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121415 PacketPlanning Commission Agenda December 14, 2015 7:00 p.m. Introductory Proceedings Roll Call Approval of Minutes: Regular Planning Commission meeting of November 23, 2015. Opportunity for Citizens to Address the Commission on items not on the Agenda Public Hearing ITEM #1 15-SP-04, Consider a site plan and variances for a fitness studio at 6722 15-VAR-08 Penn Avenue. ITEM #2 PC Letter#18 Consider an Ordinance regulating beekeeping in all zoning districts. New Business Old Business Liaison Reports Community Services Advisory Commission City Council Housing and Redevelopment Authority(HRA) Richfield School Board Transportation Commission Chamber of Commerce Other City Planner's Report Next Meeting Date: January 25, 2016 Adjournment Auxiliary aid for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612/861-9738". Planning Commission r Minutes November 23, 2015 MEMBERS PRESENT: Chairperson Rick Jabs and Commissioners Erin Vrieze Daniels, Sean Hayford Oleary, Susan Rosenberg, and Dan Kitzberger MEMBERS ABSENT:Commissioners Gordon Vizecky and Charles Standfuss STAFF PRESENT: Matt Brillhart, Planning Technician John Stark, Community Development Director OTHERS PRESENT: Dean Trongard, 6232 Lyndale Avenue (applicant) Chairperson Jabs called the meeting to order at 7:00 p.m. Commissioner Vrieze Daniels was appointed Acting Secretary. APPROVAL OF MINUTES M/Vrieze Daniels, S/Rosenberg to approve the minutes of the October 26, 2015 regular meeting. Motion carried: 5-0 OPEN FORUM No members of the public spoke. PUBLIC HEARING(S) ITEM #1 15-ASP-04, 15-VAR-07 — Consider approval of a site plan for modifications to an existing building, construction of an accessory parking lot and associated variances at 6232 Lyndale Avenue. Planning Technician Matt Brillhart presented the staff report. Applicant Dean Trongard added some brief remarks. In response to a question from Commissioner Hayford Oleary, Mr. Trongard stated there was a cross-access agreement in place with 6234 Lyndale. November 23, 2015 In response to a question from Commissioner Kitzberger, Mr. Trongard stated that they were working on a lease of the MNDOT-owned vacant parcel to the north, which will be transferred from MNDOT to City ownership in the future. M/Rosenberg, S/Vrieze Daniels to close the public hearing. Motion carried: 5-0 Chair Jabs noted a typo in item 5(g) of the resolution. Community Development Director John Stark provided additional clarification on item 5(I). Commissioner Vrieze Daniels expressed concern with the setback of the building. Commissioner Hayford Oleary expressed similar concern and inquired if there was a maximum setback or a requirement for consistency with adjacent buildings. Brillhart stated there is a 40 foot maximum setback in the C-2 district, but no requirement for consistency. M/Rosenberg, S/Kitzberger to recommend approval of the site plan and variances. In response to a question from Commissioner Hayford Oleary, Brillhart provided clarification on the stipulation limiting the building to low-intensity uses until additional parking could be secured on the parcel to the north. Motion carried: 5-0 NEW BUSINESS None. OLD BUSINESS None. LIAISON REPORTS Community Services Advisory Commission: Chair Jabs City Council: Commissioner Rosenberg HRA: No report Richfield School Board: Commissioner Kitzberger Transportation Commission: Commissioner Hayford Oleary Chamber of Commerce: No report CITY PLANNER'S REPORT Brillhart noted that the next Planning Commission meeting was Monday, December 14tH 2 November 23, 2015 ADJOURNMENT M/Rosenberg, S/Vrieze Daniels to adjourn the meeting. Motion carried: 5-0 The meeting was adjourned by unanimous consent at 7:20 p.m. Erin Vrieze Daniels Acting Secretary 3 AGENDA SECTION: PUBLIC HEARING AGENDA ITEM# 1 REPORT# CASE# 15-SP-04, 15-VAR- 08 P PLANNING COMMISSION STAFF REPORT V _ PC MEETING DATE: DECEMBER 14, 2015 ITEM FOR PLANNING COMMISSION CONSIDERATION: Public hearing to consider a request for site plan approval and variances to allow a fitness studio in an existing building at 6722 Penn Avenue. II.RECOMMENDED ACTION:I Conduct and close a public hearing and by motion: Recommend approval of a site plan and variances to allow a fitness studio at 6722 Penn Avenue. II. BACKGROUND Originally constructed in 1951, the building at 6722 Penn Avenue has been vacant for several years. The site was most recently approved for an adult day care facility in 2013; however that business never actually occupied the building. The site was previously used as office/meeting space and small engine repair. The applicant would like to lease approximately one-half of the building for use as a fitness studio. Because the building has been vacant for over one year, all legally nonconforming status has expired; any new user must meet or approach current Code requirements or apply for variances. The applicant has requested variances to parking lot and building setbacks, impervious surface maximums, and landscaping regulations. The proposed use is reasonable and offers improvements to the site. Staff recommends approval of the proposed site plan and variances. III. BASIS OF RECOMMENDATION A. POLICY This property is zoned Mixed Use — Community (MU-C) and is within the Penn Avenue Corridor (PAC) Overlay District. The Penn Avenue Corridor District allows for a balanced mix of commercial, office and residential uses that together create a cohesive and pedestrian-friendly area. Site plan approval is required prior to the change in use of a building. The proposed site plan will improve upon existing conditions, while allowing for reuse and aesthetic improvements. General Requirements Service uses require 3 parking stalls per 1,000 feet of gross floor area. The applicant is proposing to lease half, or 1,800 square feet, of the 3,600 square foot building. The other half of the building remains vacant at this time. The requirement for this use is five stalls after a reduction for public transit proximity. There are currently eight parking stalls on site, and another three on Penn Avenue. A surplus of six stalls remains for an adjacent new tenant in the vacant portion of the building. Staff believes that additional parking could also be striped on site, if necessary. The applicant is requesting variances from building and parking lot setbacks, impervious surface regulations, and landscaping requirements. Variances Requested: Required (R), Proposed (P) Minimum parking lot setback (R: 5 ft.; P: 0 ft.) o The existing parking lot has a shared drive aisle with the adjacent property to the north. No changes are proposed. Maximum building setbacks (R: 15 ft.; P: front-22 ft., rear-29 ft., north side-50 ft.) o No changes are proposed to the building dimensions. Maximum impervious surface coverage (R: 80%; P: 95.7°/x) o There is an opportunity to add a limited amount of pervious surface behind the building; however, staff does not believe that there would be any tangible benefit. Landscaping requirements o No major changes to existing conditions are proposed and several requirements will not be met. The site includes landscaped planting areas facing Penn Avenue. These plantings must be maintained to meet the intent of the Penn Avenue Design Guidelines, including live plant materials during the spring, summer, and fall and seasonal decor over the winter. Additional information related to the requested variances and required findings can be found in the attached document. General Criteria for Site Plan Evaluation In evaluating a site plan, the Planning Commission and City Council shall consider its compliance with the following criteria which are discussed more fully in the attached requirements document: Consistency with the various elements and objectives of the City's Comprehensive Plan. Consistency with the purposes of the City Code. Consistency and harmony with the general appearance of neighboring developed areas and open spaces. An internal sense of order and provision of a desirable environment. Appropriateness of the amount and arrangement of open space and landscaping, the building materials, textures and colors. Adequacy of circulation and parking for all modes of transport. Use of energy-conserving design. Protection of adjacent and neighboring properties from negative environmental impacts. Criteria listed are all met or improved by the proposed site plan. B. CRITICAL ISSUES None. C. FINANCIAL The required application fee has been paid. D. LEGAL Notification: Notice of this public hearing was published in the Sun Current in accordance with State and Local requirements. Properties within 350 feet were notified by mail. Council consideration is scheduled for January 12, 2015. IV. ALTERNATIVE RECOMMENDATION(S) Recommend approval of the proposal with modifications. Recommend denial with a finding that the proposed use does not meet requirements. V. ATTACHMENTS Resolution Requirements document Proposed plans Planning & zoning maps VI. PRINCIPAL PARTIES EXPECTED AT MEETING Catherine Molinett - applicant RESOLUTION NO. RESOLUTION GRANTING APPROVAL OF A SITE PLAN AND VARIANCES AT 6722 PENN AVENUE WHEREAS, an application has been filed with the City of Richfield which requests approval of site plans for an athletic studio on the parcel of land located at 6722 Penn Avenue the "Property"), legally described as: Lots 5 and 6, Block 16, Tingdale Brothers Lincoln Hills Addition, Hennepin County, Minnesota WHEREAS, the Planning Commission of the City of Richfield held a public hearing and recommended approval of the requested conditional use permit and variances at its December 14, 2015 meeting; and WHEREAS, notice of the public hearing was published in the Sun-Current and mailed to properties within 350 feet of the subject property; and WHEREAS, the Zoning Code requires a minimum parking lot setback of 5 feet from adjacent commercial and mixed-use property, while the proposed site plan allows for parking lot setbacks of 0 feet; and WHEREAS, the existing building at 6722 Penn Avenue does not meet various setback requirements specified in the Mixed Use Community (MU-C) District; and WHEREAS, impervious surfaces cover 95.7% of the site; and WHEREAS, the site does not meet general landscaping and screening requirements, as described in Zoning Code Subsection 544.03; and WHEREAS, Minnesota Statutes Section 462.357, Subdivision 6, provides for the granting of variances to the literal provisions of the zoning regulations in instances where their enforcement would cause "practical difficulty" to the owners of the property under consideration; and WHEREAS, based on the findings below, the Richfield City Council approves the requested variances from Richfield City Code Subsection 537.07, Subdivision 1; Subsection 544.03; and Subsection 544.13, Subd. 5; and WHEREAS, the City has fully considered the request for approval for the site plan with variances; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Richfield, Minnesota, as follows: 1. The City Council makes the following general findings: a. The Property is zoned Mixed Use Community (MU-C) and is located in the Penn Avenue Corridor overlay. b.Health club / athletic studio uses are permitted in the MU-C District. The Penn Avenue Corridor District provides for a balanced mix of commercial, office and residential uses that together create a cohesive and pedestrian-friendly area. C.The site and building are existing, and have been used for office, service, or retail uses since 1951. d.Reuse of this building on this site in any fashion will require variances. e. Code states that the minimum parking lot setback from adjacent mixed-use property is 5 feet. A variance from Subsection 544.13, Subd. 5 is required. f.Code states that the maximum front, side, and rear setbacks for a principal building shall not exceed 15 feet. The proposed setbacks are 22 feet, 50 feet, and 29 feet, respectively. Code states that the maximum impervious surface area shall not exceed 80%. The proposed impervious surface area is 95.7%. Variances from Subsection 537.07, Subd. 1 are required. g.Proposed landscaping and screening plans do not meet several requirements. A variance from Subsection 544.03 is required. 2. With respect to the application for variances from the above-listed requirements, the City Council makes the following findings: a. Strict enforcement of the Richfield Zoning Code Subsections listed above would cause a practical difficulty. The existing property cannot be used in any fashion without variances. It is reasonable to allow the reuse of an existing building on an existing lot. b.Unique circumstances affect the Property that were not created by the land owner. The existing lot was created and building constructed prior to the adoption of current Codes. These circumstances were not created by the land owner. C.Granting the requested variances will not alter the essential character of the neighborhood. The requested variances will allow for the reuse and improvement of a vacant building. The improvements proposed will benefit the surrounding neighborhood by improving the aesthetics of the site and bring new customers to the Penn Avenue Corridor. d. The variances requested are the minimum necessary to alleviate the practical difficulty. The proposed variances are the minimum necessary to reuse this property. e. The variance is in harmony with the general purpose and intent of the ordinance and consistent with the comprehensive plan. The proposed plans are consistent with the general purposes and intents of the Zoning Ordinance and Comprehensive Plan. 3. With respect to the proposed site plan, the City Council finds that it will adequately serve the purpose for which it is proposed and will not have adverse effect upon the public safety or general welfare. 