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HomeMy WebLinkAboutNovember24PCPacketCity of Falcon Heights Planning Commission City Hall 2077 Larpenteur Avenue West Tuesday, November 24, 2020 7:00 p.m. A G E N D A A. CALL TO ORDER: 7:00 p.m. B. ROLL CALL: John Larkin ____ Tom Williams ____ Matthew Kotelnicki ____ Scott Wilson ____ Joel Gerich ____ Scott Phillips ____ Jill Bartyzal ____ Council Liaison Gustafson ____ Interim Staff Liaison Just ____ C. APPROVAL OF MINUTES 1. October 27, 2020 D. PUBLIC HEARING 1. Amendment to Chapter 113 regarding drive through facilities. E. INFORMATION AND ANNOUNCEMENTS 1. Vacant properties update 2. December meeting F. ADJOURN Next regular meeting date: December 22, 2020 If you prefer to participate in the public hearing via Zoom, please go to the following link: https://us02web.zoom.us/j/85306593220. City of Falcon Heights City Hall 2077 Larpenteur Avenue West Minutes Planning Commission Meeting Tuesday, October 27, 2020 7:00 PM A. CALL TO ORDER: The meeting was called to order by Chair Larkin at 7:00 PM. B. ROLL CALL: Present: Larkin, Williams, Gerich, Wilson, Phillips Absent: Kotelnicki Present Staff Liaison: Ryan Krzos from WSB Present Liaison: Council Liaison Gustafson C. APPROVAL OF MINUTES: September 22, 2020 The minutes were approved by roll call, 5-0 D. PUBLIC HEARING 1. Amendment to Chapters 54 and 113 regarding residential edible landscaping Following Staff Liaison Ryan Krzos’ description of the proposed residential edible landscaping amendment (see Request For Planning Commission Action document), questions and a discussion between commission members took place. Commissioner Wilson mentioned that the Parks and Recreation Commission are looking at adding nine more plots to their community gardens at Community Park. Chair Larkin said as well that, similar to the recent native plant code, anything that applies to R1 and R2 residential, also applies to R3 and R4. Chair Larkin opened up the public meeting. Several Public Members were in attendance and one came forward as well as one other offered their appreciation that front yard vegetable gardens were allowed in the amendment to Chapters 54 and 113. Also, it was brought up that approximately 330 comments by residents, mostly positive, regarding the edible gardens, had been received by the City, by residents commenting largely on the website. Chair Larkin closed the public meeting. Larkin then requested comments from each Commission member, one at a time. All were in approval of the amendment. A brief discussion then took place between commission members regarding retail sales of produce from the edible vegetable gardens (and naive plants) on the home owner's property. With a motion, a second and a vote, the Planning Commission unanimously approved recommending the ordinance, as it is written, to the City Council for their approval. E. INFORMATION AND ANNOUNCEMENTS 1. Vacant properties update Chair Larkin described the draft Vacant Properties Ordinance from the sub- committee of Chair Larkin, Tom Williams and Scott Phillips. During the introduction, Chair Larkin referred to a 10-point recommendation from a City of Chicago report on Vacant Properties Registration Ordinances, and that the subcommittee addressed each of them in the draft. Chair Larkin said that the Vacant Properties Ordinance of the City of Hopkins, MN was used as the templet for the Falcon Heights draft, which included: fees, monitoring of vacancy using garbage collection and water usage, and installation of an excessive gas flow valve. The fact that Falcon Heights is not associated with the Housing and Redevelopment Authority (HRA), at this time, those portions of the City of Hopkins ordinance were removed. Following Larkin’s description of the proposed vacant property ordinance, a brief discussion between commission members took place. After the discussion, Chair Larkin said that the committee would likely be discussing the topic in greater detail during future meetings. Larkin recommended that the Lawyer representing the City of Falcon Heights and Staff members review the Vacant Property Registration form and draft ordinance, and recommend any changes or additions to these documents for the next Planning Commission meeting. Dino’s Drive-Through Staff Liaison Ryan Krzos said that the City, as of the time of the Planning Commission meeting, had not received a full submittal, or any other requests regarding the Dino’s drive-through window. Liaison Krzos mentioned that he believes Dino’s is now considering a Pick-Up window, which does not include a speaker or sound system, instead of a drive-through window. However, at this time, conversations to finalize the process had not yet taken place between the City and Dino’s. Liaison Krzos indicated that there would still be a code amendment necessary. Following Liaison Krzos’ comments, a discussion of Dino’s drive-through request took place between commission members. The Planning Commission will address any new proposals brought by Dino’s in future meetings. November and December Planning Commission Meetings Chair Larkin mentioned that because of the conflict with meetings and holidays in November and December (Thanksgiving and Christmas), the Commission would be best to be flexible in planning those meetings. However, Larkin recommended that the Commission not meet on December 22nd because of how close it is to the Christmas holiday. F. ADJOURN Adjourned by Chair Larkin at 7:55 PM. REQUEST FOR PLANNING COMMISSION ACTION Families, Fields and Fair __________________________ The City That Soars! Item Amendment to Chapter 113 Regarding Drive Throughs Description Summary of Request The City has received a request from the owner of Dino’s Mediterranean Fresh (1700 Snelling Drive) for an Ordinance Amendment related to drive-through facilities. The City’s Zoning Ordinance currently prohibits drive through facilities for any use aside from financial institutions. City staff have prepared a draft ordinance on behalf of the applicant to accommodate their facility. It should be noted that the draft provisions would still require the owner to obtain a conditional use permit, which is not a component of this request. Should the amendment be adopted the applicant would need to apply for conditional use permit review which would involve consideration at a subsequent date. Ordinance Amendment Procedures Section 113-35 of the