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HomeMy WebLinkAboutPCAgenda_94Jan24PLANNING COMMISSION AGENDA January 24, 1994 7 p.m. ROLL CALL: Kay Andrews _ Tom Brace _ Lee Barry _ Wendy Treadwelt _ Paul Kuettel _ Lisa Lampi _ Ken Salzberg _ 1. CALL TO ORDER 2. APPROVAL OF MINUTES November 22, 1993 3. CITY COUNCIL MINUTES January 12, 1994 4. Introduction of the new planning commissioner, Wendy Treadwelt and council liaison, Sam Jacobs 5. Request for a variance in Chapter 9 § 13.02 Subd. 2(e) in the required ten foot setback for a sign for the Horticultural Society at 1755 Prior . Avenue. 6. Public hearing and action on a request for a conditional use permit by Dr. William Graham on behalf of the property owner Mr. Halstad Wehmann to operate a veterinary hospital at 1546 West Larpenteur Avenue. 7. Discussion of proposed amendments to the comprehensive plan, zoning code, licensing requirements and commercial development moratorium related to the moratorium uses. 8. Schedule workshop with city council to discuss proposed amendments to the comprehensive plan and city code (no attachment). 9. ANNOUNCEMENTS/INFORMATION 10. ADJOURN ~J MINUTES REGULAR PLANNING COMMISSION MEETING NOVEMBER 22, 1993 7:30 P.M. PRESENT: ALSO PRESENT: Kay Andrews Susan Hoyt, Administrator Lee Barry Paul Colton, Planning Intern Tom Brace Peter Bachman, City Attorney Paul Kuettel Paul Ciernia, Council Liaison Ken Salzberg Meeting was called to order at 7:30 p.m. by Lee Barry, Chair. Minutes of September 27, 1993 were approved as written. PUBLIC HEARING ON HOME OCCUPATION CODE CHANGES A public hearing was opened at 7:32 p.m. by Chair Lee Barry regarding the home occupation code. Three changes to the ordinance were presented to the commission to assure that home occupations are permitted in the city, but that they do not detract from the residential character of the neighborhood. The changes as presented to the commission were: 1. Clarify the number of trips per day for business use. Staff suggested a maximum of eight (8) two way trips per day for a particular business. 2. Determine a percentage of the dwelling to devote to the home occupation. Staff suggests 20%, which is 400 square feet in a 2,000 square foot home. 3. Eliminate the conditional use permit for home occupations that do not meet the home occupation requirments. This conditional use permit places the city in a position of defining conditions for a possible home occupation. If the conditions are met, the home occupation must be approved. Staff recommended including the line that disabled persons may apply for a waiver of condition through a conditional use permit if the proposed use does not meet the code. After brief discussion, Ken Salzberg moved to adopt the above three recommendations to Chapter 9-14.01 of the city code relating to the home occupation code and Paul Kuettel seconded the motion. • The public hearing closed at 7:50 p.m. Page 2 Planning Commission Minutes November 22, 1993 DISCUSSION OF USES UNDER THE COMMERCIAL DEVELOPMENT MORATORIUM Due to lack of a quorum at last month's meeting, discussion continued regarding direction to proceed with the proposed eight uses in the commercial development moratorium. During the past month, staff gathered additional information pertaining to ways that the city's zoning code may be changed to address each of the the eight uses. Paul Colton, planning intern, and Susan Hoyt, city admdinistrator, proceeded to inform the commission of the findings of the staff research and commissioners questioned and discussed the findings with each other and with Susan Hoyt, Paul Colton and Peter Bachman, city attorney. Commissioners' direction to staff was to proceed with drafting the proposed changes into the zoning code and presenting it to them at a future time. Peter Bachman also said these changes should be made in the city's comprehensive plan. CHANGE IN MEETING DATE FOR DECEMBER AND TIME CHANGE FOR FUTURE MEETINGS Susan Hoyt asked the commission if they would prefer to meet on December 20th rather than December 27th to which they all agreed. Additionally, commissioners agreed to a permanent time change at which to begin future meetings from 7:30 p.m. to 7:00 p.m. Meeting adjourned at 8:45 P.M. Susan Hoyt, City Administrator/Planner Patricia Phillips, Recording Secretary • MINUTES ~`~ t f . ~, ~~ f { REGULAR CITY COUNCIL MEETING `-`~ "" ~ ~; 'i ^~ JANUARY 12, 1994 At 7:00 p.m. Baldwin administered the oath of office to Councilmembers Sue Gehrz and John Hustad. The regular council meeting was convened by Baldwin at 7:15 p.m. MEMBERS PRESENT Baldwin, Gehrz, Hustad and Jacobs. Also present were Bachman, Chenoweth and Hoyt. MEMBERS ABSENT Gibson Talbot.. MINUTES OF 12/16/93 APPROVED Council approved the Minutes of December 16, 1993 by unanimous consent. CONSENT AGENDA ITEM C-3, COUNCIL ASSIGNMENTS, MOVED FROM CONSENT TO POLICY AGENDA Gehrz requested that Item C-3, Council Assignments, be removed from the Consent Agenda and placed on the Policy Agenda. Council concurred. CONSENT AGENDA APPROVED Council approved the following Consent Agenda by unanimous consent: 1. Licenses (see attached list) 2. Adoption of Resolution R-94-O1 Designating Official Depository for 1994. 3 Designation of official newspaper for 1994 4. Commission appointments and reappointments (see attached) 5. Affirmation of city council standing rules 6. Adoption of Ordinance 0-94-01, An Ordinance Adding Section 2-3.04, Emergency Operations Plan To The City Code 7. Adoption of Ordinance 0-94-02, An Ordinance Amending Section 5-3.06 Of The City Code Relating to Open Fires 8. Authorizing purchase of a computer from PC Tailors for $1,355 to be funded from 1994 administrative capital funds :7 • ~- ~~; -, s~ ~. MINUTES ~~~~ ~ ' ~ _ ~~ ~~~ =~' JANUARY 12 , 19 9 4 '~-` ~ ~ `~. }~' r.= PAGE 2 9. Authorizing partial payment No. 4 in amount of $145,648.08 to Frattalone Construction for the 1993 street project and approval of the certificate of substantial completion PROPOSED RESOLUTION RELATING TO COMMISSION TERMS AND QUALIFICATIONS Hoyt reviewed the proposed resolution and explained the purpose which is to allow commissions some flexibility in establishing regulations regarding composition, residency requirements and terms, and yet be compatible with the city code regulations. Bachman amended some of the wording in the resolution to make it legally acceptable after which Gehrz moved adoption of Resolution R-94-02. Motion carried unanimously. DISCUSSION OF CHANGES TO RENTAL AND USE OF PARK FACILITIES • Parks and Recreation Director Carol Kriegler explained the need to make changes in the rental and use policy to simplify and facilitate use. She recommended eliminating designated shifts and provide the opportunity to rent the buildings for any 6 hour shift per day and that the use category be amended to make all informal groups which promote the building of community exempt from rental fees. A discussion followed after which council concurred that the matter be deferred to a future workshop to examine the issues at length and draft criteria for use and charges. A workshop was scheduled for January 26, 1994 immediately following the regular council meeting. UPDATE ON GROVE PARK IMPROVEMENT AND ICE SKATING RINK SEASON Kriegler reviewed the improvements at the Grove Park including the newly installed shelter and lighting. She indicated that a few items remain to be completed which will be done in the spring. Kriegler indicated that the ice rinks are now in good condition and are being put to use after a slow start due to warm weather. COUNCIL ASSIGNMENTS APPROVED Gehrz indicated that she is unable to attend the Chamber of Commerce meetings and questioned whether or not she should be appointed liaison to that organization. Baldwin asked that she MINUTES JANUARY 12, 1994 PAGE 3 ~. -,.. 3r."y.~. ~.. rya _ remain in that position to be the contact person for the Chamber and that Hoyt would attend the meetings. The assignments were approved as presented with minor corrections. ADJOURNMENT The meeting was adjourned at 8:06 p.m. Tom Baldwin, Mayor C~ ATTEST: Shirley Chenoweth, City Clerk Planning Commission Date: 1 /24/94 Agenda Item: 5 Item: Request for a variance in Chapter 9 Section 13.02 Subdivision 3 (el, the front yard setback requirement for a sign at 1755 Prior Avenue North in a B-2 Commercial Zone. Submitted By: Mr. Don Holmquist, Director of the Minnesota State Horticultural Society, on behalf of the Minnesota State Horticultural Society. Reviewed By: Susan Hoyt, City Administrator Paul Colton, Planning Assistant Explanation/Description: Mr. Don Holmquist, Director of the Minnesota State horticultural Society, on behalf of the Minnesota State Horticultural Society, is requesting a variance in the front yard setback requirement for a permanent sign for the Minnesota State Horticultural Society located at 1755 Prior Ave. North. • According to the zoning code Mr. Holmquist may erect a sign that is ten (10) feet from the front property line as long as it meets height and area requirements. The sign he proposes has six (61 foot high posts, which are four (4) feet apart on which the sign is to be attached. The signs dimensions are four (4) feet by four (4) feet (total of 16 square feet) with two feet of open space below the bottom of the sign. The size of the sign meets the code requirements in height (less than 10 feet) and square footage allowed for the building. Mr. Holmquist is requesting that the sign be erected two feet from the east side property line. This placement of the sign will allow it to remain visible from the street and will keep the organization from placing the sign in the parking lot which would take up valuable parking space, and create additional difficulties for removing snow. The sign will be located in the grassy area in front of the parking lot, halfway between the side lot lines. The sign face will be seen by northbound traffic on Prior Avenue. Only that side of the sign seen be traffic will be illuminated (internally). The front of the sign will face the rear parking lot of Hewlett Packard Inc. across Prior Avenue. The side of the sign may be seen by townhouse neighbors, 1747 and 1748 Prior Ave., from their respective porches (the sides of the sign are not illuminated). The rear of the sign will be visible to Factual Data, 1781 Prior Ave., however, the back side of the sign will not • be illuminated. No neighbors responded to the notice of the variance as of this writing. Recommendation: It is reasonable to grant the variance for the sign because it assures the maintenance of an existing parking place (in an already limited parking area) and it provides identification for the Horticultural Society. Attachments: A. Proposed Resolution B. Site Plan C. Sign layout and dimensions Action Requested: Approve the variance by adopting a resolution that it meets the attached standards for granting a variance especially 9-13.02 (c). ATTACHMENT S-1 No. CITY OF FALCON HEIGHTS P L ANN I N G C O M M I S S I O N R E S O L U T I O N Date: 1 24 94 RESOLUTION GRANTING A VARIANCE FOR 1755 PRIOR AVENUE On January 24, 1994, the Falcon Heights planning commission recommended granting the following variance requested for 1755 Prior Avenue: Chapter 9 §13 02(3)(e) in the Sian code setback. A variance of 8 feet in the east side property line. • The planning commission adopted the following findings for recommending the granting of the variance at 1755 Hamline Avenue: a. That the amendment to the variance will not be detrimental to the public welfare; b. That the amendment to the variance will not substantially diminish or impair property values or improvements in the area; c. That the amendment to the variance is necessary for the preservation and enjoyment of substantial property rights; d. That the amended variance will not impair an adequate supply of light and air to adjacent property; e. That the amended variance will not impair the orderly use of the public streets; and f. That the amended variance will not increase the danger of fire or endanger the public safety. ~I II II II II II ~ II II ct II ~ ~ II ^ C~ ~ _ 6 ~ ~. ~ II ~ G y ~, II II z o ~ -~ 3 ~s II ,~ W ~ - ~ \ 3 c~ ~ U II IIQ ~ d `.' I. i• 4 ~. ii. • II IIN II L_L._ II II O I I it NN II L..L._ II I__L II II II II II II II II II .~i~ I II II it II II' II II II II II II II II 4 // %~ // ~~ ,, ~- ~. u i u I I - ;~ Via,`' II ~ _ 'G. ~~ i I ' ~ ~ ~~ ~ I i:.°~ ~ ~ i ~~~ t I I I fp. _' 4 ..~ . II t `- II ~ II II ~ ~ II c- `~° ~ ~ I I ~ r ~- _ ' ,f -a.. ~ II . - II 111 - Qr.. 