4. Based upon the above findings, variances to the above-specified requirements are hereby approved. 5. Based upon the above findings and variances, the proposed site plan is hereby approved according to the terms of Richfield City Code Subsection 547.13 with the following additional stipulations: a) The parking lot must be re-striped in accordance with the approved plan, including one accessible parking space and loading area as close as possible to the accessible entrance. b) Required plantings in front of the building must be continuously maintained and include live plant materials during the spring, summer and fall and seasonal decor over the winter. c) The entrance(s) to the building facing Penn Avenue must be covered; either by an overhang or the installation of awnings. d) All trash must be stored inside the building. e) The applicant is responsible for obtaining all required permits, compliance with all requirements detailed in the City's Administrative Review Committee Report dated November 19, 2015, and compliance with all other City and State regulations. Permits are required prior to commencement of any work; f) That the recipient of this approval record this Resolution with the County, pursuant to Minnesota Statutes Section 462.36, Subd. 1 and the City's Zoning Ordinance Section 547.11, Subd. 7. Proof of recording is required prior to the issuance of a building permit; g) Prior to the issuance of an occupancy permit, the applicant shall submit a surety equal to 125% of the value of any improvements (based on two bids including labor cost) not yet complete. h) This approval shall expire one year from the date of approval unless the use has commenced or a building permit has been obtained and construction begun. Adopted by the City Council of the City of Richfield, Minnesota this 12th day of January 2016. Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk Code Requirements / Required Findings Part 1 - Site Plan Approval (Subsection 547.13) In evaluating a site plan, the Planning Commission and Council shall consider its compliance with the following: a) Consistency with the various elements and objectives of the City's long range plans including, but not limited to, the Comprehensive Plan. In the Penn Avenue Corridor, the Mixed Use District is intended to be a vibrant, pedestrian-oriented neighborhood center. The District can accommodate a variety of uses. The proposed use of the property for a service use (athletic studio) is in keeping with these intentions. b) Consistency with the purposes of the Zoning Code. The purposes of the Zoning Code include: assisting in the implementation of the Comprehensive Plan; creating harmonious and workable relationships among land uses; enhancing and protecting the physical appearance of the City and more. The proposal is consistent with these purposes of the Zoning Code. c) Preservation of the site in its natural state, insofar as practicable, by minimizing tree and soil removal, and designing any grade changes so as to be in keeping with the general appearance of neighboring developed or developing areas. The site is already fully developed and is over 95 percent impervious. The proposed site plan has been designed so as to compliment and improve the surrounding area. d) Creation of a harmonious relationship of buildings and open spaces with the terrain and with existing and future buildings having a visual relationship to the proposed development. The proposed building fagade is complimentary to the adjacent building on the property to the south. The site design reduces auto and pedestrian safety issues. e) Creation of a functional and harmonious design for structures and site features including: i. Creation of an internal sense of order for the various functions and buildings on the site and provision of a desirable environment for occupants, visitors and the general community; ii.Appropriateness of the amount and arrangement of open space and landscaping to the design and function of the development; iii. Appropriateness of the materials, textures, colors and details of construction as an expression of the design concept of the project and the compatibility of the same with the adjacent and neighboring structures and functions; and iv. Adequacy of vehicular, cycling and pedestrian circulation, including walkways, interior drives and parking, in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian, cycling and vehicular traffic and arrangement and amount of parking so as to be safe, convenient and, insofar as practicable, compatible with the design of proposed buildings, structures and neighboring properties. Adequate parking is provided. The striping of an accessible parking space near the front building entrance will bring the building into compliance with ADA requirements. The existing landscaping area facing Penn Avenue will be maintained to improve curb appeal of the building. There is limited opportunity to improve the site further given the placement and size of the building. f) Creation of an energy-conserving design through design location, orientation and elevation of structures, the use and location of glass in structures, and the use of landscape materials and site grading. The proposal will not worsen conditions. g) Protection of adjacent and neighboring properties through reasonable provisions for such matters as surface water drainage, sound and sight buffers, preservation of views, light and air, and those aspects of design, not adequately covered by other regulations, which may have substantial effects on neighboring land uses. No changes to surface water drainage, sound and/or sight impacts, views, etc. are anticipated. Part 2 -Variances: The proposed site plan will improve upon existing conditions, allowing for reuse and aesthetic improvements to site that has struggled with long-term vacancy. The applicant is requesting variances from parking lot setbacks, building setbacks, impervious surface regulations, and landscaping requirements. Subsection 544.13, Subd. 5: o Parking lot setback— 5 feet from adjacent mixed-use (proposed — 0 feet) Subsection 537.07, Subd. 1: Front, side, and rear building setbacks — 15 feet maximum proposed — 22 feet, 50 feet, and 29 feet, respectively) Impervious surface regulations — 80% maximum (proposed — 95.7%) There is an opportunity to add a limited amount of pervious surface behind the building; however, staff does not believe that there would be any tangible benefit. Subsection 544.03: o Landscaping and requirements — no major changes to existing conditions are proposed and several requirements will not be met. The site includes landscaped planting areas facing Penn Avenue. These plantings must be maintained to meet the intent of the Penn Avenue Design Guidelines, including live plant materials during the spring, summer, and fall and seasonal decor over the winter. The findings necessary to approve variances are as follows (Subsection. 