HomeMy WebLinkAboutPCAgenda_93Nov22• PLANNING COMMISSION AGENDA
November 22, 1993
7:30 p.m.
ROLL CALL: Kay Andrews _ Tom Brace _ Lee Barry _ Len Boche _
Paul Kuettel _ Lisa Lampi _ Ken Salzberg _
1. CALL TO ORDER
2. APPROVAL OF MINUTES
September 27, 1993
3. CITY COUNCIL MINUTES
November 10, 1993
4. Public Hearing on Home Occupation Code Changes
5. Discussion of Uses Under the Commercial Development Moratorium
• 6. Scheduling of Next Meeting.
7. ADJOURN
•
MINUTES
REGULAR PLANNING COMMISSION MEETING
OCTOBER 25, 1993
PRESENT: ABSENT: ALSO PRESENT:
Tom Brace Kay Andrews Susan Hoyt, Administrator
Lee Barry Len Boche Paul Colton, Planning Intern
Ken Salzberg Paul Kuettel Peter Bachman, Attorney
Lisa Lampi
Meeting was called to order at 7:35 by Lee Barry, Chair.
REQUEST FOR A VARIANCE OF 2 FEET 10 INCHES IN THE FIVE FOOT
SIDEYARD SETBACK FOR 1804 TATUM STREET IN AN R-1 ZONE, CHAPTER 9,
§2.04 SUBD. 1(c) OF THE ZONING CODE.
Hoyt explained to Curt and Meredith Stockford, owners of the
property at 1804 Tatum Street that because there was no quorum,
the planning commission could not vote on a recommendation to the
city council to grant or deny the variance. The Stockfords,
however, decided they would put it before the city council
without the recommendation of the planning commission rather than
wait for the November meeting.
PUBLIC HEARING ON HOME OCCUPATION CODE CHANGES AND PUBLIC HEARING
ON ADOPTING A HOUSING CODE
Postponed to the November meeting due to lack of a quorum.
DISCUSSION OF USES UNDER THE COMMERCIAL DEVELOPMENT MORATORIUM
The commission members discussed the eight uses listed in the
city development moratorium with no decisions or recommendations
made.
Adjourned 9:15 p.m.
Susan Hoyt, Administrator
Dee Swenson, Recording Secretary
• MINUTES
REGULAR PLANNING COMMISSION MEETING
SEPTEMBER 27, 1993
7:30 p.m.
PRESENT: ALSO PRESENT:
Kay Andrews Susan Hoyt, Administrator
Tom Brace Paul Colton, Planning Intern
Lee Barry Paul Ciernia, Council Liaison
Len Boche
Paul Kuettel
Lisa Lampi
Ken Salzberg
Meeting was called to order at 7:30 by Lee Barry, Chair.
Minutes of the August 23, 1993 minutes were approved as written.
DISCUSSION ON USES STILL UNDER THE COMMERCIAL DISTRICT MORATORIUM
Administrator Hoyt asked the commission to discuss how the eight
uses under the city commercial moratorium should be handled.
• These eight uses are adult uses, therapeutic massage, precious
metal dealers,, pawn shops, stores selling ammunition or firearms,
check cashing facilities, secondhand stores, pool halls and video
game arcades. The meeting was an open ended discussion about
these uses and options for regulating them.
Several options are available to the commission in terms of how
these uses might be handled. These include: 1) regulations by
licensing with associated fees 2) regulations through zoning and
zoning conditions, 3) regulation by carrying out an impact study
to determine if the business use has possible negative impacts
that detract from the purpose of the commercial district, and,
therefore, should not be permitted and 4) regulation by not
permitting the use in the zoning district.
Paul Colton, planning intern, was introduced to the commission.
Hoyt explained that Paul has been working on this project by
going through the license requirements and some conditional uses,
and has put together information on how they're handled in other
cities.
Mr. Colton found that different cities have a wide range of
licensing requirements and fees. Some cities regulate the hours
of operation and require detailed records be kept by precious
metal dealers, pawn shop dealers, and secondhand store owners.
• After some discussion, the commissioners asked staff to do some
further research on the impacts associated with these uses so the
commission can better evaluate how to control them.
• PC Minutes
9/27/93
Page 2
Commissioner Kuettel requested that the staff provide more
information on how Roseville handles some or all of these uses
for the next meeting.
The meeting was adjourned at 8:50
Susan Hoyt, Administrator/Planner
Dee Swenson, Recording Secretary
•
•
~~~'
• MINUTES
REGULAR CITY COUNCIL MEETING
NOVEMBER 10, 1993
Baldwin convened the meeting at 7:09 p.m.
PRESENT ,
Baldwin, Ciernia, Gehrz and Jacobs. Also present were Chenoweth
and Hoyt.