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Graham, DVM Halsted Wehmann, property owner Reviewed By: Susan Hoyt, City Administrator Paul Colton, Planning Intern Dr. William E. Graham is proposing to operate a small elective veterinary hospital (primarily spay and neuter services) at 1546 West Larpenteur Avenue in Northome Center (see attachment 1). The use is not a permitted use, but is a conditional use in §9-10.01 [2] (n) of the zoning code. A conditional use goes with the property, not with the proprietor. The conditional use must be approved by the planning commission and city council if the property owner demonstrates to the council's satisfaction the conditions governing it are met (see attachment 2). The staff report describes the key items that must be met and the proposed conditions for granting this permit. Attachments: 1. Description of proposed veterinary hospital 2. Conditions governing approval of a conditional use permit S. Staff report Action Requested: 1. Hold public hearing on conditional use permit 2. Discuss permit application and proposed conditions 3• Approve permit with conditions p- ~-~~ ~ -- ~ • Planning Commission Dec. 12, 1993 Re: Planned Spay/Neuter Veterinary Hospital The planned Veterinary Hospital will be owned and operated by William E. Graham DVM and Wendy J. Elert DVM. `tee-~t~v'e lived in the Falcon Heights-St. Paul area for over 30 years and have been practicing veterinary medicine in the Twin Cities metro area a combined 14 years. `3~Fe currently own a home and are raising ~~r 3 children in Falcon Heights.. Recent Veterinary economic publications have indicated the viability and advantages of small elective-surgery Veterinary Hospitals. A recent market study has shown that the area has a need for and could support such a Hospital. The planned Hospital will be 800 sq. ft. and located at 1546 Larpenteur Ave. W. There are several aspects of a Veterinary Hospital that need to be considered: 1. Employees: The Hospital will be staffed with 2 - 4 employees. The staff would be as follows: Veterinarians 1 - 2 Technicians 1 _ 2 2. Hours: M-F 7:30 am - 6:00 pm Sat. 8:00 am - 12:00 pm 3. Parking: There are three (3) spaces in front of the Hospital and approximately thirty (30) spaces on the north side of the center. The Hospital will be limited to approximately 4 to 10 surgeries per day and pets will be dropped-off and picked-up on a scheduled bass. There should be no more than two to four (short term) client cars at the Hospital at one time. 4. Noise: This is a primary concern in a typical Veterinary Hospital because of the potential for barking dogs. However, because of the low numbers of "patients" and the routine use of pre-anesthetic tranquilizers, noise generation will be minimal. In addition, the kennel area will have additional soundproofing in the interior walls. 5. Odors: The nature of a Spay/Neuter Hospital will also minimize odor production. Pets will be fasted for 12 hours and } exercised at home prior to being hospitalized. In addition, the kennel • will have a separate exhaust fan. 6. Boarding: There will be no boarding at the Hospital. Only hospitalized and recovering pets will stay in the Hospital. The length of stay will depend on the condition of the pet. Current plans would allow for a maximum of eight (8) pets as follows: 2 Large, 3 medium and 3 small.. 7. Biological waste: There are no regulations pertaining • to this waste. Current standards are to dispose of the waste in the trash. 8. Hazardous Waste: State: Regulates the disposal of sharps. All sharps will be stored in a regulation container and transported off premise by a licensed transporter. If you have any questions or concerns please contact us. Phone 659-9439 Sincerely, William E. Graham DVM Wend E~ert DVM ~ti i~ o• i s • Information Provided By: 'Minnesota Depamnent of Transportation 1988 Traffic Count ~, c o~ C. C U O O N M 1 x,000 cars per day Larpenteur Avenue ~ 14,500 cars per day Lar.penteur Avenue 1 ~ ,000 cars per day e.~ 'V -~ ... .-.. C 4) ~. c.; C U O O N M • • EXHIBIT A DRAWING OF APPROXIMATE LOCATION OF PREMISES IN RED ~I ~~ ~~ J ' • ~ _. _~ S:: • • N KECE ar~a~, ..~, ;' ~ . _.~ _ _ ... ,-_ 1= _ -- • --__..._ .i ~ i SuRGER`~ PnEP Cf1GES ~ I j -._. ..... .._._. _~__` ...._..L. \ ,~ I G • ~ u~' o O i t S~IRGE RY 6.g., i `~*~ - ~ . 2'f~' S4-or.~c~w fir. ~E' ,f ~ a1 u,~ - - . . Ir i ~.: B ~ ---~ - '' r I~~o -; ~~,6„ i• / ,, f • 1992 Generator Infectious Waste Management Plan Biennial Renewal .,:~~ sue;,. ~ ~ ~ ~ l ;'+1• ';, MINNESOTA DEPARTMENT OF HEALTH Environmental Health Division Infectious Waste Control Unit 1992 GENERATOR'S INFECTIOUS WASTE MANAGEMENT PLAN • A person may prepare a common management plan for all generating facilities owned and operated by the person. If a single plan is prepared to cover multiple facilities, the plan must identify common policy and procedures for the tacilities and any management procedures that are facility specific. The plan must identify each generating facility covered by the plan (Minn. Stat. § 116.79 subd. 1 [a]). List all generating facilities covered by this plan. t~-~c G© r~ _ - - _. ~ List all nongenerating facilities owned and operated by the generator (i.e., bitting offices, nonembalming mortuaries). _ • Describe what activities, programs and locations at and associated with the facility generate infectious or pathological waste). ~ \ . Person responsible for the management of infectious waste__(y.,2 `x.11 `~w.fi . -- Phone number ( (p~q - ~ The management plan must describe, to the extent the information is applicable to the facility (Minn. Stat. § 118.79, subd. 1 [bJ): The type of infectious waste and pathological waste that the person generates or handles (Minn. Stat. § 116.79, subd. 1 [bl [1 ]). 1. Type of waste generated: (check all that apply) [ ]Laboratory Waste Sharps [ ]Stood [ ]Research Anima! Waste • ( ]Regulated Body Fluids [ ]Pathological Waste The segregation, packaging, labeling, collection, storage, and transportation procedures for the infectious waste or pathological waste that will be followed. (Minn. Stat. § 116.79, subd. 1 [bj j2]) 2. Segregation. All untreated infectious waste must be segregated from other waste material at its point of generation and maintained in separate packaging throughout collection, storage, and transport. Describe the facility's procedure for segregationH~! ( L • I 0 ~.•r Dlu ~ eel i .n or ~ „n/r~-.~ re3 , 5 c, ~'7~" /~l~rs c.. So. /J p.o~;?' -_-' ~~.•~e- 3. Packaging. Infectious waste must be packaged, contained, and transport?d in a manner that prevents release of the waste material (Minn. Stet. § 116.78, subd. 1). Sharps must be placed in puncture-resistant containers (Minn. Stet. § 116.78, subd. 4). Describe the facility's procedure for packaging: ~~ II a ~ - i or-pie <<. 1 C , v„~ ~ uK 1 ~- tt r I II ~~// ~C~ MPi'[Y.Oc:~ f~jCr51' ~c O~•rrc?<v!'Q. - re5 aS rant" cc::~ 1'u~rt_2/ „/~ /ItZ I L ~./ "rU ,' l I Lan /%1~ r~~rV /['L fG1L, ~,'~[(/, ~Y~Z `. /'NYC; 67i)II oC r'/GCFGI ~n ~,S ~<,.r,P_ /cn 1-.~i•-•Pai ifT ~+! ~..-1e 6• ~ic'4irl.G~,crr 4. • t.abeling. Al! bags, boxes, and other containers used to collect, transport, or store infectious waste must be cieariy labeled with a biohazard symbol or with the words 'infectious waste' written in letters no less than one inch in height (Minn. Stet. § 116.78, subd. 2). Describe the facilitv's procedure for labeling: l.'.-•i-afners 5. Collection. Containers which have been in direct contact with infectious waste must be disinfected prior to reuse. Infectious waste may not be compacted or mixed with other waste materials prior to incineration or disposal. Compaction is acceptable only if it is part of an infectious waste system, approved by thz commissioner of health or the commissioner of the pollution control agency, that is designed to prevent exposure during storage, transportation, and disposal (Minn. Scat. § 116.78, subd. 3 and subd. 7). Describe the facility's procedure for the collection of infectious and pathological waste within the, facility: -PC the S~~ e~-~,~,. ~~ ~ C ~, ar a. .~ a T-~`~ . 2 6. Storage. Infectious and pathological waste must be stored in a specially designated area that is designed to prevent the entry of vermin and that prevents access by unauthorized persons (Minn. Stat. § 116.7s, subs. s>. , Describe the facility procedure for storing infectious and pathological waste: I Yf. 7. Decontamination and disposal on-site. The management plan must identify any method of decontamination of infectious or pathological waste that takes place on-site (tiiinn. Stat. § 116.79, subd. 1 [b][3]). Decontamination method: /L ~ f q / ~.t /c, The management plan must identify the method used for any on-site disposal (Minn. • Stat. § 1 16.79, subd. 1 [b] [3]). Disposal method:// / JJ • ~n~ q /r Cu ~/~ 8. Incineration on-site. A person who incinerates on-site must submit an attachment to the generator's management plan detailing the incinerating operation (Minn. Stat. § 116.79 subd. 4 [a]). Do you incinerate on-site? [ ]Yes ~ No If yes, attach a copy of the management plan submitted to the Minnesota Pollution Control Agency to this management plan. :J ~. 9. Transporters and off-site disposal. The management plan must identify the transporters and disposal facilities that will be used for the infectious waste (Minn. Stat. § 116.79, subd. 1 [b][4]). . Complete the appropriate information: [ ]Self transported (]Transported by another generator [ f] Comme~rc)ial transporter Names ~/ ~- ~ i.. ~i~'R~ ~c? ~ ~G~-h`~-'''~ ~~ Address ~ f N~> _:~ . -City 1¢.cn.~Y~ S.~~Mc~ State f3'1~, Phone Number t~i~ '-l'-('rt-1~3~_ Contact Person ~-- ~`~ 7 Other transporters or storage facilities Address Cdy Phone Number { ) - Disposal facility i• State Contact Person Address Cam. Phone Number L ,~ - Contact Person Contingency system ~ u r a State / ~Pr iS ~-0,.-.1 10. Training program. The management plan must identify the steps that will be taken to minimize the exposure of employees to infectious agents throughout the process of disposing of infectious or pathological wastes (Minn. Stat. § 116.79, subd. 1 [b][5]). Do you provide annual Employee Right-To-Know training? [ ]Yes [~] No Date last offered / / Describe and/or attach relevant information: 1 tcv, , ~ ear a ~;.-., ~vI/re ~o~ e/e~ J.~ ~ ~ // ,f L " I7G i ~/,j { ,S (G~ uH" /OCC'P yr u: , ~/ i• 4 G~uarttity. To the extent applicable to~the facility, management plans must be accompanied by a statement of the quantity of infectious and pathological waste generated, decontaminated, stored, • incinerated, or disposed of at the facility during the previous two-year period. Quantities must be reported in gallons or pounds. (Minn. Stat. § 116.79, subd. 1 [d]) Complete the following information for each generating facility stating whether gallons or pounds: Generated (total) Decontaminated on-site Disposed of {sewered} Stored on-site (maximum at any one time) Incinerated on-site Disposed of (transported off-site) i• -, z~ Signature per n ~C~ ~~ 7w Tiff e i• Infectious, Waste ~tholc~ical Waste h r ~- _~ __~ -- - ifi /" _~-- `_ ~~_ ~ ~~~ ~ ;ib a for the fa 't~ /(ies) Phone Number Date 5 ~.~n~nGlli['11'w~S ~lQ,rn c ~ Gl '~ C~OPL l cov11 wi `~- PLANNING & DEVELOPMENT 9-15.04 Sub~t~wstw, 3. ~a> (1) The land area and setback requirements of the property containing such muse or activity meet the minimums established for the district. ' (2) When abutting a residential use, the property. shall be screened and landscaped. (3) Where applicable,-all City, county, state and federal laws, regulations and ordinances shall be complied with and all necessary permits secured. (4) Signs shall not adversely impact adjoining or surrounding residential uses. (5) Adequate off-road parking and loading shall be provided. Such parking and loading shall be screened and landscaped from abutting residential uses. (6) The road serving the use or sufficient design to accommodate activity, and such use or activi such additional extra traffic as or hazard to existing traffic or use. activity must be of the proposed use or ty shall not generate to create a nuisance to surrounding land • (7) All access roads, driveways, parking areas, and outside storage, service, or sales areas shall be . surfaced or grassed to control dust and drainage. (8) All open and outdoor storage, sales and service areas shall be screened from view from public streets ~: .and from abutting residential uses or districts. (9) All lighting shall be designed to prevent any direct source of .light being visible from adjacent residential areas or from the public streets. (10) The use or activity shall be properly drained to control surface water runoff. (11) The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting inf luence. (12) The proposed water, sewer and other utilities shall be capable of accommodating the proposed use. • 126 PLANNING & DEVELOPMEN3'-9-15.04 ~~ \__J (13) That the proposed use conforms to the _ comprehensive municipal plan. Such a finding shall be based upon the following considerations: (a) That certain uses may not be considered appropriate within the interior of residential neighborhoods because of noise, traffic, or other • conditions that would tend to affect adversely the residential character of the neighborhood and possible reduce property values.. These uses are considered appropriate only on the periphery of residential neighborhoods, or under such conditions as the Planning Commission may deem proper. The uses may represent "buffer" uses for those areas lying between single family dwellings and non-residential uses. (b) That certain uses are considered, as a rule, unsuitable in Business Districts because of inherent business characteristics (e.g. traffic, noise, glare), proximity to residential areas, the fact that they tend not to serve nearby residential areas, or may adversely affect nearby permeated business uses. (c) That certain uses are considered generally unsuitable in Industrial Districts, because of conditions that would tend to discourage other industrial development in the vicinity. These conditions include noise, vibrations, dust, glare, • unsightliness or similar nuisances. Certain other industrial land uses are considered generally inappropriate because they represent under-utilization of land. This,. in turn, means a low tax return from land that under fuller development would be contributing needed revenue to the community's tax base. Such uses, however, may be considered as temporary uses. (d) That certain temporary uses that are generally not suitable within a particular zoning district are potentially suitable on a temporary basis. This may be due to the lack of .development on existing property, to a short-term need (such as highway construction), or to a limited degree of adverse effects, upon adjacent land use. • ~ These standards shall be strictly applied unless it is found in the particular case that the community safety, health and welfare can as well 127 PLANNING & DEVELOPMENT 9-15.84 .