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HomeMy WebLinkAbout8C, Planning Case 12-001 and or Moratorium on Multi-family Housingi � � �4�N HILLS Request for Council Action � � I _ ; Prepared By: Meagan Beekman, City Planner ' Council Meeting Date: June 25, 2012 Planning Case 12-011 and/or Moratorium on Multi-family Housing Budgeted Amount: Actual Amount: Funding Source: NA NA NA Recommendation: Consider Moratorium on Multi-Family Housing and/or Planning Case 12-011 for a Zoning Code Amendment to Remove Multi-Family Housing from the B-2 District SupportinE Documents: 1. June 25, 2012, report from Meagan Beekman, City Planner 2. Draft Planning Commission Minutes, dated June 6, 2012 3. Ordinance 2012-005 and Summary 4. Ordinance 2012-006 and Summary 5. Planning Commission Report, dated June 6, 2012 �� EN HILLS MEMORANDUM DATE: June 25, 2012 TO: _ Honorable Mayor & City Councilmembers _ Patrick Klaers, City Administrator FROM: Meagan Beekman, City Planner SUBJECT: Planning Case # 12-011 Applicant: City of Arden Hills Request: Zoning Code Amendment and/or Development Moratorium Requested Action Consider Moratorium on Multi-Family Housing and/or Planning Case 12-011 for a Zoning Code Amendment to Remove Multi-Family Housing from the B-2 District Back�round At the March 19, 2012, joint work session the City Council and the Planning Commission discussed several possible zoning code amendments as part of the Planning Commission's 2012 work plan. At that meeting, Staff was directed to proceed with a review of the B-2 District design standards and possible revisions that would ensure that the Zoning Code was adequately regulating development in line with the Guiding Plan for the B-2 Distr�ict. It was discussed at the meeting that several developments have occurred, or been proposed, since October of 2008, when the Guiding Plan, and subsequent Zoning Code Amendments for the B-2 District, were put into place. The direction given to Staff was to review land use applications since 2008, and the Zoning Code, to ensure that the design standards reflect the City's vision for the B-2 District. Staff has begun this work and anticipates proposed Zoning Code amendments in the coming months. The City Council has also moved forward with Phase I of developing an implementation plan for the public improvements proposed in the Guiding Plan for the B-2 District. These improvements will include streetscaping to create a more pedestrian and bicycle friendly environment, as well as traffic management solutions that will improve the traffic flow and function of County Road E. The City has contracted with engineering firm Bolton & Menk to City ofArden Hills City Council Meeting for June 25, 2012 P: IPlanninglPlanning Cases12012112-011 - Zoning Code Amendment - Multi family housing (PC Denied)106-25-12 - Zoning Code Amendment or Moratorium - CC Memo.doc page 1 Of 4 assist with this process, and the Council has appointed a Corridor Advisory Committee, consisting of area business and property owners to provide recommendations to the Council. Bolton & Menk is scheduled to submit their final implementation plan this fall. At the May 14, 2012, City Council meeting, the Council directed Staff to review the regulations for multi-family dwelling units in the City's Zoning Code. Based on this direction Staff has prepared two options for Council that would allow staff time to review transportation issues in the B-2 District, and design standards related to multi-family dwelling units. The first option is a Zoning Code Amendment that would remove multi-family dwellings as a permitted use in the B- 2 District; the second option would be a city-wide moratorium on the development of new multi- family dwellings units. Discussion Zoning Code Amendment The first option includes a Zoning Code Amendment that would remove multi-family dwelling units as a permitted use in the B-2 District. While the City Council may choose to further amend the City's Zoning Code at a future date, this option would not have a timeline associated with it that would require further City action. The Planning Commission reviewed this item at their June 6, 2012, meeting (Attachment A), and unanimously recommended denial based on discussions related to the City's Guiding Plan for the B-2 Distr�ict as well as the 2030 Comprehensive Plan, which identify multi-family dwellings as an acceptable use in theB-2 District. Staff continues to have concerns related to the implementation of the Guiding Plan and the appropriateness of land use controls that allow greater intensity of use, in the event that traffic management controls that would ease congestion on County Road E are not implemented. As part of the process of developing the Guiding Plan the City had a traffic study done to identify how much development was possible along County Road E, and what trafiic management improvements would be necessary to accommodate additional intensity of use. The traffic study found that current left turns on to County Road E could function, though with extended wait times, in the short-term, but that as traffic increased in the area the left turn waits could become an impediment to development and negatively