New BrightonNew BrightonPlanning Commission Planning Commission

MeetingMeetingApril 18, 2006April 18, 2006

Public Hearing:Public Hearing:

Zoning Ordinance Amendment: Section 26-Zoning Ordinance Amendment: Section 26-50 Regarding Commercial/Industrial Park 50 Regarding Commercial/Industrial Park

Land DedicationLand Dedication

RequestRequest

Implement park land dedication requirements for Implement park land dedication requirements for commercial and industrial property.commercial and industrial property.

The amendment appears in the Chapter 26 of the The amendment appears in the Chapter 26 of the City Code, which is the Subdivision Regulations. City Code, which is the Subdivision Regulations. Therefore, dedication can only occur in Therefore, dedication can only occur in conjunction with a subdivision application.conjunction with a subdivision application.

Current park land dedication requirements exist Current park land dedication requirements exist for residential property only.for residential property only.

Drafting of this ordinance was a directive of the Drafting of this ordinance was a directive of the City Council.City Council.

Summary of Proposed OrdinanceSummary of Proposed Ordinance

Payment of land and/or cash would be equal to that Payment of land and/or cash would be equal to that of residential property.of residential property.

Requires dedication of 10% of the total land being Requires dedication of 10% of the total land being developed for parks, recreation and usable open developed for parks, recreation and usable open space.space.

City has the option to consider payment of a City has the option to consider payment of a reasonable amount in lieu of land dedication where reasonable amount in lieu of land dedication where appropriate. An increase or decrease of dedication, appropriate. An increase or decrease of dedication, either land and/or cash, can be reviewed by the either land and/or cash, can be reviewed by the Council and this is determined based on the Council and this is determined based on the intended use of the property.intended use of the property.

The proposed language has been drafted by the City The proposed language has been drafted by the City Attorney and reviewed by the Park, Recreation, and Attorney and reviewed by the Park, Recreation, and Environmental Committee.Environmental Committee.

RecommendationsRecommendations

The Park, Recreation, and Environmental The Park, Recreation, and Environmental Committee voted to approve the amendment on Committee voted to approve the amendment on April 5, 2006, as drafted (no changes).April 5, 2006, as drafted (no changes).

Staff is recommending approval of the proposed Staff is recommending approval of the proposed amendment. amendment.

Public Hearing:Public Hearing:

Zoning Ordinance Amendment: Section 4-Zoning Ordinance Amendment: Section 4-030 (8) (1) Regarding Specially Permitted 030 (8) (1) Regarding Specially Permitted

Uses in R-1 DistrictsUses in R-1 Districts

RequestRequest

Implement an amendment to Section 4-030, Implement an amendment to Section 4-030, which is the list of specially permitted uses which is the list of specially permitted uses within all residential districts.within all residential districts.

Specifically, the amendment should allow food Specifically, the amendment should allow food preparation in association with a catering use preparation in association with a catering use and only within governmental or non-profit uses and only within governmental or non-profit uses (such as a church).(such as a church).

Churches and the like are already permitted in Churches and the like are already permitted in residential districts by Special Use Permit.residential districts by Special Use Permit.

BackgroundBackground

A caterer attempted to receive a license from the A caterer attempted to receive a license from the City Sanitarian for a catering use.City Sanitarian for a catering use.

The caterer listed Atonement Lutheran Church, at The caterer listed Atonement Lutheran Church, at the SW corner of Silver Lake Road and Rice Creek the SW corner of Silver Lake Road and Rice Creek Road, as the primary address of the business.Road, as the primary address of the business.

In turn, strict interpretation of the Zoning In turn, strict interpretation of the Zoning Ordinance would not allow this type of use to Ordinance would not allow this type of use to operate out of a church so the caterer was denied a operate out of a church so the caterer was denied a license.license.

Council directed staff to work on an amendment as Council directed staff to work on an amendment as the proposed use would have minimal if no the proposed use would have minimal if no negative impacts on the neighborhood.negative impacts on the neighborhood.