~ ;. . or better be served by modifying them. Any special requirements applicable to the particular case which are imposed elsewhere in this chapter shall be met in each case. When applications are reviewed by the Planning Commission but acted upon the City Council, the Planning Commission shall recommend to the City Council whatever action it deems .advisable, including all recommended conditions on the granting of the conditional use permit.. Subdivision 4. Action: In acting upon applications for conditional use permits, the planning commission or city council shall consider the effect of the proposed use upon the health, safety, morals, comfort, convenience and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, including parking facilities on adjacent sites. When applications are reviewed by the planning commission but acted upon by the city council the city council may hold whatever public hearings it deems advisable or may return the application to the planning commission for further consideration. .:: (a) Approval: If it is determined that the general and special requirements of this chapter will be satisfied by applicant's plan, the City may grant such permit and may impose conditions relating to the general and special requirements in each case, ~~- including durational conditions. (b) Denial: Conditional use permits may be denied by resolution. Such resolution shall state the reasons for denial, but may incorporate by reference the minutes and recommendations of the Planning Commission, staff reports, hearing testimony and any other material relevant to the decision. Subdivision 5. Termination: If compliance with all of the conditions of the conditional use permit have not taken place within the time prescribed by the City, the permit is deemed terminated, unless the Council, in its sole discretion, extends the time for compliance for an additional permit not to .exceed one year. Any violation of a continuing condition shall be grounds for revocation of the conditional use permit, after notice of violation served upon the permit holder in the manner of a civil summons at least 10 days prior to hearing, and upon the ~:;. 128 MEMO DATE: January 24, 1994 TO: Planning Commissioners FROM: Paul Colton, Planning Intern RE: Request for a conditional use permit 1546 West Larpenteur Avenue under §9-10.01[3](1) zoning code. of the The applicant's description of the proposed veterinary clinic for 1546 West Larpenteur Avenue clearly describes the proposed use, its hours of operation, staffing, parking and health & sanitation issues. Since the proposed use is within an existing shopping center and it will not generate excessive noise or traffic, the site conditions governing a request • for a conditional use permit are met if there is enough parking. Under §9- 13.04[6l(r){26} of the city code, three parking spaces are required plus one space for every 200 square feet (4 spaces), for a total parking budget of 7 spaces. It appears that ample parking is available for this activity given the low volume of customers for this services per day combined with a quick turnover rate in parking. As part of the conditional use permit procedure all property owners within 350 feet of the proposed business were notified by mail of the public hearing and a legal notice was published in the local paper. As of this writing no calls or letters of complaint have been received regarding this proposal. Since the proposed business meets the requirements for being granted a conditional use permit (attachment 2), staff recommends that such a permit be granted with the following conditions that control the size of the operation, the health, sanitation, noise and odor associated with a specialized veterinary hospital. These proposed conditions are: • 1. Operate a veterinary hospital with a maximum of four employees. Memo -CUP Vet Hospital • 1 /24/94 Page 2 2. Adhere to all animal welfare laws in chapter 343 of the Minnesota state statutes. 3. Maintain a clean environment inside and outside the business with sanitary disposal of all wastes, cleaning up after clients on the walk and in the parking lot as necessary. 4. Keep the business within the building except for the coming and going of clientele. No outside cages, kennels, or exercising of animals. 5. Soundproof the kennel area and restrict sound to the business without affecting neighbor businesses. 6. Control odors in the kennel with exhaust fans. • 7. Limit hospital stays to recovering animals with a maximum of eight pets to stay at one time -two large, three medium, and three small. (Most animals come and go on the same day as their surgery.) 8. Dispose of hazardous waste as regulated by the county and state. Planning Commission Agenda Meeting date: 24 January 1994 Item: Proposed revisions in items related to the city's commercial development moratorium Submitted by: Susan Hoyt, City Administrator Reviewed by: Being reviewed by Peter Bachman, City Attorney Explanation/Description: The attached material reflects the proposed changes in the city's comprehensive plan, zoning code, licensing requirements and commercial development moratorium to accomplish the planning commission's direction on handling the uses included in the city's commercial development moratorium. These amendments are based upon the staff memo dated 18 November 1993 (Attachment 1). ATTACHMENTS: • 1 - Staff memo dated 18 November 1993 2 - Summary of proposed changes to address moratorium uses 3 - Proposed amendments and changes Action requested: 1. Review and discuss the proposed changes 2. Revise as desired 3. If ready, schedule public hearin on acka a of amendm 9 P 9 ents t'~ x ~ pct ~ C~`~"' ~... • City of Falcon Heights Memorandum DATE: 18 November 1993 TO: Planning Commissioners FROM: Susan Hoyt, City Administrator RE: General recommendations for proceeding with some specific uses included under the commercial development moratorium INTRODUCTION Staff research over the past months suggests ways that the city's zoning code may be changed to address each of the eight uses included in the city's commercial development moratorium. PROPOSED CHANGES IN THE BUSINESS DISTRICTS 1. Re -title the B - 3 district from the Snellin /Lar enteur Business District to the Snelling and Larpenteur Community Business District. • Suggests a district that is more expansive than the B-1 Neighborhood Business District, more shopping center and retail oriented than the B - 2 Limited Business District and not as expansive as many cities' general or central business districts. 2. Rewrite the ur ose statements of the commercial districts • Review all purpose statements to make sure they are consistent and describe some of Falcon Heights's unique circumstances. • In the B - 3 District identify the need to maintain a safe, secure environment and minimize impacts on surrounding residential neighborhoods like Bloomington's B - 2 district (second lowest of 13 commercial districts). The Bloomington purpose statement is: To provide for and encourage compact centers for retail sales and services by grouping businesses into patterns of workable relationships; to minimize the blighting influence on surrounding residential neighborhoods by limitations and control of uses • 1 . permitted; to exclude highway oriented and other businesses that would tend to disrupt the shopping center or its circulation patterns or tend to disturb neighborhood stability. 3. To maintain a sense of security in the B-3 district, only include permitted and conditional uses that do not create or require substantial police involvement or surveillance. When possible, adopt conditions to minimize or eliminate these impacts (see attachment A). • Limit the hours of operation for financial institutions to weekdays 8:00 AM to 6 PM with Saturday 8 AM until Noon. Drive-through windows and instant cash machines should require a conditional use permit. • Limit pool and video game activity to a secondary use in the bowling alley with defined # tables/square feet. • License therapeutic massage businesses 4. Keep permitted and conditional uses in the B-3 district consistent with uses in other cities' similarly zoned districts. (Information related to Bloomington, • Edina, Richfield and Minneapolis because these cities most specifically regulate for these moratorium uses.) Do the moratorium uses appear as permitted uses in zones with a similar purpose. • Pawnshops: not permitted in zones with this purpose. Typically included in zones with greater highway access (along freeway) or in downtown Minneapolis. Richfield has a distancing requirement of 250 feet from any residentially zoned district. They are not permitted in any Edina commercial district. Use is available in nearby cities. • Precious metal dealers: not permitted in zones with this intent. Richfield defines them as secondhand stores. Use is available in nearby cities. Coin/stamp stores: may be included. in these districts. Requires its own definition if permitted separate from precious metal dealer. • Secondhand store: using Richfield's definition, it is not permitted in zones with this purpose. Richfield's definition restricts secondhand stores to those stores that must keep property records for the police. These stores sell used: - Items with a serial number C - cameras 2 • - electronic equipment, including but not limited to audio equipment, video equipment, computers and computer related equipment - precious jewelry or gems, and precious metals (including precious scrap metals) - artist signed or artist-attributed works of art - guns All precious metal dealers would fall under the definition of secondhand store or pawn shop (if they pawn) unless defined as a coin/stamp dealer. ` All other secondhand retail stores are considered general or specific retail businesses. They are not considered secondhand. Secondhand stores are available in nearby cities. • Therapeutic massage: permitted in zone's with this purpose (see number 3). • Check cashing: permitted in a zone's with this purpose (see number 31. • • Adult uses: not permitted in zones with this purpose.' Requires distance requirements that cannot be met in Falcon Heights. Use is available in nearby cities. Minneapolis is 1,000 feet, Bloomington 500 feet, Ramsey 1,000 feet from a residential zone. • Pool hall and game arcades: see conditions under number 3. • Offices: review office use as to how it fits into the B-3 zone's purpose. 5. Under the general requirements of the zoning district, require businesses to meet aesthetic conditions that guarantee a visual sense of security and easy accessibility. • No bars on doors and windows during businesses hours. • No security locked doors that require ringing or requesting entry • No interior automatic security locked doors or areas • City ordinances do not permit on-going outdoor storage or displays of merchandise outside the business. • 3 C7 • • Attachment 2 • SUMMARY OF PROPOSED CHANGES RELATED TO THE COMMERCIAL DEVELOPMENT MORATORIUM 15 January 1994 1. Proposed revisions to the comprehensive elan related to the Snelling/Larpenteur Commercial Core: • Clarify that the district intends to serve community only • Note limited amount of commercial space in city (1.8% of total land area) • Note proximity of businesses to residential uses (All businesses are within 250 feet of homes and some businesses are within 50 feet of homes.) • Note availability of uses that serve a larger consumer area in the neighboring cities of Roseville, St. Paul and Minneapolis • 2. Proposed zoning code amendments: a. Amend the definitions section to include: • Adult uses land related terms) • Financial institutions • Pawn shop • Philatelic (stamp) store • Precious metal dealer (and related terms) • Second hand goods store • Therapeutic massage (and related terms) b. Amend the B - 3 district by changing the name of the Snelling/Larpenteur Business District to become the Snelling and Larpenteur Community Business District L 1 • c. Amend the B -1, B - 2 and B - 3 purpose statements • include limiting and controlling uses to serve the community and maintain the quality of the nearby residential neighborhoods d. Amend the 6 - 1, B - 2 and B -3 permitted uses, conditonal uses and accessory uses • B-1 Permitted: - coin and philatelic (stamp) store Conditional: - second hand goods store (according to new definition) Accessory: - limited sale of used merchandise (e.g. trade-ins) • B-2 Permitted: • - added hours of operation to financial institutions • B-3 Permitted: - bowling alley - coin and philatelic store - therapeutic massage - remove general merchandise stores (too general - captured elsewhere) - added hours of operation to financial institutions - Option -precious metal dealer without pawning and with precious metal dealer license and fees to cover security conditonal: - second hand goods store (according to definition) (currently grandfathers in the computer store) • 2 • Accessory: one pool table per 2,000 square feet of bowling alley not taken up by