 94-09 4 December 1, 1994 open outdoor storage area in conformance with §4.033(3)(c) of this Code. O/''~ outdoor storage areas intended for the exclusive storage of semi-trailers may De exempt from the required security fencing provided the storage area is delineated and the individual trailers are secured. Screening/Landscaping. The open outdoor storage area shall be screened and landscaped from ad|acent residential uses and public rights-of-way in accordance with the provisions of Section 4.033 of this Code. Required Space. The open outdoor storage area shall not utilize any required off- street parking, loading areas, or access space, as required by Sections 4.036(6)(a) and 4.037(4) of this Code. (h) Hazardous Materials. The open outdoor storage area shall not be used for storage of hazardous liquids, solids, gases or wastes. This provision does not prohibit the property owner from obtaining a conditional use permit for the outdoor storage of propane or LP gas per §4.144(12) of this Code. Refuse and Upkeep. The property_ owner shall keep the open outdoor storage areas free of refuse, trash, debris, weeds, and waste fill. Section 2. Section 4.144(1) "Open Storage, Accessory_" of the New Hope City Code, which currently allows open accessory storage by conditional use permit with a limited number of conditions, would be amended to read as follows: (1) Open Outdoor Storage, Accessory. Open ~-,,~d outdoor storage as a conditional accessory use, where the open outdoor storage area exceeds twen~ (20) percent of the gross floor area of the principal structure provided that: Screened Frzm P~slderz:.a! U:e: Screening/Landscapinm The open outdoor storage area is fc .... aad screened and landscaped from ":..~., v.~ ...,.~,..,,,,~~:~"~'~":~,~, adjacent residential uses ~' if ,~..,*: ...... :~':~' a:-~* and public right-of-way in compliance with Section 4.033(3) of this Code. (b) Fencing. A wire weave/chain link security fence shall be required around the open outdoor storage area in conformance with §4.033{3)(c) of this Code. Open outdoor storage areas intended for the exclusive storage of semi-trailers may be e~empt from the required security fencing provided the storage area is delineated and the individual trailers are secured. (bcd Surfacinm The open outdoor storage area is ...... ~ ^- ~ ........ surfaced to control dust. Accessory Use. The open outdoor storage must be an accessory_ use, as defined by Section 4.022(17 of this Code, to a permitted or conditional principal use on the site. Setbacks. The open outdoor storage area shall not be located within any front yard or side yard abutting a public right-of-way. The open outdoor storage shall be set back five (5) feet from all side and rear lot lines and shall not be located within a Planning Case Report No. 94-09 utility or drainage easement. 5 December 1, 1994 Required Space. The open outdoor storage area shall not utilize any required off- street parking, loading areas, or access space, as required by Sections 4.036(6)(a) anct 4.037(4) of this Code. (g) Hazardous Materials. The open outdoor storage area shall not be used for storage of hazardous liquids, solids, gases or wastes. This provision does not prohibit the. property_ owner from obtaining a conditional use permit for the outdoor storage of propane or LP gas per §4.144(12) of this Code. (h) Refuse and Upkeep. The property owner shall keep open outdoor storage areas free of refuse, trash, debris, weeds, and waste fill. (All of these conditions are similar to the conditions required for "Open Outdoor Accessory Storage" not requiring a CLIP.) Section 3. Section 4.022 (Definitions) (102A) "Open Outdoor Storage" of the New Hope City Code would be added to read as follows: 102A Open Outdoor Storage. Any open land used or occupied for the purpose of outdoor storage of material, equipment, product or semi-trailers accessory_ to the principal use of the property. Outdoor storage shall not include the temporary parking of motor vehicles in des[enated parking stalls, or trucks being serviced in designated loading areas. In summary, the staff and Codes & Standards Committee recommend approval of these amendments. If an industry has open accessory storage that is less than 20 percent of the gross floor area, the code would allow it without a conditional use permit if a number of conditions are met. If the storage exceeded 20 percent, a conditional use permit would be required and the industry would be required to meet the same number of conditions. The amendments streamline the process for those who meet the conditions and strengthen the conditions which must be met if a CUP is required. RECOMMENDATION Staff recommends approval of Ordinance No. 94-17, An Ordinance Amending New Hope Zoning Code to Allow Open Outdoor Storage as a Permitted Accessory and Conditional Use Within the Industrial Zoning Districts. Attachments: 12/2 City Attorney Correspondence and Ordinance No. 94-17 12/2 Planning Consultant Memo Public Hearing Notice 11/22 Planning Consultant's Memo 11/4 City Attorney Correspondence 11/10 Building Official Memo 11/1 Building Official Memo 10/28 City Attorney Correspondence 10/27 Planning Consultant's Memo 10/6 Building Official Memo 9/12 Building Official Memo 7/21 Planning Consultant's Memo Excerpts/City Code DE0-02-94 FRi t0:55 P. 02/05 , W~dJAM C. STRAIT CoP.~cK & $o~p~uu.,t~, P.A. A~o~.s~?~ AT LAw ~i~Durg~ Exe~ve Office Pl~ 8525 ~brook Cross~g Suite Brooklyn P~k, ~e,om 55~3 ~E (61~) 4~6~1 FAX (6~2) L~VONN~ g, ~ December Mr. Kirk McDonald Management Assistant City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Open Outdoor Storage Ordinance No. 94-17 Our File No: gg,29417 Dear Kirk' Enclosed please find an Amended Ordinance No. 94-17 regarding open outdoor storage. 'The enclosed ordinance incorporates [he changes recommended by the City Planner's December 2, 1994 memorandum. As you know, the proposed changes were thoroughl¥ discussed at our November 28, 199~ Codes and Standards meeting. Specifically, the enclosed Ordinance includes a new section 3 which adds a definition of "open outdoor storage" to §4.0gZ dealing with zoning code definitions. I made two changes to the Planner's proposed l&nguage by changing semi-trucks to semi-trailers And rep3acing the word "ar]d" wilh "ur'" ~ter' "product" and before "semi-trai~ers", Obviously using the word "or" precludes the need to establish that all four items must be present before open outdoor storage is occurring. Also included in sections 1 ~nd 2 of the Ordinance dealing with ?encing ~s the Planner's recommenaed language exempting semi-trailers from the fencing requirement if the trailer is the exclusive outdoor storage item and is ~dequately secured for safety, Contact me if you have any questions, Very truly yours, Steven A. Sondrall slf Enclosure Valorio Leone (w/en~) A1 Brixius (w/enc) ORDINANCE NO. 94-17 AN ORDINANCE AMFNDING NEW HOPE ZONING CODE TO ALLOW OPEN OUTDOOR STORAGE AS A PERMZTTED ACCESSORY AND CONDITIONAL USE WITH[N THE INDUSTRTAL ZONING DISTRICTS The City Council of the City of New Hope ordains' Sectio,o 1. Section 4.143 "Permitted Accessory,Use~" of the New Hope City Code is hereby amended by adding subsection (3)"Open Outdour- Stprage" to read as follows: " Open Outdoor Storage. Open outdoor sloraRe as a permitted acce~or-y.,use prq,vJded ~hat' (a)_ Acoce~ory Us~. The open outdoor storage must be an a6cessory use~, as deli.ned by Sffctlon 4.022 (1~, of thi~ Code. t~_.a Permitted or ~pnditiona~ princiDal use on the site. ,(b) Ma.ximum SDa_C'...e.. The ...Dp~.n outdoor stor~,q.e area may no_t exceed twent~v (20) percent of the ,~ross floor ~r'ea of p__r.i nci p~l structure. Setbacks. The open outdoor stsrage area shall not be ~ocated within any front yaro or s~de yard aDuttin~ A public right-of-way. ~Den outdoor storage shall be set back five (5) feet from a~l side and ~,ear lot lines and she11 not ~ located with n a uti!it¥ or drainage easement, (d)- Surfac_.~n__E~. T_._h~ open O.~dour storage area shall be surfaced to con~rol FencinR~ A wire~w,.eave/chain link secur'jl~ fen,ce shatl be required aroun~ the ooen outdoor storaae area, in C~_nformen~ with 64~033(3)(c) of this Code. Open outdoor ator~ge sro~¢ 4ntended for the exclusive stor'a~e of semi£ trei~er'~ may be exempt from t.~e required security fencinq ~rov£d~d the storage area i~ d~lineated ~nd the individua] trai]ers are sepured, _S_c....r, eenin_q/LandscaDin_q. .T. he onen outdoor sto~e:~, area s h a ~_~_ be screened and 1 and~c~ped from ad i ~c_en{ res4den_t~al uses end public ri,~hts-of-way fn accordance the provisions ol' Section .4,033.0._f this _.C_,o.~cJ.e.._ BEO-O~-84 FRL 10:6~ P,O~x©B , Ch) ..(.i ) Required gpace. The open outdoor storage area shall not utilize any required off-street parkiqg, loa~!_Og areas, or aca~ ~pac~,..~8 r~quir~d by g~ction ~.~36 (8)(a) and 4.03? (4) of this Code, Hazardous Mat~rial~. T_b.h~_Dpen outdoor storaQe area shall not be used for storase of hazardous liquid~,. ~o]ids, ~ases or wastes. ]'his provision does not prohJDit the property owner from obtainin9 a conditional use permit for the outdoor storage of p~gpane or LP gas per §4.~4(12) Of this Code. Refuse and Upkeep. The property owner shall keep the open outdoor storage areas free of refuse ..... t. ras~, ~e~r!~_ weeds, and waste fill. ~ction 2. Section 4,144 (1)"O~en Storage. Accessory" of the New Hope City Code is hereby amended to read as follows: (~) _O_.p_en, Outdoor Storage, Accessory. Open and outdoor storage as a conditions] accessory use, where the open outdoor stora~ area exceeds twenty (ZO) [wenIy percent of the qross floor aL~a of the principal structure provided that. (~) ~ ....... : F ..... R .... qt-~--'--'' ..... Scre_eni n_q/_L__andscaoi n.q The open outdoor storage ~rea is ~ screened .a~ landscaped from v~:~', c¢, ,,.-"~$h~--:--.~, ,,,~ adjacent residential uSeS Or ;f "~"'+'+' .............. '" ..... ' '"' "'"'-'="+ and public r.ight-Of%~.a~ in compliance with Section 4,033 (3) of this Code. Fencing, A wire weave/chain link security tence shall be required around the open outdoor storage area in confo_c_~nce wj_t~ §4,033(3)(c} of this Code, Open outdoor storage ~rea$ intended ~or the exclusive storage o? semi- trailer~ may be exempt from the required secu[i~y_fencing pro¥~ded the storaae area is delineated and the j_Q_q~,v~gSLa~,.lrail~E,S are secured. (~) ~E(.8.cin~. Zh~...~pen gytdqg. E storage area is ~;'-~'~'~d u;' surfaced to control dust, A~e~ory U~. The open ,quldoOr stor'~,~ mu~t be an aC.c.e.s.S.o....ry us.e.,.._a..s d.e_.l'ined....b..y.. Se.c.t....!.o.n 4.022 (1) of this Code, to a permitted or conditional orjncimal u$_e on the. site, (e) if) (h) Setbacks, The open outdoor ~tor~ge area shall not be located within any,~r'ont yard or side yard abutting ~ public rig~.~-of-way. The open outdoor storage shall De set back five (5) fee~.from ~ll side and rear lot line~ and shall not be located ~ithin a utility or drainage easement. Required $~ace. The open outdoor storage are~ shall not utilize apy requ~.Kff~...q.tt-street parking,.loading_a~¢.a_s,. or acce~ space, la~ r~quj~,~d by_Section 4.028 (6) (~.) and 4.037 ~4} of Lhis Code. Nazmrdous Materials, The open outdoor storage area shall not be used foF storage of hazardous liquids, sol~ds, .~qAes. or. waStes. Th.~..~.._DrQgision does not prohibit the property owner from obtainiQ9 a conditional use permit for the outdoor sto£a~e of propane or LP gq~ per §4.144{12} of this Code. Refuse and Upk_~, The property owner shall keep open outdoor st.Q.r_a~e areas free of re~use,,.,tras~, debris, weeds, and Wa~s~e fill. Section 3. Section 4.022 (102A)"Open Outdoor StqK~ge" of the NeW HOpe City Code is hereby added to read as follows: 102__.& Open Outdoor Stora~o. Any open land used or occupied for tl~e purpose of outdoor storage or material, equipment, product or semi-t.r.~i.l_ers accessory to the__p...r.~.ncipa.! use of the ~roloerty_ Outdoor stor.a.[e_..shall not include the temporar~...oaFktn_q of motor' vehicles in desiBna.ted DarkinR stalls_~__gjc_trucks beinq seryj....c.ed, in de.s..iqnated loadin,q e~.~.9_tj~__n.&. Effective Oate. This Ordinance shall be effective upon its passage and publication, Dated the day of , 1994. Edw. J. Grickson, Mayor Attest: Valeri~-'Leone, City ci'~rk (Published in the New Hope-Golden Valley Sun-Post the ..... 1994.) day of' U R It A #l N G · D .... M A R K E T TO: FROM: DATE: RE: Frl .~. NO: Kirk McDonald Alan Brixius 2 December 1994 New Hope - Outdoor Storage 131.00 - 94.04 Based on the Codes and Standards Committee discussion of the proposed outdoor storage, the following changes and additions are offered for Planning Commission consideration: Def'mitiom Open Outdoor Storage: Any open land used or occupied for thc purpose of outdoor storage of mated/d, equipment, product, and semi-trucks accessory to tho pr/ncipal uso of the property. Outdoor storage shnll not include the temporary parking of motor vehicles in designated parking stall.% or trucks being se~4ced in clesign~t~! IDading areas. l~eacin~ Provision (e) of the proposed ordln, nce requires the de~gnated outdoor storage area to be defined by a chlthl link security fence. The original premise for thi.~ requirement is twofold: 1) to delineate ami confine the outdoor storage area, and 2) to secure the outdoor sWrage from pOt~lti-1 vslldali~ ~ At the Codes and Standards meeting, the need to fence outdoor sWrage areas for semi-trailers was discussed. These wailers provide a degree of security themselves and thc need for fence investment raised an issue of reasonableness. 5775 Wayzata Blvd.-Suite 555-St. Louis Park, MN 55416, (612) 595-9636.Fax. 595-9837 In addressing this issue, the Planning Commission has two options: I. No change, requiring all outdoor storage to be fenced. 2. Exempt semi-trailer storage from the security fencing r~uirement. language is offered below to illustrate the second option. Alternative ordinance Fencing. A wire weave/chaln llnk security fence shall be required around the open outdoor storage area in conformance with Section 4.033 (3) of the Code. Open outdoor storage areas intended for the exclusive storage of semi-trail,rs may be exempt from the requLmd security fencing provided the storage area is delineated and the individual trailers are secured. With the outdoor storage definition and resolution of the fencing requirement, the City may take action on the proposed open outdoor storage ordinance amendment. pc: Steve Sondcall 2 TOTAL P.03 NOTICE OF PUBLIC HEARING TO CONSIDER ORDINANCE AMENDING NEW HOPE ZONING CODE BY PERMITTING OPEN OUTDOOR STORAGE AS A PERMITTED ACCESSORY AND CONDITIONAL USE IN THE INDUSTRIAL ZONING DISTRICTS City of New Hope, Minnesota Notice is hereby given that the Planning Commission of the City of New Hope,.Minnesota, will meet on the 6th day of December, lg94, at 7:00 o'clock p.m. at the City Hall, 4401 Xylon Avenue North, in said City for the purpose of holding a public hearing to consider the adoption of an ordinance amending the New Hope Zoning Code. Said ordinance will have the affect of amending §§4.143 and 4.144 of the Zoning Code to allow open outdoor storage as a permitted accessory use and a conditional use in the industrial zoning districts. Ali persons interested are invited to appear at said hearing for the purpose of being heard with respect to the zoning code amendment. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk to make arrangements (telephone 531-5117, TDD number 531-5109). Dated the 16th day of November, 1994. s/ Va]erie J. Leone Va]erie J. Leone City Clerk (Published in the New Hope-Golden Valley Sun-Post on the 23rd day of November, 1994.) U R B P L A N N G D M AR K E T R Inc. E S E A R C H MEMORANDUM TO: FROM: DATE: RE: FILE NO: Kirk McDonald Cary Teague/Alan Brixius 22 November 1994 Now Hope - Industrial Outdoor Storage 131.00 - 94.04 Per your request, our office has reviewed Steve Sondralls' draft of an ordinance amendment which allows open and outdoor storage as a permitted accessory and conditional use within both the I-1 and I-2 Industrial Zoning Districts. Outdoor storage up to 20 percent of the gross floor area of a principal structure is considered a permitted accessory use. Outdoor storage that exceeds 20 percent of the gross floor area of the principal structure is allowed as a conditional accessory use. The proposed ordinance addresses all of our office's suggestions at the 7 October Codes and Standards meeting including: · · · · · Outdoor storage are meeting required setbacks of the industrial district. Area if fenced, screened and landscaped according to an approved landscape plan. In particular screening is essential from adjacent residential land uses. Storage area must be surfaced to control dust. Storage area must have a security fence. Storage area must be exclusive of required parking or loading space. Storage of hazardous materials is prohibited. LP tanks are allowed by a conditional use permit. The term "open outdoor storage" is consistent throughout the text. Overall, the proposed ordinance is well written and covers all of the City's issues regarding outdoor storage. 5775 Wayzata Blvd.