547.11): a) There are "practical difficulties"that prevent the property owner from using the property in a reasonable manner. The existing property cannot be used in any fashion without variances. It is reasonable to allow the reuse of an existing building on an existing lot. b) There are usual or unique circumstances that apply to the property which were not created by the applicant and do not apply generally to other properties in the same zone or vicinity. The building was constructed in 1951, prior to the adoption of current Codes. These circumstances were not created by the land owner. c) The variance would not alter the character of the neighborhood or the locality. 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The proposed ordinance would allow beekeeping in all zoning district provided that the beekeeper and site meet a number of minimum requirements to protect neighboring properties. I.RECOMMENDED ACTION: Conduct and close a public hearing and by motion: Recommend approval of the attached ordinance amending the Richfield City Code to allow beekeeping in all zoning districts. II. BACKGROUND In recent years, beekeeping has become an accepted use on both private residential and commercial properties throughout the metro area. Beekeeping is currently prohibited in the City of Richfield. The City has received several requests to allow this use. After a review of similar ordinances and discussion amongst Public Safety, Recreation and Community Development staff, the attached ordinance is proposed. III. BASIS OF RECOMMENDATION A. POLICY Rules governing beekeeping shall be administered by the Public Safety Department and will be added to the Public Safety Chapter of the City Code (alongside other animal control ordinances). The Zoning Code will be amended only to address the fact that beekeeping is permitted in all districts, but that retail sales of honey produced from hives is not permitted as a home occupation. This is in keeping with ordinances that prohibit the retail sales of agricultural products as a home occupation. All other regulations will be in Chapter 9 of the City Code. Regulations & Requirements: All hives must be registered and approved by the City; annual renewal is required. Notice of an application for beekeeping will be sent to neighboring properties. If objections are received, the City Manager must approve/deny the registration. Beekeeping training and education is required prior to the issuance of any new beekeeping permit. Hives must be a minimum of 10 ft. from any adjacent dwelling. A flyaway barrier must be constructed when hives are kept within 25 ft. of any lot line. Number of colonies permitted is based on lot size. Maximum for most single-family lots is 1-2 colonies. Additional regulations related to flyaway standards, hive conditions, inspections and appeals can be found in the attached ordinance. B. CRITICAL ISSUES None C. FINANCIAL N/A D. LEGAL Notice of this public hearing was published in the Sun Current in accordance with State and Local requirements. Other Actions: Council: The recommendation of the Planning Commission will go to the City Council for two readings. IV. ALTERNATIVE RECOMMENDATION(S) Recommend approval of the proposed ordinance with additional changes. Recommend denial of the proposed ordinance. V. ATTACHMENTS Ordinance Draft Beekeeper Registration Application VI. PRINCIPAL PARTIES EXPECTED AT MEETING Charlie O'Brien, Code Compliance Officer Jim Topitzhofer, Recreation Services Director BILL NO. AN ORDINANCE AMENDING CHAPTER IX OF THE RICHFIELD CODE OF ORDINANCES BY ADDING A NEW SECTION RELATING TO BEEKEEPING AND AMENDING ZONING PROVISIONS RELATING TO THE SAME THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 509.21 of the Richfield Zoning Code relating to home occupations and prohibited activities, is amended as follows: Subd. 11. Specific activities prohibited. The following activities shall not be allowed as home occupations: a) The repair, whether for consideration or not, of motor vehicles which are not registered to a resident of the dwelling on the property where the repair is made, or to a son or daughter, sibling, parent, grandparent, or grandchild of a resident of the property; b) Adult business establishments regulated under Section 1196 of the city code; C) The practice of medical, dental, chiropractic, psychiatric, or other similar treatment or therapy, including acupuncture, where the person(s) providing such treatment or therapy is not licensed by the State of Minnesota to administer such treatment or therapy; or in the case of massage therapy, where the person(s) providing such treatment is not certified by the "National Certification Board for Therapy Massage and Bodywork" or by the "Massage and Bodywork Licensing Examination;" d) Businesses, educational programs, or similar gatherings which meet on a regular basis, having more than six (6) nonresident adults in attendance at one (1) time; e) Pet grooming or pet care facilities, except those legally existing on or before June 1, 1995; f)Gun or ammunition sales/repair, except those legally existing on or before June 1, 1995; g) Music instruction, unless conducted within a single-family (detached dwelling; and h) Tattoo businesses; and Sale of honey produced by hives located within the city regulated under section 906 of the city code. Section 2. Subsection 512.03 of the Richfield Zoning Code relating to permitted uses, is amended as follows: 512.03 Permitted uses in all districts. a) Public streets and highways; 1 b) Underground public utilities; C) Parks and related recreational facilities owned by a governmental unit; d) Solar equipment as an accessory use; urd e) Horticulture/community gardens as an accessory to an established institutional use (school, church, park), provided that plants and related materials are maintained in a clean and orderly manner and that waste is disposed of appropriately... and f)beekeeping subject to the inspection and licensing requirements and limitations outlined in Section 906. Section 3. A new Section 906 is inserted into the Richfield City Code as follows: SECTION 906—BEEKEEPING 906.01.