lanes and 1 video/automatic game per 300 square feet of bowling alley not taken up by lanes - limited sale of used merchandise (e.g. trade-ins) e. Additional requirements in B - 1, B - 2 and B - 3 commercial districts: • No bars on doors or windows during business hours • No automatic interior or exterior security lock doors that require requesting exit or entrance during business hours • No exterior storage of merchandise except for landsape materials associated with a nursery business • No exterior sales of merchandise except for three days twice a year as a sidewalk sale except for landscape materials associated with a nursery businesss • 3. Proposed licenses to accompany business uses: • Therapeutic massage license • Option -precious metal dealer license (51,500 investigation fee; 5 2,600 annual license fee; no lending or pawning) 4. Report on the secondary impacts on adult uses and proposed findings related to secondarv impacts of adult uses • 3 • 5. Proposed amendment to the commercial development moratorium including the removal of the following uses from the moratorium: • adult uses • check cashing facilities • pawn shops • personal service establishments including therapeutic massage • precious metal dealers • second hand goods stores • pool halls and automatic/video game arcades Extension of the moratorium on: • stores that sell firearms and ammunition (Staff is continuiing to study this use.) • • 4 24 JANUARY 1994 Attachment 3 PROPOSED CHANGES TO: 1. COMPREHENSIVE PLAN ELEMENT: Commercial and Business Areas 2. ZONING CODE a. Definitions b. B- 1, B-2, B-3 3. LICENSING a. Therapeutic massage enterprise license b. Option -precious metal dealer license 4. FEES a. Therapeutic massage enterprise investigation fee; license fee b. Option -precious metal dealer investigation fee; license fee * 5. REPORT ON THE SECONDARY IMPACTS OF ADULT USES AND PROPOSED FINDINGS RELATED TO ADULT USES 6. AMENDMENTS TO THE COMMERCIAL DEVELOPMENT MORATORIUM a. Remove adult uses, check cashing facility, pawn shop, personal service establishments including trerapeutic massage, precious metal dealer, second hand goods store and pool hall and vido game arcade from the moratorium. b. Extend the moratorium on stores that sell firearms and ammunition due to additional research about the applicability of • zoning to this use. * Under review • 1. COMPREHENSIVE PLAN ELEMENT: COMMERCIAL AND BUSINESS AREA • • COMMERCIAL AREAS/BUSINESSES (Page 26 of the Comprehensive Plan) Plan Elements Based on the lack of a vacant land resource and the adequacy of commercial. services in the general market area, the City of Falcon Heights does not intend to create additional commercial areas. Instead, it intends to improve and redevelop existing commercial business areas, particularly the Snelling/Larpenteur Commercial Core, in a manner that is in keeping with competitive contemporary retail/service standards of design and quality for a community oriented business district while minimizing impacts on ad acent residential areas ..... ......... .. .. The Land Use Plan establishes three categories of commercial/business use including the Snelling/Larpenteur Commercial Core, Neighborhood Convenience and Limited Business as follows: Snelling/Larpenteur Commercial Core This embraces all four quadrants of the intersection of Larpenteur and Snelling Avenues where it is the intent of the City to see the core improved as the community's only major commercial/shopping center. It is intended that the core maintain its mixed use character, that it be substantially upgraded and redeveloped, as appropriate, to improve its commercial viabilit ~~~~~~~>~~~~ri:~z~~~:'~`<?<> ~:<~~~"-:~~>.::.;;:: <.:.: An exception may include the expansion of the Prior Avenue Limited Business area westerly to Cleveland Avenue should the University choose to divest itself of these agricultural lands. This would provide for an additional 20 acres of limited commercial development. • ~~a~~~i while meetin standar g ds of cons~sten~t`~~wth the City' s goals . It is that the core DroVic3P ~ krr,., ' F ,,. design that are the intent of the City individual quadrant of the core be planned and developed as an integrated unit or cluster of shops and businesses that are capable of functioning as a unit and sharing parking to the maximum degree possible. Activities and improvements that will be considered for the Snelling/Larpenteur Commercial Core include: • Redevelopment of the southeast quadrant for mixed use. • Storefront and sign improvements for the northwest quadrant. • Establishment of sign and design guidelines for improvements throughout the Core. • Placement of electrical and telephone utilities underground. • Planning and implementation of parking, circulation, lighting and landscaping improvements. • 2 A. ZONING CODE DEFINITIONS building. 2. Accessorv Use. A use incidental or subordinate to the principal use of the same land. • 3. Administrator. The Zoning Administrator of the City of Falcon Heights. • 4 ¢ Agriculture See Farm definition. • ~ ~. Agricultural Building A structure on agricultural ~l~and as defined in "Farm/Rural" of this Section designed, constructed, and used to house farm implements, livestock or agricultural produce or products used by the owner, lessee or sublessee of the building and members of their immediate families, their employees and persons engaged in the pickup or delivery of agricultural produce or products. ~ ``7. Alley. Public right-of-way giving secondary access to abutting property. ~ ~3. Amusement place whose p entertainment devices. 9. Amusement requiring the Establishment: Any building, area, or rincipal purpose is providing derived from the operation of amusement Devices: Any game of skill or chance payment of money to play or operate. 10. Animals, Domestic Pets Dogs, cats, birds, and similar animals commonly kept in a residence. Animals considered wild, exotic or non-domestic, such as bears, lions, wolves, ocelots, and similar animals shall not be considered domestic pets. • 11. Animals, Farm Cattle, hogs, horses, bees, sheep, goats, chickens and other animals commonly kept for commercial food producing purposes. 12. Animal Unit. A unit of measure used to compare differences in the production of animal wastes which has a standard as the amount of waste produced on a regular basis by a slaughter steer or heifer. 13. Apartment. A room or suite of rooms with cooking facilities designed to be occupied as a residence by a single family. 14. Area, Net Developable Those lands within a development parcel remaining after the deletion of flood plains, wetlands, slopes greater than twelve percent (120), and unbuildable easements or right-of-ways. 15. Attorney. The City Attorney of Falcon Heights. 16. Automobile Service Station - (Gas Station) _(Service Station) A place where any motor fuel, lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are • made directly into motor vehicles. This definition includes greasing, oiling or sale of automobile accessories on the premises. This definition also includes minor repairs and replacement of parts and 5 :~ U 66. Final Plat. A drawing or map of an approved subdivision, meeting all requirements of the Subdivision Ordinance, and in such form as required by the community for purposes of recording. 69. Floor Area Gross. The sum of the gross area of the various floors of a building measured in square feet. The basement floor area shall not be included unless such area constitutes a story. 70. Floor Area Ratio. The numerical value obtained through dividing the gross floor area of a building or buildings by the net area of the lot or parcel of land on which such building or buildings are located. 71. Floor Plan-General. A graphic representation of the anticipated use of the floor area within a building or structure. 72. Footing. Foundation below frost line as prescribed by the Building Code. 73. Frontage. That boundary of a lot which abuts a public street or private road. 74. Garage-Private A detached one story accessory building or portion of the principal building, including a carport, which is used primarily for the storing of passenger vehicles, trailers, recreational vehicles or farm trucks. 75. Garage-Public. A building or portion of a building, where vehicles are kept for remuneration or hire and in which any sale of gasoline, oil, and accessories is only incidental to the principal use. 76. Governing Body City Council of the City of Falcon Heights. 77. Home Occupation Any gainful occupation or profession engaged in by the occupant only of a dwelling and carried on within a dwelling unit and not in any accessory building. 11 68. Floor Area. A gross area of the main floor of a residential building measured in square feet and not including an attached garage, breezeway, or similar attachment. and materials, provided such use will not involve the risk of offensive odors, glare, smoke, dust, noise, vibrations, or other pollution extending beyond the lot • on which the use is located. Such uses include, but are not limited to the following: lumber yard, machine shops, products assembly, sheet metal shops, plastics, electronics, general vehicle repair (repair garage), body work and painting, contractor shops and storage yard, food and non-alcoholic beverages, signs and displays, printing, publishing, fabricated metal parts, appliances, clothing, textiles, and used auto parts. 103. Manure. Any solid or liquid containing animal excreta. ~~~ Medical Uses . Those uses concerned with the cl~agnosis, treatment, and care of human beings. These include: hospitals, dental services, medical services or clinic, nursing or convalescent home, orphan's home, rest home, and sanitarium. ............... €~_ Mobile Home. A single family detached dwelling uri~t desi ned for ear-round occu anc g y p y, constructed at a factory or assembly plant and drawn to the site on a permanently attached undercarriage and wheels. "Mobile Home" shall not include "Trailer" (Recreational Vehicle) as herein defined, nor shall it include modular or pre-fabricated dwelling units which meet or exceed the requirements of the Minnesota Building Code. ............... ............... ~~ Mobile Home Park. Any site or tract of land designed, maintained or intended for the placement of two (2) or more occupied mobile homes. Mobile home park shall include any building, structure, vehicle, or enclosure intended for use as part of the equipment of such mobile home park. ............... ?{??~ Modular or Prefabricated Home. Anon-mobile dwelling unit for year-round occupancy constructed or fabricated at a control factory and transported to a • building site where final installations are made permanently affixing the dwelling unit to the site. Said dwelling unit shall be equivalent to a unit constructed on the site, meeting all requirements of 15 ............... ~_ Measured Distances . The nearest foot . If a fraction is one-half foot or less, the "integral foot" next below shall be taken. as a temporary residence of a motorist. ~'x~ Municipality. The City of Falcon Heights . • ~~ Noise, Ambient. The all encompassing noise ~a~ssociated with a given environment, being either a composite of sounds transmitted by any means from many sources near and far or a single predominant source. ............... ............... ~~ Nominal Five ( 5 ) Acre Parcel A f ive ( 5 ) acre parcel not reduced by more than ten percent (10%) due to road right-of-way dedication. ............... ~~>~> Non Conforming Use or Lot Any legal use or lot already in existence, recorded or authorized before the adoption of official controls or amendments thereto that would not have been permitted to become established under the terms of the official controls as now written. ............... ............... ~~_ Nursery-Landscape . A business growing and ~seY~~ing trees flowering and decorative plants, and shrubs which may be conducted within a building or without (commercial production). ~<~ Nursing Home. A building with facilities for the care of children, the aged, infirm, or place of rest for those suffering bodily disorder. Said nursing home hall be licensed by the State of Minnesota as provided by law. ............... ............... ~? Official Control. Legislatively defined and enacted policies, standards, precise detailed maps, and other criteria, all of which control the physical development of a municipality or a county, or any part thereof, or any detail thereof, and the means of translating into ordinances all or any part of the general objectives of the comprehensive municipal plan. Such official controls may include, but are not limited to ordinances or the Code establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes, housing codes, and official maps. i ~~~ Official Map . A map adopted in accordance with ~tfie~~provisions of Minn. Stat. 394.361 (1983) . 16 ............... ............... °~s€~' Nursery-Day. A use where care is provided for three (3) or more children under kindergarten age for periods of four (4) hours or more per day for pay. ~~?~ Open Storage Storage of any material outside of ~a~~~'b~Liilding . • ~?_ Owner. Includes all persons with an interest in a"~~~property as fee simple owner, life estate holder, encumbrancer, or otherwise 1~ Parking Space. A suitably surfaced and permanently maintained area on privately owned property either within or outside of a building of sufficient size to store one (1) standard automobile. ............... ............... ?