-Suite 555-St. Louis Park. MN 55416. (612) 595-9636-Fax. 595-9837 STEVEN A. $ONORALL MICHAEL R. LAFLEUR MARTtN P MAL£CHA W~LLIAM C. STRAIT CORRICK & SONDRALL, P,A. ATTORNEYS AT LAW Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE 1612) 425-5671 FAX (612) 425-5867 November 4, 1994 Kirk McDonald Management Asst. City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Proposed Ordinance Permitting Open Outdoor Storage in the Industrial Zoning Districts Our File No: 99.49417 Dear Kirk: Please find enclosed revised Ordinance 94-17 regulating open outdoor storage in response to the points raised in Doug Sandstad's November 1, 1994 memo. ! agree that Doug's suggestions should be incorporated into the proposed Ordinance. I have dealt with each point made in the memo as follows: 1. This Ordinance will pertain both to the I-1 and I-2 Zoning Districts. Please refer to Code §§4.153 and 4.154(1). These sections found in the [-2 Zoning District make all permitted accessory uses and conditional uses in the [-1 Zoning District applicable in [-2. As a result, any amendments to the permitted accessory uses and conditional uses of the [-1 District will be available in the [-2 District by the referenced sections. '2. ! agree that fencing for security and definition of the storage area should be incorporated into the Ordinance. I have added a f~ctng requirement to both sections. Basically, I have used the same requirement for enclosure of propane and LP tanks found in Code §4.144(12) and tied said regulation to the genera1 performance standards for fencing on industrial lots found in §4.033(3)(c). If some other type of fencing is more desirable or required, this paragraph should be modified accordingly. Mr. Kirk McDonald November 4, 1994 Page 2 3. Aesthetic screening seems to be handled by the Ordinance as already written. The area must be screened and landscaped from adjacent residential uses or public right-of-ways in accordance with the general performance standards found in §4.033. On this issue I would ask Doug to explain why the Ordinance as written does not address the aesthetic issue raised in his memo. 4. The Ordinance has been revised so that grammatically all references are made to "open outdoor storage" only in response to Ooug's concern over five different descriptive phrases. 5. Outdoor storage of propane and LP tanks is not being prohibited by this Ordinance and will continue to exist as a separate conditional use under §4.144(12). However, to clarify this issue I have added language to the hazardous materials regulation specifically indicating this fact. In other words, if a property owner desires to store LP or propane tanks in addition to open outdoor storage, it is my opinion two conditional use permits will be required. I am assuming we want property owners to separate storage of LP or propane tanks from general open outdoor storage allowed by this new Ordinance. If this is an incorrect assumption, please advise and other language can be drafted. Hopefully, the revised Ordinance addresses the issues raised in Doug's memo. If not, I will wait to hear from either you, Doug or A1 Brixius with clarifying language. Finally, I will take the responsibility for insuring that a public hearing notice is published for consideration of this Ordinance at the December 6, 1994 Planning Commission meeting. Very truly yours, St even A. Sondrall slf2 Enclosure. cc: Valerie Leone (w/enc) Doug Sandstad (w/enc) A1 Brixius (w/enc) MEMORANDUM TO: STEVE SONDRALL KIRK McDONALD FROM: DOUG SANDSTAD DATE: NOVEMBER 10, 1994 SUBJECT: OUTDOOR STORAGE ORDINANCE /INDUSTRIAL USE OF LP FUEL I agree with Steve's suggestion that several code adjustments must be made in order to accomplish the intended effect for all parties: changing the appropriate REAR YARD, INDUSTRIAL LP TANK installations to a Permitted Use, while expanding our other non- hazardous outdoor storage parameters without requiring a CUP. Not all of our city code language pertaining to LP requires alteration: * Section 9. 08 should remain as it is. * Section 4.144 (12) should be deleted and a nearly identical section added to; * Section 4.143 (3) Outdoor Storage of LP Gas, Accessorg Only one word should be stricken from the entire section, "conditional", in the first sentence. We have, therefore, shifted the local code rules for outdoor storage of LP gas tanks in both industrial zones from a CUP to a Permitted Accessory Use. Please call me, if you have any comments or questions. cc: file TO: KIRK FROM: DOUG DATE: NOV. 1, 1994 SUBJECT: TONIGHT'S PLANNING COMMISSION MEETING I spoke with Al Brixius, yesterday, about a number of problems with the latest draft of Ord 94-17, Outdoor storage in Industrial Areas; * Ordinance should pertain to both industrial zones. * Fencing for security and clarity of storage location/area is a must. * Aesthetic screening is needed near R zones and where visible from public streets. * Descriptive terms should be consistent in the body of the code- FIVE DIFFERENT phrases in the draft serve to confuse the public we are trying to serve: "Limited Open Storage Accessory" ? "Open Storage" ? "Accessory open/outdoor storage" ~ "Limited accessory open outdoor storage" ? "Designated open outdoor storage" ~ * Rear yard LP tanks in industrial areas must be permitted, and determination of of all other "hazardous" materials should be tied to Building Code, or the Director of Fire & Safety, where definitions (based upon national standards) already exist. 'd~lJAId ~ COR~CK & SO~n,~L. P.A. A~ro~,~Ey$ Ar LAw Ed/nburgh Execu~ve Office Pl~ 8525 Ediubr~k Crossln~ 8~te ~203 Bmokl~ P~k. ~nmeso~ 55443 October 28, 1994 Kirk McDonald Management Asst. City of New Hope 4401 ×ylon Avenue North New Hope, MN 55428 Proposed Ordinance Regulating Outdoor ~torage in the I-1 Zoning Oistrict OUr File NO: g9.49417 Dear Kirk: I have reviewed the City planner's October 27, 1994 memo and proposed Ordinance in connection with outdoor storage in the I-I Zoning District. Please flnd enclosed a revise~ Ordinance incorporating the Planner's recommendations into our City Code format for consideration at the next Planning Commission meeting. The only substantive change I made from the City Vlanner's Ordinance is found in section 2 dealing with oven storage as a conditional accessory use. The Planner deleted suOsection (a) and (b) ct the existing ordinance and rewrote the vrovisions as subsection (c) and (d) in the ordinance attached to his memo. I simvly amended subsections (a) and (b) of the extsttng orOtnancs to contor~ tO the Planner's rewrite. Therefore. the lettering system between the enclosed Ordinance and the one proposed by the Planner are not identical, however the substantive content of the provisions ara l~entt¢al. ! ho~e this is not too confusing. Contact m& if you have any questions. Very _tJ~.ly yours, S~even A. Sondral 1 Enclosure cc: valerie Leone (w/enc) Daniel J, Oonahue (w/enc) U FI S A P L A # I-# O D E S · Il A R K E ? TO: FROM: DAT~: RE: FILE NO: Kirk McDonald Alan Brixius 27 October 1994 New Hope Outdoor Storage 131.00 - 94.04 BACKGROUND In review of New Hope's indus=rial zoned properties, City staff has discovered that many indus=riss include s~ne accessory outdoor storage as an element of their business. While outdoor storage in industrial zones is necessary, concerns with regard to storage type, appearance, site function, and impacts on surrounding properties are addressed in the performance standards of the New Hope Zoning Ordinance addrsssing this land use. Currently, the City of New Hope zoning Ordl--nce stipulates that a conditional use permit is reguired for all ou=door storage within =he City's Limited Industrial District (I-1) and~eneral Industrial District (I-2). However, within these districts, there are many instances of non-c~liance, where outdoor storage is being utilized on the property without a conditional use permit being issued. In many cases, the outdoor storage represents only a minor portion of ~ si=e operation. As such, staff believes =hat a mandatory C~ process bec~aes an encumbrance on enforcement. To ease ordinamce enforcement and to address the issue of non- compliance, City sta£~ and the Codes and Standards Committee formulate~t~Aeatta=hedordinance which would allow limited outdoor storage as a permitted accessory use. 5775 Wayzata Blvd.- Suite 555- St. Louis Park. NIN 55416- (61.2) 595-9636-Fax. 595-9837 The major points of emphasis include: Limited Accessory The City would allow some limited accessory outdoor storage as a permit=ed accessory use. We emphasize and define accessory storage as storage ancillary to the principal use of the site and limited to not more than 20 percent of the principal structure. Outdoor storage that does not meet these standards would still have to pursue a CUP. AS a permitted accessory use, the business could have some outdoor storage without the need to process a CUP. This administrative change should serve to ease implementation and enforcement. Compatibility of Performance Standards The proposed ordinance would require the permitted accessory storage provided it ccm~ly with performance standards that address appearance and cc~Datibility, including set. backs, screening, required s~ace, and prohibition of hazardous waste. CONCLUSION The industrial zoning districts are designed to acc~-~odate intense industrial act±vities, -~-¥ of which include some outdoor storage. The proposed ord~9~cs c~-ge is mainly directed to acc~date some outdoor storage without the need for CUP approval. City staff believes this limited flexibility in the process will benefit both local businesses and the City in the enforcement of its zoning regulations. SPECIAL PROJECT TO: KIRK McDONALD ~ / FROM: DOUG SANDSTAD DATE: OCTOBER 6, 1994 SUBJECT: PROPOSED I-1 TEXT AMENDMENT FOR OUTDOOR STORAGE Site Ratio Examples I have attached three lettered exhibits that illustrate four industrial properties that have, or could have, outdoor storage. I have included building sizes and the corresponding maximum outdoor storage ratios that could fit on the lots without reducing parking, or exceeding ten percent (10%) of the building footprint. One example shows a 1992 CUP for 36% of the building area at 3531 Nevada. Another reveals that many of our lots are already developed at MAXIMUM, and no room is available at 5201 Winnetka Avenue. A third example requires a CUP, since the site design at 5121 Winnetka has left only a SIDE YARD for potential storage. Staff emphasize that the "permitted" outdoor storage be premised upon a CONFORMING SITE, REAR YARD location, NO VARIANCES and NO "HAZARDOUS MATERIALS'; per the State Building Code, and SCREENING for looks and security. While a ratio of ten percent (10%) is modest, special needs can be reviewed under the CUP process, such as the 'TIDCO" example provided (36%). We may want to discuss whether it is passible and reasonable to restrict visible signage (above screening fence) on an aesthetic basis. We are not dictating which trucks service a property, but clarifying those that may be routinely stored outside, after plan approval Other tall objects could contain "messages'; also. Fencing musty comply with the language in 4.033(3)d[ii] of the city code. cc: attachments file:l-lSTOR NE X AVENUE x~ F t i I AVENUE AVENUE ~0: K~RK McDONALD FROM: DOUG SANDSTAD ~ / , DATE: SEPT. 12, 1994 SUBJECT: PROPOSED ORDINANCE CHANGES REGAADING INDUSTRIAL OUTDOOR STORAGE I would recommend that we add some clarifying langauge to the dra~ ordinance in the July 215t letter from our consulting planner. With an apparent seriou~ need for minor outdoor storage, nearly 40% of our 113 industrial property owners could become benefit from an improvement in tl~ code. A number of them would be required to re. duce thtir storage or, perhap& in~tall fencing or screening, however. Legal, nonconforming outdoor storage would be allowed to continue, but that which we have not allowed through a CUP could be subject to a newcode. Two area~ rnu~t be $peciflca~,y outlined in any such code change: * Buildin$ / Outdoar Storage Ratio; My ~ugg~ it to limit th~ 'permiaed outdoor ~orage~ to a ~ o[ 10% of tl~ ad~ac.e, nt bldlding area ~ unde~core~ th~ ACCESSORY nature of the * Prohibition of iummtm~ ~ solid~ ga~e~ and waste other than a rear yard LP tanl~ ~ by tl~ Director of Fir~ & Safety. In all ~ ~ w~ndd want a current lot ~urvey submiae& along with a "Propmed Outdoor Stora~ Ptan', bef.~ ~mn~nx them. cc: ~ P L A N N G D E S I G N Consultants, Inc. M A IR K E T R E S E A R C ~ M::EMO R..~.~rDLiM TO: FROM: DATE: FILE NO: Kirk McDonald Dan Licht/Alan Brixius 21 July 1994 New Hope - Industrial Outdoor Storage 131.00 - 94.04 BACKGROUND At your request, we are providing you with suggested Zoning Ordinance language regarding outdoor storage as a permit=ed use. Currently, the City of New Hope Zoning Ordinance stipulates thac a conditional use permit,is required for outdoor storage within che City's Limited Industrial District (I-1) and General Industrial District (I-2). However, within these districts, there are many ins=encee of non-cc~liance, where ou=door storage is being utilized on the proper~y withou= a conditional use permit being issued. In order to eliminate this non-com~liance, the City may seek to amen~ the Zoning Ordinance to make outdoor storage an accessory use. To amenc~ ~ Zoning O~ina~ce requirements to allow for open storage ~ tl~e I-1 ~d I-2 Districts without CUP, and to se= standar~z~l~tng ~he storage, following language is offered =o be integz~t=~ in=o =he New Hope Ordinance. 5775 Wayzata gv~-Suite 555-St. Louis Park. MN 55416. (612) 595-9636-Fax. 595-9837 4.333 ,9', Ex:= ~ S:orage. Accessory outdoor storage within the I-i and Zc~g Dis ~ '- ' ..... ~r,c~= is a!!cwed under the fcllcwin: c~ndi~ions: The outdoor storage is accessory to a permitted or conditional principal use of the site. ii) The outdoor storage must meet the required setback of the respective zoning district. iii)The area is fenced, screened and landscaped according to a plan approved by the Zoning Administrator and a landscape guarantee as determined by the Zoning Administrator is proVided. (iv) The storage area is surfaced to control dust. (v) The exterior s~orage must be exclusive of required parking and/or loading space. To fully address this issue, it is suggested that the exterior storage standards (Section 4.033 (9)) be expanded to include outdoor storage as a permitted accessory use within the I-1 and I-2 Districts. Additionally, the open storage standards within the conditional use sections of the I-1 and I-2 Districts (Sections 4.144 (1) and 4.154 (1)) would be repealed. pc: DOug Sands=ad 2 4.14~, p~ov~de for ~e enca~s~meflc off £fldus~&~ developmefl~ ~a ~ we~ (3) ~ (4) &rnheunen ($) ~Servicen (O) ~n (13) (14) t scope production Rudio £or ~r·nchinod Cable television programming produced by end ~or m~rs ~e ~r~at S~r~ Ca~e C~tco~tcoa C~sston. Slid uae by S~m 4.20. Uo~lt~sUndln~ S~tm 4.20; fie Ccodi~oae~ ~ere ~s a f/~g ~a~ ~e a~ici~a~ he~gh~ ~s ~ecAa~calLy ne~eo~ M ~m Ue U~ a~ are· ~d (OM. 11o7) use of ~mployee~ ia r~e LmmdLRe &rea. net £orta in add ro~ul~ted by Section 4.20 end ~ml~Lleaee vir~ 4.033 (3), S~eeaieg, 4.033 (S) ShieLding o£ L/ghee). ~~~~d~~. Open and outdoor s~orage e~ · ~~/cond~t~o~L ·G-~asory use provided tn·t: &-73 07268& I I I I l 4.033 (a) ~rea :Lm~=. Accessoty outside serv£ce, sales and equ£pmant ~enca~ connected w~tA a Pt~nc~pa~ use ~s l~m~te~ to t~Atty percent of tAe gross ~loor area of t~e Pr~ncApaL use. I I (c) Sur~acin~. duet. I I I I or screened Jroa v&aw o~ ne~gAbQ~nV res~dect~aL uses. (3) development as requested ~y Sect&on 4.L9 o£ t~s Code. ...... , · clear span roo~ ~caL~y Sound La industrial bu~L~a~'exc&..-, ....... ~_ _c.) a.m. to LOeO0 p.m. dully. traffla and parking demand. CS) S~booZi. ~Talai~f. ~'alainq ScAooLs, provided thR, ~i~ -- --:- _. ~ec_oc ~e p~uR, pr~ss or servtce (b) Code C~-olLantn. prose of catp~leaoo with CLty and State (c) as a result of the oparet~on of the school. &-7& C 07268& I l I t I I I I (:[2) (Ord. 85-24) ~s floc scot~ ~ot ~e~esa~e et reca~ sa~e ~flLess specifically pe~Lcc~ by another s~Cton o~ CA~s C~e, and c~e ~oLlovLflg (a) L~a~Aon. ~L pro~fle or LP gas o~Cdoor s~o~a~l ranks shall ~ Locac~ ~a ~e tear yard not ~ess than tventy-~Lve (2S1 ~eet ~t~ any pro~tcy ~ufldary lines. Mo tanks sheaf ~ ~A~ Aa ~e front yard and sade Maid abutting p~MAA~ itrNu. (b) O~n Area. S~orage taa~s shal~ ~ suttound~ ~ tveflty-~lve (2S) ~ee~ o~ open a~ea. Storage o~ any ~Lnd to prohAb~C~ La said open area, ueept ~uiMen~ incidental to the s~orage uae. A~rff~ ~t~flV areas m~c ~ sec~ek tea (~0) ~ee~ arm uy ecotage cafl~, (d) Setbacks ~r~a Building. Storage tanks shall bo setback ex~et~nV aero, cures, aa outLAned tn the UnA~om fire Code, baaed sa uae else. drive,ay, curb cuts and lo&ding arena. I (e) F~_.~. A vice ~eave/chaLfl link security ~eoce shall bo requ~A~-ed around ail ecotage tanks. ?~e location o~ the ~enee shall bo an per ~he UnA~om Fire Code. (~) A~eei. S~rage st~ee aha~l ~ ~cesstbLe ~ service and mervea~ vehicles. (g)~Xveo. ~X raining valves se ~he s~ecage ~d md ~ve X~kAag devLcee. (h) WarnAae I~eeee. A ~rning s~Vn shall ~ rNuAr~ ~or ~e~ a~, ~t ~l~Zy ~ger~ and ~am~Ze 4-1YA 0~14 CODES & STANDARDS COMMITTEE REPORT The Codes & Standards Committee met on November 28th to discuss the following City Code issues and will be reviewing their recommendations on several of the issues with the entire Commission at this meeting. 