Falcon Heights City Zoning Code provides the process and requirements relating to amendments to the Code. The process involves public notification; a public hearing, review and recommendation by the Planning Commission; followed by review and consideration by the City Council. The Ordinance states that no amendment to the code shall be considered which is in conflict with the Comprehensive Plan. Background On February 8, 2006, the City Council approved an interim ordinance temporarily prohibiting the granting of any permit to build a new drive-through business facility while the City undertook a study of the impact of drive-through uses in the community. A copy of that study is enclosed for reference. On July 12, 2006, the City Council received the final report on the study and voted to support changes in the Falcon Heights City Code that would limit drive-through services to financial institutions in B-2 zones as a conditional accessory use with additional zoning restrictions. On September 13, 2006 the City Council approved the Ordinance provisions that are currently in place. Current Ordinance Requirements Definition: Drive-through facility means the use of land, buildings or structures, or parts Meeting Date November 24, 2020 Agenda Item Agenda D1 Submitted By Ryan Krzos, Interim Community Development Coordinator thereof, to provide or dispense products or services, either wholly or in part, through an attendant or window or automated machine, to persons remaining in motorized vehicles that are in a designated stacking lane. A drive-through facility may be permitted only as an accessory use in combination with a bank of financial institution. A drive-through facility does not include a vehicle washing facility, a vacuum cleaning station accessory to a vehicle washing facility, or an automobile/gasoline service station. Performance Standards: Sec. 113-252 - Drive-through facilities Drive-through facilities are prohibited except when specifically allowed by a conditional use permit in a zoning district. When allowed, all drive-through facilities must comply with the following requirements: (1) The drive-through facility, service window and speakers must be located at least 100 feet from a residential zoned or used property and must be visually screened from adjoining residential property. (2) The entrance and exit drive lanes to the drive-through facility must be at least 75 feet from a street intersection. (3) The lot on which the drive-through facility is located must be at least 35,000 square feet in area. (4) The minimum on-site stacking distance available for the drive-through must be 180 feet in length. (5) Drive-through facilities may only be operated between the hours of 7:00 a.m. and 8:00 p.m. (6) No speaker noise may be audible from adjacent residential property. (7) A traffic study must be completed documenting that the drive-through facility will not create traffic problems. District Provisions Sec. 113-178 - B-2 limited business district (d) Conditional uses. The following uses are permitted subject to the issuance of a conditional use permit (CUP): (1) Drive-through facilities as an accessory use to a financial institution. Proposed Ordinance Requirements In response to the applicant’s request City staff drafted the ordinance amendment that would allow drive through facilities as a conditional accessory use, and modifies the performance standards in a manner that would allow the applicant’s facility to be able to achieve compliance. Additionally, staff drafted an additional provision that would require screening of drive through facilities. The provisions are as follows: Definition: Drive-through facility means the use of land, buildings or structures, or parts thereof, to provide or dispense products or services, either wholly or in part, through an attendant or window or automated machine, to persons remaining in motorized vehicles that are in a designated stacking lane. A drive-through facility may be permitted only as an accessory use in combination with a bank of financial institution. A drive-through facility does not include a vehicle washing facility, a vacuum cleaning station accessory to a vehicle washing facility, or an automobile/gasoline service station. Performance Standards: Drive-through facilities are prohibited except when specifically allowed by a conditional use permit in a zoning district. When allowed, all drive-through facilities must comply with the following requirements: (1) The drive-through facility, service window and speakers must be located at least 10075 feet from a residential zoned or used property and must be visually screened from adjoining residential property. (2) The entrance and exit drive lanes to the drive-through facility must be at least 7520 feet from a street intersection. (3) The lot on which the drive-through facility is located must be at least 35,00020,000 square feet in area. (4) The minimum on-site stacking distance available for the drive-through must be 180 feet in length5 stacking spaces. (5) Drive-through facilities may only be operated between the hours of 7:00 a.m. and 8:00 p.m9:00 p.m. (6) No speaker noise may be plainly audible from adjacent residential property. (7) A traffic study must be completed documenting that the drive-through facility will not create traffic problems. (8) A 10-foot buffer area with screen planting and/or an opaque wall or fence 6 feet in height shall be required between the drive-through lane and any property line adjoining a public street or residentially zoned property or property in residential use and approved by the Zoning Administrator. District Provisions Sec. 113-178 - B-2 limited business district (d) Conditional uses. The following uses are permitted subject to the issuance of a conditional use permit (CUP): (1) Drive-through facilities as an accessory use to a financial institution. Sec. 113-179 - B-3 Snelling and Larpenteur community business district ((d) Conditional uses. The following uses are permitted subject to the issuance of a conditional use permit (CUP): (15) Drive-through facilities as an accessory use to a financial institution or eating establishment. Comprehensive Plan Guidance The term “drive through” is not specifically stated in the Comprehensive Plan. As such, one must look at the broader goals and policies to assess whether expanding provisions for drive throughs is consistent with the document. A number of the relevant goals and policies are provided below for reference. A digital copy of the plan is provided on the City website: https://www.falconheights.org/government/community-development-planning- and-zoning General Land Use Goals: 2. To minimize land use and traffic intrusions that adversely impact established neighborhoods. General Land Use Policies: 8. Permit only compatible businesses adjacent to residential uses and in mixed commercial/residential development, and place special conditions upon business uses to assure compatibility when appropriate. Commercial/Business Land Use Goals 2. To ensure maximum compatibility with adjacent neighborhoods. 