ABSENT
Gibson Talbot
MINUTES OF 10/27/93 APPROVED
Council approved the Minutes of October 27, 1993 by unanimous
consent.
PRESENTATION OF AWARD FOR CITY'S OUTSTANDING PARTICIPATION IN
NATIONAL NIGHT OUT
Deputy Chief Tom A11eva of the Roseville Police Department
introduced police Community Service Officer Jerry Ruettimann and
Judy Sabean, Falcon Heights Neighborhood Watch volunteer
t coordinator.
Ruettimann explained that the award is presented to Falcon
Heights/Roseville by the National Association of Town Watch for
the cities' outstanding participation in the National Night Out
observance. He thanked the many volunteers who participated in
making the evening a success, and presented the award placque and
a booklet commemorating the event to Mayor Baldwin.
Judy Sabean offered her thanks to all who helped to make the
Night Out event a success. Baldwin commented on the great job
done by all who participated in any way expressing their care of
community.
CONSENT AGENDA APPROVED
Council approved the following Consent Agenda by unanimous
consent:
1. Disbursements
a. General disbursements, 10/31/93-11/01/93,
$316,067.92
b. General disbursements, 11/01/903 - 11/03/93,
' $22,739.74
c. Payroll, 10/16/93-10/31/93, $10,961.35
• 2. License X2046, Daytons Bluff Sheet Metal
3. Scheduling public hearing on delinquent utility
assessments for 12/08/93, 7:45 p.m.
• MINUTES
NOVEMBER 10, 1993
PAGE 2
4. Approval of
County for
5. Appointment
Fire/Rescue
final payment of $10,529.00 to Ramsey
1991 Hamline Avenue improvement project
of Dawn Drahosh and Jason Coppini to
Department
ADDENDUM TO POLICY AGENDA APPROVED
Council approved the addition of Item P-4, Discussion on
Community Involvement in Preparing the RFP for Police Service, to
the Policy Agenda.
GIBBON TALBOT ARRIVES
Gibson Talbot arrived at 7:26 p.m.
CITY TO REQUEST PROPOSALS FOR NEW CARPETING FOR COUNCIL
CHAMBERS/MEETING AREA AND CONFERENCE ROOM
Hoyt explained that the remodeling of the council chambers is
nearly completed as is the installation of the audio/video
equipment. Since the final carpentry' work will require carpeting
the area that has been remodeled it seemed timely to consider
• requesting proposals for re-carpeting the entire area_ The 1993
budget and proposed 1994 budget include $10,000 for carpeting
this area.
Following a brief discusstion it was the sense of the council
that staff should proceed with obtaining proposals for re-
carpeting the council chambers/meeting area and conference room.
PROGRESS UPDATE ON COMMERCIAL DEVELOPMENT MORATORIUM
Hoyt explained that the planning commission and staff have been
researching how other cities handle the types of businesses which
are presently under the moratorium. Due to the uniqueness of
Falcon Heights such as proximity of commercial zones to
residential zones, many regulations used by other communities
would not be acceptable for Falcon Heights. Hoyt indicated that
proposed regulations for some of the businesses under moratorium
may be ready to present to council by the end of January or early
February, 1994.
DISCUSSION OF COUNCIL'S GOALS AND WORK TASKS FOR THE COMING YEAR
Badwin presented the results of the council's October workshop
and reviewed the procedure leading to determining the city's
goals and work priorities for the coming year. He indicated a
• council planning session will be held in the future to further
prioritize the original goals and determine possible methods of
implementation.
• MINUTES
NOVEMBER 10, 1993
PAGE 3
•
DISCUSSION OF CITIZEN/BUSINESS INPUT ON POLICING NEEDS TO ASSIST
IN PREPARATION OF RFP FOR POLICE SERVICE FOR 1995
Baldwin explained that the city has notified the City of
Roseville that Falcon Heights is terminating the present police
contract and will be preparing an RFP for police service for
1995. As requested by Baldwin at the October 27th meeting,
Gehrz, Jacobs and Hoyt met to plan fog methods of community
input. Hoyt then presented the committee's suggestions for
citizen input, such as neighborhood community meetings, a mailed
survey, and meeting with business persons. Following a brief
discussion regarding the format of the proposed meetings and
wording on the survey form, council directed the committee/staff
to proceed with the meetings and survey as presented.
ADJOURNMENT
The meeting was adjourned at 8:15 p.m.
Tom Baldwin, Mayor
ATTEST:
Shirley Chenoweth, City Clerk
•
Planning Commission
11/22/93
Item 4
•
•
ITEM: Proposed amendments to the Home Occupation code Chapter
9 Part 14.01 Subdivision 24 of the city code.
SUBMITTED BY: Paul Colton, Planning Intern
REVIEWED BY: Dahlgren, Shardlow, Uban, Planning Consultant
Susan Hoyt, City Administrator
Peter Bachman, City Attorney
EXPLANATION/DESCRIPTION:
At the August, 1993 Planning Commission meeting, the commission
discussed possible amendments to the home occupation code to
assure that home occupations are permitted in the city, but that
they do not detract from the residential character of the
neighborhood.