1. Furniture and Appliance Sales in the I-1 Zoning District As you are aware, A.C. Carlson, a New Hope furniture and appliance retailer currently located on Bass Lake Road east of Winnetka Avenue, owns the property at the southeast intersection of Bass Lake Road and International Parkway. Carlson also recently purchased the west portion of the former Post Publications property, adjacent to the comer site, when it was subdivided and sold last year. The current A.C. Carlson business is located in a B-2 Retail Business Zoning District, which allows furniture and appliance sales as a permitted use (B-4 uses not marked with an asterisk -see attached City Code). The proposed future location is located in an I-1 Limited Industrial Zoning District, which does not permit retail sales of products not manufactured on the site. While the property owner has not made a formal application for a code text amendment to date, staff has been requested to explore the alternatives as to how the Code might be amended to allow this use on the I-1 site. The three alternatives cOnsidered included: Adding furniture and appliance retail sales as a permitted use by defining "building materials" to include furniture and appliances. Amending the Zoning Ordinance to allow furniture and appliance sales as a conditional use in the I-1 District. Rezone the property or general area as a B-4, Community Business, Zoning District, where furniture and appliances are allowed as a permitted use. The issue was discussed at the September Codes & Standards meeting, where the August 23rd report from the Planning Consultant was reviewed. This report outlines options to accommodate the use and discusses the pros/cons of each option. This matter was also briefly discussed at the October 4th Planning Commission meeting, with no definite recommendation being made pending further research by the staff/discussion by the Committee. The Committee requested staff to do further research on the types of businesses currently in operation along Bass Lake Road to determine if rezoning was appropriate. Staff prepared the enclosed map identifying the businesses located in this area and the Building Official prepared the enclosed October 5th memo regarding the appropriateness of rezoning the property. These materials were further discussed by the Committee in October and it was the general consensus of the Committee that rezoning the area to B-4 was not appropriate due to the fact that it would make some of the businesses non- conforming uses. It was also generally agreed that it' would not be appropriate to allow the retail sales of furniture/appliances as a permitted use in all 1-1 zones, but that it may be appropriate in specific industrial areas located on collector roads as a conditional use. The Planning Consultant summarized this recommendation in his October 27th report and this issue was discussed at length at the November Planning Commission meeting and there were a variety of opinions, with some Commissioners in favor of a code amendment that would allow the sale of furniture and appliances as a conditional use and other Commissioners opposed to a change in the Code. The Commission requested that the Planning Consultant and staff prepare maps/graphics that better depict the options under consideration. The Planning Consultant prepared the enclosed graphics and November 22nd report to further describe each option. These options were discussed at the November 28th Codes & Standards meeting. The Committee did not reach a consensus on this issue. The general feeling of the Committee is that they would like to do something to accommodate this business and' the development of this property, but there are several Committee members who prefer the conditional use permit option and at least one Committee member who favors rezoning. Staff would like to conclude the discussion on this issue at this meeting. Again, staff is simply seeking direction from the Commission on this issue so that the potential petitioner can be notified as to whether they should make application for a code text amendment, a rezoning or if the Commission is not favorable toward allowing the use at this site. If a consensus cannot be reached by the Commission, staff will inform A.C. Carlson that several options were discussed but no agreement was reached and they should make their own determination as to which option should be pursued through the zoning application process. Attachments: 11/22 Planning Consultant Memo/Graphics 11/1 Planning Commission Minutes on this issue 10/27 Planning Consultant Memo 10/5 Building Official Memo/Maps 8/23 Planning Consultant Memo Excerpts/City Code 2. The Keeping of Animals and Birds in Residential Zoning Districts As previously discussed, there is a resident in New Hope currently raising pheasants in violation of the City's existing ordinance. The current ordinance states: "Minimum Area for Maintaining Animals or Birds. No person shall keep or maintain any horse, cow, goat, mink, fox, chicken, turkey (or any other fowl), except in conformity with the minimum lot or parcel area limitation specified below. Ao One Animal or Six Fowl or Birds. For the first of any such animal, or the first six of such fowl or bird, a minimum lot area of not less than 54,540 square feet. Additional Animals, Birds or Fowl. For each additional such animal or birds, or fowl, not less than 10,890 square feet." A survey was completed and ordinances obtained from other metro-area cities regarding their regulations on this issue and it was discovered that most cities do not allow the raising of fowl or else allow it by conditional use permit. The general consensus of the Committee was that no change should be made to the intent of the current ordinance, as the Committee felt that the raising of fowl on a small residential lot should not be permitted. However, the Committee did feel that the existing ordinance language itself may require some updating. The full Commission was in general agreement with this recommendation at the October 4th Planning Commission meeting. The City Attorney prepared a draft ordinance for discussion at the November 28th Codes & Standards Committee meeting, which was an attempt to streamline and simplify the existing regulations. The major highlights of the ordinance revisions, as outlined in the November 22nd Planner's memo and the City Attorney's October 31st correspondence, are as follows: A number of the code sections were redundant or no longer applicable. This is the reason for deleting and repealing those regulations in section 1 of the Ordinance. Two sections of the animal regulations are found in Chapter 9 of the Code combined with other regulations dealing with litter: specifically sections 9.117 "Horses on Public Streets" and 9.118 "Minimum Area for Maintaining Animals or Birds". This made no sense and as a result these sections should be deleted from Chapter 9 and moved to Chapter 7 dealing specifically with animal regulations. Code sections 7.06 "Animals Running at Large" and 7.07 "Regulation of Keeping Wild Animals" seems unnecessary and is repealed as a result in the proposed Ordinance. The "Animals Running at Large" regulations are already covered by Code sections 7.023 "Nuisances and Running at Large" and.7.026 "Confinement and Control". Therefore, sections 7.061 and 7.062 dealing essentially with the keeping and herding of farm animals is no longer necessary, also, the new section 7.06 of the proposed Ordinance placing limitations on the keeping of animals makes it a public nuisance and unlawful to allow the herding of animals anywhere within the City. The City Attorney found the existing Code section 7.07 "Regulation of Keeping Wild Animals" unnecessary, as it is understood that the City would not allow any person to keep and maintain a wild animal within the City unless said animal could be contained in a cage within a dwelling. This circumstance has been provided for by the new Code section 7.064 of the proposed Ordinance. New section 7.07 of the proposed Ordinance deals with "Exempt Animals". Said section would allow an owner or exhibitor of wild animals licensed under federal law or Minnesota Statute §97A.041 to exhibit said animals in the City as part of a show or parade, or to obtain treatment for said animals by a licensed veterinarian within the City without violating our wild animal exclusion regulations. Fo The new section 7.06 of the proposed Ordinance copies the Brooklyn Center ordinance limiting the keeping of animals. It better clarifies the maximum number of dogs and cats that can be kept by any household and as a result existing section 7.050 was deleted. No person can have more than four dogs or four cats over six months old. The reference to the 10 dog and 10 cat limit deals with the necessity of providing time for an animal owner to contend with or give away a litter of puppies or kittens produced by the family pet. In other words, an animal owner has six months to get rid of the "little rascals" to comply with the four animal over six month limit. (The ordinance maintains the existing standards for the keeping of dogs and cats.) Hoofed animals are prohibited from the City, with the exception of pot-bellied pigs. Fo Wild animals are prohibited, except as household pets confined to a cage within a dwelling. Ho The ordinance does not change the square footage requirements for maintaining fowl on a parcel of property. Therefore, the pheasant owner precipitating the review of these regulations will still be prohibited from keeping pheasants on his property. The ordinance prohibits the keeping of "fowl", unless the lot area where the animals are kept is at least 54,540 square feet in size. The ordinance includes a provision that prohibits the combination of animals and/or fowl kept under conditions that constitute a nuisance, or endanger the health, safety, comfort, or welfare of the public or the animals or fowl. The Committee discussed the ordinance on November 28th and recommended four minor changes to the ordinance regarding number of dogs/cats, weight limit, exceptions for pet stores/veterinarians/research laboratories, and a permit process for wild animals. The City Attorney made the following changes in response to the Committee's concerns: Section 2 of the Ordinance dealing with wild a~imals has been changed to include the City Planner's 20 pound weight restriction requirement. That provision also requires wild animals to be licensed and registered with the City in the same fashion as dogs. Bo Section 3 of the Ordinance was modified to exempt licensed veterinarians, pet stores and research laboratories that keep and maintain animals for legitimate commercial purposes. Co Corrects a typo in the City Attorney's October 31, 1994, letter dealing with this Ordinance. Page 2 of said letter indicates that no person can have more than four dogs or four cats over six months old. That is incorrect. The legal maximum under the ordinance is three dogs and cats rather than four. Staff requests that the full Commission consider this ordinance so that staff can proceed to the City Council with a recommendation. The Conunittee/Commission will have responded to the two directives from the Council to study the "keeping of pheasants" issue and to make recommendations to update the ordinance. The City Attorney will be present at the meeting to answer any questions you have. Attachments: 11/30 City Attorney Correspondence and Revised Ordinance No. 94-18 11/22 Planning Consultant's Memo 10/31 City Attorney Correspondence 9/28 Planning Consultant's Memo Other City Ordinances FURNITURE AND APPLIANCE SALES IN THE ~1-1 ZONING DISTRICT Northwest Associated Consultants, Inc. URBAN PLANNING DESIGN MARKET RESEARCH MEMORANDUM TO: FROM: DATE: RE: FILE NO: Kirk McDonald Cary Teague/Alan Brixius 22 November 1994 Now Hope - I-1 Furniture and Appliance Sales 131.00 - 94.05 Per your request, our office has put together graphics (attached) which highlight the three options the City is considering in regard to A.C. Carlson Furniture. The following describes each option and provides a narrative of the corresponding graphics, Option #1 The first option is to add furniture and appliance retail sales as a permitted use within the I-1 and 1-2 Zoning District, by def'ming "building materials" to include furniture and appliances. Exhibit A displays the areas in which this type of use would be allowed. Overall, 109 lots zoned I-1 and 20 lots zoned I-2 would be affected. Option #2 The second option amends the zoning ordinance to allow furniture and appliance sales as a conditional use in the industrial zoning districts. Under this option, only properties that have frontage on a co~1~C~ or arterial roadway may operate a ~ff-~t.~-~._& ~:---~_%'~'~ Jfurniture and appliance retail sales business. As shown on Exhibit B, under this scenario, 53 I-1 lots, and seven I-2 lots would be allowed to operate this type of business. 5775 Wayzata Blvd.- Suite 555 · St. Louis Park. MN 55416 · (612) 595-9636.Fax. 595-9837 Option/43 The third option is to rezoned the property or general area to B-4, Community Business District. As shown on Exhibit C, this option effects three lots located on Bass lake Road. 2 -- OPTION # 1 ALL INDUSTIAL LOTS I- 1 ZONING (109 LOTS) I-2 ZONING (20 LOTS) EXHIBIT A OPTION #2 INDUSTRIAL ZONED LOTS WITH ARTERIAL OR COLLECTOR ROAD FRONTAGE · I-1 ZONING ( 53 LOTS) I-2 ZONING (7 LOTS) EXHIBIT B OPTION #3 AREA TO BE REZONED TO B-4 EXHIBIT C URBAN PL NG . OESiGN RESEARCH TO: FROM: DAT~: RE: FILE NO: Kirk McDonald Alan Brixius 27 October 1994 New Hope - I-1 Furniture and A~pliance Sales - A.C. Carlson 131.00 - 94.05 BACKGROUND The City of New Hope has the opportunity to assist a local business in its relocation and expa-~io~. A.C. Carlson wishes to relocate their furniture a~t appliance store to a site located at the southeast corner of BassLake Road a~.d Internatio~al Parkway. This site is approximately 1.3 ares in size and is zoned I-1 LighC Industrial District. ' The I-1 District does not allow furniture an d appliance sales as an acceptable use wi~xin the district. In review of this issue, City staff outline4 three options to acc~4ate A.C. Carlson at the subject site in a 2August 1994 planning report. The three options included: A~furniturean~appliance retail sales as a permit~e~useby defining 'building materials, to include furniture and appliances. Amen~ ~m Zc:ming Oz~inance to allow furniture and appliance sales a~ a conditional use in an I-1 Zoning District. Rezone'~e proper~y or general area B-4, Co~A~Anity Business District. These options were discussed at a New Hope Codes and Standards Coa~ai~teemeeting. The C~m~aittee did not like Option 1 which would allow furniture an~ appliance sales as a permitted use withinthe I-1 District. This would allow this type o~ retail enterprise to enter a-y I-1 site within the City. This raised compatibility and traffic concerns. 5775 Wayzata Blvd.. Suite 555-St. Louis Park, IVlN 55416-(612) 595-9636-Fax. 595-9837 Option 2 a.Td 3 would provide the City some qeographic iimit~ ~o the proposed use w±~hin the City. Option 2 would establish furniture sales as a conditional use within tke I-I Zoning District. In developing the Ordinance language, ~he City would establish performance standards that would provide some geoqraphic limitation to the sites capable of accommodating the proposed retail use. We have attached a draft ordinance as an example of the proposed perfora~ce standards. Option 3 would be to rezone the site to a B-4 Zoning District. ?nfs option would limit the geographic opportunity for furniture sales to the specific site. In evaluating the subject site's location at the periphery of the I-1 Zoning District, surrounding la~d uses, and the mixture of businesses occupying the site to the east of the subject site, City staff believes a case could be made for commercial rezoning. CONCLUSION In review of the available options, the Codes and Standards Co~,aittee concluded that the option to be pursued to accommodate the A.C. Carlson request would be a tex~ amendment to allow the furniture and appliance stores within the I-2 District by CUP. With ~he consensus of the Plannin~ Coa~ission an~ Council, City staff will advise A.C. Carlson to submit an application for the zoning amendment. 2 SPECIAL PROJECT TO: KIRK .~tcDONALD ~/"X ~.// FROM: DOUG SA~VDSTAD DATE: OCTOBER 5, I994 SUBJECT: LAND USE ON BASS LAKE ROAD WITH COMMERCIAL & INDUSTRIAL CHARACTERISTICS I have looked at the area between Boone Avenue and State Highway #169, in an effort to research the question of the Codes & Standards Committee. l'he possible appliance sales on the corner of International Parkway and Ba&s Lake Rd. (hereafter, BI, R) raised several questions about existing businesses in the area who may already have a "retad" component, such as printing services. Exhibit "A '; attached, shows the five lots on the south side and one lot on the north of BLR with non-residential zoning. All but one are developed. The recent A.C. CarLson request pertained to the undeveloped lot. An dlustrative comparison chart looks like this: Lot # Owner: # of Tenants: Any "Retail" ? 1 Palani 3 Some window sales 2 Griffin Co. 4 Some printing 3 A.C. Carlton undeveloped n/a $ D. Brinlttr 4 Printing & Real Estate 6 Prudmt~ I No None oi' gall M~Om u~ h~ prim~ retail salea and the real estate o~lce is more of a "service" bsoin~ ~ est~ u~ are common, however, in retad (Basive__~_q shopping areas. None of the b~ine..s~ hat ~ city approval for significant retad sale~ becatase of the I-I, Indas~ zone. All ham declared major WHOLE~4LE customer bases, which we do permit in oar i. nd~,i~d the six building& two have ~re.s~ no interest in retad 'trafftc",# 4 & # 6. 1'he ~ocar:on a~on~ a rnmor ~r~.¢r:aL street across ?rom ~.o~ and medium den$iD; restdenlta[ ,~5e$. ~ :,ieai[v xut.'.e~ for a transitional use. l'he city chose tn ~.he i~)oO 'x to ,focus industrial uses tn :he enare 'Sc:ence [nct~str~' Park" area that extends ! mile along State High~'ay ,1~c) and ! 2 ~mie ~tde. Oar comprehenst:e plan. in 1978. anderxcorert the ~alue of a cohesive, large, mdusrr',ai park ~,tth good h~gh~,ay access, l'wo fundamental questions arise ~',tth a potential change along Bass Lake Road: Can a "retail" business component be added to the I-I ZONING TEXT in this area. and ci~wide, that does not compromise the integri~ of the large, successful industrial park ? Can the area along B£R reasonabl, v be REZONED towards a more "retail" (Business~ nature, given its distinctness: *location on major arterial street *high visibility *acro~ the street from residential area *great vehicle and pedestrian access *sidewallt~ *traffic signai,~ *good ~treet lighting level~ *end of industrial area well suited to a transitional uze ? ,Vote from e.r, hibit "B"-"ZONING" that one rezoning ha~ occured in the area that was not anticipate& south of the lot~ in quentin. A large wetland and new City Park provide a "natural" bullet to the heav~ ind~trial area to the ~outh. An important point to con~ide, r in th~ kind of ea~ioratton i~ the po~le long-term value of reemminin$ our ent~ Ba~ Lalt~ Road corridor, since other proble~ or challenging poc~t~ ~ti~t. Exhibit "C" hishlisht~ tl~ 1.6 n~ corridor from Crystal to Ptymouth. It is tempting to look ~t ~nglt gropm~ bat there are timez when a focu~ on the commun~ I would ~ ~ ~ m~t ~th our planner and the City Manaser to pinpoint our thoughta be~v~ r~rO~ mattr~ back to Cod~ & Standard~ or the full Ptanning Cornm~ion. cc: file .q ~,', i,I '" ~ PARK Wt~$T I~$F. ARCH C'[NI£R ROAD PUBLIC WORKS GARAGE 411 Ilass i.akc Yacalll (^ (' ('ailsoil) Road (_'hippewa Graphics Road Darfyl Brinkcr Proleclive Surfacing Insly Prinl *[win C_ilies Tcmp II¢lp Twin Cilies Accouslics 17111 ?i747 Iniemalional Parkway 571)1 Independenl Mclals 5717 Foy's Pigeon Supply 5747 Sir Speedy 5651 C'uslom Glass 5661 Palani Construction Advance Roofing 56'/I PEM Millwork 56~6 latenmional Pmkwiw SnapOn Tools GS Graphics 117OO-!1714 £. Research Cemer Rd. 8700 Aulo, malion Engineering 8710 Cryslal Mfg. 8714 Rapid Ilealing & AC 5~X) Grizzley Gear 56(H Midwesl Container Syslems 56()8 Winger Associates :5612 Nucom Lid. 5620 ltossert Industrial Supply .