3. To ensure access and safety for pedestrians and those using non-motorized transportation 4. To improve the image and function of the Larpenteur Corridor and the commercial core at Snelling/Larpenteur. 5. To improve access, traffic circulation and on-site parking for the Commercial Core at SneIling/Larpenteur. Commercial/Business Land Use Policies 7. Maximize land use compatibility by requiring buffering, screening and landscaping between new commercial uses and residential areas and, wherever possible, between existing commercial uses and residential uses to minimize conflict In discussion regarding the future direction of the business oriented land uses, the Plan states the following intentions: “create an attractive, easily accessible, walkable and visually secure commercial area for retail customers. minimize adverse impacts on adjacent residential areas…” Conclusion Since drive-throughs are not specifically mentioned in the Comprehensive Plan; the decision on the proposed Ordinance is a policy matter at the discretion of the City policy making bodies. The Planning Commission should discuss whether the Ordinance as proposed would create situations where the goals and policies of the plan are not contradicted. Attachments • Draft Ordinance 20-XX Chapter 113 Drive Through Facilities • Draft Summary Ordinance 20-XX Chapter 113 Drive Through Facilities • 2006 Drive Through Facilities Zoning Study by Cornejo Consulting • Public Comments received as of October 20, 2020 Action(s) Requested Staff request a Public Hearing on the draft ordinance and a recommendation to the City Council. ORDINANCE NO. 20-XX CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 113 OF THE FALCON HEIGHTS CITY CODE THE CITY COUNCIL OF FALCON HEIGHTS ORDAINS: SECTION 1 Section 113-3 is amended as follows. Deletions are shown with a strikethrough. Sec. 113-3 - Definitions The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Drive-through facility means the use of land, buildings or structures, or parts thereof, to provide or dispense products or services, either wholly or in part, through an attendant or window or automated machine, to persons remaining in motorized vehicles that are in a designated stacking lane. A drive-through facility may be permitted only as an accessory use in combination with a bank of financial institution. A drive-through facility does not include a vehicle washing facility, a vacuum cleaning station accessory to a vehicle washing facility, or an automobile/gasoline service station. SECTION 2 Section 113-179 is amended as follows. Additions are shown with an underline, and deletions are shown with a strikethrough. Sec. 113-179 - B-3 Snelling and Larpenteur community business district (d) Conditional uses. The following uses are permitted subject to the issuance of a conditional use permit (CUP): (15) Drive-through facilities as an accessory use to a financial institution or eating establishment. SECTION 3 Section 113-252 is amended as follows. Additions are shown with an underline, and deletions are shown with a strikethrough. Sec. 113-252 - Drive-through facilities Drive-through facilities are prohibited except when specifically allowed by a conditional use permit in a zoning district. When allowed, all drive-through facilities must comply with the following requirements: (1) The drive-through facility, service window and speakers must be located at least 10075 feet from a residential zoned or used property and must be visually screened from adjoining residential property. (2) The entrance and exit drive lanes to the drive-through facility must be at least 7520 feet from a street intersection. (3) The lot on which the drive-through facility is located must be at least 35,00020,000 square feet in area. (4) The minimum on-site stacking distance available for the drive-through must be 180 feet in length5 stacking spaces. (5) Drive-through facilities may only be operated between the hours of 7:00 a.m. and 8:00 p.m9:00 p.m. (6) No speaker noise may be plainly audible from adjacent residential property. (7) A traffic study must be completed documenting that the drive-through facility will not create traffic problems. (8) A 10-foot buffer area with screen planting and/or an opaque wall or fence 6 feet in height shall be required between the drive-through lane and any property line adjoining a public street or residentially zoned property or property in residential use and approved by the Zoning Administrator. SECTION 4 Section 113-315 is amended as follows. Deletions are shown with a strikethrough. Successive sub-sections are re-numbered as appropriate. Sec. 113-315 - Design and maintenance of off-street parking areas (r) Off-street parking requirements. Off-street parking spaces required (one space equals 350 square feet) shall be as follows unless the city determines, based upon a professional analysis of parking for any specific use, that a reasonable parking ratio for such use should be otherwise: (11) Drive-in food or fast food establishments. One space for each 15 square feet of gross floor space in the building allocated to drive-in operation, plus additional space as may be determined by the zoning administrator based upon advice from the planning commission. Drive-through lanes for food pick-up must be able to stack eight cars on site without interfering with the site parking. SECTION 5 This ordinance shall be effective upon its passage and a summary published in the official newspaper. ADOPTED this ## day of MONTH, 2020, by the City Council of the City of Falcon Heights, Minnesota. