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HomeMy WebLinkAbout04-08-15 PC Minutes Approved: May 6, 2015 CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, APRIL 8, 2015 6:30 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Chair Roberta Thompson called to order the regular Planning Commission meeting at 6:30 p.m. ROLL CALL Present were: Chair Roberta Thompson, Commissioners Brent Bartel, Angela Hames, Andrew Holewa, Steven Jones, Phillip Neururer, and Clayton Zimmerman. Absent: None. Also present were: City Planner Ryan Streff; Associate Planner Matthew Bachler; Assistant City Engineer John Anderson; and Councilmember Fran Holmes. APPROVAL OF AGENDA – JUNE 4, 2015 Chair Thompson stated the agenda will stand as published. APPROVAL OF MINUTES February 4, 2015 – Planning Commission Regular Meeting City Planner Streff noted that he received edits from Commissioner Zimmerman. Commissioner Holewa moved, seconded by Commissioner Jones, to approve the February 4, 2015, Planning Commission Regular Meeting as amended. The motion carried unanimously (7-0). March 4, 2015 – Planning Commission Regular Meeting Commissioner Holewa moved, seconded by Commissioner Zimmerman, to approve the March 4, 2015, Planning Commission Regular Meeting as presented. The motion carried unanimously (7-0). March 4, 2015 – Planning Commission Work Session ARDEN HILLS PLANNING COMMISSION – APRIL 8, 2015 2 Commissioner Holewa moved, seconded by Commissioner Jones, to approve the March 4, 2015, Planning Commission Work Session as presented. The motion carried unanimously (7-0). PLANNING CASES A. Planning Case 15-006; Conditional Use Permit – Restaurant & Deck Addition – 4703 U.S. Highway 10 – Public Hearing Required Associate Planner Bachler stated that the Big Ten Supper Club has operated on the property at 4703 U.S. Highway 10 since 1959. The property was rezoned in 2000 from B-2 - General Business District to NB - Neighborhood Business District. As a result of the rezoning, the existing restaurant use became a legal nonconforming use under the Zoning Code because it operates without a CUP, which is required for all restaurant uses in the NB District. The Zoning Code states that nonconforming uses may continue, however, they cannot be expanded. In this case, a CUP is required for the deck addition to bring the property into compliance with the CUP requirements of the Zoning Code. Associate Planner Bachler indicated that the Big Ten Supper Club is requesting a CUP for a deck addition measuring 18 feet by 18 feet, a total area of 324 square feet, which would be located on the northwest side of the existing restaurant building. The purpose of the deck addition is to provide outdoor seating to accommodate approximately 20 seats. Access to the seating area would be provided through a set of double doors that will be constructed along the north building wall. A 42 inch high railing will be used for security and to separate the outdoor seating area from traffic in the parking lot. The deck would be constructed on the existing parking lot surface and would not increase the impervious coverage on the property. Associate Planner Bachler commented that the requested CUP would also encompass the existing restaurant use on the property. The property is considered to be legal nonconforming under the Zoning Code because it operates without a CUP, which is required for all restaurant uses in the NB District. A CUP is being requested to bring the property into compliance with the Zoning Code. Site Data Land Use Plan: Neighborhood Business Existing Land Use: Neighborhood Business Zoning: NB – Neighborhood Business District Current Lot Sizes: 1.09 acres (47,622 square feet) Topography: Relatively Flat Associate Planner Bachler reviewed the surrounding area, the Plan Evaluation and the Conditional Use Permit Evaluation Criteria. Associate Planner Bachler provided the Findings of Fact for review: 1. The property at 4703 U.S. Highway 10 is located in the NB District. ARDEN HILLS PLANNING COMMISSION – APRIL 8, 2015 3 2. The Special Requirements for the NB District require that the Conditional Use Permit review procedure be followed for all development that involves new building construction, modification of a building’s exterior, or modification of the site. 3. The proposed deck addition is considered to be a modification to the exterior of the existing restaurant and the Conditional Use Permit review procedure is required. 4. The property is considered to be legal nonconforming because it operates without a Conditional Use Permit, which is required for all restaurant uses in the NB District. 