%40 I Potato 2 U R B A P L A N N G . DES N M A R K R E S E A R C H PLANNENG REPORT TO: FROM: DATE: RE: FILE NO: Kirk McDonald Dan Licht/Alan Brixius 23 August 1994 New Hope - I-1 Furniture and Appliance Sales 131.00 - 94.05 SUMS{ARY A.C. Carlson, a'furniture and appliance retailer and long term New Hope business, has outgrown its current facilities at Bass Lake Road. A.C. Carlson is seeking to relocate, preferably in New Hope to maintain its established customer base. To this end, a potential site has been located. It is a 1.3 acre lot located at the intersection of Bass Lake Road and Gettysburg Avenue, approximately 6 blocks from A.C. Carlson's present location. The property is identified for use as an office/warehouse in the City's 1989 Vacant Land Study. The property is located along the periphery of an I-1 District. This zoning district does not especially address the use proposed by A.C. Carlson. However, A.C. Carlson's operation is similar in character to light industrial uses and is similar to existing uses in the area. Attached for reference: Exhibit A - Site Location Exhibit B - Proposed Site Exhibit C - Concept Plan Exhibit D - Current Site Exhibit E - Neighboring Uses The City must determine if a relocation of A.C. Carlson would be a compatible use and a good utilization of the site. If the City determines that A.C. Carlson would be a good fit for the site, there are several options for accommodating the relocation that could be pursued. These options are as follows: 5775 Wayzata Blvd.- Suite 555. St. Louis Park, MN 55416. (612) 595-9636. Fax. 595-9837 o Add furniture and appliance retail sales as a permitted use by defining "building materials" to include furniture and appliances. Amend the Zoning Ordinance to allow furniture and appliance sales as a conditional use in an I-1 Zoning District. Rezone the property or general area B-4, Community Business District. Our office suggests that these options be discussed at the next meeting of the Codes and Standards Committee where these options may be thoroughly explored and reviewed for determining the most appropriate course of action to pursue. ISSUES ANALYSIS S.R. Harris Build,n=. The S.R. Harris case provides an example of an undesirable use that could develop if the City does not proceed with caution. The S.R. Harris building was a multiple occupancy building located in an industrial district. The site became over- utilized as a result of occupancy of a retail operation. There was not enough off-street parking to accommodate the traffic generated. An on-street parking situation resulted, increasing traffic and congestion within the district. If the City determines A.C. Carlson is a good fit for the proposed site, it will want to proceed with care to limit exposure to creating an undesirable situation such as S.R. Harris. In order to limit this exposure, the City will need to maintain control and authority over location and lot/building performance standards. Use Characteristics. In deciding on whether to accou~odate A.C. Carlson, the City should consider the characteristics associated with A.C. Carlson's operation. A.C. Carlson's operation involves a large showroom/warehouse for displaying products for site and a significant amount of car and truck traffic. A.C. Carlson's building use characteristics, large building, shipping and receiving by large trucks, appear quite similar with those of a light industrial use. Site Char&e~s~cs. The proposed relocation site is currently zoned I-1, where furniture and appliance retail sales are not an allowed use. The site is currently vacant and was identified in the City's 1989 Vacant Land Study. There has been little interest in developing this property. 2 Assuming a 40 percent coverage factor, the 1.3 acre size could accommodate a 22,000 square foot building. The 1989 Vacant Land Study envisioned a 6,000 square foot office/warehouse building. The site has excellent visibility and accessibility due to its location at the intersection of Bass Lake Road and Gettysburg Avenue. The site would be an ideal location for a retail operation needing a large building because of the combination of lot size, visibility, and accessibility. Zoninq. As mentioned previously, the site is zoned I-l, Light Industrial, where furniture and appliance retail is not an allowed use. However, A.C. Carlson's operations are similar to those allowed as permitted or conditional uses within the district. Building materials sales are a permitted use within the district. This category includes businesses such as Knox or Menard's, where products range from raw lumber to finished products. The printing operations located to the east and west of the proposed site appear to have commercial retail sales associated with their operation. The printing operations are a permitted use within the I-1 District and also a B-4 District. OD~ions to Accommodate. If the City determines that A.C. Carlson offers an appropriate use and good utilization of the site, there are three options to pursue to accommodate the relocation. Each of these options involves changes to the Zoning Ordinance as it now exists. These options are as follows: Add furniture and appliance sales as a permitted use by defining "building materials" to include furniture and appliances. The benefits of this option include the accommodation of A.C. Carlson's relocation and also the possibility of similar uses entering the area. Negatives associated with this option focus on the potential creation of an undesirable situation, as similar operations could locate anywhere within an I-1 District without restriction. As demonstrated by the S.R. Harris case, retail operations are not always compatible with industrial uses. Amend the Zoning Ordinance to allow furniture and appliance retail sales as a conditional use in the I-1 Zoning District. The benefits associated with this option are the accommodation of A.C. Carlson's relocation and the City's limited exposure to an undesirable situation through control over location and building/lot performance standards. Such controls might include limiting access to points along a collector street. ~Drawbacksmay include facilitating increased retail operations within an I-1 District. Rezone the 9rogerty District· or general area B-4, Community Business The benefits of this option are the accommodation of A.C. Car!son's relocation, the creation of a more appropriate district for A.C. Carlson and existing similar uses and the limited potential for an undesirable situation through the application of B-4 performance standards. In reviewing this option, the City may want to consider including the printing operation east of the proposed site, as they are permitted use within the B-4 District. Each of these options offers unique benefits and drawbacks. Our office believes that each of these options should be fully explored at the next Codes and Standards meeting. Through review and discussion, the City will be able to determine the most appropriate course of action. CONCLUSION The determination of whether A.C. Carlson is an appropriate use for the vacant site is a policy matter to be decided by City Officials. Based on the limited size, good accessibility, and visibility and general compatibility of A.C. Carlson's operations with existing uses near the site, our office believes that the City should consider A.C. Carlson a good fit. In order to accommodate A.C. Carlson's relocation, our office suggests pursuing one of the three options outlined in this report. pc: Doug Sandstad Dan Donahue aK wc?o~'Y II'ARK R.4 R.4 R'4 C~NT~i~ Jii NI4lN WI #IIE'I'IGi SCNQOI. 1 R.4 SUlt#Y mo( ,1 &,111 POP 1~ tn~enel~y, ri~e~l or servlce ou~Ie~e ~c~ ~eol ~ir~ccly ~ee~den~tal Otl~rict: (I) Loll Intinitvl UIm OtmtrtG~. All Limt~41NetghOor~ocKl 8ulineee Otl~rlct. (2) OGGU~IAGtIeo (3) F~d. qrocery lt~arlllfld SuDermerkete Drovtdtn$~e uae doer not exceed 21,~00 IQuIrt feet of floor SDIGi. (Code O?2eld) (4) L]IetM I-4 ul~, A11 "8-4' ulee th&t* ere not &l~ertlk(l). (Code 07il#, Ord. NO. 92-13) ce) (Ord. NO. 4.113 (~) §rtve-~ll~ I;.~A}, Of~ l~drtve-uOeefvtce -tndo~lfof Cederel ~d "M'~<~) "~'. - . (a) 4-6t 4.].3 4.1.31. · CCMRb.'NITY BUSINESB DISTRICT region. 4.L32 Permi::ed Usest B-4. The following are permitte4 uses in a "a-4" (1) Less Zntens£ve Usa Districts. All perm£tted uses in "B-i" and "$- (3) Ar:/School Supplieer Book, Office Suppliesr S~ationer~ Stores (5) Candyr zee Cream~ Zce M£1k, Popcorfl~ ~utsr Frozen Oesserts~ Packaged (6) Carpetr auqe and T~le and Other Floor Coverin~s (7) Coin and P,£iete~£c Stores (8) C~mmerc~al end proffess~on&l Offices (9) Copy and Pr~flt~n~ Service (10) Costume and Clothes Rental (Il Office gqu£pment S~ores *(12,~ Enclosed Boac and M&r~ne Bales *(13) Dry Cleaflifl~ Iflc~ud~fl~ P~aflt Accessor~ heretoforer Press£fl~ &nd Re~&£r£nq · I (14 Dru~ SCore (16) ~(17) *(19) (20) (21) ao~b~ S~ore (22) Insurance (23) (24) ~ea~ Ho~ ~nc~ud: (28) *(29) (30) (32) (33) (34) (35) (37) Furn£ture s~ores Fu~rLe£u when c~nouctod ofll~ for Retail Trader on Prem£ses Garden ~ovelt~ SCore! I( I I I I ( 43 ) I (4OS ir sis I (44) (4S) ~ I S~oFIs (46) C47) He--are S~OreS m 4.133 permitted Accessory Uses, B-4. uses I Bales and Such O££iceo ~ree lit eaCur~ ~c~er Ftnanc~&l ~nst~u~ons L1 Hi=uFa Ln To~ally Enclosed 4-70 072684 4.LdL ?ur:ssa. The purpose of :ne "l-l" Lim::ed :ndus:r:al Ois:ric: is 9roy:re for :ne es:aOi:shmen: of :ndus:rlai development in a well planned, residentially compatible setting. 4.142 ?erm:c:ed Uses, The following are permi::ed uses in an 4.143 4.144 ].) 2) 3) 4) 5) 6) 7) (8) (9) C1O) (ll) (12) (13) (14) Radio and Television Antenna Farm Trade School warehouses Essential Services Governmental and Public Utility Buildings and Struc:ure~ au~Ldin~ Materials Sales and Stora~- Engraving, er~ntLnq and Publishing Medicalr Dental and O~tical Laboracorie~ Wholesale Business Maflufacturifl~ etc. The manufacturing, compounding, assembly, packaging, processing, treatment or storage of products and mater~als. Cable ~V Limited scope production studio for franchised Cable TV company aLlo~ing fo= production o~ cm~i:y o=iefl~ ca~e television prog=a~flg produced by and ~or m~=s sE t~e c~e cable sysc~ serving ofl~ H~ Hope and o~het ~Mt c~:~es o~ sha~l require a~l an~ennle ~nfo~ to height ~im~ts o~ Section 4.03S. A~i:iona~ antenna height ~y ~ ~i~C~ by Conditional Use Permi~ pursu~c co ~AoIo ptoc~urel SeC fetch and regulated by S~tion 4.20. No~witnstandiflg S~iofl 4.20, ,o Ccflditiofla~ caere is a ~indiflg ~ac the addiciona~ height is tecAflica~y necessary Co serve CAe N~ Hope area and thac this additional height will nave no adverse ef~ecc on c~e area so,rounding cna studio. COrd., 82-7) allowed z~ I~e "B-4" District. eo~ablishments. Cafeterias, restaerants, c~g&r and candy snack ears and similar uses, provided seen uses are ~or CAe ese o£ employees in cna i~lace area. set forcA tn and regulated by Section 4,20 and caaplienee with 4.033 C3), Screening, 4.033 CS) Shielding of LAgers). condztAon&~ accessory use provided &-73 07268~ ! ! I I I I I i I I I I (~) 4.~33 (3). dos=. (2) (4) sale and ran=al as an accessory use grey,dad =~a~: (a) Ares ~£mi=. Accessory ou=s£de serv£ce, sales and e~u~meflc ~ercen= of cae gross ~loor area o~ c~e pr~nc£~al use. Screened ~rcm Res~den:£al. Outside sales areas are fenced or screened ~rom v~ew of neig~Uor~flg res~den=La~ uses. dus=. Planned UnLc Oeveloomen~, ~nduscr~al. ~ndus=r~al p~anned development as regulated ~y Section 4.~9 of C~As Code. Schoo~s~ Spec~al=~. Schools suc~ as gymnasc£c crainAng wn£c~ require bu~ld~ng design features (height, clear span roof, eec.) typically ~oufld La Lnduacr~al buildings exclusively, provided Char: Hours. School may operace only between cae hours of 6:00 a.a. co lO,O0 p.a. da~ly. (b) Schedullnt of Special Events. All special events (exhibitions, eec.) musc ~e scheduled on fl~gnc, weekend or ho~day ~nea so as co eliminate coati,cc wtc~ daAly work ~ra~Ac and para,nv dmeand. (c) Code CcmD~Aance. Compliance w£Ch C~Cy and SCare ~ife and sa£ecy codes. (S) Schoolsr TraAnAn~. Tra~nAng Schools, pcovAded chacz i (&) PrAncAoeX Use. I (b) I I I (c) The school As operated as an adjunct of chi uae ~o provide craAn~ng for the consumer, dAacrLbu~or, or ~na~aller of ~he pr~ucc, process or service M~d, dAs~r~c~ or Mnu{accur~ ~de~ the Code. CcmplAance. Proof o~ complAaace vi~h CLOy and S~aCe IA~e and oa£ecy codes ~s clearly shown. Park/hq. Adequate on-sA~e perkAng Lo provLded so chaC no e~da r~e ex,acing o~-screec p~rktng areas of the ~sAflesa as a =eeu~C o~ ~e ope=ac~on o~ the sch~L. &-7& 072'684 (6) Retail Salesr Limited. Retail sales of products manufactured or processeO on the site. (a) Area. All sales are conducted in a clearly defined space meec:ng all requirements for retail sales. Access. The building where such use is Located i$ one na~:ng access to at leas: a collector Level street, w~thout the necessity of us:rig res:den:~al streets. (c) Hour.___~s. Hours of opera:ion are limited to 8:00 a.m. to 9:00 p.m. ( 7 ) Restaurants. C (8) (9) Motel. provided tha~: (a) Access. The site o~ the PrOL~Oaed use has direct access to an a~teriel street as de~ined iA CAe City Code, without utilizing public streets o! a lower tree,lc handling classi~£cation to reach the arterial street, and (b) ~oxim~t~ to Residential. The outside perimeter se CAe s~te, as legally described is, 500 feet or more from :he boundary o£ a residential zoning c~asai~ication, or (c) C~mpatihl~lty. ?he architectural appearance and functional plan of cae ~uilding end s~te shal~ not be so dissimilsr :o the existing buildings or area as to cause impairment in property values or constitute a bl£ghting ifl£1uence. ~rom view of residential districts and shall be curbed with continuous concrete curbs aec less than six inches high above ~Ae per,Ass lot or driveway grade, at cae c~r~ lane. (e) Access. Vehicular access points shall be limited and ~ed and constructed to create a minimumo£ conflict with tarongA ~ra£~ic movement. (fl Ll~tine Shielded. AIl lighting shell be hooded and so dAre. ted cae: cae light source is floc visible ~rom cae right-of-way or ~rom a residential zone or use. (g) Surfacinq~ The entire area other than that occupied by bu~ldings~ structures or plantings shell be surfaced with a bituminous or concrete materiel which viii control dust and drainage. The material and grading shal~ be zub~ec~ to the approval of cae City. (h) Z.undseaping. ~andacaping shall be provided and the type o~ pAent~ng material and cae number and size of plants shall be sub~e~C to cae approval o~ the City. &-75 072684 THE KEEPING OF ANIMALS AND BIRDS. IN RESIDENTIAL ZONING DISTRICTS November gO, 1994 Com~cK & SO~U~L~, P,A, A~'roRNEy~ AT Ed/nburgh Execut/vc Office Pl~ 5525 Ed~brook Crossing Suite 8203 ~r~kl~ P~k. Mi~neso~ 55.t43 ~LEP~NE (612) ~1 LAVONNE [KESK[ Kirk McDonald Management ASsr, City of New Hope 4401Xylon Avenue North New Hope; MN 55428 RE: Amended Animal Ordinance No. 94-18 Our File No- 99.49418 Dear Kirk: Please find enclosed an amended Ordinance No. 94-1R including the changes we discussed at the November 28 Codes and Standards meeting, Specifically, section 2 of the Ordinance dealing with wild animals has been changed to include the City Planner's 20 pound weight restr'ict~on requirement. That provision also requires wild animals to be licensed and registered with the City ~n the same fashion as dogs. Section 3 of the Ordinance was modified to exempt licensed veterinarian~, pet stores and research laboratories that keep and maintain animals for legitimate commercial purposes. Also, I want to correct a typo in my october 31, 1994 letter dealing with this Ordinance. On page 2 of said letter I indicate that no person can have more than 4 dogs or 4 cats over six months old. That is incorrect. The legal maximum under our ordinance is 3 dogs and cats rather than 4, Contact me if you have any questions regarding the language of this amended Ordinance. Very truly yours, S~'. 8ondral 1 slw Enclosure cc: Valerie Leone (w/eric) A1 arixius (w/eric) ORDINANCE NO, 94-18 AN ORDINANCE AMENDING THE NEW HOPE ZONING CODE REGULATING THE KEEPING OF ANIMALS WITHIN THE CITY The City Courlci] of the City of New Hope ordains: Section 1. The following sections of the New Hope City Code &re hereby deleted and repealed in their entirety: 7.06 7.061 7.062 7.07 /,071 7.072 7,073 7,074 7-075 7.076 7.050 9.117 9.110 Animals Running at Large Prohibition o¢ Animal~ Running at L~rge Herding of Animals Regulation of Keeping Wild Animals Running at Large Sanitation Permits Public Nuisance Certain Animals Exempt Existin9 Code Provisions Unlawfut Acts Horses on Public Streets Minimum Area ~or Maintaining Animals and Birds Seotion 2, Sections 7,06 "Limitations on Keeui.~g of Animals" through 7,066 of the New Hope City Cod~ are hereby added to read fOllOWS: 7.0~ Limitations on Keeping o[..Animals. %[_is hereby declared to be a public nuisance and unlawful to allow, per, it, keep, maintain, ride, herd, drive or harbor animals withi~ the City, in violation o¢ ~he fo~lowing_re~u~atipns: 7.061 Do_c.g.. F__o..wr or .m.,,qre do_qs, over stx months Old, to limit of ten do.q.s ,i~cludinQ__ouooie.