—Definitions. Subdivision 1. "Accredited institution" means an educational institution holding accredited status which has been licensed or registered by the Minnesota Office of Higher Education at the time the registrant obtained their certificate. Subd. 2. "Apiary" means the AP assembly of one or more colonies of bees on a single lot. Subd. 3. "Apiary site"means the lot upon which an apiary is located. Subd. 4. "Beekeeper" means a person who owns or has charge of one or more colonies of honeybees or a person who owns or controls a lot on which a colony is located whether or not the person is intentionally keeping honeybees. Subd. 5. "Beekeeping equipment" means anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors. Subd. 6. "Colony" means an aggregate of honey bees consisting principally of workers, but having, when perfect, one queen and at times drones, brood, combs and honey. Subd. 7. "Flyway barrier" means a barrier that raises the flight path of bees above six feet from the ground as they come and go from a hive. Subd. 8. "Hive"means the receptacle inhabited by a colony. Subd. 9. "Honey bee" means all life stages of the common domestic honey bee, apis mellifera. This definition does not include wasps, hornets, African subspecies or Africanized hybrids. 2 Subd. 10. "Nucleus colony" means a small quantity of honey bees with a queen housed in a smaller than usual hive box designed for a particular purpose, and containing no supers. Subd. 11. "Registrant" means any registered beekeeper and any person who has applied for approval of a beekeeping registration. Subd. 12. "Rooftop" means the uppermost section of a primary or accessory structure of at least one full story and at least twelve feet in height. Areas including but not limited to decks, patios and balconies shall not be considered a rooftop. Subd. 13. "Super" means a box that holds the frames where bees will store the honey. Subd. 14. "Swarming" means the process where a queen bee leaves a colony with a large group of worker bees in order to form a new honey bee colony. Subd. 15. "Unusual aggressive behavior" means any instance in which unusual aggressive characteristics such as stinging or attacking without provocation occurs. Provocation is an act that an adult could reasonably expect may cause a bee to sting or attack. 906.03.—Purpose. The purpose and intent of this Section is to permit and establish requirements for the keeping of honey bee colonies, hives, and equipment within the City and to ensure compliance with the requirements of this section. The City of Richfield recognizes that honey bees are an asset to our community, important in the pollination of plants and in the production of honey and other products. 906.05.—Beekeeping Limited. No person shall keep, harbor, maintain or allow to be kept any hive or other facility for the housing of honeybees on or in any property within the City of Richfield without an approved registration unless otherwise exempted by subsection 906.09 or 906.13. 906.07.— Colony Location. Subdivision 1. Hives cannot be located in the front yard and must be located a minimum of ten (10) feet from the rear or side property lines and 20 feet from public rights-of-way unless further restricted elsewhere in this Code. A corner lot shall be considered to have two front yards. Subd. 2. Hives must be located a minimum of ten feet from any adjacent dwelling unit. 3 Subd. 3. Except as otherwise provided in this Section, in each instance where any part of a hive is kept within twenty-five feet of a lot line of the apiary site, a flyway barrier of at least six feet in height must be constructed and must comply with the following: a) The flyway barrier may consist of a wall, fence, dense vegetation or a combination there of, such that honey bees will fly over rather than through the material to reach the colony. b) If a flyway barrier of dense vegetation is used, the initial planting may be four feet in height, so long as the vegetation reaches a height of at least six feet within two years of installation. Vegetation must be maintained so that it thrives and continues to meet these standards. If the vegetation dies or is not maintained so that it will comply, the vegetation must be replaced. c) If the flyway barrier consists of a wall or fence, the materials must be decay resistant, and maintained in good condition. d) The flyway barrier must continue parallel to the lot line of the apiary site for ten feet in both directions from the hive, or contain the hive or hives in an enclosure at least six feet in height. e) A flyway barrier is not required if the hive is located on a rooftop. f) Flyway barriers are subject to all other applicable City regulations, including,but not limited to, fence height limitations. Subd. 4. Hives located on any rooftop are subject to annual inspection and permitting by the City. No colony shall be placed upon a rooftop until the Building Inspector or their designee has determined that the location poses no health or safety risks and that it is structurally sound to hold a hive and associated equipment and activities. If the Building Inspector at any time determines that the hive and/or building conditions pose a risk to public health or safety, the deficiency must be repaired or removed by the Registrant within ten (10) days' written notice. If the deficiency is not repaired or removed, the hive must be removed, at the Registrant's sole expense, within fifteen (15) days of notice from the building inspector of the unsafe condition. 906.09.— Colony Density. Subdivision 1. Every lot or parcel of land in the City shall be limited to the following number of colonies based on the size of the apiary site: a) One half acre or smaller is allowed one colony; 4 b) More than one half acre to three quarters of an acre is allowed two colonies; c) More than three quarter of an acre to one acre is allowed three colonies; d) More than one acre to five acres is allowed four colonies; e) More than five acres, there is no restriction on the number of colonies. Subd. 2. If any beekeeper serves the community by removing a swarm or swarms of honeybees from locations where they are not desired, that person shall not be considered in violation of the colony density restrictions in this section if the following conditions are met: a) The person temporarily houses the honeybees at an apiary site of a beekeeper registered with the City, b) The bees are not kept for more than thirty days, and c) The site remains in compliance with the other provisions of this section. 906.011.—Required Conditions. Subdivision 1. Honey bee colonies shall be kept in hives with removable frames, which shall be kept in sound and useable condition. Subd. 2. Each colony on the apiary site shall be provided with a convenient source of water which must be located within ten feet of each active colony. Subd. 3. Materials from a hive such as wax combs or other materials that might encourage robbing by other bees shall be promptly disposed of in a sealed container or placed within a building or other bee and vermin proof enclosure. Subd. 4. For each colony permitted to be maintained, there may also be maintained upon the same apiary lot, one nucleus colony in a hive structure not to exceed one standard nine and five-eights (9-5/8) inch depth box, ten frame hive body with no supers. Subd. 5. Beekeeping equipment must be maintained in good condition, including keeping the hives free of chipped and peeling paint if painted, and any unused equipment must be stored in an enclosed structure. Subd. 6. Hives shall be continuously managed to provide adequate living space for their resident honeybees in order to prevent swarming. 