impact property values. The traffic study indicated that some traffic management improvements would be necessary in order to accommodate additional intensity of land uses, and recommended the addition of a traffic signal halfway between Lexington Avenue and Pine Tree Drive on County Road E. The traffic signal would allow multiple accesses to be consolidated at one controlled intersection, which would greatly improve the left turn movements onto County Road E. City ofArden Hills City Council Meeting for June 25, 2012 P: IPlanninglPlanning Cases12012112-011 - Zoning Code Amendment - Multi family housing (PC Denied)106-25-12 - Zoning Code Amendment or Mora[orium - CC Memo. doc Page 2 of 4 The Guiding Plan identified land uses, including multi-family dwellings, as well as densities that were predicated on the assumption that a traffic light, or other traffic management solution that improves left turns onto County Road E, would be implemented in order to accommodate the additional traffic in this area. Since the 2008, adoption of Zoning Code amendments which pertain to this plan, concern has been raised by the Council whether a traffic light can be installed. If the assumptions regarding traffic management, upon which the Guiding Plan and subsequent Zoning Code amendments were created, are not valid, then alternative solutions need to be identified or the outcomes of those assumptions revisited. Moratorium In light of the Planning Commission's discussion, and the City Council's direction at the May 14, 2012, meeting, Staff has prepared a one-year moratorium on multi-family dwelling units in the City. The moratorium would be effective City-wide, and would prohibit the development of new multi-family dwelling units in the City. Staff has included an exemption for alterations to existing multi-family structures, or those that have received all required land use approvals, provided that the alterations do not result in a net increase of multi-family dwelling units. Staff does not anticipate that this exemption would negatively impact the City's ability to evaluate the regulations of new multi-family dwelling units in the City. The moratorium does not directly address Staff's concerns related to the implementation of the Guiding Plan; however, it may be more appropriate to wait to address concerns related to the B- 2 District, until Bolton & Menk has had an opportunity to complete their Phase I Implementation Plan, and the Council has had a chance to respond to it. It is imperative that if the City adopts the moratorium that a study of the design standards related to multi-family dwellings be conducted. If this moratorium is adopted, Staff will move forward with the understanding that a full study of the City's regulations as they pertain to this matter will begin. If approved, the moratorium is set to expire on July 5, 2013. The moratorium can be ended early if deemed appropriate by the City Council. Staff anticipates that a study on multi-family design standards could be complete within 180 days. Options 1. A. Motion to Adopt Ordinance 2012-005 to Place a Moratorium on the Development of New Multi-family Dwelling Units in the City of Arden Hills for the Period of One Year. B. Motion to Approve Publishing a Suminary of Ordinance 2012-005 to Place a Moratorium on the Development of New Multi-family Dwelling Units in the City of Arden Hills for the Period of One Year. (4/5 vote required). City ofArden Hills City Council Meeting for June 25, 2012 P: IPZanninglPlanning Cases12012112-011 - Zoning Code Amendment - Multi family housing (PC Denied)106-25-12 - Zoning Code Amendment or Moratorium - CC Memo.doc page 3 of 4 2. A. Motion to Adopt Ordinance 2012-006 to Remove Multi-family Dwelling Units as a Permitted Use in the B-2 Zoning District. B. Motion to Approve Publishing a Summary of Ordinance 2012-006 to Remove Multi- family Dwelling Units as a Permitted Use in the B-2 Zoning District (4/5 vote required). 3. Motion to Approve Ordinance 2012-005 OR 2012-006 with the following changes... 4. Motion to Deny the proposal. _ 5. Motion to Table for additional information. If changes to either ordinance are made, those changes can be included with the motion. Attachments A. Draft Planning Commission Minutes, dated June 6, 2012 B. Ordinance 2012-005 and Summary C. Ordinance 2012-006 and Summary D. Planning Commission Report, dated June 6, 2012 City ofArden Hills City Council Meeting for June 25, 2012 P: IPlanninglPlanning Cases12012112-011 - Zoning Code Amendment - Multi fami[y housing (PC Denied)106-25-12 - Zoning Code Amendment or Moratorium - CC Memo. doc page 4 of 4 Attachment Draft Planning Commission Minutes dated June 6, 2 O 12 The Planning Commission voted unanimously to recommended denial for Planning Case �2-oii at their June 6, 2oi2, meeting. " ��HILLS City ofArden Hills City Council Meeting for June 25, 2012 Draft Planning Commission Minutes, dated June 6, 2012 Planning Case 12-011— Zoning Code Amendment; City of Arden Hills; B-2 District — Public Hearing City Planner Meagan Beekman reviewed the Planning Commission is requested to consider approval of Planning Case 12-011 to Amend Section 1325.05 and 1320.06 of — - the Zoning Code