At the October 25, 1993 Planning Commission meeting, a public
hearing was scheduled in which the commission was to review the
Home Occupation Ordinance, and take action on it. Due to the
lack of a quorum, a hearing could not be held. The public
hearing was rescheduled for November 22, 1993.
The planning consultant (DSU) recommended that the commission
consider three changes in its home occupation code, which is
otherwise consistent with other cities and appropriate to
accomplish its purpose.
1. Clarify the number of trips/day for business use. This varies
considerably for cities within the metro area. The City of
New Brighton permits four (4) two way trips per day while
the City of Cottage Grove permits 20 two way trips per day.
Cottage Grove expressed no difficulties within residential
areas with the 20 permitted trips.
Staff is suggesting a maximum of eight (8) two way trips per
day for a particular business. The code specifies that home
occupations may conduct business between the hours of 9:00
a.m. to 9:00 p.m. on weekdays, and 10:00 a.m. to 6:00 p.m.
on weekends and holidays. Therefore, the total trips
generated by a home occupation would be one trip per hour
and a half on weekdays, and one trip per hour on weekends
and holidays.
•
2. Determine a percentage of the dwelling to devote to the home
.occupation. This is typically 20% to 25% of a dwelling.
The staff is suggesting 20%, which is 400 square feet (a•
room of 20 X 20) in a 2,000 square foot home.
3. Eliminate the conditional use permit for home occupations that
• do not meet the home occupation requirements. 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 recommends 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.
Home care facilities like day care, eldercare and group homes are
not included as home occupations in the city code, but are
permitted in residential zones by state statute, if they meet
certain established size requirements.
ATTACHIrIENTS
4-A Proposed ordinance
4-B Memo from DSU dated 8/2/93
4-C Current home occupation code
4-D State statute governing location of homecare facilities
• ACTION REQUESTED:
1. Receive staff report
2. Hold public hearing
3. Discuss and take action
•
~~
CITY OF FALCON HEIGHTS
ORDINANCE
Date
AN ORDINANCE AMENDING CHAPTER 9-14.01
OF THE CITY CODE
RELATING TO CHANGES IN THE HOME OCCUPATION CODE
•
The City Council of the City of Falcon Heights ordains as follows:
Section 1. Subdivision 24 c. is hereby amended to the Falcon Heights City Code, to
eliminate the provision for a conditional use permit for a home occupation. Subdivision
24 c shall now read:
Subdivision 24 c. No person shall conduct a home occupation without first
having obtained a license from the Zoning Administration and the approval of
the Council. Application for licenses, accompanied by the appropriate fee, shall
state facts that constitute the basis for compliance with the requirements set
forth in provision (d). Home occupations for disabled persons that do not meet
these conditions may apply for a conditional use permit.
Section 2. Subdivision 24 d.12, relating to traffic generated by a home occupation is
hereby amended to the Falcon Heights Code, to read:
Subdivision 24 d 12. No more than eight (8) additional vehicle trips per day shall
be generated by a home occupation. Any need for parking generated by the
conduct of such home occupation shall be met off of the street only on the
driveway of the dwelling or in the garage.
Section 3. A new section 9-14.01 Subdivision 24 d 18, relating to permitted space
provided for a home occupation is hereby added to the Falcon Heights City Code, to
read:
Subdivision 24 d 18: Not more than twenty (20) percent of the gross area of
the dwelling unit shall be used to conduct a home occupation. The appearance
of a residential dwelling shall in no way be changed or altered in a manner
which would cause the premises to differ from its residential character.
Section 4. This ordinance, passed this day of ,shall become
effective upon publication.
•
y-8
I~GO RPO R.~TE[?
CONSULTING PLANNERS
LANDSCAPE ARCHITECTS
300 FIRST AVENUE IvORTH
SUITE 210
MINIvEAPOtIS, I`IN 5.301
C~12~339.3300
AUG 2 4 1993
August 2, 1993
Susan Hoyt
City administrator
City of Falcon Heights
2077 W. Larpenteur Avenue
Falcon Heights, MN 55113-5594
We have reviewed the City's Home Occupation Ordinance and compared it to ordinances from other
communities including the ones you sent us. The attached summary lists the items you brought up,
together with items commonly found in home occupation ordinances. Overall, Falcon Heights
ordinance does not seem much worse or much better than most other ordinances addressing home
occupations. Some City ordinances are very specific while others are very general. If the City is
• considering changes to the Home Occupation Ordinance, it is important to address any problems that
have occurred. For example, is there confusion about what uses can be considered home occupations?