5 Subd. 7. In any instance in which a colony exhibits unusual aggressive behavior, it shall be the duty of the beekeeper to promptly re-queen the colony. 906.13.—Registration Required. Subdivision 1. The application for registration must be upon a form provided by the City. All required information must be complete. Subd. 2. Each apiary site must apply for registration and receive approval prior to bringing any honeybees into the City. Subd. 3. If the beekeeper relocates a hive or colony to a new apiary site, the beekeeper shall apply for an updated registration, prior to the relocation, on the form provided by the City. Subd. 4. The beekeeping registration shall be valid until March 31 of each calendar year following initial issuance and must be renewed by the registrant prior to expiration each year by submitting a renewal form to the City on the form it provides. Subd. 5. Upon receipt of an application for initial registration, the City will send notice to all owners of properties adjacent to the apiary site(s) identified on the application. Any objections to the registration must be made in writing and received within ten (10) days of mailing the notice. If any written objection is received, the registration must be approved by the City Manager. Subd. 6. Beekeeping training and education is required for the beekeeper prior to the issuance of the initial beekeeping permit by the City. At the time of application for registration, the beekeeper must submit a certificate of completion of a honeybee keeping course from an accredited Minnesota institution. Subd. 7. The fees for the registration will be determined by the City Council in the City's fee schedule (Appendix D). Subd. 8. The property must be in compliance with all other applicable City regulations in order to receive approval and renewal. Subd. 9. If the required conditions outlined in section 906.11 are not maintained subsequent to issuance of a beekeeping permit, the permit may be revoked by the City Manager. Subd. 10. Beekeepers operating in the City prior to the effective date of this Section will have until March 1, 2016 to apply for registration. Subd. 11. The registration requirement under this subsection does not apply to The Woodlake Nature Center. 6 906.15.—Inspection. Subdivision 1. Upon initial registration, annual renewal or any updated registration, each beekeeper must allow for an inspection of the site. Subd. 2. Upon prior notice to the owner of the apiary site, City staff shall have the right to inspect any apiary. Subd. 3. In the case of a complaint regarding the apiary, the apiary site may be inspected upon reasonable notice to the property owner and/or registered beekeeper. 906.17.—Appeal and Hearing Procedure. Subdivision 1. Notice of denial, revocation or non-renewal must be made in writing to the registrant specifying the reason(s) for the action. The registrant may request, in writing, a hearing within fourteen (14) days of the date of the notification letter. Subd 2. A hearing officer shall hold hearings on contested denials, revocations, and non-renewals. The hearing officer shall be a person appointed by the City. At the hearing, the applicant may speak on his or her behalf and may present witnesses and other evidence he or she deems necessary. Upon the conclusion of the hearing, the hearing officer shall issue a written decision that includes findings of fact. The City shall provide the registrant with a copy of the hearing officer's decision. The registrant may appeal the hearing officer's decision to the Minnesota Court of Appeals by writ of certiorari. Section 4. Subsection 514.15 of the Richfield City Code relating to Additional Regulations in the Single-Family Residential District (R) is amended by adding a new subdivision 7 as follows: Subd. 7. Beekeeping. Any property seeking to keep bees must comply with the additional requirements of Section 906 of this Code. Section 5. Subsection 905.41 of the Richfield City Code relating to the maintenance of nondomestic animals, amphibians, reptiles and insects, is amended as follows: Subd. 2. Maintenance of non-domestic creatures Urohibited. Except as allowed in Section 906, Aall other living creatures not enumerated or covered in subdivision 1 are considered non-domestic creatures and the maintenance thereof is considered a nuisance and punishable pursuant to this part. 7 Section 6. Effective Date. This Ordinance is effective as provided by Section 3.09 of the Richfield City Charter. Adopted by the City Council of the City of Richfield, Minnesota this day of 1201. By: Debbie Goettel, Mayor ATTEST: Elizabeth VanHoose, City Clerk 8 2016 Beekeeper Registration Application City of Richfield Directions: Print legibly in blue or black ink. Answer all questions and indicate not applicable if appropriate. Any falsification of answers may result in denial of the registration. Please complete both sides of the form. Return to Richfield Business Licensing — 6700 Portland Avenue, Richfield MN 55423. ApplicantSection1: 1. Name: Last First Full Middle Maiden Name 2. Permanent Residence Address: Street City State County Zip 3. Apiary Address(if different than above) Street City State County Zip 4. Home Phone: Cell Phone: Business Phone: 5. Email Address 1:Email Address 2: Section 2: Beekeeping Education / Experience 6. Do you have formal education (courses) or prior hands-on beekeeping experience/ Yes No If yes, please describe and provide documentation: Section 3: Acknowledgments Please check each box and then sign and date indicating that you have read and agree with the following: Copies of city code 906 (the Beekeeping ordinance) and city code 509.21 (the Home Occupation ordinance) are attached to this registration form. I acknowledge that I have read, understand and will comply with all the requirements of both ordinances. City code 906 requires that the Richfield Public Safety Department shall send notice to all owners of lots adjacent to any lot line of the apiary site. I acknowledge and understand that the City will send notice to all owners of lots adjacent to any lot line of the apiary site. I understand and agree that I may not engage in the practice of beekeeping within the City of Richfield until I have received notification from the Public Safety Department that my beekeeping registration has been approved. I understand that any