5. A Conditional Use Permit for the restaurant use is being requested to bring the property into compliance with the Zoning Code. 6. Restaurants in the NB District shall not exceed 3,000 gross square feet in size. 7. The existing restaurant is 4,806 gross square feet in size. 8. The proposed deck addition would not increase the gross square footage of the restaurant. Gross square footage does not include areas such as uncovered decks or patios. 9. Section 1355.04 Subd. 3 of the Arden Hills Zoning Code lists criteria for evaluating a Conditional Use Permit. 10. The proposal will have limited impacts on existing and anticipated traffic and parking conditions. 11. The proposal will have limited impacts on noise. 12. The proposal will not affect glare, odors, vibration, smoke, dust, air pollution, heat, liquid and solid waste on the property. 13. The proposal will not affect drainage on the property. 14. The proposal will not affect the population density on the property. 15. The proposal is unlikely to significantly affect land values on the subject property or on neighboring properties. 16. The park dedication requirement does not apply in this case. 17. Where the proposed use is expected to impact the health, safety, convenience and general welfare of the owners and occupants of the surrounding land, conditions may be placed on a Conditional Use Permit to mitigate such impacts. Associate Planner Bachler stated that based on the submitted plans and findings of fact, staff recommends approval of Planning Case 15-006 for a Conditional Use Permit at 4703 U.S. Highway 10 for the existing restaurant use and the proposed deck addition. Staff recommends the following nine (9) conditions to be included with the approval: 1. The project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission and City Council. 2. Prior to the issuance of a building permit, the property owner shall file all necessary paperwork with the City Clerk to update their existing liquor license to include the outside seating area. 3. A building permit shall be required prior to any construction on site. 4. The final construction plans for the deck shall comply with the Minnesota State Code for accessibility. 5. The property owner shall restripe the parking lot to provide the 84 parking stalls as shown on the proof of parking plan provided. 6. Handicap stalls shall be provided on the property consistent with ADA requirements. ARDEN HILLS PLANNING COMMISSION – APRIL 8, 2015 4 7. A barrier shall be maintained around the outside seating area to protect patrons from any hazards, including vehicular traffic and parking areas. 8. The City Council reserves the right to revoke its permission for the outside seating area if the impact of the outside seating area on adjoining property is inconsistent with the reasonable use and enjoyment of adjoining property or inconsistent with the health, safety, morals, and general welfare of the adjoining neighbors or community. 9. The property owner shall apply for a Conditional Use Permit Amendment for any development that involves new building construction, modification of the building’s exterior, or modification of the site. Associate Planner Bachler reviewed the options available to the Planning Commission on this matter: 1. Recommend Approval with Conditions 2. Recommend Approval as Submitted. 3. Recommend Denial 4. Table Chair Thompson opened the floor to Commissioner comments. Chair Thompson asked if the deck or restaurant had any ADA accessibility issues. Associate Planner Bachler reported that to his knowledge there were no current ADA accessibility issues with the restaurant. He stated that final building plans for the deck addition would be reviewed by the City Building Official for compliance with State accessibility requirements. Chair Thompson questioned if the applicant had any objections to restriping the parking lot. Associate Planner Bachler indicated that the applicant did not object to restriping the parking lot and reported the applicant was planning to complete maintenance work on the parking lot this summer. John Welsh, Big 10 Supper Club, discussed his proposed outdoor dining area. He believed this amenity would greatly benefit his patrons. He commented that the deck would be ADA accessible from the restaurant. He provided comment on the parking lot maintenance noting he did not object to restriping the lot. He reported that he was working with Arden Manor and noted that a fence and shrubbery would be installed this summer. Commissioner Zimmerman was pleased that the applicant would be installing additional landscaping. Chair Thompson opened the public hearing at 6:47 p.m. Chair Thompson invited anyone for or against the application to come forward and make comment. There being no additional comment Chair Thompson closed the public hearing at 6:48 p.m. ARDEN HILLS PLANNING COMMISSION – APRIL 8, 2015 5 Commissioner Holewa supported the requested deck addition, but reiterated that this property had too