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - Moved by: Approved by: ________________________ Randall Gustafson Mayor GUSTAFSON ___ In Favor Attested by: ________________________ LEEHY Sack Thongvanh MIAZGA ___ Against City Administrator WEHYEE ANDREWS SUMMARY ORDINANCE NO. 20-XX CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 113 OF THE FALCON HEIGHTS CITY CODE CONCERNING DRIVE THROUGH FACILITIES This ordinance amends Chapter 113 of the Falcon Heights City Code concerning drive through facilities. The amendment allows drive throughs as a conditional accessory use to restaurants and modifies performance standards for drive through facilities within the City. A printed copy of the entire ordinance is available for inspection by any person during the City Administrator/Clerk’s regular office hours. APPROVED for publication by the City Council of the City of Falcon Heights, Minnesota this _____ day of ______, 202_. CITY OF FALCON HEIGHTS BY: ________________________________ Randall C. Gustafson, Mayor ATTEST: _____________________________________ Sack Thongvanh, City Administrator Public Comments as of 11/20/20 This message is in response to the communication received about the request made by Dino's for an amendment to allow a drive-through. I'm disappointed that we are revisiting this request. The neighbors voiced their opinions and made clear their feelings about this a number of years ago - those have not changed. The addition of a drive-through at this location would bring an unwanted change to the personality of this residential neighborhood. Close as we are to the business district, this would be a distraction totally out of character with the surrounding homes. At the time of the last request, we did manage to get a stop sign stating "No Right Turn" onto Crawford. I can tell you that it is basically ignored by a large percentage of the vehicles leaving the Dino's parking lot. While I realize they are not in a position to monitor this,I feel that if this amendment is approved, any promises made about noise, lighting, and additional traffic will also be ignored. Crawford is already used as a cut-through for vehicles gaining access to Snelling. The addition of a drive-through will only increase that traffic. I find it interesting that the hearing on this matter lands on the day before a holiday, during a pandemic that demands social distancing and a populas exhausted from a fractious election. I hope that a light turnout from the citizenry will not be construed as a lack of interest on our part. I appreciate your taking the time to consider these comments on what I believe would be a poor decision for Falcon Heights. The statement at the bottom of your stationery says "Families, Fields and Fair." I don't see a drive-through fitting into any of those areas. Jean McPherson Asbury Street REQUEST FOR PLANNING COMMISSION ACTION Families, Fields and Fair __________________________ The City That Soars! Item Amendment to Chapter 105 Regarding Vacant Buildings Description Staff has prepared the attached Ordinance relating to vacant buildings. The draft Ordinance is based off of the Planning Commission subcommittee’s recommendation to model the provisions on the City of Hopkins’ Ordinance. The draft Ordinance was shared with other members of the City Administration including the City Administrator and City Attorney for their review and comment. The City Attorney’s office provided a document with recommended provisions included as an attachment. The highlighted sections are those that are recommended to be incorporated into the Ordinance. The City Attorney also suggests contemplating the other provisions as deemed useful or appropriate. Staff also reached out to the City of Hopkins to request that they share their insight on how the ordinance is being implemented. Hopkins staff has not been able to provide comments. Accordingly, staff finds that this additional input is necessary before proceeding with the final ordinance amendment adoption process. Attachments • Draft Ordinance 20-XX Chapter 105 Vacant Buildings • Suggested vacant building provisions from City Attorney’s office. Action(s) Requested Staff is providing an update on the proposed Ordinance and is requesting additional discussion. Meeting Date November 24, 2020 Agenda Item Agenda E1 Submitted By Ryan Krzos, Interim Community Development Coordinator ORDINANCE NO. 20-XX CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 105 OF THE FALCON HEIGHTS CITY CODE THE CITY COUNCIL OF FALCON HEIGHTS ORDAINS: SECTION 1 In Chapter 105 – Buildings and Building Regulations of the City Code of Falcon Heights, Article VI – Vacant Properties is added as follows: ARTICLE VI – VACANT PROPERTIES Sec. 105-120 - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Affiliated entities means two entities owned, managed, or controlled by one or more individuals or entities in common or an entity and an individual, when that individual owns, manages, or controls any part of the entity. Enforcement officer means the city manager or his designees. Lot has the same meaning as provided in city zoning regulations. Owner includes any individual, entity, or affiliated entities. Vacant lot means: (1) A lot in any R zoning district containing a building with one to four dwelling units, as that phrase is defined in city zoning regulations, which is unoccupied for 90 or more consecutive days as a dwelling or which is illegally occupied; or (2) An unimproved lot in any R zoning district located within 500 feet of a lot described in subsection (1) of this definition where both lots are owned by the same owner. Sec. 105-121 - Applicability, scope and intent. The provisions of this article are an exercise of the city's general police and regulatory powers and not an exercise of statutorily delegated zoning authority. All vacant property or vacant properties are subject to this article without exception, regardless of when the property was acquired. Sec. 105-122 - Inspections; access. The enforcement officer may inspect or cause to be inspected any premises in the city for the purpose of enforcing and assuring compliance with this article. Upon the request of the enforcement officer, an owner shall provide access to all interior portions of any vacant property or suspected vacant property in order to permit a complete inspection. Sec. 105-123 - Recordkeeping. The enforcement officer shall maintain a current list, updated monthly, of all vacant properties which have become known to the enforcement officer. Sec. 105-124 - Cumulative