person may object to a registration at any time within thirty(30) days of approval of an initial or updated registration by addressing to the City Manager a written request for a hearing, and will then have the right to a hearing within 30 days of the written appeal. Signature Date Beekeeper Registration Application,Page 2 Section Diagram Please supply a scaled sketch of your property and apiary. The sketch must include the location of your house, accessory structures, your lot lines, all honeybee colonies, the required water source and the location of any required flyway barriers. EXAMPLES: Flyway Hives) 1 y Water(:) m source 1 M1 w D 1 water source Iw 1 Hives J L; 0— Fir— Property Line Property Line FOR OFFICE USE ONLY District: Hives Permitted: Received: Notices Mailed On: Lot Size: Acreage: Appeals Filed: Yes No Date: Flyway Req'd: El Yes No Registration Approved: Yes No Date: Beekeeper Registration Application,Page 3 THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 509.21 of the Richfield Zoning Code relating to home occupations and prohibited activities, is amended as follows: Subd. 11. Specific activities prohibited. The following activities shall not be allowed as home occupations: i) Sale of honey produced by hives located within the city regulated under section 906 of the city code. Section 2. Subsection 512.03 of the Richfield Zoning Code relating to permitted uses, is amended as follows: 512.03 Permitted uses in all districts. f) beekeeping subject to the inspection and licensing requirements and limitations outlined in Section 906. SECTION 906 — BEEKEEPING 906.01. — Definitions. Subdivision 1. "Accredited institution" means an educational institution holding accredited status which has been licensed or registered by the Minnesota Office of Higher Education at the time the registrant obtained their certificate. Subd. 2. "Apiary" means the AP assembly of one or more colonies of bees on a single lot. Subd. 3. "Apiary site" means the lot upon which an apiary is located. Subd. 4. "Beekeeper" means a person who owns or has charge of one or more colonies of honeybees or a person who owns or controls a lot on which a colony is located whether or not the person is intentionally keeping honeybees. Subd. 5. "Beekeeping equipment" means anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors. Subd. 6. "Colony" means an aggregate of honey bees consisting principally of workers, but having, when perfect, one queen and at times drones, brood, combs and honey. Subd. 7. "Flyway barrier" means a barrier that raises the flight path of bees above head level as they come and go from a hive. Subd. 8. "Hive" means the receptacle inhabited by a colony. Subd. 9. "Honey bee" means all life stages of the common domestic honey bee, apis mellifera. This definition does not include wasps, hornets, African subspecies or Africanized hybrids. Subd. 10. "Nucleus colony" means a small quantity of honey bees with a queen housed in a smaller than usual hive box designed for a particular purpose, and containing no supers. Subd. 11. "Registrant' means any registered beekeeper and any person who has applied for approval of a beekeeping registration. Subd. 12. "Rooftop" means the uppermost section of a primary or accessory structure of at least one full story and at least twelve feet in height. Areas including but not limited to decks, patios and balconies shall not be considered a rooftop. Subd. 13. "Super" means a box that holds the frames where bees will store the honey. Subd. 14. "Swarming" means the process where a queen bee leaves a colony with a large group of worker bees in order to form a new honey bee colony. Beekeeper Registration Application,Page 4 Subd. 15. "Unusual aggressive behavior" means any instance in which unusual aggressive characteristics such as stinging or attacking without provocation occurs. Provocation is an act that an adult could reasonably expect may cause a bee to sting or attack. 906.03. — Purpose. The purpose and intent of this Section is to permit and establish requirements for the keeping of honey bee colonies, hives, and equipment within the City and to ensure compliance with the requirements of this section. The City of Richfield recognizes that honey bees are an asset to our community, important in the pollination of plants and in the production of honey and other products. 906.05. — Beekeeping Limited. No person shall keep, harbor, maintain or allow to be kept any hive or other facility for the housing of honeybees on or in any property within the City of Richfield without an approved registration unless otherwise exempted by subsection 906.09 or 906.13. 906.07. — Colony Location. Subdivision 1. Hives cannot be located in the front yard and must be located a minimum of ten 10) feet from the rear or side property lines and 20 feet from public rights-of-way unless further restricted elsewhere in this Code. A corner lot shall be considered to have two front yards. Subd. 2. Hives must be located a minimum of ten feet from any adjacent dwelling unit. Subd. 3. Except as otherwise provided in this Section, in each instance where any part of a hive is kept within twenty-five feet of a lot line of the apiary site, a flyway barrier of at least six feet in height must be constructed and must comply with the following: a) The flyway barrier may consist of a wall, fence, dense vegetation or a combination there of, such that honey bees will fly over rather than through the material to reach the colony. b) If a flyway barrier of dense vegetation is used, the initial planting may be four feet in height, so long as the vegetation reaches a height of at least six feet within two years of installation. Vegetation must be maintained so that it thrives and continues to meet these standards. If the vegetation dies or is not maintained so that it will comply, the vegetation must be replaced. c) If the flyway barrier consists of a wall or fence, the materials must be decay resistant, and maintained in good condition. d) The flyway barrier must continue parallel to the lot line of the apiary site for ten feet in both directions from the hive, or contain the hive or hives in an enclosure at least six feet in height. e) A flyway barrier is not required if the hive is located on a rooftop. Subd. 4. Hives located on any rooftop are subject to annual inspection and permitting by the City. No colony shall be placed upon a rooftop until the Building Inspector or their designee has determined that the location poses no health or safety risks and that it is structurally sound to hold a hive and associated equipment and activities. If the Building Inspector at any time determines that the hive and/or building conditions pose a risk to public health or safety, the deficiency must be repaired or removed by the Registrant within ten (10) days' written notice. If the deficiency is not repaired or removed, the hive must be removed, at the Registrant's sole expense, within fifteen (15) days of notice from the building inspector of the unsafe condition. 