~~~? Performance Standards . The minimum development ~staridards as adopted by the governing body and on file in the office of the Zoning Administrator. • ~~ Person. Any person, corporation, partnerships, ~or~~'association of any type including governmental agencies and political entities. 3-~-C> 134. Principal Structure or Use. One which determines the predominant use as contrasted to accessory use or structure. • 135. Protective or Restrictive Covenant. A contract entered into between private parties which constitutes a restriction of the use of a particular parcel of property. 17 ............... ............... ~`~ Pedestrian Way. A public or private right of way across or within a block or tract, to be used by pedestrians. ~~ Planning Commission. The duly appointed Planning commission of the City. 147. Setback Yard. The minimum horizontal distance between a structure and street right of way, lot line, or other reference point as provided by Ordinance. Distances are to be measured perpendicularly from the property line to the most outwardly extended portion of the structure. 152. Sign• A display, illustration, structure, or device which directs attention to an object, produce, place, activity, person, institution, organization, or business. a) Sian, Advertising A sign that directs attention to a business or profession or to a commodity, service,or entertainment not sold or offered upon the premises, where such sign is located or to which it is attached. b) Sign Area. The entire area within continuous perimeter enclosing the extreme limits of such sign. However, such perimeter shall not 19 timbers); used in combination or singularly, as to block direct visual access to an object throughout the year. Approval by the City Council of all site and construction plans prior to development of construction or installation of any screening is required. 151. Shopping Center. Any grouping of two (2) or more principal retail uses whether on a single lot or on abutting lots under multiple or single ownership. • any amendment thereto which building or structure does not conform with the regulations, including dimensional standards, for the district in which it is located after the effective date of this code or such amendment. 157. Supper Club. A building with facilities for the preparation and serving of meals and where meals are regularly served at tables to the general public. The building must be of sufficient size and design to permit the serving of meals to not less than fifty (50) guests at one time. Intoxicating liquors may be sold on sale and live entertainment and/or dancing shall be permitted. 158. Swimming Pool. Any enclosure in ground or above ground on private property having a water surface area exceeding 100 square feet and a water depth of not less than 1 1/2 feet. 159. Tavern or Bar. A building with facilities for the serving of beer, wine, set-ups and other alcoholic beverages and may include short order foods. 162. Truck Stop. A motor fuel station devotedprincipally to the needs of tractor trailer units and trucks, and which may include eating and/or sleeping facilities. 163. Variance. A modification or variation of the strict provisions of this code, as applied to a specific piece of property in order to provide relief for a property owner because of undue hardship or particular difficulty imposed upon the property by this chapter. A variance shall normally be limited to height, bulk, density, and yard requirements. A modification in the allowable uses within a district shall not be considered a variance. 164. Vehicle Repair. General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, . including body work, framework, welding and major painting services. 165. Veterinary. Those uses concerned with the 22 161. Transportation Terminal. Truck, taxi, air, bus, train, and mass transit terminal and storage area, including motor freight (solid and liquid) terminal. 2 B. ZONING CODE DISTRICTS: B-1,B-2,B-3 • • PART 8. ~9-8.01 "B-1" NEIGHBORHOOD CONVENIENCE DISTRICT "B-1" Neighborhood Convenience District Subdivision 1. Purpose and Intent. The purpose of the neighborhood convenience business district is to provide for small scale consumer goods stores and limited service establishments which deal directly with the customer by whom the ................................................................................................................ ::;:.;~.;:t:: r V 1 C e S are consumed . '~'~};'>'E%~~t ~`y: ;'::;......~,. •. •;... •,.;,"` ..,~i~>~[~:k~< goods and se ...............................~:.... ~:~:~.. ..~.~:~ ~:....... ..........,.... :v:::::::. ~.~ ... ............J;; ... ....... 5}iiii:'}i 'a:~ii •i::: ??i?iii......i}i:; ?::::::: ~~~~`>€~€g.:r:; The istrict is primari y intended to serve~~~~tfie~~~surrotindrig neighborhood rather...than... the enti_re ...................... c ommuni tv . «~>%'€~€€€€~.~.~.~ri~d.....t:~....b~.:..a.~c.~~~~.~.~_ ..~ ~~ta~.~.<::: ~u.~:~~t~~r Subdivision 2. Permitted Uses. No structure or land shall be used except for the following specific uses (SIC = Standard Industrial Classifications from the Office of Management and Budget, SIC Manual, 1987): a. Barber shops (SIC 724) except barber colleges. r b. Beauty shops (SIC 723) but excluding cosmetology SCYlOOlS . c. Convenience grocery stores (SIC 5411) excluding motor fuel facilities. e. Drug stores/pharmacies (SIC 5912). f. Dry cleaning and laundry pickup stations including incidental pressing and repair (SIC 7211, 7212) with a maximum of six employees. g. Florists (SIC 5992). h. Laundromats - self serve (SIC 7215). i. Medical and dental offices and clinics (SIC 801-804). j. Offices, business and professional. ., k. Other small miscellaneous retail shopping goods stores (excluding repair and service) having a maximum floor area of 1,000 square feet which sell food, apparel and small specialty shopping goods including antique, 55 sporting goods, book, stationary, jewelry, camera, • novelty and optical stores (SIC 594) and small cafes and restaurants. Subdivision 3. Conditional Uses. The following uses are permitted subject to the issuance of a conditional use permit (CUP) a. Automobile repair establishments (SIC 7533, 7537, 7538) subject to the following conditions: 1. The use is existing as of the date of adoption of this amendment. 2. The structure and use shall not be expanded without city council approval, based upon finding that the expansion is a furtherance of the public health and safety and will not negatively impact the surrounding neighborhood. 3. Any change in use shall be to the same or another B-1 permitted or conditional use. 4. No more than five (5) cars shall be parked outdoors overnight at any one time, and cars shall be parked in an orderly fashion in a designated area. • 5. There shall be no outdoor storage of supplies, materials or trash. 6. Trash containers and parking areas shall be screened from view from residential areas to the maximum degree practicable in consultation with city officials and upon approval by the city council after review by the planning commission. b. Child Care facilities and nursery schools subject to licensing by the State of Minnesota. c. Motor fuel stations as an integral part of a convenience store located at the corner of a minor arterial and collector street as defined by the comprehensive plan. ~'' ~:22222:<::`;::.:::;;::::5:::;:ii{i:':'::::::;:::::::;:.::iii':~isj:;::ii2i::i~i:::ii3~::::i"`i2iisi~::is:iiii~~i555:i:::i::i::i::>iii"i ....i. ....... ........ ~..::::::. ~ :::. .:. .: ..:..: ~~ ...:..::>: , :: :. ~ ::. »>:: , ~:. ..:: ~ ;;;. :: :iii` . ' ':.:;:. .: ': ..:: ~ :.....:>:.>..:..:;....:::::..::.::...::: z::: ~: >~: "::<ii':.:.:.,. ;...:;;::; d;.:i>i;:::<:is:~~::ii;..:a~:d~::i.;:~:~ 4r~:~::;;a s:.;;;d~.~:~.xz~::::>:i:.:::iii:::::: ; ... >::i:; :..: ;:.:.... ; ::.:...:.....:.:. ::::::::.:::.:::::::::::::::::.::::::::::::::::::::::: ~.::::::::::.:...::.::::::.:::::::::::::::::.::::.:::::::::::::::.::::::::::.:.::...::~.,.:::~h,~ :::.~~.~.n..:.~: c.~~e...:. ......................................................................:.:::::::::::::::::::.:::::::::::::::::::.:::::::::::::.:::::::::<.:::.::.;:.;:;<.:.:: ;;;;:.;:<::<:;:.s:;;::.;:.;::;:;;:;:.;:.;;;~;;::.:::::::::i::::i;ii:::;:::: Subdivision 4. Permitted Accessory Uses. The following uses shall be permitted accessory uses: a. Off-street parking and loading, signs, fences, and 56 decorative landscape features as regulated herein. • b. Temporary construction buildings (approved b zonin administrator). y g c. Accessory structures other than private garages as regulated herein. The design, placement, screening and size of the accessory buildings must be approved by the city council as being in harmony with the surrounding business district and neighborhood after review and recommendation by the planning commission. d. Essential service structures, provided no building shall be located within thirty (30) feet of an abutting lot in an "R" District. The placement of the essential service structure must be approved by the city council as being in harmony with the surrounding business district and neighborhood after review and recommendation by the planning commission. e. Public telephone booths or drive-up service. The placement of the telephone booth or drive-up service must be approved by the city council as being in harmony with the surrounding business district and neighborhood after review and recommendation by the planning commission. f. Other as deemed to be normal, customary, and incidental by the zoning administrator. Subdivision 6. Lot Area, Height, Lot Width and Yard Requirements. a. Minimum Lot Area 10,000 square feet 57 • b• Maximum Buildin c• Minimum Lot Wid hHeight 2 stories or 24 1 d• Maximum Buildin feet e• Minimum Building/Use Size 90 feet g Yard Requirements;5'000 square feet2 ~ 1) Fron t ~2) Side ~3) Rear 30 feet f• Maximum Lot Coverage 10 feet3 20 feet 75 04 lExcept as provided by 9-2.07 of this code. 2Except where otherwise noted in Section 9-8.01, Subd 330 feet if abuttin 2~. g a street or "R" District 4Including the total area of roofs, sidewalks and similar impermeable surfaces.s~ parking lots, 58 .PART 9. "B-2", LIMITED BUSINESS DISTRICT 9-9.01 !'B-2", Limited Business District Subdivision 1. Puroose and Intent The primary purpose of the limited business district is to provide for office and limited service, employment and institutional uses which are freestanding in nature, require larger sites and are or can be made to be compatible with adjacent land uses. It is also intended to accommodate certain existing businesses for the purpose of maintainin them as conformin uses . Exce t where ~~ ~`~ ~~~~ `~ ~~~ ~~~~ ~ " ~~ Y d :.; :.::::::::::::: .::::.:::::::~.:::.~:::::::~;~:::::s ecificall listed l~usries~s~~~~~d`st~rct'~~~~~s~ riot ~'~n~ended to accommodate retail or wholesale businesses . T~~:<_:_::d~:~:~~~: ~::»:«~:: ~>: ~:::~:~.~~:~:::~~:~~::::>:::~::~:>:::::~:~:::~::::~:;::>~:~:::>:::~:>~: a• n~-e-~Q Financial institutions b. Medical offices and clinics. • c. Offices, business and professional. d. Publicly owned and operated buildings and uses provided there shall be no unscreened outdoor storage of materials, supplies or equipment or trucks and trailers exceeding a capacity of one and one-half (1 1/2) tons. ~~ ~J Subdivision 3. Conditional Uses. The following uses are permitted subject to the issuance of a conditional use permit (C.U.P.). 59 ti Subdivision 2. Permitted Uses. No structure or land shall be used except for the following uses: • g. Limited fabricating and processing of a product in conjunction with any permitted use when such products are wholly processed within a building and such use is deemed appropriate and consistent with the character of the district and environs. Where such uses consist of more than one principal building, plans for such development shall be submitted as a planned unit development (P.U.D.). h. Historical buildings, museums, art institutes and galleries. i. Radio and television broadcasting and cable television studios (SIC 483 and 484) excluding external antenna systems. j. Research centers and laboratories excluding medical waste processing facilities. k. Schools or studios for dance, music, art, photography or interior design. 1. Veterinary clinics with no animal boarding. Subdivision 4. Permitted Accessory Uses Any accessory use permitted in Chapter 9, Section 8.01. Subdivision 6. Lot Area. Height Width and Yard Requirements.' a. Minimum Lot Area 12,500 sq. ft. b. Maximum Building Height 2 stories or 24 ft.2 c. Minimum Lot Width 90 ft. d. Minimum Building Yard Requirements: 1Subject to exception under P.U.D. Chapter 9, Section 16. 2Except as provided by 9-2.07 of this code; 3 stories . or 35 feet maximum allowed by C.U.P. or P.U.D. 60 ........ ......:::..::::.::::::::::.:::::: ~.~~w~.;:.;~~~:~.~:..:.;::.. ~ i:~ ,~.:;;:..:..:.:.:..:: (1) Front (2) Side (3) Rear e. Maximum lot coverage 330 feet if abutting a street or "R" District 30 ft. 10 ft .3 20 ft. 75 04 4Including the total area of roofs, driveways, parking lots, . sidewalks and similar impermeable surfaces. 