New Brighton Planning Commission Meeting April 18, 2006 Public Hearing: Zoning Ordinance Amendment: Section Regarding Commercial/Industrial Park Land Dedication

Request Implement park land dedication requirements for commercial and industrial property. Implement park land dedication requirements for commercial and industrial property. The amendment appears in the Chapter 26 of the City Code, which is the Subdivision Regulations. Therefore, dedication can only occur in conjunction with a subdivision application. The amendment appears in the Chapter 26 of the City Code, which is the Subdivision Regulations. Therefore, dedication can only occur in conjunction with a subdivision application. Current park land dedication requirements exist for residential property only. Current park land dedication requirements exist for residential property only. Drafting of this ordinance was a directive of the City Council. Drafting of this ordinance was a directive of the City Council.

Summary of Proposed Ordinance Payment of land and/or cash would be equal to that of residential property. Payment of land and/or cash would be equal to that of residential property. Requires dedication of 10% of the total land being developed for parks, recreation and usable open space. Requires dedication of 10% of the total land being developed for parks, recreation and usable open space. City has the option to consider payment of a reasonable amount in lieu of land dedication where appropriate. An increase or decrease of dedication, either land and/or cash, can be reviewed by the Council and this is determined based on the intended use of the property. City has the option to consider payment of a reasonable amount in lieu of land dedication where appropriate. An increase or decrease of dedication, either land and/or cash, can be reviewed by the Council and this is determined based on the intended use of the property. The proposed language has been drafted by the City Attorney and reviewed by the Park, Recreation, and Environmental Committee. The proposed language has been drafted by the City Attorney and reviewed by the Park, Recreation, and Environmental Committee.

Recommendations The Park, Recreation, and Environmental Committee voted to approve the amendment on April 5, 2006, as drafted (no changes). The Park, Recreation, and Environmental Committee voted to approve the amendment on April 5, 2006, as drafted (no changes). Staff is recommending approval of the proposed amendment. Staff is recommending approval of the proposed amendment.

Public Hearing: Zoning Ordinance Amendment: Section (8) (1) Regarding Specially Permitted Uses in R-1 Districts

Request Implement an amendment to Section 4-030, which is the list of specially permitted uses within all residential districts. Implement an amendment to Section 4-030, which is the list of specially permitted uses within all residential districts. Specifically, the amendment should allow food preparation in association with a catering use and only within governmental or non-profit uses (such as a church). Specifically, the amendment should allow food preparation in association with a catering use and only within governmental or non-profit uses (such as a church). Churches and the like are already permitted in residential districts by Special Use Permit. Churches and the like are already permitted in residential districts by Special Use Permit.

Background A caterer attempted to receive a license from the City Sanitarian for a catering use. A caterer attempted to receive a license from the City Sanitarian for a catering use. The caterer listed Atonement Lutheran Church, at the SW corner of Silver Lake Road and Rice Creek Road, as the primary address of the business. The caterer listed Atonement Lutheran Church, at the SW corner of Silver Lake Road and Rice Creek Road, as the primary address of the business. In turn, strict interpretation of the Zoning Ordinance would not allow this type of use to operate out of a church so the caterer was denied a license. In turn, strict interpretation of the Zoning Ordinance would not allow this type of use to operate out of a church so the caterer was denied a license. Council directed staff to work on an amendment as the proposed use would have minimal if no negative impacts on the neighborhood. Council directed staff to work on an amendment as the proposed use would have minimal if no negative impacts on the neighborhood.

Summary of Proposed Ordinance The proposed language establishes a special use permit for “food preparation by a catering business” within colleges, libraries, museums, schools, churches and similar public uses. The proposed language establishes a special use permit for “food preparation by a catering business” within colleges, libraries, museums, schools, churches and similar public uses. 6 conditions of the special use have been established relating to proper facilities and licenses, parking, storage, signage, employees, and hours of operation. 6 conditions of the special use have been established relating to proper facilities and licenses, parking, storage, signage, employees, and hours of operation. Additionally, the general special use permit standards of Section relating to general health, safety and welfare would still apply and provide an additional layer of regulation where needed. Additionally, the general special use permit standards of Section relating to general health, safety and welfare would still apply and provide an additional layer of regulation where needed. The City Attorney has reviewed the proposed amendment and provided comments, which have been incorporated into the proposed language. The City Attorney has reviewed the proposed amendment and provided comments, which have been incorporated into the proposed language.

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

Public Hearing: Zoning Ordinance Amendment: Section Regarding Directional Signage for Institutional Uses

Request Establish a set of standards whereby directional signage for institutional uses would be regulated within the City. Establish a set of standards whereby directional signage for institutional uses would be regulated within the City. The current ordinance does not permit this type of off-site signage. The current ordinance does not permit this type of off-site signage. The City knows of at least one off-site directional sign for a church use within the City limits. The City knows of at least one off-site directional sign for a church use within the City limits. This amendment attempts to formally allow these signs in a similar manner to the one that currently exists within the City. This amendment attempts to formally allow these signs in a similar manner to the one that currently exists within the City.

Summary of Proposed Ordinance Section lists general sign provisions applicable within all zoning districts. Section lists general sign provisions applicable within all zoning districts. The proposed amendment would appear in this section and would allow for directional signage for institutional uses only (either on public or private property) subject to six conditions. The proposed amendment would appear in this section and would allow for directional signage for institutional uses only (either on public or private property) subject to six conditions. The six conditions deal with written permission of underlying property owner (including the County or State), location, # of such signs permitted, height and area limitations, setbacks, and City Engineer approval. The six conditions deal with written permission of underlying property owner (including the County or State), location, # of such signs permitted, height and area limitations, setbacks, and City Engineer approval. Institutional use has been defined as governmental or non-profit uses. Institutional use has been defined as governmental or non-profit uses. The City Attorney has reviewed the ordinance and his comments have been incorporated in the amendment. The City Attorney has reviewed the ordinance and his comments have been incorporated in the amendment.

COUNTY ROADS County Road H Mississippi Street Silver Lake Road Rice Creek Road County Road E County Road D Cleveland Avenue SE County Road E2 Long Lake Road Highway 96 Old Highway 8 CITY STREETS 14 th Street NW Innsbruck Drive 7 th Street NW 5 th Street N & NW 16 th Avenue SW Silver Lane/Foss Road New Brighton Road 8 th Avenue NW & SW 10 th Street NW 1 st Street NW 5 th Avenue NW 16 th Street NW Stinson Boulevard HIGHWAYS I-694 Highway 88 35W

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