906.09. — Colony Density. Subdivision 1. Every lot or parcel of land in the City shall be limited to the following number of colonies based on the size of the apiary site: Beekeeper Registration Application,Page 5 a) One half acre or smaller is allowed one colony; b) More than one half acre to three quarters of an acre is allowed two colonies; c) More than three quarter of an acre to one acre is allowed three colonies; d) More than one acre to five acres is allowed four colonies; e) More than five acres, there is no restriction on the number of colonies. Subd. 2. If any beekeeper serves the community by removing a swarm or swarms of honeybees from locations where they are not desired, that person shall not be considered in violation of the colony density restrictions in this section if the following conditions are met: a) The person temporarily houses the honeybees at an apiary site of a beekeeper registered with the City, b) The bees are not kept for more than thirty days, and c) The site remains in compliance with the other provisions of this section. 906.011. — Required Conditions. Subdivision 1. Honey bee colonies shall be kept in hives with removable frames, which shall be kept in sound and useable condition. Subd. 2. Each colony on the apiary site shall be provided with a convenient source of water which must be located within ten feet of each active colony. Subd. 3. Materials from a hive such as wax combs or other materials that might encourage robbing by other bees shall be promptly disposed of in a sealed container or placed within a building or other bee and vermin proof enclosure. Subd. 4. For each colony permitted to be maintained, there may also be maintained upon the same apiary lot, one nucleus colony in a hive structure not to exceed one standard nine and five-eights 9-5/8) inch depth box, ten frame hive body with no supers. Subd. 5. Beekeeping equipment must be maintained in good condition, including keeping the hives free of chipped and peeling paint if painted, and any unused equipment must be stored in an enclosed structure. Subd. 6. Hives shall be continuously managed to provide adequate living space for their resident honeybees in order to prevent swarming. Subd. 7. In any instance in which a colony exhibits unusual aggressive behavior, it shall be the duty of the beekeeper to promptly re-queen the colony. 906.13. — Registration Required. Subdivision 1. The application for registration must be upon a form provided by the City. All required information must be complete. Subd. 2. Each apiary site must apply for registration and receive approval prior to bringing any honeybees into the City. Subd. 3. If the beekeeper relocates a hive or colony to a new apiary site, the beekeeper shall apply for an updated registration, prior to the relocation, on the form provided by the City. Subd. 4. The beekeeping registration shall be valid until March 31 of each calendar year following initial issuance and must be renewed by the registrant prior to expiration each year by submitting a renewal form to the City on the form it provides. Subd. 5. Upon receipt of an application for initial registration, the City will send notice to all owners of properties adjacent to the apiary site(s) identified on the application. Any objections to the registration must be made in writing and received within ten (10) days of mailing the notice. If any written objection is received, the registration must be approved by the City Manager. Beekeeper Registration Application,Page 6 Subd. 6. Beekeeping training and education is required for the beekeeper prior to the issuance of the initial beekeeping permit by the City. At the time of application for registration, the beekeeper must submit a certificate of completion of a honeybee keeping course from an accredited Minnesota institution. Subd. 7. The fees for the registration will be determined by the City Council in the City's fee schedule (Appendix D). Subd. 8. The property must be in compliance with all other applicable City regulations in order to receive approval and renewal. Subd. 9. If the required conditions outlined in section 906.11 are not maintained subsequent to issuance of a beekeeping permit, the permit may be revoked by the City Manager. Subd. 10. Beekeepers operating in the City prior to the effective date of this Section will have until March 1, 2016 to apply for registration. Subd. 11. The registration requirement under this subsection does not apply to The Woodlake Nature Center. 906.15. — Inspection. Subdivision 1. Upon initial registration, annual renewal or any updated registration, each beekeeper must allow for an inspection of the site. Subd. 2. Upon prior notice to the owner of the apiary site, City staff shall have the right to inspect any apiary. Subd. 3. In the case of a complaint regarding the apiary, the apiary site may be inspected upon reasonable notice to the property owner and/or registered beekeeper. 906.17. —Appeal and Hearing Procedure. Subdivision 1. Notice of denial, revocation or non-renewal must be made in writing to the registrant specifying the reason(s) for the action. The registrant may request, in writing, a hearing within fourteen (14) days of the date of the notification letter. Subd 2. A hearing officer shall hold hearings on contested denials, revocations, and non- renewals. The hearing officer shall be a person appointed by the City. At the hearing, the applicant may speak on his or her behalf and may present witnesses and other evidence he or she deems necessary. Upon the conclusion of the hearing, the hearing officer shall issue a written decision that includes findings of fact. The City shall provide the registrant with a copy of the hearing officer's decision. The registrant may appeal the hearing officer's decision to the Minnesota Court of Appeals by writ of certiorari. Section 4. Subsection 514.15 of the Richfield City Code relating to Additional Regulations in the Single-Family Residential District (R) is amended by adding a new subdivision 7 as follows: Subd. 7. Beekeeping. Any property seeking to keep bees must comply with the additional requirements of Section 906 of this Code. Section 5. Subsection 905.41 of the Richfield City Code relating to the maintenance of nondomestic animals, amphibians, reptiles and insects, is amended as follows: Subd. 2. Maintenance of non-domestic creatures prohibited. Except as allowed in Section 906, All other living creatures not enumerated or covered in subdivision 1 are considered non-domestic creatures and the maintenance thereof is considered a nuisance and punishable pursuant to this part.