61 9-10.01 ART 10. "B-3" SNELLING AND LARPENTEUR ~~' BUSINESS DISTRICT 9-10.01 "B-3", Snelling and Larpenteur Q~ Business District ................................. Subdivision 1 . Purpose and Intent . ~° a_c~z- ~ a- a ~ } b~re9e~C~r~9-z~r~-A~~e~9-r~-x~~rcrr~i-~Ce~~, ' }5--o~~-a ~~3~3-~'}~~eirtT~fl r~~.. .. l .. ~ .. .. ~--~6~3~~-tR^ '3 g r ~ c9~'uczcc ~e~l~-i~~ei°e~-1~}~'~~ t"" ^ i" ^ "'e~--~3e-~S r i m-~ r i l t,=-£e~ ~-'~"~i~-~~9 ~~~~F`~--~2-~- jAF}~9-cH4~-~'3o~Ee'9~1°e~~ ~ . } +- t., j l eee~}-e~re~e eree~e-~~ea-s-e~~i r~~re~ a. Auto parts and accessory stores. b. Apparel and accessory stores (SIC 56). c. Beauty and barbershops (SIC 723 & 724). i~~ ~sa>> 62 Subdivision 2. Permitted Uses. No structure or land shall be used except for the following uses (SIC = Standard Industrial Classifications from the Office of Management and Budget, SIC Manual, 1987) ;i:; '4:;:}~;:;; :; ii i'4i>::::.:::i'Li::::vvv:iii:::iii:: ?iii'vv i:ti :tititi::Jiiiii:i :: ti^iii:i•i:bii::•:•ii: ~"~ ~. '_ Computer programming and data processing services (SIC 737). rti'~Qei~cl~z~itei~e~~ e-9~ei°eJ--~S-~~5~ ~`~~~~~~ Hardware stores (SIC 5251) . ~- ?r': Home furnishing, appliance and equipment stores (SIC 57) . 3~ ~„< Laundry, laundromat and dry cleaning ~~~~~ establishments (SIC 7212, 7215 and 7219). t~?~` Mailing, reproduction, commercial art, pfi~otography and stenographic services (SIC 733). • m- ~7€<~€i Medical and dental offices and clinics (~S~IC 801-804) . ~~_ Miscellaneous retail establishments (SIC 59) including antique stores but excluding fuel dealers (SIC 598). Motion picture theaters (SIC 7832). p- ~! Offices, business and professional. ~- ? Office supply and art supply stores, retail. Paint and wallpaper stores, retail (SIC 523). Personal service establishments as follows: tax return preparation services, diet centers, costume and dress suit rental stores, photography services. ;;;;;:: ~- 3;s_ Physical fitness facilities . €t! Printing and duplicating shops provided not more • than six employees are employed on the premises at 63 • one time (SIC 7334). t;_ Public and essential service uses. Schools and studios for art, photography (S~~C 722), dance (SIC 791), music and interior design. Video rental stores (SIC 784) . Subdivision 3. Conditional Uses. The following uses are permitted subject to the issuance of a C.U.P. a. Animal grooming and pet stores provided there shall be no boarding of animals on the site. b- _ Basement storage of goods not sold on the premises provided that the space is completely finished and ready for use, is sprinklered, has elevator access, provides two pedestrian accesses, has an existing loading dock or area that • does not conflict with adjacent residential areas or entry to businesses and is approved by the city fire marshal. ~- t~'~ Car washes which are accessory to the principal use and meet the requirements for service stations, Section 9-14.01, Subdivision 17. Child care and nursery school facilities subject to licensing by the State of Minnesota. e- Charitable gambling establishments as a principal use in accordance with the city's licensing requirements, Chapter 5, Section 3 of the city code. ±,~ Custom manufacturing of handmade goods that are sold on tfie premises provided the manufacturing operation is incidental to a retail operation. g- r Drinking establishments, bars and taverns (SIC 5813) `subject to the city's licensing requirements, Chapter 5, Section 3 of the city code. ,..,.::. h- :~ Hotels and motels by P.U.D. (SIC 701) . ~- Motor fuel or service stations subject to thedesign and • performance standards as specified in Section 9-14.01, 64 Subdivision 4. Permitted Accessory Uses. a. Any accessory use permitted in Chapter 9, Section 8.01. b. Limited repair and service operations which areincidental to a principal use. ........................... ~r.~.:::a~::: r~r~:nd~~r~:.;::dur~zz..:;:.;~~a€~.~:n~. .:.~:..:::::.:.:.::: :.;:.;;;::.;:.;:.;:.;:::.;:.;;;:.;:.;:<::;:.;:.;:;.:::.;:.;:.;;:.;:.:;:<.;::.;:.;;::.:.>~:.;:::::::<.:::::::.:.:;. .:::.:.:::::.:::::.:::..:...:................:.:::::.~.:::...................... Wis.::: h~u~~.~. 65 Subdivision ~ ~ Building Height and Yard Requirements. a. Maximum Building Height - 3 stories or 35 ft. Subdivision 7. Building Height and Yard Requirements a. Maximum Building Height - 3 stories or 35 ft.' b. Minimum Building Yard Requirements: (1) Front 30 ft. (2) Side 20 ft.2 (3) Rear 20 ft.3 c. Maximum Lot Coverage: 75 ft.4 • 'Except as provided for in 9-2.07. 230 feet if abutting a street and 40 feet if abutting an "R" District. No side yard shall be required for a party wall subject to 9-2.05. 310 feet if abutting an alley. 4This requirement shall only apply to sites that abut an "R" District to provide sufficient land area for buffering, landscaping and screening. Coverage may be increased by the city if a permanent screen or buffer, other than a wooden fence, is constructed which provides 1000 year around opacity for adjacent residential areas after approval by the city . council and review by the Planning Commission. 66 • 3 A. LICENSING: THERAPEUTIC MASSAGE ENTERPRISE CITY OF FALCON HEIGHTS A PROPOSED ORDINANCE RELATING TO REGULATING AND LICENSING THERAPEUTIC MASSAGE ENTERPRISES Chapter 5, Section 1, Subdivision 02(F) F. THERAPEUTIC MASSAGE ENTERPRISES 1. Purpose The purpose of this Division of the City Code is to prohibit massage businesses and services to the public except those licensed as therapeutic massage enterprises pursuant to this section. The licensing regulations prescribed herein are necessary in order to prevent criminal activity and to protect the health and welfare of the community. The purpose of this Section is not to impose restrictions or limitations on the freedom of protected speech or expression. 2. Findings of the Citv Council The city council of the City of Falcon Heights makes the following findings regarding the need to license therapeutic massage enterprises and therapists and to prohibit all other types of massage businesses and services to the public: a. Persons who have bona fide and standardized training in therapeutic massage, health, and hygiene can provide a legitimate and necessary service to the general public. b. Health and sanitation regulations governing therapeutic massage enterprises and therapists can minimize the risk of the spread of communicable diseases and can promote overall health and sanitation. c. License qualifications for the restrictions on therapeutic massage enterprises and therapists can minimize the risk that such businesses and persons will facilitate prostitution and other criminal activity in the community. • • Page 2 d. Massage services provided by persons with no specialized and standardized training in massage can endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to unhealthy and unsanitary conditions, and by increasing the risk of personal injury. e. Massage businesses which employ persons with no specialized and standardized training can tax city law enforcement services because such businesses are more likely to be operated as fronts for prostitution and other criminal activity than operations established by persons with standardized training. 3. Definitions The following words and terms when used in this section shall have the following meanings unless the context clearly indicates otherwise: a. Massage -Any method of pressure on, or friction against, or . the rubbing, stroking, kneading, tapping, pounding, vibrating, stimulating, or rolling of the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations. b. Therapeutic Massage Enterprise - A person who operates a business which hires only licensed therapeutic massage therapists to provide massage to the public. The owner/operator of a therapeutic massage enterprise need not be licensed as a therapeutic massage therapist if he or she does not at anytime practice or administer massage to the public. c. Therapeutic Massage Therapist - An individual who practices or administers massage to the public who can demonstrate to the City that he or she: 1) has a current insurance coverage of one million dollars (S 1,000,000) for professional or general liability in the practice of massage; • . Page 3 2) is affiliated with, employed by, or owns a therapeutic massage enterprise licensed by the city; and 3) has completed four hundred (400) hours of certified therapeutic massage training from a bona fide school or has one year of experience practicing massage therapy as established by an affidavit and is currently and continually enrolled in a therapeutic massage school. If no such documentation can be established at the time of license renewal, he or she will not be permitted to perform therapeutic massage within the city until he or she can very that they have met the established requirements. 4. License Required Therapeutic Massage Enterprise License. It shall be unlawful for any person to operate, engage in, or carry on, within the city, any type of massage services to the public for consideration without first having • obtained a therapeutic massage enterprise license from the city pursuant to this section. 5. Exceptions A Therapeutic Massage Enterprise License is not required for the following persons and places: a. Persons duly licensed by this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry, provided the massage is administered in the regular course of the medical business and not provided as part of a separate and distinct massage business. b. Persons duly licensed by this state as beauty culturists or barbers, provided such persons do not hold themselves out as giving massage treatments and provided the massage is merely incidental to hairstyling or manicure services. • • Page 4 c. Persons working solely under the direction and control of a person duly licensed by this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry. d. Places duly licensed or operating as a hospital, nursing home, hospice, sanitarium, or group home established for the hospitalization or care of human beings. 6. License Application Therapeutic Massage enterprise License Application. An application for a therapeutic massage enterprise license shall be made on the form supplied by the city and shall request the following information: a. For all applicants: 1) Whether the applicant is an individual, corporation, partnership, or other form of organization. 2) The legal description of the premises to be licensed together with a plan of the area showing dimensions, location of buildings, street access, and parking facilities. 3) The floor number, street number, and rooms where the massage services are to be conducted. 4) Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not paid, the years and amounts that are unpaid. 51 Whenever the application is for premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. 61 The name and street address of the business if it is to be conducted under a designation, name, or style other than the name of the applicant, and a certified copy of the certificate as required by Minnesota Statutes Section • 333.01. • Page 5 7) Such other information as the city council or city shall require. b. For applicants who are individuals: 1) The name, place and date of birth, and street residence address of the applicant. 2) Whether the applicant has ever used or been known by a name other than the applicant's name, and if so, the name or names and information concerning dates and places where used. 3) Whether the applicant is a citizen of the United States or a resident alien. 4) Street addresses at which the applicant has lived during the preceding five (5) years. 5) The type, name, and location of every business or occupation the applicant has been engaged in during the • preceding five (5) years. 6) Names and addresses of the applicant's employers for preceding five (5) years. 7) Whether the applicant has ever been convicted of any felony or crime, and the time, place and offense for which convictions were had. 8) Whether the applicant has ever been engaged in the operation of massage services. If so, applicant shall furnish information as to the name, place and length of time of the involvement in such an establishment. c. For applicants that are corporations or other types of organizations: 1) The name of the organization, and if incorporated, the state of incorporation. 2) A true copy of the certificate of incorporation, and, if a foreign corporation, a certificate of authority as described • in Minnesota Statutes Section 303.03. • Page 6 3) The name of the general manager, corporate officers, proprietor and other person in charge of the premises to be licensed, and all the information about said persons as is required in paragraph B of this section of this code. 4) A list of all persons who own or control an interest in the corporation or organization or who are officers of said corporation or organization, together with their addresses and all the information regarding such persons as is required in paragraph B of this section of the code. 7. Application and Investigation Fees The fees for a therapeutic massage enterprise licenses shall be as set forth in section 4.01 A of this code. An investigation fee shall be charged for therapeutic massage enterprise licenses as set forth in section 4.01 A of this code. Each application for a license shall be accompanied by payment in full of the required license and investigation fee, if applicable. • 8. Application Verification and Consideration The city shall verify the information supplied on the license application and shall investigate the background, including the criminal background, of the applicant to assure compliance with this section. Within ninety (90) days of receipt of a complete application and fee for a therapeutic massage enterprise license, the city shall make a written recommendation to the city council as to issuance or nonissuance of the license. The city council may order and conduct such additional investigation as it deems necessary, but shall grant or deny the application within one hundred twenty 1120) days of receipt by the city of the complete application and fee. At an advertised public hearing the city council shall approve or deny the therapeutic massage enterprise license. 