to remove Multi=family Dwellings as a permitted use in the-B-2 District; - as presented in the report to the Planning Commission. City Planner Meagan Beekman stated at the March 19, 2012, joint work session the City Council and the Planning Commission discussed several possible zoning code amendments as part of the Planning Commission's 2012 work plan. At that meeting, Staff was directed to proceed with a review of the B-2 District design standards and possible revisions that would ensure that the Zonirig Code was adequately regulating development in line with the Guiding Plan for the B-2 District. It was discussed at the meeting that several developments have occurred, or been proposed, since October of 2008, when the Guiding Plan and subsequent Zoning Code Amendments for the B-2 District, were put into place. The direction given to Staff was to review land use applications since 2008, and the Zoning Code, to ensure that the design standards reflect the City's vision for the B-2 District. Staff has begun this work and anticipates proposed Zoning Code amendments in the coming months. City Planner Meagan Beekman reviewed simultaneous to the review of design standards in the B-2 District, the City Council has also moved forward with Phase I of developing an implementation plan for the public improvements proposed to create a more pedestrian and bicycle friendly environment, as well as traffic management solutions that will improve the traffic flow and function of County Road E. The City has contracted with engineering firm Bolton and Menk to assist with this process, and the Council has appointed a Corridor Advisory Committee, consisting of area business and property owners to provide recommendations to the Council. Bolton and Menk are scheduled to submit their fnal implementation plan this fall. City Planner Meagan Beekman stated the Guiding Plan for the B-2 District envisions a walkable downtown area in Arden Hills that is distinct, with a sense of arrival and destination that is unique in the community. The Guiding Plan identifies principals for the B-2 District that include allowing greater intensity of land uses in order to create a sense of place. As part of the process of developing the Guiding Plan the City had a traffic study done to identify how much development was possible along County Road E, and what traffic management improvements would be necessary to accommodate additional intensity of use. The traffic study found that current left turns onto County Road E could function, though with extended wait times, in the short-term, but that as traffic increased in the area the left turn waits could become an impediment to development and negatively impact property values. The traffic study indicated that some traffic management improvements would be necessary in order to accommodate additional intensity of land uses, and recommended the addition of a traffic signal halfway between Lexington Avenue and Pine Tree Drive on County Road E. The traffic signal would allow multiple accesses to be consolidated at one controlled intersection, which would greatly improve the left turn movements onto County Road E. The Guiding Plan identified land uses, including multi-family dwellings, as well as densities that were predicated on the assumption that a traffic light, or other traffic management solution that improves left turns onto County Road E, would be implemented in order to accommodate the additional traffic in this area. Commissioner Holewa stated he has concerns about traffic in this area. He was in favor of a stoplight in the area. He stated he does not see the amendment would solve any of the traffic issues. He does not know if he can prohibit property owners in this area from having multi-family housing. He stated a moratorium may make more sense. CiTy Planner Beekman stated a moratorium would be possible as well. The City Council stated concern that a traffic light may not be possible. Ms. Beekman stated some traffic management solutions need to be implemented. Commissioner Holewa stated a plan came before the Planning Commission for multi- family housing, which was denied. He feels property owners should be allowed to present plans for Planning Commission consideration. Commissioner Zimmerman stated the City has no jurisdiction on County Road E. Ramsey County will deal with County Road E as they see fit. Commissioner Zimmerman would be in favor of a moratorium. Chair Larson stated during his commute there are many signal lights. He stated he is not in favor of another traffic light. He stated there needs to be a solution. Traffic is very heavy due to the construction. The traffic light is not an issue for him. Commissioner Stodola stated neighboring cities have multi-use buildings with housing on the upper floors. Chair Larson opened the public hearing at 6:55 p.m. Mr. Ed VonHoltum stated he was Chairman of the Economic Development Commission. He heard about this project by reading the newspaper. He asked how the proposed change came about. Chair Larson stated it came out of a joint meeting between Council and the Planning Commission to look at the B-2 District. Mr. VonHoltum asked if the current zoning was not