Have there been complaints about permitted home occupations concerning traffic or noise? These
types of problems may help point to needed changes (if any). In addition to the attached spreadsheet,
you brought up six items in particular which I've addressed below.
1. Requirements that the business be clearly secondary to the residential nature of the home.
Falcon Heights is similar to most wmmunities in stating that a home occupation is secondary or
incidental to the primary use of the dwelling. Your ordinance says this in the definition section, some
say it under purpose. Tn addition, the requirements section currently in you ordinance helps to clarify
this. If there have been problems with interpretation or enforcement of this, you may want rA consider
modi~ying the requirements.
2. Requirements regarding trips and deliveries to home occupations.
There is a wide variation in how communities deal with this item. Your ordinance says that normal
residential traffic should be maintained, other communities set specific limits on the number and type
of trips that are allowed. New Brighton for example allows four additional vehicle trips per day while
Cottage Grove allows 20 Vehicle Trips per day. Specifying trips per day would help clarify your
ordinance.
3. Requirements regarding remodeling to accommodate a home occupation.
Falcon Height's Ordinance, like most other communities, states that the residential character of the
dwelling not be altered in any way. The most specific (St. Paulo sta es o ctonducting the home bons
• or enlargements shall be made to the dwelling for the primary p rpo
occupation". Your ordinance seems adequate in this point.
4. Requirements regarding notif cation of neighboring property owners of proposed home
occupations.
Falcon Heights currently does not require notification. About half of the communities require
notification before the permit takes effect and the other half require no notification.
S. The usefulness of specifically listing permitted home occupations.
Falcon Heights does not specifically list permitted or non-permitted uses as home occupations. Some
cities list both specifically permitted and prohibited uses and/or examples. The benefit of specifically
listing type of uses that are permitted help citizens decide if they need to apply for a permit. Likewise
listing types of uses that are strictly prohibited are useful in the initial inquiry process so that the
applicant is aware how reasonable or not their request is. Non-permitted uses typically include things
such as automobile repair, machine shops, food service and welding. Permitted uses usually include
things such as professional offices and home crafts.
6. The usefulness of a conditional use permit for those that don't conform to the code - is it better
just not to allow those that don't conform to the code?
Yes, it is better to just not allow uses that don't conform to the code. If a use does not meet the
standards of a home occupation, it is probably better suited for a business or industrial district. Of
. course the City should maintain the conditional use or 'variance' fors cial cases. The City of St.
pawl allows 'variances' to the requirements of home occupation standards only t.o those that can show
some type of handicap (including allergies, mobility impairment, or any other handicap that can be
documented that would require the person to conduct business out of their home).
Another item the City may want to consider adding to the home occupation ordinance is limiting the
amount of a dwelling which can be used. Some ordinances specify one room, and others specify 20%
and 25% of a dwellings floor area. A percentage of floor area is more reasonable and enforceable
than an amount of rooms.
Please let us know if you need any additional information on this.
Sincerely,
DAHLGREN, SHARDLOW, and UBAN INC.
_,
-~~ _
~~,7.7h ~ ~ ~,
-~ynn Ni. Rabuse
Planner
•
Subdivision 25. Home 'Occupations.
• a. Purpose. The purpose of this subdivision is to
define and regulate home occupations so as to permit
only those home occupations that are compatible with
other permitted uses and with the residential character
of neighborhoods. An additional purpose of this
section is to protect health, safety, and general
.welfare of the surrounding neighborhood. No home
occupation shall be permitted which does not conform
with the definition, procedures and requirements which
follow in this subdivision.
b. Definition. A home occupation is a gainful
occupation carried on in a dwelling unit, and not in
any accessory building, within a residential district.
The occupation shall clearly be secondary to the use of
the dwelling for residential purposes, and shall not
.change its character.
c. Procedures. No person shall conduct a home
occupation without first having obtained a license from
the Zoning Administration and the approval of the
Council. Applications for licenses, accompanied by the
appropriate fee, shall state facts that constitute the
basis for compliance with the requirements set forth in
• provision (d). If the Zoning Administrator denies an
application for a home occupation license for failure
to comply with the requirements set forth in provision
112
• PLANNING & DEVELOPMENT 9-14.02
1
(d), an applicant may apply for a conditional use
permit, the consideration and disposition of which
shall be in accordance with Falcon Heights code Section
9-15.04.
d. Rectuirements. The following requirements shall
apply to home occupations within the City of Falcon
Heights. '
1. No home occupations shall be permitted which,
in the opinion of the Zoning Administrator, may be
detrimental to adjacent or nearby residential
amenities;
2. No home occupation shall be permitted which,
in the opinion of the City Fire Chief, may
increase the risk of fire or use of rescue squads
at a greater level than would normally be expected
in a residential district.