9. Persons Ineligible for License No therapeutic massage enterprise license shall be issued to a person who: • . Page 7 a. is a minor at the time the application is filed; b. has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03; c. is not a citizen of the United States or a resident alien; d. is not of good moral character or repute; e. is not the real party in interest of the enterprise; f. has misrepresented or falsified information on the license application; g. cannot meet the definition of therapeutic massage enterprise in this chapter 15-3.08 B) of this code. 10. General License Restrictions a. A therapeutic massage enterprise license issued must be posted in a conspicuous place on the premises for which it is used. b. A therapeutic massage enterprise license is only effective for • the compact and contiguous space specified in the approved license application. c. The license issued is for the person or the premises named on the approved license application. No transfer of a license shall be permitted from place to place or from person to person without complying with the requirements of an original application. d. The enterprise hours of operation shall be no more than 9 A.M. to 9 P.M. e. A therapeutic massage therapist shall be employed by, affiliated with, or own a therapeutic massage enterprise business licensed by the city, unless a person or place is specifically exempted form obtaining a therapeutic massage enterprise license in this chapter (5-3.08 D). f. No therapeutic massage enterprise shall employ or use any person to perform massage who is not licensed as a therapeutic massage therapist under this Section, unless the person is specifically exempted from obtaining a therapist license in this chapter (5-3.08 D). • Page 8 g. The licensee shall require that the person who is receiving the massage shall at all times have his or her genital area covered with non-transparent material or clothing. h. Any therapist performing massage shall at all times have his or her breasts, buttocks, anus, and genitals covered with anon- transparent material or clothing. i. No licensee shall solicit business or offer to perform massage services while under license suspension or revocation by the City. j. At no time shall the therapeutic massage therapist intentionally massage or offer to massage the penis, scrotum, mons veneris, vulva, or vaginal area of a person. 1 1. Restrictions Re~ardina Sanitation and Health a. A therapeutic massage enterprise shall be equipped with • adequate and conveniently located toilet rooms for the accommodation of its employees and patrons. The toilet room shall be well ventilated by natural or mechanical methods and be enclosed with a door. The toilet room shall be kept clean and in good repair and shall be adequately lighted. b. A licensed therapeutic massage enterprise shall provide single- service disposal paper or clean linens to cover the table, chair, furniture, or area on which the patron receives the massage; or in the alternative, if the table, chair, or furniture on which the patron receives the massage is made of material impervious to moisture, such table, chair, or furniture on which the patron receives the massage is made of material impervious to moisture. c. The therapeutic massage therapist shall wash his or her hands and arms with water and soap, anti-bacterial scrubs, alcohol, or other disinfectants prior to and following each massage service performed. • • Page 9 12. Renewal of License An enterprise license issued under this section shall expire on December 31 at 12:00 A.M. of each year. An application for the renewal of an existing license shall be made at least thirty (30) days prior to the expiration date of the license and shall be made in such form as the City requires. If, in the judgment of the city council, good and sufficient cause is shown by an applicant for the applicant's failure to submit a renewal application within the time provided, the city council may, if the other provisions of this section are complied with, grant the renewal application. 13. Sanctions for License Violations The City Council may revoke a license or suspend a license for up to . sixty (60) days for a violation of: 1. a provision of this ordinance or therapeutic massage enterprise license; 2. a state law relating to prostitution; or 3. a federal, state, or local law relating to moral character. A revocation or suspension shall be preceded by written notice to the licensee and a public hearing. The notice shall give at least eight (8) days notice of the time and place of the public hearing and shall state the nature of the charges against the licensee. The notice shall be mailed to the licensee at the most recent address listed on the license application. The hearing of a contested case shall be in accordance with Minnesota Statutes, Section 14.57 to 14.60, but informal disposition of a contested case by stipulation, pursuant to Minnesota Statutes Section 14.59, may provide an adequate basis for imposition of sanctions. CJ LJ 3 B. LICENSING: OPTION -PRECIOUS METAL DEALER r~ • PROPOSED ORDINANCE LICENSE FOR A PRECIOUS METAL DEALER Chapter 5, Section 1.03, Subdivision F F. PRECIOUS METAL DEALERS 1. License Required. No person shall exercise, carry-on, or be engaged in the trade or business of precious metal dealer within the city unless such person is currently licensed under this chapter. Application for a license should be made to the city clerk on a form supplied by the city. Upon filing of the application and payment of the required fee as stipulated in subsection 5 of this chapter, the application shall be presented to the city council for consideration. 2. Definitions. a. Precious metal dealer means any person who either as principal or agent engages in the business of buying coins or secondhand items containing precious metal, including, but not limited to jewelry, watches, eating utensils, candlesticks, and religious and decorative objects. • b. Precious metals means silver, gold, platinum. c. Precious metal items mean any item made in whole or in part of metal and containing more than one percent by weight of silver, gold or platinum. 3. Purpose. The city council finds that precious metal dealers potentially provide an opportunity for the commission of crimes and their concealment because such businesses have the ability to receive and transfer stolen property easily and quickly. The city council also finds that consumer protection regulation is warranted in transactions involving precious metal dealers. The purpose of this is to prevent precious metal businesses from being used as facilities for commission of crimes and to assure that such businesses comply with basic consumer protection standards, thereby protecting the public health, safety, and general welfare of the citizens of the city. 4. Conditions. a. Recordkeeping. At the time of a receipt of an item of property, the precious metal dealer shall immediately record, using the English language, in an indelible ink, in a book or journal, which has page numbers that are preprinted, the following information: • Page 2 (1) An accurate description of the item of property including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such item; (2) The date and time the item of property was received by the precious metal dealer; (3) The name, address, and date of birth of the person from whom the item of property was received. b. Inspection of records. The precious metal dealer shall make available the information required in subpart (a) of this section at all reasonable times for inspection by the city police department or issuing authority. The information required in subpart (a) of this section shall be retained by the precious metal dealer for at least 4 years. c. Items for which daily reports to police are reauired. For the following items precious jewelry, gems, watches and items containing precious metals, the precious metal dealer shall complete forms approved by the city and send the forms daily to the city police department. • d. Daily report forms. The daily report forms submitted to the city police department shall contain the following information: (1) An accurate description of the item of property including, but not limited to, any trademark, identification number, serial number, or other identifying mark on such item; (21 The price of the item paid by the precious metal dealer; (3) The date, time, and place of receipt of the item; (4) The name, address, and date of birth of the person from whom the item was received; (5) The identification number from one of the following forms of identification of the person from whom the item was received: A valid drivers license; a Minnesota identification card; or a photo identification issued by the state of residency of the person from whom the item was received. • . Page 3 e. Police order to hold property. Whenever the city police department notifies the precious metal dealer not to sell an item, the item shall not be sold or removed from the licensed premises until authorized to be released by the city police department. f. Holding period. Any item received by the precious metal dealer, for which a report to the police is required under subpart 1c) of this section, shall not be sold or otherwise transferred for 14 days after the date of such report to the police. g. Receipt. The precious metal dealer shall provide a receipt to the seller of any item of property received, which shall include the name, address and phone number of the precious metal dealer business; the date on which the item was received by the precious metal dealer; a description of the item received and amount paid to the seller in exchange for the item sold. h. Hours of operation. No precious metal dealer shall keep the precious metal dealer business open for the transaction of business on any day of the • week before 9:00 a.m. or after 9:00 p.m. i. Minors. The precious metal dealer shall not purchase or receive personal property of any nature from a minor. j. Inspection of items. The precious metal dealer shall, at all times during the term of the license, allow the city police department or issuing authority to enter the premises where the precious metals dealer business is located, for the purpose of inspecting such premises and inspecting the items, ware and merchandise therein for the purpose of locating items suspected or alleged to have been stolen or otherwise improperly disposed of. k. License display. An issued license must be posted in a conspicuous place in the premises for which it is used. The license issued is only effective for the compact and contiguous space specified in the approved license application. I. Proper identification. A licensee under this section shall not accept any items of property unless the seller provides to the precious metal dealer one of the following forms of identification: A valid driver's license; a Minnesota identification card; or a photo identification issued by the state of residency of the person from whom the item was received. No other forms of identification • shall be accepted. • Page 4 m. Pawning not permitted Precious metal dealers may not loan money on deposit or pledge of personal property, or other valuable thing. Precious metal dealers may not deal in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price, or loan money secured by chattel mortgage on personal property, taking possession of the property or any part thereof so mortgaged. 5. Fees. a. Investigation fee. (11 The license investigation fee shall be paid in full before the application for a license shall be accepted. Upon rejection of any application for a license or upon withdrawal of any application before city council approval, the license investigation fee shall be refunded in full to the applicant except where rejection is for a willful misstatement in the license application. (2) The investigation fee is designated in Section 4.01(A) of this chapter. b. License fee. A precious metal dealer business license shall be purchased annually. The annual fee is designated in Section 4.011A) of this chapter. 6. Restrictions regarding license transfer Each license shall be issued to the applicant only and shall not be transferable to any other person. No licensee shall loan, sell, give or assign a license to another person. 