adequate. Mr. VonHoltum stated there is a quarter mile of vacant buildings along County Road E. He was involved on a steering committee to work on the B-2 plan along with 14 members. They worked hard on the plan. Mr. Tim Keane, Malkerson Gunn Martin, LLP, representing the owners of the property on County Road E and Lexington. He stated they are against the amendment to the zoning code. He stated this amendment seems to be a result of the previous proposal to convert the Holiday Inn into multi-family housing. The current proposal is to convert the units to code compliant apartments. Mr. Keane stated zoning amendments can be started by a property owner, the Planning Commission or the City Council. Mr. Keane stated the concerns that seem to be driving this amendment are driven by traffic issues and trip generation. He presented a letter to the Planning Commission along with a trip generation analysis. He stated multi-family is on the low end of trip generation. He does not believe traffic should be driving this text amendment. Mr. Keane stated this is a mixed use district including commercial and residential. The inclusion of multi-family in this district was included in the comprehensive plan. He requested the Planning - Commissiori delay any action on tkis and continue the discussion to continue the - opportunity to explore this text amendment as well as the traffic issues that seem to be driving this. Mr. Rob Davidson, owner of 1201 property. He stated on May 14th they were denied their request at the City Council meeting. On May 23rd they received notice the City was planning to remove multi-family housing from the B-2 district. A new proposal will be coming before the Planning Commission in July. Mr. Davidson stated he has been developing commercial properties in this area for 30 years. The kinds of development being proposed at the 1201 County Road E property would be as good as their previous developments. He stated multi-family would be the least impact solution to the area. Mr. Davidson stated the apartment would be an advantage to the City. He requested the proposal of amending the zoning code be denied. Mr. Flaherty of Flaherty's Arden Bowl. He is discouraged with the vacancies on County Road E. They had a property tax valuation done on their two parking lots and a consultant was brought in and her comment was the B-2 zoning is a deal killer for commercial business. He feels the Commission should be encouraging businesses rather than sending them away. He said we need to get serious on County Road E and start moving. He would be in favor of the multi-family plan that will be proposed in July. Chair Larson closed the public hearing at 7:19 p.m. Staff is recommending removing multi-family dwellings as a permitted use in the B-2 District while Bolton & Menk complete their work on Phase I of the B-2 District Implementation Plan. The expected outcome of Bolton & Menk's work is a final report and recommendation for traffic management solutions that can be acted upon by the City. The hope is that removing multi-family dwellings is a temporary action; however, the City must first identify how to adequately address traffic management solution that can be agreed upon by the Council that will accommodate land uses and densities. City Planner Meagan Beekman stated notice was published in the Shoreview-Arden Hills Bulletin, and mailed to all property owners within the B-2 District. Commissioner Holewa asked if this passed would it be in conflict with the comprehensive plan. City Planner Beekman stated they are hoping this would not be a permanent change to the zoning code. She does not believe it would be a conflict. Commissioner Holewa asked if there is a completion date for Phase I and Ms. Beekman stated October. Commissioner Holewa stated he does not support this change because multi-family is included in the B-2 district, the Phase I is not complete and he feels it is being directed at one property. - Commissioner Thompson stated there are other issues driving what they are trying to - - accomplish. The zoning code amendment would not address the issues that we are trying to fx. The City needs to look at this again and work with property owners. She would not be in favor of the zoning code amendment. Commissioner Holewa stated the development proposal presented last month was very incomplete. Chair Larson stated if we want people in the B-2 district, allowing multi-family housing would be the way to do it. Commissioner Holewa moved and Commissioner Zimmerman seconded a motion for denial of PlanninE Case 12-011 The motion carried unanimously (6-0). Attachment Ordinance 2012-005 and Publication Summary � -���.Ls City ofArden Hills City Council Meeting for June 25, 2012 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE NO. 2012-005 A MORATORIUM RELATED TO THE DEVELOPMENT OF NEW MULTI-FAMILY DWELLING UNITS IN THE CITY OF ARDEN HILLS The Arden Hills City Council Ordains: 390.01 Recitals. A. The City of Arden Hills ("City") is in the process of reviewing city-wide regulations related to the design standards for multi-family dwelling units including, but not limited to, unit sizes, parking requirements, lighting requirements, kitchen