3. Exterior storage shall not be permitted.
• 4. Adequate off-street parking space for the home
~ occupation must be available as approved by the
Zoning Administrator, however, no home occupation
shall be granted that creates the need for more
than two (2) parking spaces in addition to those
already used by the occupants of the dwelling.
5. No accessory uses in conjunction with a home
occupation shall be permitted.
6. No home occupation shall be permitted within
an accessory building (as defined in this
Chapter).
7. No signs other than those normally utilized in
a residential district shall be permitted.
8. No over-the-counter retail or wholesale sales
shall be permitted;
9. Entrance to the home occupation shall be
gained from within the structure with no separate
exterior entrance;
10. No stock in trade shall be stored on the
• premises;
113
i
PLANNING & DEVELOPMENT 9-14.02
11. Only occupants of the dwelling unit may
engage in the home occupation;
12. No traffic shall be generated by a home
occupation in greater volume than would normally
be expected in a residential district;
13. No home occupation shall be permitted which
requires the use of commercial vehicle more often
than would normally be expected in a residential
district. For the purpose of this subdivision,
commercial vehicle shall be defined as a
non-passenger vehicle (as passenger vehicle is
defined in Falcon Heights Ordinance Section
9-4.01, Subd. 5d.
14. No home occupation shall produce light glare,
noise, odor or vibration that has an objectionable
• affect on a nearby property;
15. No equipment shall be used in a home
occupation that creates electrical interference to
• surrounding property owners' radio or television
signals;
16. No home occupation shall be conducted between
the hours of 9:00 p.m. and 9:00 a.m. on weekdays,
or between the hours of 6:00 p.m. and 10:00 a.m.
on weekends and holidays;
17. No home occupation shall cause an increase in
sewer or water usage that exceeds the normal range
for residents in the City.
•
_• .-..-~ ~ _~ .
rJ -`/11~ C61r1f~~ -
. 462357 HOUSING, REDEVELOPMENT, PLANNING, ZONING 9406 ~ 9407
<.
~ should not be excluded by municipal zoning ordinances or other land use regulations s _ sistency with other
• from the benefits of normal residential surroundings. For purposes of subdivisions 6a prohibit certain clay
through 9, "person" has the meaning given in,section 245A.02, subdinsion,l l _ with the comprehen
Subd. 7 1?ermltted single family nse A state licensed residential facility serving six lion of agricultural l
or` fewer persons; a licensed day care facility serving 12 or fewer persons, and a group for the purpose of p
= -- - ..
untie »Mmnesota Rules, parts 9502.0315 to 9502 0445 _
family day care facility licensed
terns. The regulatio:
-
to serve 14 or fewer children shall be considered a permitted single family residential surface developmer
use of property for the purposes of zoning. ~ ~ _ _ potential mined unc
-- -- - _
maltifamily nse. Except as otherwise provided in subdivision
_ Subd. 8. Permitted
`- 141, and access then
.
.
--
or county zoning regulation as authorized by this subdivi-
7 or in any town, municipal for an ~ ,
y tracts lots
-
Sion, a state licensed residential facility serving from 7 through l6 persons or a licensed
' obtained.
3ahrough 16 persons shall be considered a permitted
day care facility serving from 1 ~~ The regulations
.
multifamily residential use ~of property for purposes of zoning. A township; municipal _ struction and install:
~r county zoning authority may require a conditional use or special use permit in order - _ and similar utilities
to assure_proper maintenance and operation of a facility; provided that no conditions
..
. - pality of a cash del:
_
.;
shall be imposed on the facility which are more restrictive than those imposed on other '; amount and with su
...._- -
conditional uses or special use's of residential property in_the wine zones, unless the `
~ -~ utilities and improve
,:
_- - _ - _
additional conditions are necessary to protect the health and safety of the residents of ~_. ~ lions of the municip:
the residential facility. Nothing herein shall beconstrued toexclude orprohibit residen- made by a subdivide
tial or day care facilities from single family zones if otherwise permitted by a local zon- _ ~ The regulations
ing regulation. ance with other regL
History: 1965 c 670 s 7,• 1969 c 259 s 1; 1973 c 123 art S s 7; 1973 c 379 s 4; 1973 - _ and to execute dev
c 539 s 1; 1973 c 559 s 1,2; 1975 c 60 s 2; 1978 c 786 s 14,IS,• Ex1979 c 2 s 42,43; 1981 approval. The munic
- ate legal and equitab
c 356 s 248; 1982 c 490 s 2; 1982 c 507 s 22; 1984 c 617 s 6-8; 1985 c 62 s 3; 1985 c 194
s 23; 1986 c 444,- 1987 c 333 s 22; 1989 c 82 s 2,• 1990 c 391 art 8 s 47,• 1990 c 568 art K~. Subd. 2b. Dedic
2 s 66,67 - proposed subdivision
_ __-.._ __ _ _ . _'. roads, sewers, electric
or ponds and similar
~ In addition, the r
subdivision be dedic~
f ~ r ~ ~`~ public use as parks, p
l•i (~ municipality may ch-
for part or all of the .
based on the fair mar
(b) any cash payment
used only for the purl
reasonable portion to
recreational, or comm.