~ under, ~ix montb.s old. unless a kennel license is obtained. 7.062 7.0~3 cats, Four or more ca~s over...$ix monthsQ].d, to,,a _]]..mit of .t_e. tl ....... c.....ats ..including kittens under six month~ old, unle_ss a kennel license i~ obta'ine~d_=., FOWl. ¢.hickens .... ducks. ~eese, pheasan~., turke~ or other ¢ome~tic, agricultural or wild fow~ if the minimu~ 3or_ area where the animals are kept does not exceed ~4,450_,~quare feet and then no mor~.than six ~.imal.,~ are' permitted. 7.064 7.065 7.066 Wild Animals. Live wit. d animal~ except.household ebts not ~xc~edin 20 ounds confined to a Ca within a dwe!.]inO. All wl]d anima]s kept DeE this section shall be_ lipe~sed~ registered, vaccinat'~-~ Ccd tagged in accordance with. the ~aae regulations for dogs j.p §§7.O21 and 7.0Z2 of this Code,_ Hoofed .~nima],A, AnY .horses, cows, sheep, goats± pi98 oE an¥.9thef' hoofed animals with the exception of one pot-bel]ied_.p~e. 6ny combination of animals and/or fowl of any age .kept in ~uch numbers or under conditions wh. lcK ~nrea~onab]y annoy, iniur¢, or....endanger the hea]t,h, s_a..fety_, comfort, repose or welfare of the public nr of said animals or fo. wl. Section 3. Sections t.O7 "EXe~Dt Anima]~" through 7,074 of the New Hope C~ty Code ~R hereby added to read as fo]low~- 7 07 Exempt Animals. %~e p~ov~sions of th~s code shal] not ap~ to tbs following o~rcum~tance~. 7.071 Owners or possessors of wild, animals where such animals ar~ exhibited in the City for the education and entertai.nment of the public Dy a, perso~ authorized by either Federal ]aw or Minnesota Statute ~97A._041 8rovid.ed the fol.3ow~n~ conditions are met: The arrivals are not permanently shelt, ered~ kept or maintained in the City_; 'lh¢___anim~ls...~re keot as part of a show or used. ~n a parade that is licensed by th~ City, 0E the animals ere kept in an animal hospital or clinic for treatment .by ~ licensed veterinarian 7.072 7,073 Li6.e..r.'~ed ve[erin~rians treat, in~ animals in an _anima. J~.pr clinic lawfully located in a -z..pninR_dio,t. rict _b.y condit~un~t~ use. Pet stores law..f__u_~}y._ located in the 8-4 zonin~ .dj st r i,qt.~_._ 7.074. Research laboratories lawfully located in the I-1 zoning district keepin~ ~,nd maintaining animajs foe research puEposes on conditio~ that all approDriat~ federal, ~tate and local licenses and permit~ to conduct said research h~ve Deen oDta~ned, all federal, State and local rQqulat.ion$ governing th~ keepiog and maintenance ,, of ~id ani~l~ a,ro ~omplied with and lhat the anim&l~ are maintaineQ in a totally e~],osed facility constructed to comply with the noise regulations of this Code. Seclion 4. Effective Date. This Ordinance ~hall be effective upon its pam~age and publication. Dated the dsy of , 1994. Edw. J. Erick~on, Mayor Attest' Valerie Leono, City Clerk (Published in the New Hope-Golden Valley Sun-Post the day of U R B P L A N G DE S I G N M A R K E T R E S E A R C H MEMORANDUM TO: Kirk McDonald FROM: Cary Teague/Alan Brixius DATE: 22 November 1994 Now Hope - Poultry FILE NO: 131.00- 94.06 Per your request, our office has reviewed the draft of the ordinance regulating the keeping of animals within the City. The proposed ordinance is much easier to read and understand than the existing code. The following highlight the proposed amendment: · The ordinance maintains the existing standards for the keeping of dogs and cats. The ordinance prohibits the keeping of "fowl", unless the lot area where the animals are kept is at least 54,450 square feet in size. The ordinance includes a provision that prohibits the combination of animals and/or fowl kept under conditions that constitute a nuisance, or endanger the health safety, comfort, or welfare of the public or the animals or fowl. Hoofed animals are prohibited from the City, with the exception of pot-bellied pigs. Wild animals are prohibited except as household pets confined to a cage within a dwelling. The only question raised with the proposed ordinance is the issue of allowing a wild animal when maintained an a household pet and confined to a cage within a dwelling. The proposed ordinance does not list conditions associated with the keeping of wild animals. The existing ordinance does provide regulations regarding the keeping of wild animals, however, these regulations are being repealed by the draft ordinance. 5775 Wayzata Blvd.-Suite 555. St. Louis Park, MN 55416. (612) 595-9636-Fax. 595-9837 STEVEN A SONDRALL M~CHAEL R. L~FLEUR MARTIN P MALECHA WILLIAM C. STRAIT Com~Ic~ & SOnDe, At, t,, P.A. A~ro~.~E¥$ Ar L^w Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite ~203 Brooklyn Park, Minneso~ 55443 TELEPHONE {612) 425-5671 FAX (612) 42~5867 October 31, 1994 Kirk McDonald Management Asst. City of New Hope 440t Xylon Avenue North New Hope, MN 55428 RE: Proposed Ordinance Revising City Animal Regulations Our File No: 99.49418 Dear Kirk: Please find enclosed proposed Ordinance 94-18 revising the City's animal regulations. The Ordinance is in response to the direction of the Codes and Standards Committee to clean up and update the existing regulations. Basically, I have attempted to streamline and simplify the existing regulations. I concluded that a number of our code sections were redundant or no longer applicable. This is the reason for deleting and repealing those regulations in section 1 of the Ordinance. I will attempt to explain the rationale behind the proposed Ordinance in the remainder of this letter. Two sections of the animal regulations are found in Chapter 9 of the Code combined with other regulations dealing with litter: specifically sections 9.117 "Horses on Public Streets" and 9.118 "Minimum Area for Maintaining Animals or Birds". This made no sense to me and as a result these sections should be deleted from Chapter 9 and moved to Chapter 7 dealing specifically with animal regulations. Code sections 7.06 "Animals Running at Large" and 7.07 "Regulation of Keeping Wild Animals" seem unnecessary and repealed as a result in the proposed Ordinance. The "Animals Running at Large" regulations are already covered by Code sections 7.023 "Nuisances and Running at Large" and 7.026 "Confinement and Control" Therefore, sections 7.061 and 7.062 dealing essentially with the keeping and herding of farm animals is no longer necessary. Also, Mr. Kirk McDonald October 31, 1994 Page 2 the new section '7.06 of the proposed Ordinance placing limitations on the keeping of animals makes it a public nuisance and unlawful to allow the herding of animals anywhere within the City. I also find our existing Code section 7.07 "Regulation of Keeping Wild Animals" unnecessary. It is my understanding we would not allow any person to keep and maintain a wild animal within the City unless said animal could be contained in a cage within a dwelling. This circumstance has been provided for by the new Code section 7.084 of the proposed Ordinance. New section 7.07 of the proposed Ordinance deals with "Exempt Animals" Said section would allow an owner or exhibitor of wild animals licensed under federal law or Minnesota Statute §97A.041 to exhibit said animals in the City as part of a show or parade, or to obtain treatment for said animals by a licensed veterinarian within the City without violating our wild animal exclusion regulations. Finally, new section 7.06 of the proposed Ordinance copies the Brooklyn Center ordinance limiting the keeping of animals. It better clarifies the maximum number of dogs and cats that can be kept by any household and as a result existing section 7.050 was deleted. New Code section 7.06 incorporates the repealed sections of 7.050. Please keep in mind that no person can have more than four dogs or four cats over six months old. The. reference to the 10 dOg and 10 cat limit deals with the necessity of providing time for an animal owner to contend with or give away a litter of puppies or kittens produced by the family pet. In other words, an animal owner has six months to get rid of the "little rascals" to comply with the four animal over six month limit. I am not sure whether I have taken liberties with the direction of the Codes and Standards Committee to clean up the language of our existing ordinance. As a result, this proposed Ordinance probably needs more discussion. It does not change the square footage requirements for maintaining fowl on a parcel of property. Therefore, the pheasant owner percipitatin9 the review of these regulations will still be prohibited from keeping pheasants on his property. Mr. Kirk McDonald October 31, I994 Page 3 Please contact me if you have any questions. Very truly yours, Steven A. Sondrall slm3 Enclosure cc: Daniel J. Donahue (w/enc) Valerie Leone (w/enc) Jean Coone (w/enc) Doug Sandstad (w/enc) A1Brixius (w/enc) U R 8 A P L A N G D E S I G N M A R K E R E S E A R C H MEMOR,-~N'DL31 TO: FROM: DATE: RE: FILE NO: Kirk McDonald Dan Licht/Alan Brixius 28 September 1994 New Hope - Poultry 131.00 94.06 BACKGROUND The City has been receiving complaints about pheasants and quail being raised in a residential area. The property is located ac 8317 33rd Place in New Hope. The property is zoned R-1 and is approximately 11,620 square feet in area. The owner is maintaining cages and harborage for raising pheasants and quail as part of the State Wildlife Restoration Program. This use is not in compliance with the cUrrent Ordinance regulations. Therefore, our office was directed to review the current Ordinance to determine how to most appropriately deal with this issue. The Codes and Standards Co~c~ittee also reviewed this issue at their 22 September meeting with the following background information. ISSUES ANALYSIS New ~oD~ Or~~,, Based upon a review of the City Codes, there is no language which outright prohibits the keeping of pheasants or poultry within the City limits, provided the animals do not fall under one of the following categories: 7.023 (1) Nuisance Animals. Animals shall be maintained and handled in such a manner to prevent becoming a nuisance or threat to health and safety. 7.024 (4) Noisy Animals. No owner of an animal shall permit barking, howling, or other noises that disturb the peace and quiet of the neighborhood. 5775 Wayzata Blvd.' suite 555. st. Louis Park, MN 55416. (612) 595-9636-Fax. 595-9837 ~_~n~tion of ~zmaz= Running at Large No sba~ permit or allow his cantle, horses, mules, sheep, goats ~ swzne, or any poultry, turkeys, chickens, ducks, or no run at large whe5her attended or unattended, within the City upon either public or private property, except upon the lands cf the owner or lands of others from whom the right has been obtained, nor to be herded or pastured in or upon any stree5 .of the City, nor to be permitted to graze or feed in said streets nor to do damage to property. 7.062 Herding of Animals. The owner or person in charge of such animals, or poultry or any of them, shall not permit or suffer such animals or poultry or any of them while they are being driven onto the lands where they are to be herded as aforesaid, or while they are being so herded, to do any damage to property belonging to another, contrary to the provisions. of this section. 9.118 Minimum Area for Maintaining Animals or Birds. No person shall keep or maintain any horse, cow, goat, mink, fox, chicken, turkey (or any other fowl), except in conformity with the minimum lot or parcel area limitation specified below: One Animal or Six Fowl or Birds. For the first of any such animal, or the first six of such fowl or bird, a minimum lot area of not less than 54,450 square feet. Additional Animals, Birds or Fowl· For each additional such animal or bird or fowl, not less than 10,890 square feet. 9.421 (9) Animals. No owner or person in charge of an animal shall permit any animal to disturb the comfort or repose of persons in the City by its frequent or continued noise. Under Section 9.118 referring to Trash and Waste, the minimum lot size for maintaining fowl is 54,450. The property where the pheasants and quail are being raised is approximately 11,620 square feet and thus not in compliance with Ordinance standards. This City Code provision currently prevents the keeping of animals or fowl from being raised on urban sized lots. Npuative v~.~s. New Hope is a fully developed urban city. The City's minimum single family lot size is 9,500 square feet of area and 75 foot widths. With its existing development pattern, animal husbandry on an urban lot raises concern over land use compatibility. 2 !n5e~iews wi5h U cf M College of_=~a=~'~,~= ........ Poul-~k~y Depar5men~ personnel indicated that the primary negative impacts resui5~n~ from havi .... ''~ ' ..g ~o~z~y animals kep~ zn an urban sized io~ would noise and cdcr and sanitation. U of M personnel indicated tha5 an enclosed structure with proper z_n~ilazicn systems and manure disposal procedures would helm alleviate zhese impacts. However, these measures would ccmulezeiv eliminate the noise and odor. Space Requirements. University of Minnesota personnel indicaned that space requirements for poultry birds kept in a coop are typically as follows: Birds Up to 8 Weeks Old: Birds 8 Weeks or Older: 1 square feet per bird 4 square feet per bird Ordinance Survey Our office has conducted a survey of surrounding communities to provide insight as to how they deal with raising animals within their boundaries. Brooklyn Center Ordin~n~9. The City of Brooklyn Center defines the keeping of fowl as a public nuisance and therefore strictly prohibits that use. The Brooklyn Center ordinance is as follows: Section 19-104. LIMITATIONS ON KEEPING OF ANIMALS. It is hereby declared to be a public nuisance to permit, maintain or harbor any of the following: Three or more dogs, six months old or older, unless a kennel license is obtained. Four or more cats six months old or older, unless a kennel license is obtained. 3. Chickens and other domestic fowl. Live wild animals not native to Minnesota, except household pets confined to a cage within a dwelling. Live wild animals native to Minnesota which in their wild state pose a threat to humans or domestic animals, including but not limited to, wolves, bear, cougar, lynx and bobcat. Any combination of animals and/or fowl of any age kept in such numbers or under conditions which unreasonably annoy, injure, or endanger the health, safety, comfort, repcse cr welfare cf the public or cf said an~ .... .... als Champlin Ordinance. Champiin recently amended their ordinance include ,~= fsl'~ ~ ...... w~..g provision: 8 -412 Keeping of Animals. No person shall keep harbor, or maintain care, custody, or control over any horse, ccw, sheep, pig, goat, or any other hoofed animal, chicken, duck, goose, or other agricultural animal or fowl any place in the City. This section shall not prohibit the keeping of such animals in a stable that complies with the zoning code. The maximum number shall not exceed one animal per one acre of land. This ordinance specifies the space requirements and densities allowed for keeping non-domestic animals. Cr~tal Ordinance. The ordinance from the Crystal City Code, included below, strictly prohibits the keeping of animals other than domestic pets in residential zones. 910.39. Zoning Re_=ulations. It is unlawful to keep or harbor an animal or fowl, except dogs, cats and other similar household pets, within any district of the City zoned residential unless the activity was being carried on continuously within that residential district since March 3, 1959, in which case the activity may not be expanded or enlarged after that date, nor transferred with title to property or with change in occupant. G91d~nVallevOrd~nance. The Golden Valley ordinance prohibits the keeping of all animals other than dogs, cats, hamsters, gerbils, and caged household birds. The Golden Valley ordinance is included below: Section 10.32, Subd. 1.(B). Animals. Includes farm animals and all other animals, reptiles and feathered birds or fowl except dogs, cats, gerbils, hamsters and caged household birds. Subd. 2. Keeping. It is unlawful for any person to keep or harbor any animal, not in transit, except (1) animals kept'as part of a show licensed under the City Code, or (2) animals used in a parade for which a permit has been issued, or (3) animals kept in a laboratory for scientific or experimental purposes, or (4) animals kept in an animal hospital or clinic for treatment by a licensed veterinarian. Plymouth Ordinance. The Cisy cf P!ymcush allows pouiury us he raised only in 5he R-i and Future RestricTed Development Disuricu ,FRD! . The use is by CUP in the R-iA Distric5 and an alicwed use in ~he FRD 2is5ricT. The minimum lot size in each district is acre . Robbinsdale Ordinance. The Robbinsdale ordinance specifies That domestic animals such as poultry or fowl may be kept within uhe City by annually renewable permit. The ordinance stipulates tham the birds must be at least caged, except for exercise purposes. However, the number of birds is limited to two birds. The ordinance is as follows: 915.13. Domestic Animals. Subdivision 1. General Rule. it is unlawful to keep or maintain roosters, bees or a horse, cow, pony, mule, donkey, pig, goat, sheep, or other large domesticated animals, other than a dog, without first having obtained a permit therefor. It is unlawful to keep or maintain more than two chickens, ducks, geese, turkeys, pigeons, rabbits, chinchillas, minks, nutrias, or guinea pigs without first having obtained a permit therefor. All of the aforementioned are hereinafter referred to as "animals" 915.15. Non-Domestic Animals. Subdivision 1. G~neral Rule. It is unlawful to keep or maintain a non-domesticated animal which could pose a threat of injury to persons or damage to property without first having obtained a permit therefor. Draft Animal Ord~nan~9. In consideration of allowing poultry to be raised under specific conditions within the City, the Animal Control Officer has developed a draft animal ordinance. This draft ordinance specifically addresses the keeping of poultry within the City. The ordinance provides for the issuance of a permit through an administrative process. The term of the permi~ is listed as being for one year. Overall, this draft ordinance is similar to the existing animal control ordinance except that the draft ordinance specifically addresses poultry/fowl. The sections dealing with poultry are listed below. Animal - Non-Domestic, Animals normally kept outside of the home for the purpose of food or pleasure, such as cattle, hogs, sheep, horses, bees, goats, birds such as fowl, pigeons, falcons and similar animals. Standards for a Permit to Keep Fowl or Pi=eons. No coop/cage shall be within twenty-five (25) feet of any inhabited dwelling. 