7. Limitation on number of licenses. The number of precious metal dealer licenses issued in Falcon Heights in any calendar year shall not exceed one. 4. FEES THERAPEUTIC MASSAGE ENTERPRISE OPTION -PRECIOUS METAL DEALER • 5-4.01 • SECTION 4. LICENSE, PERMIT AND OTHER FEES 5-4.01. Fees. The following fees are to be included in the city's license and fee schedule. The city council shall, by resolution, establish and revise license, permit and other fees. A. Business Licenses. Fees for business licenses are as follows: Fee Item i• • $ 30.00 Amusement machines & pool tables 300.00 Bottle Club 180.00 Bowling Alley 40.00 Cigarette 30.00 Contractors Filling Stations 100.00 Basic 400.00 for 15-20 hours 500.00 for 20+ hours 800.00 Game Arcades/Pool Halls 50.00 General Business 35.00 Itinerant Salespersons & Solicitors 4,000.00 Liquor 200.00 Sunday Liquor 150.00 Liquor Store, Off-sale 25.00 Liquor Special Event, Consumption and Display Only 150.00 Malt Beverage, Off-Sale 500.00 Malt Beverage, On-Sale 2, Restaurants 100.00 Basic 400.00 If over 15-20 hours 500.00 If over 20 hours • 5. REPORT ON SECONDARY IMPACTS FROM ADULT USES AND PROPOSED FINDINGS Currently, under review by the city attorney. • • 6. AMENDMENTS TO THE COMMERCIAL DEVELOPMENT MORATORIUM A. USES B. TERM • 5-5.01 - 5.04 SECTION 5. INTERIM DEVELOPMENT MORATORIUM ON COMMERCIAL ZONING DISTRICTS 5-5.01 AUTHORITY, FINDINGS & PURPOSE A. Authority. Pursuant to M.S. §462.355, Subd. 4, the city has the authority to establish interim ordinances to maintain the status quo while the city is conducting studies, has authorized a study to be conducted or has scheduled a public hearing to consider adoption or amendment of the comprehensive plan or official zoning controls. B. Findings and Purpose. In 1991 the city council adopted a comprehensive plan for the city. The Metropolitan Council approved that plan in April, 1992. A recommendation in the city's comprehensive plan included studying and revising the city's commercial districts to conform to the plan and address future needs. In October, 1992, the city • council contracted with the Hoisington Group, Inc. to carry out a planning study on all the city's commercial zones, to evaluate and recommend changes in the commercial zoning designations, to work with the property owners to determine future needs and to make recommendations to the planning commission and city council for revising the commercial zoning code provisions. The Hoisington Group, Inc. and the planning commission are currently working on this task. The city council has concluded that the granting of any permits or development approval, as specifically set forth in Subd. 3, could destroy or impair the integrity of the planning process and that a development moratorium is necessary to preserve the status quo pending completion of the planning study. It is the intention of the city council to protect the described planning process and the health, safety and welfare of its citizens by adopting an interim ordinance for a reasonable period of time during the time period of the study, planning and implementation activities. • 5-5.02 5-5.02 DEVELOPMENT RESTRICTIONS AND APPLICABILITY • A. Restrictions. No request for re-zoning, conditional use permit, variance, subdivision, building permit, business license, certificate of occupancy, or any other land use approval, affecting property located within the B-1, B-lA and B-2, and E-B zoning districts shall be accepted for processing or considered by the city council except: 1. building permits may be issued for interior remodeling of existing uses or any use permitted by paragraph 2 and 3 of this subdivision; 2. sign permits may be issued for sign changes for existing uses or for uses which are specifically listed as permitted uses in the applicable zoning district; 3. certificates of occupancy and business licenses may be granted to any new use that is specifically listed as a permitted use in the applicable zoning district. For purposes of illustration only and without intending to be an exhaustive list, the following uses are not specifically listed as permitted uses in any commercial zoning district and are subject to the moratorium: urT~~cc~i-}~-u ~ ~i~ ~ t~.r~~l~kei t~ ' c ~a--ira-a"ciiirc~i,., +- ~,° -~ z rc ~-3 ~~ 6 " a 9 t- -t =v~l ~-mot. P ~ b .tcmr rcr ne~ 1~rrc . ` ~ ~. ,. ~ _ ..,.1r - ~' - -~ =~ ~ xr c urre , ..r ~ ,. .., , el~ ~ t c 3~ ~~e . ~` ~ e-r~ Te e g ~,., s ~-i ' ~~3 ~ L- - - ~} '' 3~ cx aicrt£r:Ti'~L ~~ " ~ Fl i3~ e = - r ~i ri - ~ -- "' - " `" E~-~cei°c~- e-~~2Ey~6 , z ' ~crrl-~i~e•~-'6 ~--ff~E~ .. ~ a .. , ~ ,-. ~l t ccr R3T 1 c i i ~ e~a3 . ~1 ~.r/-- ~ . CTICGy~i -P66~3u cci3m'~r6~2 e~'~rl~~rg F .... ; ~ : ~ : ~~=r!~~d-~-~e~~ . -~~crr" "ccr 4. applications for hardship waiver pursuant to • Section 5-5.03 of this code. B. Applicability. This section shall cove all commercial zoning districts in the City of Falcon Heights. This includes E-B, B-l, B-1 A, and B-2. 5-5.03 • 5-5.03 HARDSHIP WAIVER A. Procedure. The city council may waive the moratorium requirements established herein with the following procedures: 1. Any person seeking a hardship waiver shall file an application with the city with a fee of $50.00 plus the applicable fee for the business license and land use permit, if any is required. In addition, the applicant shall cover the costs of all related planning costs of the city's planning consultant associated with the waiver. 2. A requested hardship waiver shall be scheduled for a hearing before the city council. 3. A requested hardship waiver may be granted by a majority of the council members in attendance. B. Conditions. The council may grant a hardship waiver only if it finds. that: • 1) the applicant has demonstrated a hardship by showing that the property cannot be put to a reasonable use without the waiver; 2) the waiver will not affect the integrity of the planning process and the purpose for which the ordinance was enacted; 3) the application is consistent with the current status of the planning study; 4) the application is for a use that is a listed permitted or conditional use in the applicable zoning district. C. Authority to Denv. The council may deny the waiver if it does not meet the criteria in this section or if it determines that its approval will negatively impact the planning study or the future land use and development in the city. 5-5.04 TERM This interim moratorium became effective on March 30, 1993 and will ex ire p~t~<?::»::>:?~~<:: 36~ d-a~ a-frc~ ~ ;~>::>: e~€e~i~~~~ or~~`upori completion o~ a planning study and adoption of related ordinances, whichever is first. • INFORMATION ITEMS: 1- Article on pawn shop in Strib, 1/3/94 2- 1993 building permit activity addition to f ~ -*~~~ r_ {~ ~~,u ~`~ ~~~_ .: ~`~x~,~;~f.~., .r. ,,3 H anyone s going to get = : --: ----- 1 ~ . ~. ~,.~,~,~~. Shiber musf videotape hts custom ~e s i ' ` ls, Bloomin "on sho gt. ~ p on Lyndale r S _ ~~ plCked 0-1 IttS t ~O~Clg r us ng a sophisUcated camera and'? `post a notic t ll e ` At ; is stocked to the. rafter$ with -stereo;equipment; TVs, power tools ~ , - r ` t0 be' nine :: e o te th m he is d oing.,~ ~~ Now; he"will,. have'•to hold' hts , , , winter' coats, gti~tais and everything = 1 ~' ~ ~ • merchandise for a tnonth, tnstead of.~ " else: someone needing ".cash-`="might .want to' sell` or pawn. It takes up ~ - - `''~'~='rr' "~ •'•~ `" '- ' A ~8ry1 Shl~l' _ ~'o weeks; so pohce iiiventones'of} stolen goods can catch up:wtth pawn-"' - ~ ~ - 8,OOb sgtiare feet, not to mention the additi l ~ PBWnSI'tOp OW1r1er " ~ ` shop transaction lists. • 3 , .; _ ~ ? - ona 4,000 square feet of stor- ' age. -space needed elsewhere for the -The new ordinance supplements one .bike?;, _ snowmobiles" and rnotorcy - ~ . ° " •.- Passed . in ,1991 that required pawn- . des. , i - ~~' ; ,,, 1:-, r .': ~ • ' = • -. -~ necessarily better. They claim the shops to hold ohto their merchandise ` " for two weeks before selling if and fo r - Y Shiber says that:each day he and his ; shop is a conduit for stolen merchan-, dice require customers to show them pho- full-time staff of seven employees do . to identification cards such as drivers anywhere from `80 to 120 transac- lions involving 300 ~to 400 items H ."We take stolen items out of there on " _ licenses.. ' : • ._ • . e plans to open another pawnshop this a regular basis, said Bloomington Police Chief Robert Lutz Since then, that ordinance "has be- " . week m St Louts Park -~ _: . = come a model for many. suburbs in . , ~ ~ ~~ '~ ` - ~~ 3loomcngton police and city - ; Last month Bloomington police `and the city attorney's office got the Cit : the metropolitan area," said Bloom- ington Associate City Attorney Greg officials, bigger to Shiber's_case is not . .r.__._ _ . . y Council to pass an ordinance righten- '.Pawn continued on page 2B ttnued from page 1B ookcr. Brooker said there has been a trend of pawnshops moving into suburbs that lack pawnshop ordi- nances. Shiber thinks the hue and cry for more regulation goes back to Rod Steiger, the actor who played the pawnbroker in the movie of the same name. Steiger, Shiber said, created a seedy image for pawnshop owners they've never been able to live down. "Everybody looks at `pawnshop' attd thinks it's a dirty word," Shiber said. "It's not. What about antique stores? They're not regulated. They don't have to give aday-to-day account of what they do. Pawnshops do." Shiber contends that the very size of his operation makes him a target. "It's like the Barnum & Bailey Circus - it's the biggest," he said. "If any- one's going to get picked on, it's going to be me." Shiber said that with so much mer- chandise going through his pawnshop every day, there can't help but be some stolen items that get through unnoticed, despite daily police ~cks of his transactions. He said he Aerates with police in tracking stolen merchandise and has a hand- ful of testimonials from metropolitan !aw-enforcement agencies to prove it. Brooker agreed that National Pawn- ~rokers ttas cooperated. affidavits from several Minne- __ ~, _ - p p~Ys out, ol~ce __ p ~~n ton a .. _ ~attent~ r _ ~g. _ _ p ~ y on , ~~ . ; :: - t c ~ ~ "~ `_ ing the` "regulatory screws on''`the5 ~- _ It s like the Barnum city's two pawnshops, with National?- ~- ,~ ~ ~ ~- r Pawnbrokers pnmanly m mtnd: -~'~ axonal i , & :Bailey Circus s~ zits _ . ~; ~:~_ _ .. ~ _ ~ ~i~~' s. u apolis police officers presented to the Bloomington City Council by Brooker noted numerous cases of stolen property going through Na- tional Pawnbrokers and instances where shop employees couldn't find stolen items police wanted to re- trieve. Ina 1992 memo addressed to the Minneapolis police licensing divi- sion, Minneapolis police warehouse supervisor Dan Boland noted ~ "an alarming increase in the number of Minneapolis police cases resulting in stolen property winding up at Na- tional Pawn...." And the pawnshop was the target of a six-month investigation by the Hen- nepin County Sheriffs Department and Bloomington Police Department that, while resulting in no charges against Shiber, did culminate in Sep- tember in the arrest of l2 customers, mostly on outstanding warrants. Five were arrested on charges that they were selling items bought with stolen credit cards. operation," he said. "If we have an RCA TV that comes in and it's marked down as a Magnavox and the serial numbers are two digits off; it's not going to work with us." Shiber said record-keeping errors are inevitable in an operation as large as his. "The Police Department and ev- erybody else makes typographical er- rors," he said. But whether Shiber and National Pawnbrokers are beyond reproach isn't the point anyway, said Lutz and Brooker. "My feeling is that even with the most cooperative and most honest of pawnbrokers, that it's a business that requires significant po- lice surveillance," Lutz said. And Brooker warned that if the tide of stolen merchandise that winds up at National Pawnbrokers isn't stemmed, Bloomington officials might have to clamp down even tighter. "There may be more in the future," he said. Lutz said he fears that the stolen property recovered from the pawn- shop is only a small amount of the total. Plus, said Lutz, there have been too many cases of clerical errors at Na- tional Pawnbrokers; cases where a serial number is misrecorded, for in- stance. "We have found a significant num- ber of mistakes, and certainly enough to make us very suspicious of the !. ~1 G~2 ~~ ~3e¢ .~ . City of Falcon Heights • Memorandum DATE: January 3, 1994 TO: Mayor and City Council FROM: David W. Kriesel, Building Official SUBJECT: 1993 Building Department Activity Report The total amount of building permits issued in 1993 were 102 permits. Building permit valuation for various construction projects amounted to $3,430,671.66. Building permit revenues for permits and plan check fees came to $27,111.03 A break down of permit activity is as follows: • 1. Single family dwelling - 1 - $246,356.28 2. Additions - 5 - $89,340.00 ~ 3. Remodeling - 15 - $187,390.00 4. Decks - 5 -,$33,462.38 5. Sheds - 2 - $750.00 6. Garages - 7 - $71,840.00 •• 7. Roofing - 33 - 176,081.00 8. Siding - 9 - $38,666.00 9. Fences - 6 - $6,160.00 10. Driveways - 3 - $18,175.00 11. Windows - 4 - $6,260.00 • 12. Commercial Projects - 8 - $2,550,991.00 i• 1993 building department activity report 12. Commercial projects breakdown: 1. 1547 Larpenteur Avenue -remodel - $3,620.00 2. 1790 Larpenteur Avenue -remodel - $18,865.00 3. 1658 Snelling Avenue -remodel - $5,206.00 4. 1579 Hamline Avenue -remodel - $10,000.00 5. 2129 Larpenteur Avenue -remodel - $8,000.00 6. 2025 Larpenteur Avenue -remodel - $300.00 7. F.H. Elementary school - addition/remodel - $2,500,000.00 8. 2077 Larpenteur Avenue -remodel - $5,000.00 • Permit data: • Number of Type: Valuation: Permit fees: Plan Check: State Surcharge: Permits 18 Plmb. $ $ 1,293.00 $ $ 9.00 7 Sewer 175.00 3.50 4 Signs 5,200.00 136.00 49.40 3.15 33 Roofs 176,081.00 2,451.00 122.85 87.70 9 Sidng 38,666.00 635.50 18.94 6 Fence 6,160.00 144.00 29.25 3.65 3 Drives 18,175.00 253.00 17.09 1 SFD 246,356.28 1,154.00 750.00 123.18 15 Rmdl 187,390.00 2,316.50 1,388.73 100.93 4 Wndw 6,260.00 137.00 3.20 5 Addn 89,340.00 928.00 603.15 44.73 5 Decks 33,462.38 430.00 263.25 16.77 2 Sheds 750.00 30.00 1.00 7 Garages 71,840.00 900.00 549.90 32.25 8 Comrcl 2,550991.00 7,420.00 4,766.78 1.275.84 C