- ~ for the subdivision, a:
to acquire that portion
'' approval of the subdi~
~.. Subd. 3. [Repeale
~'~_ Subd. 3a. Platting
cels, tracts, or lots, sha
~~ which create five or m
r~ platted. The regulation.
~~ address subjects similr
~`~ ~'~ ~
Subd
3b
Reriew
.
.
.
the content of applicati
~ -::
;~
and approval or disapp
_
_ affected political subdi
consolidation of the pre
visions. Preliminary or
aPPlications. The regu:
fanning commission, t
erring body of the mun
•
• Planning Commission
11 /22/93
Agenda item: 5
ITEM: Discussion on directions to proceed with the eight uses under the
commercial development moratorium
SUBMITTED BY: Susan Hoyt, City Administrator
Paul Colton, Planning Intern
REVIEWED BY: Peter Bachman, City Attorney
EXPLANATION/DESCRIPTION:
There was not a quorum at the October planning commission meeting. Despite this
the commissioners and staff that were present discussed the possible directions to
proceed with the proposed uses in the commercial development moratorium. In order
to proceed, staff would like direction from the commission when more commissioners
are present and at an official meeting. Therefore, this topic returns to the agenda.
The staff report (Attachment 2), that commissioners received last month, will provide
the basis for the discussion.
Over the past month, staff gathered additional information in the following areas:
• purpose statements for varied business districts to compare to the B - 3
district purpose statement
• definitions of these uses from other city's zoning codes
• crime data related to specific uses
• physical characteristics of some specific uses
• types of zoning districts that these uses are permitted in, in selected
cities
General recommendations from this research are included in the attached staff report.
(Attachment 1)
ACTION:
Discuss the direction for each of the eight uses and direct staff on how to proceed.
•
~; -1
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 GENERAL CHANGES IN THE BUSINESS DISTRICTS
1. Re title the B 3 district from the Snellina/Larpenteur 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 purpose 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. One possibility is a purpose statement 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
• 1
residential neighborhoods by limitations and control of uses
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 meet the purposes of the B-3 district only include permitted and
conditional uses that do not create or reauire substantial police involvement
or surveillance. When possible, adopt conditions to minimize or eliminate
these impacts (see attachment A). For example:
• 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 an accessory use in the bowling
alley with defined # tables or video games/square feet.
• License therapeutic massage businesses
4. Kee ermitted 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
• 2
• _ cameras
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.
• Therapeutic massage: permitted in zone's with this purpose (see
number 3).
• Check cashing: permitted in a zone's with this purpose (see number
3-.
• • Adult uses: not permitted in zones with this purpose. Requires
distance requirements that cannot be met in Falcon Heights.
(Minneapolis is 1,000 feet, Bloomington 500 feet, Ramsey 1,000 feet
from a residential zone.) Use is available in nearby cities.
• Pool hall and game arcades: see conditions under number 3.
• Offices: (not a moratorium use) 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 interior automatic windows during business
hours.
• No automatic interior or exterior security locked doors that require
ringing or requesting entry or departure.
• No on-going outdoor storage or displays of merchandise outside the
business.
• 3
• ~ FALCON HEIGHTS
~-
2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113-5594 PHONE (612) 644-5050 FAX (612) 644-8675
15 October 1993
MEMO
TO: Planning Commissioners
FROM: Susan Hoyt, City Administrator
RE: Report on options for regulating commercial uses in the Snelling and
Larpenteur Commercial District that are included in the commercial
development moratorium
1. BACKGROUND
• There are eight uses listed in the city's commercial development
moratorium. These are:
• adult uses
• personal service establishments that are not adult uses, specifically
therapeutic massage
• pawn shops
• precious metal dealers
• second hand goods dealers
• pool halls and game arcades
• check cashing facilities
• stores that sell ammunition or firearms
At the September, 1993 planning commission meeting, staff provided the
• commission with information on how some cities control these uses through
HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICULTU~REC~
PRINTED ON RECYCLED PAPER
•
Page 2
zoning and licensing. The commission discussed the eight uses and
requested staff to further research on:
• What impacts might result from the inclusion of these uses in the
city's Snelling and Larpenteur Commercial District?