Summary of Proposed OrdinanceSummary of Proposed Ordinance

The proposed language establishes a special use The proposed language establishes a special use permit for “food preparation by a catering business” permit for “food preparation by a catering business” within colleges, libraries, museums, schools, churches within colleges, libraries, museums, schools, churches and similar public uses.and similar public uses.

6 conditions of the special use have been established 6 conditions of the special use have been established relating to proper facilities and licenses, parking, relating to proper facilities and licenses, parking, storage, signage, employees, and hours of operation.storage, signage, employees, and hours of operation.

Additionally, the general special use permit standards Additionally, the general special use permit standards of Section 8-130 relating to general health, safety and of Section 8-130 relating to general health, safety and welfare would still apply and provide an additional welfare would still apply and provide an additional layer of regulation where needed.layer of regulation where needed.

The City Attorney has reviewed the proposed The City Attorney has reviewed the proposed amendment and provided comments, which have been amendment and provided comments, which have been incorporated into the proposed language.incorporated into the proposed language.

Staff RecommendationStaff Recommendation

If acceptable, direct the Council to adopt the If acceptable, direct the Council to adopt the attached language as drafted and/or with any attached language as drafted and/or with any

proposed revisionsproposed revisions..

Public Hearing:Public Hearing:

Zoning Ordinance Amendment: Section 9-Zoning Ordinance Amendment: Section 9-040 Regarding Directional Signage for 040 Regarding Directional Signage for

Institutional UsesInstitutional Uses

RequestRequest

Establish a set of standards whereby directional Establish a set of standards whereby directional signage for institutional uses would be regulated signage for institutional uses would be regulated within the City.within the City.

The current ordinance does not permit this type The current ordinance does not permit this type of off-site signage.of off-site signage.

The City knows of at least one off-site directional The City knows of at least one off-site directional sign for a church use within the City limits.sign for a church use within the City limits.

This amendment attempts to formally allow these This amendment attempts to formally allow these signs in a similar manner to the one that signs in a similar manner to the one that currently exists within the City.currently exists within the City.

Summary of Proposed OrdinanceSummary of Proposed Ordinance

Section 9-040 lists general sign provisions applicable Section 9-040 lists general sign provisions applicable within all zoning districts.within all zoning districts.

The proposed amendment would appear in this The proposed amendment would appear in this section and would allow for directional signage for section and would allow for directional signage for institutional uses only (either on public or private institutional uses only (either on public or private property) subject to six conditions.property) subject to six conditions.

The six conditions deal with written permission of The six conditions deal with written permission of underlying property owner (including the County or underlying property owner (including the County or State), location, # of such signs permitted, height State), location, # of such signs permitted, height and area limitations, setbacks, and City Engineer and area limitations, setbacks, and City Engineer approval.approval.

Institutional use has been defined as governmental or Institutional use has been defined as governmental or non-profit uses.non-profit uses.

The City Attorney has reviewed the ordinance and his The City Attorney has reviewed the ordinance and his comments have been incorporated in the amendment.comments have been incorporated in the amendment.

COUNTY ROADSCounty Road HMississippi StreetSilver Lake RoadRice Creek RoadCounty Road ECounty Road DCleveland Avenue SECounty Road E2Long Lake RoadHighway 96Old Highway 8

CITY STREETS14th Street NWInnsbruck Drive7th Street NW5th Street N & NW16th Avenue SWSilver Lane/Foss RoadNew Brighton Road8th Avenue NW & SW10th Street NW1st Street NW5th Avenue NW16th Street NWStinson Boulevard

HIGHWAYSI-694Highway 8835W

Staff RecommendationStaff Recommendation

If acceptable, direct the Council to adopt the If acceptable, direct the Council to adopt the language as drafted and/or with any proposed language as drafted and/or with any proposed revisions.revisions.