much hard surface. He suggested the applicant consider adding rain gardens to address the stormwater runoff. He indicated that he could not support the conditional use permit until the hard surface issues were addressed. Commissioner Zimmerman moved and Commissioner Hames seconded a motion to recommend approval of Planning Case 15-006 for a Conditional Use Permit at 4703 U.S. Highway 10 for the existing restaurant use and the proposed deck addition, based on the findings of fact and the submitted plans, as amended by the nine (9) conditions in the April 8, 2015, report to the Planning Commission. The motion carried 6-1 (Holewa opposed). B. Planning Case 15-007; Text Amendment – Zoning Code Ordinance, Subdivision Ordinance, and Erosion and Sediment Control Ordinance – Public Hearing Required City Planner Streff stated that the proposed amendments to the Arden Hills City Code being requested in Planning Case 15-007 are required in order to comply with the Federal Clean Water Act and the State General Stormwater Discharge Permit. These changes to the City Code are required so that certain land disturbing activities meet the standards as set forth in the Rice Creek Watershed District rules and regulations. The rules and regulations that have been adopted by the Rice Creek Watershed District meet the Federal and State requirements and the proposed amendments would adopt these rules and regulations as part of the City of Arden Hills Code of Ordinances. The changes as proposed were recommended by the engineering consultant hired to review the City Code and propose changes that would put the City into compliance with Federal and State rules and regulations. City Planner Streff provided a Summary of the Proposed Ordinance Amendments and Additions: Ordinance Amendment 2015-002 1) Amend the Zoning Code Ordinance Section 1325.05 Design Standards Subd. 8 Additional Design Standards for the B2 and B3 Districts, to amend item R. Drainage/Water Management Plan, to reference the adopted rules by the Rice Creek Watershed District, which states “Stormwater management plans shall comply with Rule C: Stormwater Management Plans of the Rice Creek Watershed District Rules”. Ordinance Amendment 2015-003 1) Amend the Subdivision Ordinance Section 1140 to include Section 1140.08 Stormwater Management, to reference the adopted rules by the Rice Creek Watershed District, which states “Stormwater management plans shall comply with Rule C: Stormwater Management Plans of the Rice Creek Watershed District Rules”. Ordinance Amendment 2015-004 1) Amend the Erosion and Sediment Control Ordinance Section 1510.01 Definitions, by amending the definition of Land Disturbance Activity, to state “Additions or modifications to existing single-family dwellings or accessory structures that will result in ARDEN HILLS PLANNING COMMISSION – APRIL 8, 2015 6 creating under 2,500 square feet of exposed soil and/or impervious surface and less than 50 cubic yards in a shoreland area”. 2) Amend the Erosion and Sediment Control Ordinance Section 1520.01 Erosion and Sediment Control Plan Subd. 4 Plan Content, to include an additional item O, which states “A land disturbance activity equal to or greater than one (1) acre is required to comply with the conditions of the NPDES/SDS Construction Stormwater General Permit, Part IV – Construction Activity Requirements”. City Planner Streff provided the Findings of Fact for review: General Findings: 1) Amendments to the Arden Hills City Code are required to comply with Federal and State rules and regulations. 2) The proposed amendments 2015-002, 2015-003, and 2015-004 would amend the Zoning Code Ordinance, Subdivision Ordinance, and Erosion and Sediment Control Ordinance. 3) The proposed amendments would update the City Code to comply with the Federal Clean Water Act and the State General Stormwater Discharge Permit. 4) The rules and regulations have been adopted by the Rice Creek Watershed District. City Planner Streff recommended approval of Planning Case 15-007 to amend the Zoning Code Ordinance, Subdivision Ordinance, and Erosion and Sediment Control Ordinance as presented in Ordinance Number 2015-002, 2015-003, and 2015-004 within the April 8, 2015, Report to the Planning Commission. City Planner Streff reviewed the options available to the Planning Commission on this matter: 1. Recommend Approval as Submitted. 2. Recommend Approval with Changes. 