remedies. Nothing in this chapter shall be deemed to abolish or impair existing remedies available to the city under this Code, other city ordinances or state law. Sec. 105-125. - Penalties and enforcement. Violation of any provision of this article and providing false information to the enforcement officer under this article are misdemeanors, punishable as provided in section 1- 7. In addition, the city may bring an action in a court of appropriate jurisdiction to enjoin a violation of this article. Sec. 105-126 - Presumption that property is vacant. Discontinuance of trash removal or failure to use a minimum of 50 gallons of water per month shall constitute rebuttable presumptions that the property is a vacant property. It shall be the responsibility of the owner of such a property to establish that it is not a vacant property. Sec. 105-127. - Owner's responsibility for securing and maintaining vacant property. The owner and any subsequent owner of vacant property shall keep vacant property secured and safe and the buildings and grounds properly maintained in compliance with all state and local laws, ordinances, and codes. Secs. 105-128—105-134 - Reserved. Sec. 105-135 - Required; form. (a) The owner of a vacant property located within the city shall register the property with the enforcement officer. The registration shall be submitted on forms provided by the enforcement officer and shall include the following information supplied by the owner: (1) A description of all vacant property or vacant properties owned by the owner within the city; (2) The names and addresses of the owner; (3) The names and addresses of all known lienholders and all other parties with an ownership interest in the properties; (4) The period of time each vacant property is expected to remain vacant; and a plan and timetable for returning the vacant property to appropriate occupancy or use; (5) The owner shall also execute an authorization appointing the city police department an agent of the owner for the purpose of making a demand to depart therefrom pursuant to this article. (b) Subsequent owners of a vacant property shall register or re-register the vacant property with the enforcement officer within 30 days of any transfer of any ownership interest in a vacant property. Sec. 105-136 - Fees. The following fees are imposed to defray the costs of registering, monitoring, and inspecting vacant properties, and otherwise enforcing the requirements of this section: (1) Single or distant properties. The owner of a single vacant property or vacant properties not within 500 feet of one other shall pay a registration fee of $TBD per vacant property the first calendar year the properties become vacant properties and $TBD each subsequent calendar year the properties remain vacant properties, unless an exemption under this article applies. (2) Adjacent and nearby properties. The owner of two or more vacant properties located within 500 feet of each other shall pay for the first calendar year the properties become vacant properties, a registration fee of $TBD per vacant property and $TBD per vacant property for each subsequent year the properties remain vacant properties. The records of the city assessor shall be deemed sufficient for determining the location and distance of properties from one another. (3) Time of payment; proration; renewal. The first annual fee shall be paid at the time of registration and shall be prorated for the initial year of registration based on the number of days in the calendar year after the vacant property is required to be registered. The annual fees for subsequent years shall be paid on or before January 1 of each subsequent year. (4) Delinquent fees. All delinquent fees shall be paid prior to any transfer of an ownership interest in any vacant property. If the fees are not paid prior to any transfer, the new owner of the vacant property shall pay the annual fee no later than 30 days after the transfer of ownership. (5) Late registration. If an owner fails to register within 30 days of notice from the city, the owner shall be liable for a registration fee of three times the amount otherwise due for the vacant properties. (6) Notice of fees due. Following registration, the enforcement officer or designee shall provide written notice to the owners of fees due and the due date. (7) Collection of fees; special assessments. All of the fees and other amounts payable under this article are a debt owed to the city and, if unpaid, shall be collected by special assessment under the authority in M.S.A. § 429.101. Action under this section does not preclude any other civil or criminal enforcement procedure. Sec. 105-137 - Exemption and exceptions. (a) Vacant property owned by the city is exempt from the vacant property registration and fee requirements of this article. (b) Vacant property for which the owner possesses a valid building permit for remodeling the dwelling located thereon or for construction of a new dwelling on such vacant property is exempt from the vacant property registration and fee requirements of this article. (c) Registration is required, but the vacant property registration fee shall be waived, for: (1) All dwelling units that possess a valid rental license issued pursuant to this chapter that is actively marketed as "for rent" in a newspaper or in an online listing at a fair market value rental rate based upon market rental rates for comparable properties. It is the obligation of the vacant property owner to produce evidence of active marketing to claim this exemption. In the event that the rental license lapses, is suspended, or revoked, this exemption shall no longer apply, the vacant property in question shall be subject to the registration fees provided for above and shall immediately be due and owing. (2) All homes being actively marketed as "for sale" at a reasonable price by a licensed real estate broker or by the owner. It is the obligation of the vacant property owner to produce evidence of active marketing at a reasonable price to claim this exemption. A home which is listed on the MLS (multiple listing service) or similar listing service is presumptively being actively marketed. An asking price not greater than 150 percent of the taxable market value, as determined by county property tax records, is presumptively a reasonable price. (3) Vacant properties subject to a valid development agreement or redevelopment agreement with the city. (4) Single vacant properties for which the owner executes a valid affidavit on a form provided by the city averring that the owner intends to resume occupancy of the vacant property as a dwelling within 180 days; provided, however, that failure to actually resume use of the vacant property as a dwelling within 180 days will result in imposition of the waived registration fee. (5) Vacant property for which the registration fee has already been paid for the current calendar year. SECTION 2 Sections 105-115 through 105-119 are added as follows. Additions are shown with an underline, and deletions are shown with a strikethrough. ARTICLE V – ELECTRICAL REGULATIONS Secs. 105-115—105-119 - Reserved. SECTION 3 This ordinance shall be effective upon its passage and a summary published in the official newspaper. ADOPTED this ___ day of ______, 202_, by the City Council of the City of Falcon Heights, Minnesota. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - Moved by: Approved by: ________________________ Randall C. Gustafson Mayor GUSTAFSON ___ In Favor Attested by: ________________________ LEEHY Sack Thongvanh MIAZGA ___ Against City Administrator WEHYEE ANDREWS SUMMARY ORDINANCE NO. 20-XX CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 105 OF THE FALCON HEIGHTS CITY CODE CONCERNING VACANT BUILDINGS This ordinance amends Chapter 105 of the Falcon Heights City Code concerning vacant buildings. The amendment establishes registration procedures for vacant residential buildings within the City. A printed copy of the entire ordinance is available for inspection by any person during the City Administrator/Clerk’s regular office hours. APPROVED for publication by the City Council of the City of Falcon Heights, Minnesota this _____ day of ______, 202_. CITY OF FALCON HEIGHTS BY: ________________________________ Randall C. Gustafson, Mayor ATTEST: _____________________________________ Sack Thongvanh, City Administrator ______ - Registration and regulation of vacant buildings. Subdivision 1. Policy. The purpose of this subsection is to protect the public health, safety, and welfare by establishing a program for the identification and regulation of vacant buildings within the City. This subsection also determines the responsibilities of owners of vacant buildings and provides for administration, enforcement, and penalties associated with the same. Subd. 2. Findings. (a) Vacant buildings have become a major cause of and source of blight in residential and non-residential neighborhoods, especially when the owner or responsible party of the building fails to actively maintain and manage the building to ensure they do not become a liability to neighborhoods and the community. (b) Vacant buildings may attract transients, homeless people, trespassers, and criminals, including drug abusers. Neglect of vacant buildings, as well as use of vacant buildings by transients and criminals, creates a risk of fire, explosion, or flooding for the vacant building and adjacent properties. (c) Vacant properties are often used as dumping grounds for junk and debris and are often overgrown with weeds and grass. (d) Vacant buildings that are boarded up to prevent entry by transients and other long-term vacancies discourage economic development and retard appreciation of property values. (e) There is a substantial cost to the City for monitoring vacant buildings regardless of whether those buildings are boarded or not. This cost should not be borne by the general taxpayers of the community but rather these costs should be borne by those who are responsible for vacant buildings. It is a responsibility of property ownership to prevent property from becoming a burden to the neighborhood and community and a threat to the public health, safety, or welfare. Subd. 3. Adoption of State Law. Minnesota State Statute 463.251, in its entirety, and any future amendments to said statute are adopted by reference. Subd. 4. Definitions. The following definitions shall apply in the interpretation and enforcement of this subsection: (a) Compliance Official means the City Administer or the City Administer’s designee. (b) Building means a building or structure designed for business use or human use or occupancy. (c) Owner means those shown to be the owner or owners on the records of the Ramsey County Department of Property Taxation; those identified as the owner or owners on a vacant building registration form, a holder of an unrecorded contract for deed, a mortgagee or vendee in possession, a mortgagor or vendor in possession, an assignee of rents, a receiver, an executor, a trustee, a lessee, other person, firm or corporation in control of the freehold of the premises or lesser estate therein. An owner also means any person, partnership, association, corporation, or fiduciary having a legal or equitable title or any interest in the property or building. This includes any partner, officer, or Director of any partnership, corporation, association or other legally-constituted business entity. All owners shall have joint and several obligations for compliance with the provisions of this subsection. (d) Responsible party means an owner, occupant, entity or person acting as an agent for the owner who has direct or indirect control or authority over the building or real property upon which the building is located. Any party having a legal or equitable interest in the property. Responsible party may include, but is not limited to, a realtor, service provider, mortgagor, leasing agent, management company or similar person or entity. (e) Vacant building means a building or structure in which no person or persons actually and currently conducts a lawful business or lawfully resides or lives in any part of the building on a permanent, non-transient basis in accordance with City code; or, is occupied by unauthorized persons for any amount of time. (f) Premises means any real property and any appurtenant building or structure. (g) Dwelling means the building or part of a building used by an individual as a place of residence on either a full-time or a part-time basis. A dwelling may be a part of a multi- dwelling or multi-purpose building, or a manufactured home as defined in this code or State Statutes. Subd. 5. Vacant building registration. (a) Application. The owner or responsible party must register a vacant building with the City no