facilities, traffic impacts, and other regulatory aspects related to development of new multi-family dwelling units. B. The existing regulations for the development of multi-family dwelling units in the City may not be meeting the City's goals, which may result in undesirable impacts on the quality of life in the City, the long-term viability of multi-family dwellings, and may negatively impact the neighborhoods which surround them. C. The City anticipates that there will be future submittals for the development of new multi-family dwellings in the City. D. In order to permit the City Council to review and evaluate changes to the City's zoning regulations related to multi-family dwellings; the Arden Hills City Council hereby determines that a moratorium on all new multi- family dwellings in the City is needed. E. The City Council recognizes that insignificant changes to existing multi- family structures in the City will not impair the City's ability to study design standards for new multi-family dwellings; therefore, this moratorium shall not apply to alterations to existing multi-family structures, or multi-family structures which have already received all required land use approvals from the City, provided that those revisions do not result in a net increase of the number of multi-family dwellings units in the City. 390.02 Duration of Moratorium. The moratorium will commence on the effective date of this ordinance and will continue for 180 days unless otherwise terminated or extended by action of the City Council. 390.03 Enforcement. The City may enforce any provision of this ordinance by mandamus, injunction, or any other appropriate civil remedy in any court of competent jurisdiction. 390.04 Separability. Every section, provision, or part of this ordinance is declared separable from every other section, provision or part of this ordinance. If any section, provision, or part of this ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision, or part of this ordinance. Effective Date. This Ordinance shall be effective the dayfollowing its publication or on the day following the publication of an Ordinance Suminary approved by the Arden Hills City Council. Adontion Date. Passed by the Arden Hills City Council on this 25�' day of June, 2012. DAVID GRANT, MAYOR ATTEST: PATRICK KLAERS, CITY ADMINISTRATOR Publication Date: July 4, 2012 2 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA SUMMARY OF ORDINANCE NO. 2012-005 On the 25th day of June, 2012, the Arden Hills City Council adopted Ordinance No. 2012=005, and by four affirmativevotes pursuantto Minn. Stat.-§412.191; Subd. 4, directed that -- -- a summary of Ordinance 2012-005 be published. Ordinance 2012-005 is entitled "A Moratoriuxn Related to the Development of New Multi-Family Dwelling Units in the City of Arden Hills," and it prohibits development of new multi-family dwelling units throughout the City. The purpose of the moratorium is so the City can study regulations related to design standards for multi-family dwelling units. The Moratorium wi11 expire on the 1 St of January, 2013, unless further extended or modified by the City Council. A full copy of Ordinance 2012-005 is available for inspection by any person during regular business hours at the office of the City Administrator, 1245 West Highway 96, Arden Hills, Minnesota 55112. The Ordinance is also available online at http://www.ci.arden- hills.mn.us. Attachment Ordinance 2012-006 and Publication Summary � -��xnLs City ofArden Hills City Council Meeting for June 25, 2012 ORDINANCE 2012-006 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE NO. 2012-006 AMENDMENT TO SECTIONS 1320.05 AND 1320.06 OF THE ZONING CODE TO REMOVE MULTI-FAMILY DWELLINGS AS A PERMITTED USE IN THE B-2 DISTRICT. The Arden Hills City Council Ordains: 1320.06 District Requirements Chart 1320.05 Land Use Chart. ORDINANCE 2012-006 Effective Date. This Ordinance shall be effective the day following its publication or on the day following the publication of an Ordinance Slunmary approved by the Arden Hills City Council. Adoption Date. Passed by the Arden Hills City Council on this 25�' day of June, 2012. DAVID GRANT, MAYOR ATTEST: PATRICK KLAERS, CITY ADMINISTRATOR Publication Date: July 4, 2012 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA SUMMARY OF ORDINANCE NO. 2012-006 On the 25th day of June, 2012, the Arden Hills City Council adopted Ordinance No. -- — 2012-006; and byfour affirmative votes pursuantto Minri: Stat. §412.191, Subd. 4� directed that a summary of Ordinance 2012-006 be published. Ordinance 2012-006 is entitled "Amendment to Sections 1320.05 and 1320.06 of the Zoning Code to Removed Multi-Family Dwellings as a Permitted Use in the B-2 District." A full copy of Ordinance 2012-006 is available for inspection by any person during regular business hours at the office of the City Administrator, 1245 West Highway 96, Arden Hills, Minnesota 55112. The Ordinance is also available online at http://www.ci.arden- hills.mn.us. Attachment Planning Commission Report dated June 6, 2012 Available online at: www.ci.arden-hills.mn.us/�lanningcases '� `- -�,�.Ls City of Arden Hills City Council Meeting for June 2S, 2012