5 All coops/cages shall be maintained in a clean sanitary condition and kept in good repair, including the removal and disposal of all waste weekly or more often as required to keep the area(s) in a sanitary and odor-free condition. o Each coop/cage shall have at least two (2) square feeu of floor space for each mature fowl or pigeon kep~ therein. All fowl and pigeons shall be fed within the confines of their coop/cage and all feed for these birds shall be stored in such manner as to protect against infestation of rodents and other vermin. Ail pigeons shall be confined to the coop/cage except for limited periods necessary for exercise, training and competition. No fowl or pigeons shall perch or linger on the buildings or property of others. Go Revocation of Permit. Any.violation of any provisions of this section, or any condition or limitations of the permit issued hereunder shall constitute grounds for revocation of a permit issued hereunder· If the keeping of poultry/fowl is to be allowed within the City, our office reco~Lends regulating the keeping of poultry and fowl as an accessory use/building in addition to the standards listed above. As such, the keeping of the following standards of Section 4.032, Accessory Building Uses and Structures, would apply: 1. Must be located in rear yard. 2. Fifteen foot height maximum. 3. Not established within drainage or utility easements. Setbacks. Accessory buildings must be set back five feet from all property lines. In ad~ition, our office believes that this accessory use should not exceed 144 square feet of space. 6 CONCLUSION In reviewing 5his issue, the Codes and Standards Com~i~see considered the qeneral urban character of the City, and the minimum lot size cf 9,500 square feet and minimum width of 75 feez for lots located within an R-i District. Based upon those considerations, the Codes and Standards Committee found that any introduczicn cf animal husbandry into a residential distric~ is not a compatible or desirable use. Concerns with noise, odor and public sanitation associated with the raising of poultry or fowl all raise issues. Therefore, the Codes and Standards Committee recommended that the City maintain and clarify the existing ordinance~ Our office believes that this issue is a Codes and Standards matter, not a zoning matter, as the City does not regulate where dogs and cats are located. Therefore, our office suggests three options to resolve this issue. These options are as follows: 1. Outright prohibit the keeping of poultry within the City. Maintain the existing ordinance, but clarify how the ordinance applies to poultry/fowl. Adopt an ordinance which makes the keeping of poultry an allowable use by renewable permit, similar to the ordinance developed by the Animal Control Officer· If such an ordinance is considered, our office recommends that the ordinance be easy to enforce, yet strict enough to prevent the illegal activity which currently exists. Our office also recommends that accessory use setback standards be included to reduce the negative impacts on neighboring property. 7 KEEPENG OF PHEASANTS SURROL~'NDING AREA ORDENANCES NEW HOPE Minimum lot area of not less than 54,450 square feet for 6 fowl or bird. BLOOMENGTON Temporary CUP - no minimum lot area required. BROOKLYN Not allowed. CENTER BROOKLYN Need proof of an exhibitor's license issued by U.S.D.A. &/or PARK Commissioner of Natural Resources, one animal unit = 100 fowl, minimum lot size 5 acres & maximum of 1 animal unit per acre. CHAMPLIN Not allowed. CRYSTAL Not allowed, unless activity has been carried on since before March 3, 1959. GOLDEN Not allowed. VALLEY LAKEV1LLE Allowed by CUP MAPLE GROVE Allowed with minimum 1 acre land area - amount of poultry/ fowl/birds determined by size of bird and square footage. OSTEGO Miiaimum lot size for farm animals is 2.5 acres, and maximum density per acre is: turkeys/ducks/geese - 20/acre; chickens - 50 per acre. These can only be exceeded by CUP. PLYMOUTIt Allowed by CUP in two low-density residential zoning districts. ROBBINSDALE Allowed with permit issued by City Council. ST. LOUIS PARK Not allowed if for commercial purposes. KEEPEN'G OF PHEAS,~N'TS SkRROL,-N'DLN'G AREA ORDL-NANCES NEW HOPE BLOOMINGTON There is no language in the City. Code which outright prohibits the keeping. pheasants or poultry, within the City. limits, provided the animals do not under one of the following categories: 7.023(I) Nuisance Animals. Animals shall be maintained and handled in suck a manner to prevent becoming nuisance or threat to health and safer,,'. 7.024(4) Noisy Animals. No owner of an animal shall permit barking, howling, or other noises that disturb the peace and quiet of the neighborhood. 7.061 Prohibition of Animals Running at Large. No person shall permit or allow his cattle, horses, mules, sheep, goats or swine, or any poultry., turkeys. chickens, ducks, or geese to nm at large whether attended or unattended, within the City upon either public or private property, except upon the lands of the owner or lands of others from whom the right has been obtained, nor to be herded or pastured in or upon any street of the City, nor to be permitted to graze or feed in said streets nor to do damage to property. 7.062 Herding of Animals. The owner or person in charge of such animals. or poultry or any of them, shall not permit or suffer such animals or poult~' or any of them while they are being driven onto the lands where they are to be herded as aforesaid, or while they are being so herded, to do any damage to property belonging to another, contrary to the provisions of this section. 9.421(9) Animals. No owner or person in charge of an animal shall permit any animal to disturb the comfort or repose of persons in the Ci~ by its frequent or continued noise. The ordinances do not distinguish between domestic and farm animals. The definition of wild animals does not include pheasants or poultry. Sec. 14.121.03 Prohibited Animals. No person shall keep, maintain or harbor within the City of Bloomington any of tile following animals. (a) (b) Any animal or species prohibited by Minnesota or Federal law. Any non-domesl~ted animal or species, including but not limited to the following: (1) Any skunk, whether captured inthe wild, domestically raised. descented or not descented, vaccinated against rabies or not BROOKLYN CENTER BROOKLYN PARK ~2) {3) (4) (5) (6) (7) (8) vaccinated against rabies. ,~-~y large cat of the family Felidae such as lions, truers leopards, cougars and ocelots, except corranonlv domesticated house cats. Any member of the family Canidae, such as wolves, coyotes, dingoes and jackals, except domesticated dots. Any crossbreed such as the crossbreeds between dozs and coyotes or dogs and wolves but does not include crossbred domesticated animals. Any poisonous pit viper such as a rattlesnake, coral snake, water moccasin or cobra. Any raccoon. Any ferret. Any other animal which is not listed explicitly above, but which can be reasonable del'meal by the terms in Section 14.121.02(a, of this Ordinance, including bears and badgers. Brooklyn Center defines the keeping of fowl as a public nuisance and r, herefore strictly prohibits that use. The ordinance is as follows: Section 19-104. Limitations on Keeping of Animals. It is hereby declared to be a public nuisance to permit, maintain or harbor any of the following: 3. 4. 5. Three or more dogs, six months old or older, unless a kennel license is obtained. Four or more cats, six months oM or older, unless a kennel license is obtained. Chickens and other domestic fowl. Live wild animals not native to Minnesota, except household pets collfined to a cage within a dwelling. Live wild animals native to Minnesota which in theft wild state pose a threat to humana or domestic animals, including but not limited to. wolves, bear, cougar, lynx and bobcat. Any combination of animals and/or fowl of any age kept in such numbers or under conditions which um'easonably annoy, injure, or endallger the health, safety, comfort, repose or welfare of the public or of said animals or fowl. The Brooklyn Park ordinance regarding non-domestic animals set requirements for minimum lot size and animal densities. The ordinance also specifies that the animals are not to be kept for breeding purposes. Section 366.03, Subd. b. (10). The keeping of non-domesticated animals with proof of an exhibitor's license issues by the U.S.D.A. and/or the Commissioner of Natural Resources pursuant to Minnesota Stamt~ Section 97A.041 provided the following conditions are met: CHAMPLIN CRYSTAL eo E,~ibition of said animals shall not occur on the same stte as animals are sheltered. The minimum lot size shall be 5 acres. There shall be a maximum of 1 animal unit per acre. Animal shelters and fence enclosures shall be adequate for the spec:r:.~ animal requested and shall be set back a minimum of 50 feet from dwellings other than that of the owner. Said animals shall not be kept for breeding purposes. Written proof of a veterinarian committing to the owner for thc provision of care to the animals and advice to the owner as to the care of the animals. Non-domesticated animals are animals that are not customarily kept for personal use or enjoyment within the home. Said animals shall be indigenous to the State of Minnesota. This section, however, shall not provide for the keeping of non-domesticated animals which pose a threat to humans or domestic animals, such as wolves, couga?s, bear, lynx. bobcat, skunks, fox, badger, and other dangerous animals as determmec~ by the City of Brooklyn Park's Environmental Health Division and Public Safety Officer. Appeals to decisions concerning the determination of what constitutes a dangerous animal shall be directed to the Board of Appeals and Adjustment. Said animals shall be licensed in accordance with Section 415. Champlin's recently amended ordinance is as follows: 8.412. Keeping of Animals. No person shall keep harbor, or maintain care, custody, or control over any horse, cow, sheep, pig, goat, or any other hoofed animal, chicken, duck. Izoose. or other a_miculmral animal or fowl any place in the Ci .ry. This section shall not prohibit the keeping of such animals in a stable that complies with the zoning code. The maximum number shall not exceed one animal per one acre of land. The ordinance from the Crystal City Code strictly prohibits the keeping ot animals other than domestic pets in residential zones. 910.39. Zoning Regulations. It ia unlawful to keep or harbor an animal or fowl, except dogs, cats and other simile household pets, within any district of the City zoned residential unless the activity was being carried on continuously within that residential district since March 3, 1959, in which case the activity may not be expanded or enlarged after that date, nor transferred with title to property or with change in occupant. GOLDEN VALLEY LAKEVILLE The Golden Valley ordinance prohibits the keeping of all ammals, dogs. cats. hamsters, gerbils, and caged household birds. Section 10.32. Subd. 1.(B). Animals. animals, reptiles and feathered birds hamsters and caged household birds. Includes farm animals and all oth=~ or fowl except dogs. cats. gerbiis. Subd. 2. Keeping. It is unlawful for any person to keep or harbor any anmnal. not in transit, except (I) animals kept as part of a show licensed under the C it,~ Code, or (2) animals used in a parade for which a permit has been issued, or (3) animals kept in a laboratory for scientific or experimental purposes, or (~.) animals kept in an animal hospital or clinic for treatment by a licensed veterinarian. The Lakeville ordinance, included for reference, regulates the keeping of animals and regulates the minimum lot sizes and zoning classifications fer allowing the keeping of farm animals. 20.1. Keeping Animals. The following animals may be kept in the City: 1) 2) 3) s) 6) 7) Domestic animals are an allow use in all zoning districts. Horses are an allowed use in all zoning districts provided: a) The minimum lot size is two and one-half (2-1/2) acres. b) The number of horses does not exceed one (1) per acre unless a higher number is granted by the issuance of a conditional use permit. Farm animals are an allowed use on all farm property. Farm animals may not be conf'med in a pen, feedlot or building within one hundred (100) feet of any residential dwelling not owned or leased by the farmer. Animals being kept as part of the MMm,~ta Zoological Garden's or St. Paul Como Zoo's docent programs are an allowed use in all zoning distri~. Before such ~ are allowed, however, the participant in the program must notify the City Clerk in writing of their participation in the program and identify the animal being kept. With the exception of~ allowed by 20.1(1), (2), (3), (4), no other animals are allowed except by conditional use permit. Animals may only be kept for commercial purposes ff authored in the zoning district where tbe animals are located. Animals may not be kept if th~ cause a nuisance or endanger the health or safety of the community. 20.2. Care of Animals. Animals kept within any zoning district shall be subject to the following requirements: 1) The size, number, species, facilities for and location of animals kept MAPLE GROVE 2) shall be maintained so as not to constitute a danger ~)r ,~ui~,aacc ~ means of odor. noise, or otherwise. The person caring for any animal(s) shall be of sufficient aze. knowledge and experience to adequately and safety care for and cont~-,:. the animal(s). Facilities for housing animal(s) shall be: a) Constructed of such material as is appropriate for the animal~ s) b) Maintained in good repair. c) Controlled as to temperature, ventilated and lighted compatible with the health and comfort of the animal(s). d) Of sufficient size to allow each animal to make normal postural and social adjustments with adequate freedom of movement. Inadequate space may be h'xticated by evidence of malnutrition. poor condition of debility, stress or abnormal behavior patterns, e) Cleaned as often as necessary to prevent contamination of the animal(s) contained therein and to minimize disease hazards and reduce odors. Animals shall be provided wholesome, palatable food and water free from animal(s) contained therein and to minimize disease hazards and reduce odors. Animals kept in pet shops or kennels shall be kept in accordance with regulations for pet shops and kennels in addition to the regulation provided by this ordinance, The following formula is used in Maple Grove to determine the maximum allowable animal unit value, excluding dogs and cats, for a specific acreage of land: MAXIMUM ANIMAL UNIT VALUE- NUMBER OF ACRES X 1.0 When added together the sum of the individual a~imal unit values shall not exceed the "Maximum Animal Unit Value" as determined by the above formula. Section 430.84, Subd. 2 (R-A District [10 acres or more]): Permim~d ~.nimal T_VI~ A~mm Ama um Values (~) Po~/FowFB~ F~i~ (of a s~ l~ger ~ ~ o~ pig~n) ~ ~ = l ~ (6) Po~/FowFB~ F~i~ (of a s~ of ~ o~ pig~n or s~ler) ~ ~ = .5 ~ (d) ~ addition m ~ m~a~ by ~~ ~ ~, ~1 keeping and ~~ of ~ ~ ~ R-A D~ct s~ co~o~ to ~e s~ relative to pm~r ~ ~ ~~e of mis as found ~ ~fion 430./87 ~ o~r ~~~ mt fo~ ~ ~ Ordi~ce. ~ ~ ~ ~minin~ of ~ ~ ~e R-A Dis~ct shall be accomplished in a nuisance-free manner in accordance Ordinance. Subd. 3. R-I District Regulations. The keeping or maintainine of animals ~ the R-I Zoning District. unless otherwise provided for in this O~dinance. shail be regulated by this Subdivision. (a) The following schedules establish four (4) categories, each relating r, a maximum acreage for the keeping and maintaining of animals in tlne R-1 Dismct. The schedules specify the "Permitted Animal Types" and "Animal Unit Values" assigned to each type. (b) Land acreage applied to these schedules shall consist of contiguous acres under one ownership. Under no circumstances shall an ammat population in the R-1 Zoning District exceed .50 animal units per acre. (c) Schedule for Section 430.84, Subcl. 