later than 90 days after the building becomes vacant. The registration must be submitted on a form provided by the City and shall include the following information supplied by the owner: (1) The name, address, telephone number, and email address, if applicable, of each owner or the owner's representative; (2) The names, addresses, telephone numbers, and email addresses, if applicable, of all known lien holders and all other parties with any legal interest in the building; (3) The name, address, telephone number, and email address of a local agent, maintenance company, or person responsible for managing or maintaining the property; (4) The legal description, tax parcel identification number, and street address of the premises on which the building is situated; (5) A description of the premises, including the common address of the property; (6) The date the building became vacant, the period of time the building is expected to remain vacant, and a property plan and timetable for returning the building to appropriate occupancy or use and for correcting code violations and nuisances, or for demolition of the building; (7) The status of water, sewer, natural gas and electric utilities; (8) The owner must notify the compliance official of any changes in information supplied as part of the vacant building registration within 15 days of any change; (9) If the property is abandoned or the owner or responsible party fails to complete the registration process, the property will be administratively registered as a vacant property. (b) Property plan. The property plan identified in subsection ____, subd. 5(a)(6) must meet the following requirements: (1) General provisions. The plan must comply with all applicable regulations and meet the approval of the compliance official. It must contain a timetable regarding use or demolition of the property. The plan must be submitted with the Vacant Building Application. (2) Maintenance of building. The plan must identify the means and timetable for addressing all maintenance and nuisance-related items identified in the application. Any repairs, improvements or alterations to the property must comply with the applicable building codes and City regulations. (3) Plan changes. If the property plan or timetable for the vacant building is revised in any way, the revisions must meet the approval of the compliance official. (4) Demolition required. If a building has remained vacant for a period of 365 consecutive days, and the compliance official has not approved an alternative schedule in the property plan, the owner may be required to demolish the building in accordance with City code and State Statutes 463.15-463.26. (c) Non-compliance and notification. If the owner does not comply with the property plan or maintain or correct nuisance items, the City may commence abatement and recover its costs for correction of those items in accordance with City code and State Statutes. In the case of an absent owner and ongoing nuisance items, the City need not provide notice of each abatement act to the owner. A single notice by the City to the owner that it intends to provide ongoing abatement until the owner corrects the items will be sufficient notice. (d) Exemption for snow-birds; neighborhood. Those persons who leave their residential buildings on a temporary basis for vacation purposes or to reside elsewhere during the winter season in excess of 90 sequential calendar days, and have the intent to return within 180 days, are exempt from the registration requirement as follows. Exemption as a "snowbird" will be granted with proper verification and a local agent contact or a no fee vacant building registration form with applicable contact information provided to the City. (e) Fees. The owner must pay an annual registration fee. The registration fee will be in an amount adopted by resolution by the City Council. The amount of the registration fee shall be reasonably related to the administrative costs for registering and processing the registration form and for the costs of the City in monitoring the vacant building site. The fee must be paid in full prior to the issuance of any building permits or licenses, with the exception of a demolition permit. (f) Assessment. If the registration fee is not fully paid within 60 days following the annual registration due date, or within 60 days after any appeal becomes final, the City Council may certify the unpaid cost against the property in accordance with the process set forth in this code. (g) Issuance of permit. Upon completion of the registration process and payment of the fee, the City will issue a Vacant Building Permit to the owner. The owner must securely post the permit on the vacant building on a side or rear entrance door that is not generally visible from the public street. If no side or rear entrance door is available, the permit must be securely posted on another available entrance door on that vacant building. Subd. 6. Change of ownership. A new owner(s) must register or re-register a vacant building within 15 days of any transfer of an ownership interest in a vacant building. The new owner(s) must comply with the approved property plan and timetable submitted by the previous owner. Any proposed changes in the property plan must be submitted and approved by the compliance official. Subd. 7. Inspections. The compliance official may inspect any vacant building in the City for the purpose of enforcing and assuring compliance with this chapter and other applicable regulations. Upon the request of the compliance official, an owner or responsible party must provide access to all interior portions of the building and the exterior of the property in order to complete an inspection. If the owner or responsible party is not available to provide access to the interior of the building, the City may use any legal means to gain entrance to the building for inspection purposes. Prior to any re-occupancy, a vacant building must be inspected by the City and found to be in compliance with the City Code and all other applicable regulations. All application and re-inspection fees must also be paid prior to any re-occupancy of the building. All such fees are set by Resolution of the City Council. Subd. 8. Maintenance of vacant buildings. The owner must comply with and address the following items in the property plan: (a) Appearance. All vacant buildings must be so