• What characteristics make ,Falcon Heights's unique for regulating
commercial zoning uses?
• How the neighboring cities of Roseville and St. Paul regulate these
uses?
II. KEY POINTS ON DECIDING HOW TO PROCEED
Staff met with the Peter Bachman, the city attorney, to further define what
options are legally available and reasonable for the city to pursue in
controlling these uses. Although this information may not be new to you, it
is useful to summarize it.
• A. Under its statuator~police powers the city has the authority to adopt
ordinances including land use ordinances that protect the health,
safety and public welfare. A use may be controlled bv:
• zoning -permitting it or not permitting a use in a zoning district
• zoning with conditions on where, when and how a use
operates
• licensing requirements
• a combination of zoning and licensing
B. Under Section 9.201 Subd. 3 in the city's zoning code, if a use is not
listed as a permitted or conditional use in the district, it is not allowed
in the city.
The council may pass a resolution finding that a use that is not
specifically listed in the zoning code is similar to those uses that are
listed, and therefore, should be allowed.
C. A challenge may result from not including a use if the use is deemed
similar to anther use that is listed as a permitted or conditional use in
the zonin4 district.
• Therefore, the commission must review the current list of permitted
and conditional uses to make sure that they clearly identify uses that
create the desired business environment in the Snelling and
III. OPTIONS ON HOW TO PROCEED WITH INDIVIDUAL USES
After doing some furhter research and thinking about each of the eight uses, staff
realized that to do an impact study on each use would be time-consuming and
unnecessary if there are other ways to effectively regulate these uses. Therefore,
staff compiled a list of options for the commission's review. For the purpose of
moving this along and to direct discussion the options include staff
recommendations on how to proceed. These recommendations will be discussed
at the planning commission meeting.
* Staff recommendations
Adult uses
Option 1 Prepare a secondary impact study based upor~,other cities' work, then
adopt an ordinance with conditions that permits an adult use
establishment to locate in a specific place.
Option 2 Exclude.
*Option 3 Prepare a secondary impact study based upon other cities' work, then
determine whether the impacts warrant excluding the use.
n
LJ
Personal service establishments specifically therapeutic massage
*Option 1 Permit with licensing.
Option 2 Exclude.
Option 3 Prepare an impact study to determine whether the impacts warrant
excluding the use.
Pawnshops including precious metal dealers that yawn merchandise
Option 1 Permit with conditions and licensing.
Option 2 Exclude.
*Option 3 Prepare an impact study to determine whether the impacts warrant
excluding pawn shops.
•
' Precious metal dealers without anv aawning activity
Option 1 Permit with licensing measures.
• Option 2 Exclude.
Option 3 Prepare an impact study to determine if the impacts warrant excluding
this use.
* See Secondhand goods dealers
Secondhand goods dealers
Option 1 Permit the use with conditions and licensing requirements that control
the use and limit the number of such businesses.
*Option 2 Permit the use with conditions and licensing requirements that allow ,
secondhand goods as a maximum percentage of the business
inventory activity or restricts sales of used electronic goods, precious
metals, items with ID numbers.
*Option 3 Permit only specialty secondhand goods dealers.
*Option 4 Permit secondhand goods dealers that do not purchase used goods on
site, but are traded on-site or purchased off-site.
Option 5 Exclude.
Option 6 Prepare an impact study to determine if the impacts
warrant excluding this use.
Check cashing facilities
*Option 1 Permit with conditions and licensing including a maximum of one such
business. Make the conditions stringent enough that the business, if
it locates here, will not negatively impact the business district or
surrounding neighborhoods.
Option 2 Exclude.
Option 3 Prepare an impact study to determine if the impacts warrant excluding
• this use.
Pool halls and game arcades
• Option 1 Permit one pool hall and game arcade (combined) with conditions
requiring security and limited hours.
Option 2 Exclude.
Option 3 Prepare an impact study using previous Falcon Height's information to
determine if the impacts warrant excluding this use.
*Option 4 Permit a bowling alley to include a limited number of pool tables
(#/square foot) and games (#/square foot) as a secondary use through
licensing.
Stores selling firearms
Option 1 Permit the use with conditions and licensing.
*),? Option 2 Permit a retail establishment that sells specific types of new firearms and
ammunition as a portion of a larger sporting goods business. Conditions
may be placed on the display and security of those items.
Option 3 Prepare an impact study to determine if the impacts warrant excluding
this use.
i
moratori.opt
•
IV. CONCLUSION
A. The following items needs to be accomplished to complete the next
steps toward concluding the commercial development moratorium.
1. Clarify the purpose statements in the commercial zoning
districts.
2. Review and clarify definitions of permitted uses, particularly
general retail uses and financial uses.