3 (R-1 District): (1) Less than one (1)acre. The keeping ancl maintaining o f ammals on land located in the R-1 Zoning District, of one ownership, and of less than one (1) acre of contiguous land area shall be limited to the keeping and maintaining of only those animals which are commonly accepted as "traditional house pets" excluding dogs and cats, and which would normally be housed in the residence of its owner. (2) At least or~ (1) acre but less than 1.5 acres. Permitted Animal Tv~es (A) Poultry/Fowl/Bird Families (larger than ordinary pigeon) 6 Head = .5 um (B) Poultry/Fowl/Bird Families (smaller than ordinary pigeon) 12 ~ = 5 um (3) At least 1.5 acres, but less than two (2) acres. (C) Poultry/Fowl/Bird Families (larger than ordinary pigeon) 12 Head = .5 um (D) Poultry/Fowl/Bird Families (smaller than ordinary pigeon) 25 (4) At least two (2) acres or more. (E) Poultry/Fowl/Bird Families (larger than ordinary pigeon) 12 ~ = .5 um (F) Poultry/Fowl/Bird Families (smaller than ordinary pigeon) 25 430.84, Subd. 4 (e) The keeping and maintain~g of animals in the R- 1 District of the City of Maple Grove shall conform to the ~ards relating to proper care and maintem of animals as found in Section 430.87 and other requirements set forth in this Ordinance. All keeping and maintaining of animals in the R-1 District shall be accomplished in a nttisan~-~ manner in accordance with this Ordinance. OSTEGO The Ostego Ordinance, re~lating the keeping of farm ammals such as stipulates a minimum lot size and animal density. The minimum lot size. -required for supporting farm animals is 2.5 acres. The maximum densir? pc acre of farm animals is as follows: Turkeys, Ducks, Geese: 25 animals per acre Chickens: 50 animals per acre The maximum densities may only be exceeded by conditional use permit. PLYMOUTH The City of Plymouth allows poultry to be raised only in two low density residential zoning districts and then only by conditional use permit. ROBBINSDALE The Robbinsdale ordirmr, e specifies that non-domestic animals may be kept by permit only. The permit is issued by the City Council following a public hearing. This permit prohibits the keeping of non-domestic animals for commercial purposes. ST. LOUIS PARK Section 11-311. Sale of Baby Chicks, Fowl and Rabbits. No person shall sell or offer for sale, or give away for advertising or promotional purposes, chicks, rabbits or ducklings less than thirty days old as pets or novelties; provided that this ordinance shall not be construed as prohibiting an isolated sale or gift of such chicks, rabbits or ducklings not in connection with any business enterprise, nor sales for commercial purposes by hatcheries or stores engaged in the business of selling such chicks or ducklings for commercial purposes, and equipped with proper brooder facilities to care for same. CITY OF NEW HOPE MEMORANDUM DATE: TO: FROM: SUBJECT: December 1, 1994 Planning Commission Members Kirk McDonald, Management Assistant, Community Development Coordinator Miscellaneous Issues November 14th City Council Meeting - At the November 14th Council meeting, the City Council took the following action on planning cases and other related issues: Planning Case 94-16/Ordinance No. 94-15, An Ordinance Amending the Special Requirements for All Limited Industrial Uses by Repealing the Prohibition Against Employee Parking in Front of Limited Industrial Buildings, City of New Hope, Petitioner: Approved as recommended by the Codes & Standards Committee and Planning Commission. Planning Case 94-29, Request for a Conditional Use Permit to Allow a Commercial Recreation Facility (Billiard Room) at Midland Shopping Center, 2703 Winnetlm Avenue North, Dave Dahl/Gregg Kegley/Engelsma Investment Ltd. Parmers, Petitioners: Engelsma Investment, owners of Midland Shopping Center, contacted the City prior to the meeting and withdrew the request due to a tremendous amount of neighborhood opposition (see attached letter). Co Resolution Authorizing Transfer of 5009 Winnetka Avenue North from City of New Hope to Economic Development Authority - In February, 1994, the City purchased the property at 5009 Winnetlca Avenue North from HUD, the existing structure on the property has been razed, and the City is cooperating with the CO-OP Northwest Community Revitalization Corporation to construct a handicapped accessible twin home on the site. Due to the fact that in the past this type of property development work has been handled by the EDA and in order to utilize certain funding programs for the development, the City transferred the ownership of the property to the EDA. Do Resolution Requesting Transfer of Portion of 7400-7412 42nd Avenue North from City of New Hope to Housing and Redevelopment Authority - A minor item which needed to be addressed prior to the filing of the City Center Addition plat concerned a seven foot wide strip of land owned by the City. The HRA platted City Center Addition and holds title to all the property except the seven foot strip. This resolution transfers the seven foot strip of land to the HRA and finalizes the plat process. Eo Motion approving Final Pay Request to Flag Builders, Inc. for Rehabilitation Work at 7109 62nd Avenue North - The rehab work at the City-owned home at 7109 62nd Avenue North has been completed and final payment for the work was approved. A public hearing on the sale of the property will be held in December. Resolution Accepting Preliminary Report on 1995 Street Surface Evahmtion and Ordering Preparation of Feasibility_ Report - The City Council accepted thc Pavement Condition Report for the 1995 Street Improvement Project and authorized the preparation of a Feasibility Report, which will identify the study area, the type of street reconstruction required, total estimated project cost and estimated assessments to benefitted properties. Resolution Approving Additional Multi-Family Housing Policy Loan for New Hope Apartments, 7200-7260 43rd Avenue North - The City approved additional loan funds for the New Hope Apartments rehabilitation project in the amount of $20,000. The City is pleased with the progress of the work and the cooperation of the owners. Resolution Authorizing Letter of Agreement with Equal Access Homes to Provide Design Services for 5009 Winnetka Avenue North - After soliciting proposals from architects/designers who specialize in the design of accessible homes, the EDA authorized a Letter of Agreement to provide design services with Equal Access Homes to design a duplex for the 5009 Winnetka Avenue site. November 28th City Council Meeting At the November 28th Council meeting, the City Council took the following action on planning issues: Ordinance 94-20, An Ordinance Temporarily Prohibiting Pool or Billiard Centers Within the City of New Hope and Resolution Authorizing a Planning Study to Consider Amended Regnlatious for Commercial Recreational Facilities: Due to the large amount of resident opposition regarding the location of a billiard room at Midland Shopping Center, the Council passed an ordinance establishing a six-month moratorium on requests for billiard halls or any facility with more than two pool tables effective through May 28, 1995. The moratorium should allow adequate time for the Codes & Standards Committee and Planning Commission to study this issue. The Council also passed a resolution authorizing a planning study to consider amended regulations for commercial recreational facilities. The study will include a review of the hours of operation for all commercial recreational facilities and performance standards as they relate to proximity to residential zoning districts, churches and schools. City staff will be meeting to discuss the parameters of the study and to give the Planning Consultant some direction in mid-December and it is anticipated that the Codes & Standards Committee will begin studying this issue after the first of the year. Both the ordinance and resolution are attached for your information. Co Do Discussion Regarding Cooper AthletieField Amended Conditions of Approval - The School District has amended the City Council's conditions of approval for the athletic field at Cooper High School and returned them to the City for review. The amended items were discussed at the 11/28 Council meeting with no action being taken. Please refer to the attached correspondence from the City Attorney for further information. Engineers representing the City and the School District have begun meeting to coordinate the drafting of plans and specifications for the project, with the City being responsible for the street and parking lot improvements and the School District being responsible for the field construction. Resolution Accepting Easement for Pondinll and Drainage Purposes at 5008 Hillsboro Avenue North - As part of the review process for the conditional use permit granted to OneComm Corporation for the construction of an ESMR antenna, the Shingle Creek Watershed District recommended that the City obtain a ponding and drainage easement. The property owners have supplied such an easement and the Council passed a resolution accepting the easement, which will be recorded along with the CUP Site Improvement Agreement. Resolution for Authorization to Publish Notice and Hold Public Hearin~ Regarding Sale of 7109 62nd Avenue North - The EDA approved a resolution setting the date for the public hearing to sell the property at 7109 62nd Avenue for December 12th. Planning Commission Resignations - The two Planning Commissioners whose three- year terms expire at the end of 1994 have indicated that they do not wish to be re-appointed. I am sorry to say that Mary Zak and Doug Watschke will be leaving the Commission as of December 31st (see attached letter from Zak). The City Council will need to determine if they will be seeking additional applicants for the Commission. Development Agreements - During the past month the City has received executed Development Agreements from both OneComm Corporation and U.S. West NewVector, therefore the construction of these towers is in process. For your information, the CUP Agreement with Beautiful Savior Church/Hope Alliance Chapel has not been executed, as the sale of the property has not been completed. 1995 Officer Elections - Just a reminder that elections for 1995 Planning Commission Officers will be conducted at the January 3, 1995, meeting. Attachments: Kraus-Anderson Withdrawal Letter Ordinance 94-20 Resolution Authorizing Planning Study Cooper Amended Conditions of Approval KRAUS.ANDERSON COMPANY Development · Leas/ng - Management November X4, 199 4 I~. Dan Donohue City Ad~inis~rator CITY OF NEW HOPE 4401 Xylon Ave. No. NeW Hope, MN 55428 VIA FAX Dear Mr. Donohue: On behalf of Engels~a Limited Partnership, I hereby withdraw our application for a Conditional Use Permit at Midland Shopping Center to allow occupancy of a billiard room. If you have any~uestions, please feel free to oontao~ me. Cordially, Barbara Van Auken Director of Properties BVA/a= 523 South Eighth Street · Minneapolis, MN 55404-1078 · 612/332-1241 · FAX 612/332-8940 COlIN( REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Development City Manager 11-28-94 & Pl~nninq / Item No. By:Dan Oonahue B)n. 8.1 ; · ORDINANCE 94-20, AN ORDINANCE T PORARILY PROHIBITING POOL OR BILLIARD CENTERS WITHIN THE CITY OF NEW HOPE This ordinance would establish a six-month moratorium on requests for billiard halls or any facility with more than two pool tables effective through May 28, 1995. As a result of the recent application for a CUP to allow a billiard room at Midland Shopping Center, many residents expressed opposition to this type of facility. The moratorium will allow adequate time to study the issue relating to our code. Staff recommends approval of the ordinance. MOTION BY SECOND BY TO: Review: Administration: Finance: RFA-001. ~ ORDINANCE NO. 94-20 AN ORDINANCE TEMPORARILY PROHIBITING POOL OR BILLIARD CENTERS WITHIN THE CITY OF NEW HOPE The City Council of the City of New Hope ordains- Section 1. Section 1.57 "Temporary Prohibition of Pool Halls or Centers" of the New Hope City Code is hereby added to read as follows- 1 .57 Temporary Prohibition of Pool Hallqor Centers. Pursuant to the authority of Minn. Stat. §§462.355(4) and 412.221 {25) a total prohibition is hereby imposed on the location of any pool or billiard hall or center or any other commercial recreational facility with more than tw,~ pool or billiard tables, coin operated or otherwise~ anywhere within the New Hope City limits. Sai,I prohibition shall be effective through May 28, 1995. Any application for issuance of buildin~ or occupancy permitA under Chapter 3 of this Code, text changes, variances, conditional use permits and rezonin~ requests under Chapter 4 of this Code and subdivision requests under Chapter 13 of this Code for any new use, construction, development or subdivision of property for a pool Or billiard hall or center as herein defined shall be denie,I until May 28, 1995. Section 2. Effective Date. This Ordinance shall be effective upon its passa9e and publication. Dated the day of , 1994. Attest: Vmlerie Leone, City Clerk Edw. J. Erickson, Mayor (Published in the New Hope-Golden Valley Sun-Post the , 1994.) day of STEVEN ASQNORALL MICHAEL R. LAFLEUR MARTIN P MALECHA WILLIAM C. STRAIT CORRICK & SONDRALL. P.A. ATTOI~NEYS AT LAW Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park. Minnesota 55443 FAX (6~2~ 42~S~67 November 21 , 1994 Mr. Daniel d. Donahue City Manager City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Pool Hall Moratorium and Resolution Authorizing Study of Ordinance Our File No. 99.29429 Dear Dan: In follow up to the Midland Shopping Center Pool Hall Application, I have prepared a proposed Ordinance calling for a six month moratorium and a Resolution authorizing the City Planner to study the issue on pool halls and make recommendations regarding the impact of all commercial recreational facilities in the commercial and industrial zoning districts of the City, Basically, I think we might want to look at several issues. Certainly we should review hours of operation for all our commercial recreational facilities and possibly draft a City wide ordinance dealing with hours of operation. I suspect all commercial recreational facilities have the potential for attracting non-New Hope residents into an area that could lead to problems dealing with traffic, noise, loitering, truancy, and crime in general. We should probably take this opportunity to have the City Planner review this issue and see how other communities deal with these issues. Secondly, we may want to review our performance standards regarding commercial recreational facilities as they relate to proximity to residential zoning districts, churches and schools. Again, this is something the City Planner could review as part of his study. Mr. Daniel J. Oonahue November 21, 1994 Page 2 If you agree, this Reso]ution and Ordinance can be considered at the November 28th Council meeting. Very truly yours, Steven A. $ondrall slm2 Enclosures cc: Kirk McDonald, Managemen~ Ass~. (w/enc) Valer~e Leone (w/enc) REQUF~T FOR ACTION Originating Department Approved for Agenda Agenda Section Dev. & Planning City Manager --. 11-28-94 ~ Item No. By: Dan Oonahue By'. ,,f/ 8. 2 R£SOtUIION gUIHORI?I~G A ~LA~I~ STUDY 10 CO~SID£R gM£~D£D R£GULAIION$ [OR COMM£RCI~L R£¢R£glIONAL FA¢ILIII£S lhis resolution will authorize the City ~lanner to study the issue on pool halls and make reco~endations regarding the impact of all comercial r~creational facilities in the comerc~al and industrial zoning dlstricts of the City. lh~ study would review the hours of operation for all our cor~ercial recreational facilities and performance standards regarding commercial recreational facilities as they relate to proximity to residential zoning districts, churches and school s. The study will be completed and presented to Council prior to May 28, 1995. Staff recommends approval of the resolution. MOTION BY SECOND BY TO: Review: Administration: Finance: I RFA-001 ~ RESOLUTION NO. 94- A RESOLUTION AUTHORIZING A PLANNING STUDY TO CONSIDER AMENDED REGULATIONS FOR COMMERCIAL RECREATIONAL FACILITIES WHEREAS, commercial recreational facilities as defined by New Hope Code §4.022(23) are permitted and conditional uses in the commercial and industrial zoning district, and WHEREAS, pool and/or billiard halls or centers are defined as commercial recreational facilities, and WHEREAS, many of the City's commercial and industrial areas are in close proximity to residential areas of the City, and WHEREAS, there is concern that commercial recreational facilities, such as pool and billiard halls, bowling alleys, pinball and video arcades and other such establishments require hours of operation that extend well beyond normal business hours for a typical commercial retail establishment, and WHEREAS, there is a further concern that commercial recreational facilities attract non-New Hope residents into the City due to extended late night and early morning hours of operation, and WHEREAS, there is a concern that commercial recreational facilities may have an adverse affect on the health, safety and welfare of New Hope citizens and property if too closely situated to residential property, churches or schools or if improperly managed and regulated due to circumstances created by increased traffic and noise and the potential for juvenile truancy, loitering and crime. NOW. THEREFORE, ~E IT RESOLVED by the City Council of the City of New Hooo. Minnesota, as follows: 1. The City Manager is hereby authorized and directed to have prepared a planning study to consider the impact of commercial recreational facilities within the City including, but not limited to, the following: a. a restriCtion on hours of operation; proximity to residential zoning districts, churches and schools; prohibition of pool or billiard halls or centers within the City. 2. That the study should be completed and brought back before this Council on or before May 28, 1995. 3. That a moratorium should be imposed on all future pool or billiard halls and centers within the City until the herein planning study is completed. Dated the day of , 1994. Edw. J. Erickson, Mayor Attest: Valerie Leone, City Clerk COUN~ REQUF_.