3. Recommend Denial 4. Table Chair Thompson opened the floor to Commissioner comments. Chair Thompson questioned what the Rice Creek Watershed District requirements were for soil and erosion control. Assistant City Engineer Anderson reviewed the stormwater treatment requirements for the Rice Creek Watershed District. Chair Thompson appreciated staff’s efforts in revising the City Code to ensure the City is in compliance with the Rice Creek Watershed District’s requirements. Chair Thompson opened the public hearing at 6:55 p.m. Chair Thompson invited anyone for or against the application to come forward and make comment. ARDEN HILLS PLANNING COMMISSION – APRIL 8, 2015 7 There being no additional comment Chair Thompson closed the public hearing at 6:56 p.m. Commissioner Zimmerman moved and Commissioner Hames seconded a motion to recommend approval of Ordinance No. 2015-002 in PC 15-007 for an amendment to Section 13325.05 of the Zoning Code Ordinance. The motion carried unanimously (7-0). Commissioner Zimmerman moved and Commissioner Hames seconded a motion to recommend approval of Ordinance No. 2015-003 in PC 15-007 for an amendment to Section 1140.08 of the Subdivision Ordinance. The motion carried unanimously (7-0). Commissioner Zimmerman moved and Commissioner Hames seconded a motion to recommend approval of Ordinance No. 2015-004 in PC 15-007 for amendments to Section 1510.01 and Section 1520.01 of the Erosion and Sediment Control Ordinance. The motion carried unanimously (7-0). UNFINISHED AND NEW BUSINESS None. COMMENTS AND REPORTS A. Planning Commission Comments and Requests Commissioner Holewa provided an update from the Energy Resilience Advisory Board. He noted that the group recently completed its Energy Integration Resiliency Framework. He reported that this document was reviewed and approved by the JDA at their April 6, 2015, meeting. B. Report from the City Council Councilmember Holmes updated the Planning Commission on City Council activities from the March 16, 2015, City Council Work Session, noting that the City Council discussed a Concept Review submitted by Caribou Coffee Company for the addition of a drive-thru lane and pick-up window at their existing store location at 3673 Lexington Avenue North. If Caribou Coffee decides to move forward with the proposal, a Planned Unit Development Amendment application would be required and a public hearing would be held by the Planning Commission. The City Council approved (5-0) Planning Case 15-003 at their March 30, 2015, Regular Meeting for a Site Plan Review and Variance at 4293 Lexington Avenue North in order to allow for the expansion of the existing parking lot on the property. The Planning Commission reviewed Planning Case 15-003 on March 4, 2015, and unanimously recommended approval (7-0). The City Council also approved (5-0) the Valentine Bluff redevelopment project in Planning Case 15-004 for a Preliminary and Final Plat, Rezoning, and Comprehensive Plan Amendment. The project will include the redevelopment of 1941 and 1901 County Road E2 for seven single- family homes. This case was also reviewed by the Planning Commission on March 4, 2015, and received a recommendation for approval (7-0). ARDEN HILLS PLANNING COMMISSION – APRIL 8, 2015 8 The City Council continued its review of Planning Case 15-002 for a Preliminary Plat, Planned Unit Development Amendment, and Conditional Use Permit Amendment for the Arden Plaza retail center. The City Council approved (5-0) the requests for a Preliminary Plat and a PUD Amendment to account for the subdivisions, increase the Phase III building footprint, and modify the retail center parking lot. A motion was approved to continue consideration of the remaining requests in Planning Case 15-002 relating to the expansion of the Frattallone’s Ace Hardware outdoor seasonal sales area to the City Council meeting on April 13, 2015. C. TCAAP Update City Planner Streff reported that Kimley-Horn has completed the first part of the Fit Test. The results were presented to the City Council at a special work session at 5:30 pm on Monday, March 30, 2015. The second part of the Fit Test is tentatively scheduled to be presented to the City Council at a special work session on Monday, April 13. The Energy Integration Resiliency Framework (EIRF) was presented to the Joint Development Authority at their meeting on Monday, April 6, 2015. Staff provided the Commission with a handout on the EIRF framework. He encouraged the Planning Commission to read a recent article in the Star & Tribune regarding Energy Resiliency on the Rice Creek Commons (TCAAP) site. Commissioner Neururer requested further information on the groundwater treatment taking place on TCAAP. City Planner Streff explained that approximately 2 million gallons of water is pumped daily and filtered through a treatment facility located on AHATS. Chair Thompson encouraged the residents in Arden Hills to refer to the City’s website and the Rice Creek Commons website for additional information on TCAAP. D. Staff Comments None. ADJOURN Commissioner Jones moved, seconded by Commissioner Zimmerman, to adjourn the May 7, 2015, Planning Commission Meeting at 7:18 p.m. The motion carried unanimously (7-0).