maintained and kept that they appear to be occupied. (b) Securing. All vacant buildings must be secured from outside entry by unauthorized persons or pests. Security must be by the normal building amenities such as windows and doors having adequate strength to resist intrusion. All doors and windows must remain locked. There shall be at least one (1) operable door into every building and into each housing unit. Exterior walls and roofs must remain intact without holes. Vacant buildings shall be boarded when the building can no longer be secured against intrusion by the closing and locking of doors and windows in accordance with this chapter. (1) Architectural (cosmetic) structural panels. Architectural structural panels may be used to secure windows, doors and other openings provided they are cut to fit the opening and match the characteristics of the building. Architectural panels may be of exterior grade-finished plywood or Medium Density Overlaid plywood (MDO) that is painted to match the building exterior or covered with a reflective material such as plexi-glass to simulate windows. (2) Temporary securing. Untreated plywood or similar structural panels or temporary construction fencing may be used to secure windows, doors and other openings for a maximum period of 14 days. (3) Artistic board-up. With prior approval of the compliance official, artistic options may be utilized to secure a vacant building. (4) Emergency securing. The compliance official may take steps to immediately secure a vacant building at his or her discretion in emergency circumstances. (c) Fire safety. Owners of vacant buildings must comply with the Minnesota State Fire Code (d) Plumbing, electrical, lighting, heating. Owners of vacant buildings must comply with applicable City and state code provisions for the maintenance, repair or removal of plumbing, electrical, lighting, and heating facilities or equipment. (e) Termination of utilities. The compliance official may require that water, sewer, electricity, or gas service to the vacant building be terminated or disconnected. Prior to the termination of any utility service, written notice must be given to the owner if possible, or posted directly at the property, unless an imminent hazard exists because of the utility. No utility may be restored until consent is given by the compliance official. Utilities may be discontinued at the request of the owner or responsible party as part of the approved vacant building property plan. The compliance official may authorize immediate termination of utilities at his or her discretion in emergency circumstances. (f) Owners of vacant buildings must comply with City Zoning code with respect to signage on the property. (g) Exterior maintenance. The owner must comply with all applicable property maintenance regulations and City codes including, but not limited to, the following: (1) Public nuisances. The owner must eliminate any activity on the property that constitutes a public nuisance as defined by City code. (2) Grass and weeds. Any weeds or grass must be no greater than six (6) inches in height. (3) Exterior structure maintenance. The owner must maintain the vacant building in compliance with City code and building codes as determined to be necessary by the code official. (4) Abandoned or junk vehicles. The owner must remove abandoned and junk vehicles from the property. The City may impound such vehicles consistent with the requirements of the City code. (5) Storage and disposal of refuse. The storage and disposal of refuse must comply with the requirements of the City code. (6) Animals. The owner must ensure that all animals are removed from the property and handled in a humane manner. (7) Diseased, dead or hazardous trees. The owner must remove diseased, dead or hazardous trees or branches from the property in accordance with the City code. (8) Graffiti. The owner must remove all graffiti from the property in accordance with City code. (9) Abandoned pools. Swimming pools must be maintained, drained, emptied, and/or secured in accordance with City code. (i) Removal of garbage and refuse. The owner of any vacant building, or vacant portion thereof, must remove all garbage, refuse, rubbish, swill, filth, or other materials from the vacant building and the property upon which the building is located. (j) Police and fire alarm systems. The owner must properly maintain all alarm systems in any vacant building or portion thereof in operating condition; or, discontinue their service unless such service is required by code. (k) Loitering and/or criminal activities. Loitering or engaging in criminal activities is not allowed in the vacant building or on the real property upon which the vacant building is located. The owner or responsible party must not allow these activities and take immediate actions to eliminate these conditions once notified by the City. (l) Emergency abatement. The compliance official may authorize immediate abatement of any public nuisance or maintenance item if, in the discretion of the compliance official, emergency circumstances exist that present an imminent threat to the public health and safety. (m) Other codes. A plan for compliance with all applicable provisions of City code and other applicable regulations. Subd. 9. No Occupancy or trespass. No person may trespass, occupy or reside in, on a temporary or permanent basis, any vacant building without the owner's consent. Subd. 10. Vandalism or removal of items prohibited. No person may vandalize or remove items from a vacant building or the property upon which it is located, including, but not limited to, appliances, fixtures, electrical wiring, copper, or other similar items without the owner's consent. Subd. 11. Appeal. Any person or responsible party aggrieved by a decision under sections of this chapter may appeal to the City Council. The appeal must be in writing, must specify the grounds for the appeal, and must be submitted to the compliance official within ten (10) business days of the decision that is basis of the appeal. Subd. 12. Penalties. Any person or responsible party who violates any provision of this subsection is subject to a misdemeanor penalty and any administrative fees as provided under City code and this subsection. Imposition of such penalties, however, is not deemed to impair other remedies or civil penalties available to the City under this code or state law.