~T FOR ACTION Originating Department Approved for Agenda Agenda Section Manager 11-28-94 Dev. & Planning Dan Donahue ~ /' Item No. By: By:// 8.3 / DISCUSSION CONCERNING COO/PER ATHLETIC FIELD AMENDED CONDITIONS OF APPROVAL The City Attorney has responded to the Amended Proposal drafted by the School District. Staff would like an opportunity to discuss these concerns with the Council. MOTION BY SECOND BY TO: ReView: Adm/n/stration: Finance: RFA-O01 ~ STEVEN A. SONDRALL MICHAEL R. LAFLEUR MARTIN P MALECHA WILLIAM C. STRAIT CORRICK & SONDRALL, P.A. ~.TTORNEYS AT LAW Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn P~k, Minneso~ 55443 TELEPHONE (&12) November 21 , 1994 Mr. Daniel J. Donahue City Manager City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE: Cooper Athletic Field Amended Conditions of Approval Our File No: 99.29313 Dear Dan: In response to your November 17, 1994 fax, ! reviewed the amended Conditions of Approval we received from !SD #281. I drafted the original Conditions of Approval to establish a factual record indicating ISD #281's first set of plans did not conform to the City's Conditional Use Permit process. The amended proposal adopted by the school district eliminates the factual findings of the original Conditions of Approval making the amended document more neutral. In other words, the school district is willing to accept the compromised plan but not willing to admit its initial proposal was contrary to our zoning code and comprehensive plan. As long as our working arrangement to achieve the compromised plan remains cooperative, the deletion of the factual findings establishing non-comformity of the original plan will not be important. However, if the cooperative spirit breaks down to due to coste or otherwise and the school district wishes to revert back to portions of the initial plan, we would lose the advantage of their admission to the factual record. Also, there are some specifics of the compromise plan that should be again discussed with the City Council. They are as follows: 1. Paragraph 3(a)(2) changes the fields lowering from 9 feet to 7 feet. This may have some affect on visual impact for those residences on Zealand Avenue. Maybe that should be explored with the City Engineer and an explanation for the change should be ~,-. Daniel J. Donahue November 21, 1994 Page 2 provided by the school district. their design people. No doubt that was recommended by 2. Paragraph 3(b)(4) limits the street and parking lot correction costs to $700,000. Any costs in excess of $700,000 must be mutually approved by both parties. This may become a problem if the contract award is near or at $700,000 and it is discovered during the course of the project that a change order will necessitate more costs. Any change orders causing the project to exceed $700,000 would require approval from the school district as well as the City. 3. Paragraph 3(b)(5) gives the school district an option to elect a lO-year assessment period for its share of the street and parking lot costs. I do not see this as a problem except that it leaves it up to the school district rather than the City to set the term of the assessment. We still need to negotiate an interest rate with the school district as well. 4. Paragraph 3(d)(4) significantly changes the limited usages previously agreed to by the school district. The original language should be reinserted until we have some experience with how this field wi]~ be operated. The original language was taken almost verbatim from R."Whitey" Johnson's July 12, lgg4 memo to Kirk McDon. a]d in response to the City P~anner's 14 conditions for approval. The use of this field was one of the hotly debated issues, therefore this change to the original language seems quite drastic. 5. In paragraph 2 the word "collector" should be reinserted to describe the streets. The school district modification describes the streets as "thoroughfares". I am not sure of their reason for changing the description or the impact of doing so, however our City Code does not use the term "thoroughfare" in classifying streets but does use the term "collector". As a result, to be accurate with the City Code, I prefer the use of the word "collector" in defining the streets. These points are fair concerns to the modification we have received from the school district. I am not suggesting we refuse to sign the agreement unless the referenced changes are made, however I Mr. Daniel J. Oonahue November 21 , 1994 Page 3 think these issues should be discussed with the Ci(y Council before we give our approval on the amended proposal. Very truly yours, Steven A. Sondrall slm3 Enclosure cc: Kirk McDonald Mark Hanson (w/enc) ps: Mark, please review paragraph 3 on conditions of approval of the enclosed document and let me know if you have any concerns about the changes made by the school district relative to the engineering or design plans, SAS RESOLUTION NO. 94- RESOLUTION APPROVING PLANNING CASE 94-14 REQUESTING CONDITIONAL USE PERMIT TO ALLOW ATHLETIC FACILITY EXPANSION AT COOPER HIGH SCHOOL, 8230 47TH AVENUE NORTH, SUBJECT TO PREPARATION OF ACCEPTABLE SITE AND BUILDING PLANS INCORPORATING ATTACHED CONDITIONS OF APPROVAL WHEREAS, Independent School District No. 281 (Petitioner) has petitioned the City of New Hope for an expansion of the athletic facility at Cooper High School, 8230 47th Avenue North, Planning Case 94-14, and WHEREAS, the City Council hereby finds and determines that an expanded athletic facility at Cooper High School would not be contrary to the City's Comprehensive Plan and Zoning Code if constructed in compliance with those Conditions of Approval as set out in Exhibit A attached, and WHEREAS, the City Council hereby approves a conditional use permit contingent upon acceptance of the attached Conditions of Approval by the Board of Independent School District 281. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City. of New Hope as follows: That Petitioner shall resubmits site and building plans for the proposed athletic complex incorporating the attached Conditions of Approval. That upon receipt of site and building plans acceptable to the City which incorporates the attached Conditions of Approval, Petitioner's conditional use permit for said expansion shall be effective. e The City shall be responsible for preparation of all street and parking lot plans applicable to the Conditions of Approval set out in attached Exlu'bit A. Adopted bytlm City Council of the City of New Hope, Hennepin County, Minnesota, thi~ 10th day of Ogtober, 1994. Edw. $. Erickson, Mayor Attest: Valerie Leone, City Clerk NEW HOPE PLANNING CASE 94-14 REQUEST FOR CONDITIONAL USE PERMIT A3,IENDMENT AND SITE/BUILDING PLAN REVIEW/APPROVAL TO ALLOW EXPANSION OF SCHOOL USES IN R-1 ZONING DISTRICT, rNa'DEPENDENT SCHOOL DISTRICT 281 PETITIONER ]~RBLQ~. The purpose of this document is to set out proposed conditions of approval for Petitioner's application on expanded conditional use permit to affow construction of an athletic stadium at Cooper H/gh School. Cooper High School has a common address of 8230 47th Avenue North, New Hope. Need for Conditions. Cooper High School is situated in the middle of a single-family residential zoning district. It is boarded on the south by 47th Avenue North, on the north by 49th Avenue North, on the west by Zealand Avenue North, and on the east by Vir~nia Avenue North. These streets are constructed to a residential standard. New Hope City Code requires non-residential school traffic to be channeled to a thoroughfare street (i.e. 70' minimum ROW and 44' minimum street width). The referenced streets do not meet these standards. Cooper is currently considered a legal non-conforming use. When it was built the City Code did not requires a thoroulhfare street standard for streets serving Cooper. The conditional use requirements were passed at a later dated (specifically 1979). As a result, Cooper is "grandfathered" as a legal non-conforming use despite daffy traffic counts from non-residential school traffic exceeding desirable veh/cle trips for residential street design. City Code does not permit the expansion of legal non-conforming uses. Due to traffic problems the City proposes to grant the Conditional Use Permit requested by the District contingent upon the District's acceptance of the following Conditions of Approval. 1 EXHIBIT A Conditions of Approval. The following conditiom shall apply to the City's approval of Petitioner's CUP application. The Cooper athletic facility design plan shall be subject to review by the City Engineer as to compliance with the City code and shall include, but not be limited to the following requirements: 1) The field shall be moved approximately 120' north and 20' east of its proposed location. 2) The field shall be lowered approximately 7'. 3) Home bleachers shall be located on west side of field (2,000 seats, 16 rows); visitor bleachers shall be located on east side (500 seats, 10 rOWS). 4) The city detention basin located north of the football field shall be eliminated to allow the discus and shot put event to be located in this general area. The Shingle Creek Watershed requirements for storm water quality shall be satisfied as set out in its September 8, 1994 watershed recommendations item 12-8; provided that the City shall not share in the cost thereof. 5) The existing north-south storm sewer through Cooper High School to 49th Avenue North shall be given to the City and a 20' wide drainage and utility easement shall be dedicated over it. The City will update and modify the existing storm sewer as required and extend it to the new low point in 47th Avenue North. 6) The excess material resulting from lowering the field, relocating the parking lot and reconstruction of 47th Avenue North shall be used to censtruct a berm on the west and north side of the field. Consideration should also be given to redirecting the discus area to the east to allow additional material to be placed north of the field. Tile problem of nonresidential traffic generated by the school, referred to alleve, shall be resolved as follows: I) Cooper's existing parking lot located immediately north of the New Hope Elementary School shall be relocated north to allow 47th Avenue to be extended between Del Drive and Zealand Avenue. A 66' wide right-of-way shall be dedicated through the parking lot between Del Drive and ZealancL The southerly ROW line will be 2 located approximately 50' north of the New HOpe Elementary, School building. Additional fight-of-way shall be dedicated west o£ Zealand Avenue abutting New Hope Elementary School and Highview School to provide a full 66' wide right-of-Way. (The existing right-of-way is 60' w/de west of Zealand Avenue). 2) Zealand Avenue shall be cul-de-sac opposite 4757 and 4765 Zealand Avenue (45' radius offset to east). Additional right-of-way (60' radius) will be dedicated by school district. The residential portion of Zealand Avenue north of the cul-de-sac will access 49th Avenue while the southerly portion serving Highview School, Homeward Bound, and the westerly exist to Cooper's parking lot shall access 47th Avenue. A cul- de-sac shall not be provided on the southerly portion. The City will properly maintain the southerly portion of Zealand Avenue to Cooper's parking lot. 3) Zealand Avenue's east curb line shall be relocated 10, to west, sidewalk shall also be relocated allowing for 8' wide boulevard on east side of Zealand Avenue. 4) The City of New Hope and School District shall equally share in the cost of the improvements in Zealand Avenue, 47th Avenue, and relocating Cooper's parking facilities. The estimated project cost is $600,000 to $700,000. If actual costs exceed $700,00, it .is understood that the new costs shall require approval of both the New Hope City Council and the Board of the School District. The cost to update, modify and extend the north-south storm sewer between 47th Avenue and 49th Avenue across Cooper High School shall be New Hope's responsibility. 5) The School District shall have the option of financing its share of these street and parking lot improvements by petifionln$ the City for said improvements pursuant to Minn_ StaL Chap. 429. The City will assume construction and financing responsibility for the street improvements. The School District's allocated and agreed upon share of said costs will be assessed against their property and paid over time subject to an interest rate mutually acceptable to the parties and a term of up to ten (10) years, as determined by the School District. The School District shall comply with all provisions of its proposed June 21, 1994 Traffic Management Plan prepared by Allan Klugman of WestwOod Professional Services, Inc., attached hereto as Exhibit A. In addition to the provisions of said plan, the School District shall provide, at its cost, such police, reservists or attendants which are, in the opinion of the New Hope Chief of Police, sufficient to control traffic at all facility events. This number will be based on maximum crowd capacity. Fewer attendants may be 3 L permitted if a significantly smaller crowd is anticipated. The School District shall comply with all provisions of its proposed June 30, 1994 Athletic/Physical Education Complex Management Plan/Operational Plan prepared by R. "Whitey" Johnson, Project Director, attached hereto as Exhibit B. The School District further agrees to amend the plan relating to the following issues: 1) ~. Snow storage in Lot C will be accomplished at the south rather than the nor'da end. 2) Noise. The School District also agrees to submit a Noise Impact Statement to address noise related concerns if deemed necessary by the City. 3) Litter. The School District also agrees to publish a telephone number for neighborhood complaints relating to litter problems after facility events. 4) Lighted Ni~t Time Facility Usage. The facility will be used for only Cooper events and limited as follows: four (4) home football games, plus any post season competition seven (7) home soccer dates, plus any post season competition The Design Plan proposed by the School District shall comply with all conditional use permit standards. These shall include, but not be limited to, the following: 1) Additional bus parking spaces shall be provided, if needed, as determined by the City, after one year of operation. All lighting on-site shall be arranged to not reflect onto adjacent property. 3) All signage on-site shall comply with the New Hope Comprehensive Sign Code. The School District further acknowledges and agrees to comply with its revised plan to upgrade the athletic facility submitted as part of Pl.nnlng Case 94-14. In addition to the conditions stated herein, these plans include, but are 4 not limited to, the following: 1) Additional screening at the west end of the parking lot. 2) Potential parking spaces for 2 more buses. 3) Relocation of the perimeter fence to an area immediately north of the field to provide more open space. 4) Location of trash receptacles indicated on the Plan. 5) A defined schedule of site improvements for New Hope Elementary School including the following: i) parking lot upgrade including sealcoating and curbing by September, 1997; storm water drainage and deficiencies resolved by September, 1997; the fields west of New Hope Elementary do not properly drain. It is recommended New Hope Park & Recreation Department and the School District review the use of the fields west of New Hope Elementary and evaluate if reconfiguring the fields is beneficial because it is expected excess material from the football/soccer field and street/parking lot improvements could be disposed of in this area tO allow the fields to be properly graded to drain. The School District shall enter into a site improvement and development agreement prepared by the City incorporating all agreed upon commitments and conditions of the site plans, traffic plans, management/operational plans accompanied by an adequate financial guarantee determined by the City to imure completion of all agreed upon improvements (other than those in paragraph 3Co)4 above) within the public right-of-way. The mount of the ~ guarantee shall be reasonably related to the cost of the ~ments. The performance guarantee amount may exclude the cost of tl~ street work discussed above if it is financed by school property assessments at the School District's option. Further, the CUP and development agreement shall be subject to annual review by City staff. The School District shall also execute ail necessary documents to dedicate street right-of-ways and utility easements discussed herein. The School District al~o acknowledges it must comply with all requirements of the Shingle Creek Watershed District and all other governmental entities, if any, having 5 jurisdiction over this upgrade project. Effect of Agreement. The foregoing Conditions of Approval, as set forth in 43 above, shaft constitute a general framework for the proposed City/School District Plan. The City Council's October 10, 1994 approval of the Conditional Use Permit, and the signatures below, are contingent upon the acceptance of the Conditions of Approval by the Board of the School District. The parties acknowledge that conditions may change in the future in a manner not comemplated by them at this time. Therefore, the parties agree that the Conditions of Approval shall be reviewed at least annually and thereafter may be amended with the consent of the City Council and the School Board. Keith Moberg, Chairman of School Board Independent School District No. 281 James Dahle, Acting Superintendent Independent School District No. 281 CITY OF NEW HOPE Its Mayor sy Its City Manager Dated: ,1994. Dated: ,1994. 6 November 14, 1994 Mr. Kirk McDonald Managemem Assistant/ Community Development Coordinator City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 Dear Kirk: I want to confirm our recent phone conversation in which I told you I will be resigning from the Planning Commission effective December 31, 1994. January 1, 1995 marks the beginning of new duties on my church's Board of Directors. Beautiful Savior is in the process of a building move and expansion. My responsibilities will include everything from studying financial options to looking at architects' plans. In addition, I will serve as a Liason Director to another ministery board yet to be named. These new opportUnities give me a very "full plate" and I wish to resign to give them my total energy. My six-year tenure on the Planning Commission has been very enjoyable and a wonderful learning process for me. I hope I was able to impart some of the knowledge I gained for the beautification and development of New Hope. I enjoyed myself immensely and wish to thank all of you for being so terrific to work with. Sincerely, Mary E. Zak cc: Mr. Robert Cameron, Chairman, New Hope Planning Commission