3. Develop definitions of adult uses, pawn shop, precious metal
dealers, secondhand goods dealers, check cashing facilities
4. Follow the commission's direction for each use.
•
~~~
i•
I•
I. CRIME STATISTICS AND POLICE ACTIVITY RELATED TO USES
A. Tallied crime data
Crime data from January 1, 1993 through September 30, 1993 was collected
from local police departments including St. Paul, Brooklyn Park, Maplewood,
White Bear Lake, Richfield and Edina.
Burglary(1) Theft(2) Disorderly other
conduct
Pawnshops
(13 stores) 6 13 3 7 vandalisms
Second
hand
stores 2 17 2 3 vandalisms
(19 stores)
Precious
metal dealers
w. jewelry
(51 stores) 4 7 0 3
Firearms
Sellers
(13 stores) 5 3 1 1 domestic
Pool/Video
Arcades
(8 stores) 3 13 6 12 vandalism
check
cashing
(13 stores) 3 7 3 3 vandalism
5 domestic
(1) Burglary: thefts from store when closed for business.
(2) Theft: thefts from store when open for business or to vehicles on the
premises
I•
1
I•
I•
I•
II. Crime data by selected specific stores (selected because of availability of
information)
Store Location
PAWNSHOPS
Pawn Burnsville
America
Burns Bloomington
Pawn
National
Pawn
Brokers Bloomington
Gun shop
and Pawn
broker Richfield
Plaza
Pawn Richfield
PRECIOUS
METAL
Twin Cities
Gold ~ Silver Richfield
SECONDHAND
STORE
Value
Village
Thrift Richfield
Police calls Arrests other
5 since Jan, 1993 n/a
0 in since 1992 0 musical
instruments
214 since July,1992 50 to 70
25 since Nov., 1992 n/a
3 since April, 1993 n/a
2 since Jan,1993 n/a
11 since April, 1992 n/a
III. Police activity related to uses
State statute requires that pawn shops, precious metal dealers and
secondhand goods dealers record and report identifying information on certain
types of items like jewelry, guns, electronic equipment, etc. to the police to
account for stolen prope-ty that might come through the store. All stores must
2
• conform to this requirement regardless of their management history in
controlling stolen goods. The local police department is charged with
monitoring this task. The Burnsville, Richfield and Bloomington police spend
about 15 hours per week monitoring pawnshop information. This does not
include time spent on calls for service, arrests, legal work and court.The
amount of police and attorney time spent on calls for service, arrests, legal
work and court are related to how frequently the business has crime related
problems. As statistics show, this varies by business and is probably partially
related to management and types of goods.
IV. Relationship between crime information and city zoning and licensing
of certain uses
Cities can zone for and license specific uses. They cannot selectively
control for management.
• Cities can charge a license fee for the costs associated with particular
uses. A licensing fee .for a pawnshop should reflect the police time
spent reviewing records (15 hours/week X 52 weeks /year X $ 25/hour
police salary = $ 19,500). Based upon the information gathered, the city
can assume that there would be some calls for service, arrests and
legal time on monitoring a pawnshop or secondhand goods dealer that
dealt in certain types of uses. Therefore, a fee for a minimum number
of such activities should be added to the basic fee for police
surveillance. Staff did not calculate a price estimate to date.
•
3
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 GENERAL CHANGES IN THE BUSINESS DISTRICTS
• 1. Re title the B 3 district from the Snellina/Larpenteur 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 purpose 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. One possibility is a purpose statement 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
• 1
residential neighborhoods by limitations and control of uses
. 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 meet the purposes of the B-3 district only include permitted and
conditional uses that do not create or reauire substantial police involvement
or surveillance. When possible, adopt conditions to minimize or eliminate
these impacts (see attachment A). For example:
• 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 an accessory use in the bowling
alley with defined # tables or video games/square feet.
• License therapeutic massage businesses
4. Kee ermitted 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
• 2
cameras
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.
• Therapeutic massage: permitted in zone's with this purpose (see
number 3).
• Check cashing: permitted in a zone's with this purpose (see number
3).
• Adult uses: not permitted in zones with this purpose. Requires
distance requirements that cannot be met in Falcon Heights.
(Minneapolis is 1,000 feet, Bloomington 500 feet, Ramsey 1,000 feet
from a residential zone.) Use is available in nearby cities.
• Pool hall and game arcades: see conditions under number 3.
• Offices: (not a moratorium use) review office use as to how it fits into
the B-3 zone's purpose.
5. Under the general reauirements of the zoning district reauire businesses to
meet aesthetic conditions that guarantee a visual sense of security and easy
accessibility.
• No bars on doors and interior automatic windows during business
hours.
• No automatic interior or exterior security locked doors that require
ringing or requesting entry or departure.
• No on-going outdoor storage or displays of merchandise outside the
business.
•
3