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HomeMy WebLinkAbout10-19-15-WSAGENDA ITEMS Planning Case #15 -020: Retail And Resale Businesses Ryan Streff, City Planner MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF, ATTACHMENT D.PDF Outdoor Display And Sales Zoning Regulations Matthew Bachler, Associate Planner MEMO.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF, ATTACHMENT D.PDF Council Vacancy Discussion Sue Iverson, Acting City Administrator Director of Finance and Administrative Services MEMO.PDF COUNCIL/STAFF COMMENTS ADJOURN Mayor: David Grant Councilmembers: Brenda Holden Fran Holmes Dave McClung Vacant Work Session City Council Agenda October 19, 2015 5:00 p.m. City Hall Address: 1245 W Highway 96 Arden Hills MN 55112 Phone: 651 -792 -7800 Website : www.cityofardenhills.org City Vision Arden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long -standing tradition as a desirable City in which to live, work, and play. CALL TO ORDER 1. 1.A. Documents: 1.B. Documents: 1.C. Documents: 2. City of Arden Hills City Council Work Session for October 19, 2015 P:\Planning\Planning Cases\2015\PC 15-020 - Zoning Code Amendment - Retail and Resale Businesses\Memo_Reports_15-020 Page 1 of 2 MEMORANDUM DATE: October 19, 2015 TO: Honorable Mayor and City Councilmembers Sue Iverson, Acting City Administrator FROM: Ryan Streff, City Planner SUBJECT: Planning Case #15-020: Retail and Resale Businesses Requested Action Provide staff direction on possible revisions to the Zoning Code to address retail and resale businesses. Background At the request of the former City Administrator, staff researched options to further regulate retail sales of new and used goods. Staff presented the findings to the Planning Commission in September and the Planning Commission recommended no change to the Zoning Code. Staff is requesting City Council direction on whether or not a change to the Code should be considered. Research Summary Based on the direction provided by the Council, staff may draft an ordinance that could amend the Zoning Code to clarify the City’s position on business establishments that sell goods to the public. Currently, the City’s definition for “retail sales and service” includes both the sale of new goods and the sale of used goods. The following definition regarding “retail sales and service” is included in the definitions section of the City’s Zoning Code. Retail sales and services: Stores and shops selling, renting or leasing goods for uses away from the point of sale or offers services available on the premises. Includes the following: antiques, art and school supplies, auto accessories, bakeries, bicycles (not motorized), books, stationery, candy, camera and photographic supplies, carpets and rugs, china and glassware, clothing and City of Arden Hills City Council Work Session for October 19, 2015 P:\Planning\Planning Cases\2015\PC 15-020 - Zoning Code Amendment - Retail and Resale Businesses\Memo_Reports_15-020 Page 2 of 2 costume rental, custom dressmaking, department stores, drugs, dry goods, electrical and household appliances, sales and repair, florist, food, furniture, furrier shops, garden supplies (year-round operation only), gifts, hardware, hats, hobby shops, interior decorating, jewelry, leather goods and luggage, locksmith shops, musical instruments, office supply equipment, optometrists, paint and wallpaper, phonograph records, shoes, sporting goods, tobacco, toys, variety stores, wearing apparel, and similar type uses. Motor vehicle sales, motor vehicle leasing and rentals, exterior equipment rental and sales lots, repair garages, pawn shops, and open sales lots are not included in this definition of retail sales. By clearl y defining “retail business” and “resale business” the City could better direct development to the appropriate zoning districts and ensure that the goals that have been established for each district are met as outlined in Section 1320.04 (Attachment C). Retail & Resale Definitions The following changes could be made to the definitions section of the Zoning Code to clarify “retail” and “resale” business. Retail Sales and Services: An establishment engaged principally in the sale or rental of primarily new goods and the provision of services directly to the consumer, excluding those uses defined more specifically in this Code. Resale Business: A business for which the stock of goods is primarily used, donated by or purchased from an individual, or previously returned to another retail store, including, but not limited to, consignment and thrift shops. Next Steps If the City Council decides to move forward with the proposed revisions to the City Code, staff would bring the suggested changes back to the Planning Commission for a public hearing. After the public hearing was conducted, staff would ask that the City Council then take formal action on the amendment at a future City Council meeting. Attachments A. Planning Commission Work Session Minutes – September 9, 2015 B. Planning Commission Report – September 9, 2015 C. Purpose of Districts – Section 1320.04 D. Land Use Chart – Section 1320.05 Approved: CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WORK SESSION WEDNESDAY, SEPTEMBER 9, 2015 ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Chair Roberta Thompson called to order the work session meeting at 6:59 p.m. ROLL CALL Present were: Chair Roberta Thompson, Commissioners Andrew Holewa, Steven Jones, Phillip Neururer, and Clayton Zimmerman. Absent: Commissioner Brent Bartel and Angela Hames. Also present were: Associate Planner Matthew Bachler and Councilmember Fran Holmes APPROVAL OF AGENDA – SEPTEMBER 9, 2015 The Agenda was approved as presented. DISCUSSION ITEMS B. Planning Case 15-020 – Zoning Code Amendment – Retail & Resale Business Associate Planner Bachler requested the Planning Commission consider revising the retail sales and services definition in the Zoning Code and adding a new definition for resale business. Staff reviewed the proposed zoning code amendment in detail with the Planning Commission and requested comment. Chair Thompson opened the floor to Commission questions. Commissioner Zimmerman questioned how neighboring communities addressed resale businesses. Associate Planner Bachler reported that some of the language used for the new resale business definition was from the Vadnais Heights City Code. ARDEN HILLS PLANNING COMMISSION WORK SESSION – SEPTEMBER 9, 2015 2 Commissioner Jones discussed the number of thrift stores in the area, along with the number of pawn shops. He believed that the products for sale and the footprint should be evaluated rather than the simply disallowing a resale store. Chair Thompson stated that another way to address this issue would be to allow resale businesses in only certain zoning districts given the small size of the City. She did not want to see an imbalance in the communities’ retail and commercial shops. Associate Planner Bachler discussed the land use chart with the Planning Commission and noted where retail sales and services were currently allowed in Arden Hills. Commissioner Zimmerman suggested that the existing retail sales and services definition be expanded to include used or consignment goods. He discussed how the numerous college students and those living at E Street Flats would benefit by resale/consignment shops. Chair Thompson discussed how times were changing and she believed there was a greater desire to reuse and recycle items. Commissioner Jones was surprised that pawn shops were not allowed in Arden Hills. He was in favor of the City reconsidering pawn shops in the City of Arden Hills. Associate Planner Bachler thanked the Commission for their input regarding retail and resale businesses. It was the consensus of the Planning Commission that no changes should be made to the Zoning Code at this time to distinguish between retail sales and services and resale businesses. ADJOURN Commissioner Holewa moved, seconded by Commissioner Zimmerman, to adjourn the February 5, 2015, Planning Commission Work Session Meeting at 7:55 p.m. The motion carried unanimously (5-0). City of Arden Hills Planning Commission Work Session for September 9, 2015 P:\Planning\Planning Cases\2015\PC 15-020 - Zoning Code Amendment - Retail and Resale Businesses\Memo_Reports_15-020 Page 1 of 3 MEMORANDUM DATE: September 9, 2015 PC Work Session Item 2.B TO: Planning Commission FROM: Ryan Streff, City Planner SUBJECT: Planning Case #15-020: Retail and Resale Businesses Requested Action Consider revising the retail sales and services definition in the Zoning Code and adding a new definition for resale business. Background This memo provides an overview of the possible change to the Zoning Code in order to further regulate retail sales of new and used goods. Based on the direction provided by the Planning Commission, staff may draft an ordinance that could amend the Zoning Code to clarify the City’s position on business establishments that sell goods to the public. Currently, the City’s definition for “retail sales and service” includes both the sale of new goods and the sale of used goods. The following definition regarding “retail sales and service” is included in the definitions section of the City’s Zoning Code. Retail sales and services: Stores and shops selling, renting or leasing goods for uses away from the point of sale or offers services available on the premises. Includes the following: antiques, art and school supplies, auto accessories, bakeries, bicycles (not motorized), books, stationery, candy, camera and photographic supplies, carpets and rugs, china and glassware, clothing and costume rental, custom dressmaking, department stores, drugs, dry goods, electrical and household appliances, sales and repair, florist, food, furniture, furrier shops, garden supplies (year-round operation only), gifts, hardware, hats, hobby shops, interior decorating, jewelry, leather goods and luggage, locksmith shops, musical instruments, office supply equipment, optometrists, paint and wallpaper, phonograph records, shoes, sporting goods, tobacco, toys, variety stores, wearing apparel, and similar type uses. Motor vehicle sales, motor vehicle City of Arden Hills Planning Commission Work Session for September 9, 2015 P:\Planning\Planning Cases\2015\PC 15-020 - Zoning Code Amendment - Retail and Resale Businesses\Memo_Reports_15-020 Page 2 of 3 leasing and rentals, exterior equipment rental and sales lots, repair garages, pawn shops, and open sales lots are not included in this definition of retail sales. By clearly defining “retail business” and “resale business” the City can better direct development to the appropriate zoning districts and ensure that the goals that have been established for each district are met as outlined in Section 1320.04 (Attachment A). Retail & Resale Definitions The following changes could be made to the definitions section of the Zoning Code to clarify “retail” and “resale” business. Retail Sales and Services: An establishment engaged principally in the sale or rental of primarily new goods and the provision of services directly to the consumer, excluding those uses defined more specifically in this Code. Resale Business: A business for which the stock of goods is primarily used, donated by or purchased from an individual, or previously returned to another retail store, including, but not limited to, consignment and thrift shops. Discussion In order to get a better sense of how the Planning Commission would like to proceed in the review and possible revision of the City’s Zoning Code, staff is requesting feedback on the following questions: 1. Should the City consider a change in the Zoning Code to clarify these retail and resale uses? 2. What zoning districts in the City should include retail sales and services, resale business or both? Next Steps Based on the direction provided by the Planning Commission, staff will bring the suggested revisions to the Zoning Code to a City Council work session for review. The Planning Commission would then be asked to hold a public hearing and make a formal recommendation on any amendments to the Zoning Code clarifying retail and resale business uses in the City at a future meeting. City of Arden Hills Planning Commission Work Session for September 9, 2015 P:\Planning\Planning Cases\2015\PC 15-020 - Zoning Code Amendment - Retail and Resale Businesses\Memo_Reports_15-020 Page 3 of 3 Requested Action Consider revising the retail sales and services definition in the Zoning Code and adding a new definition for resale business. Attachments A. Purpose of Districts – Section 1320.04 B. Land Use Chart – Section 1320.05 1320.04 Purpose of Districts. Subd. 1 R-1 Single Family Residential District (revised 6/23/11) A. To establish areas for the development of single family detached housing at a maximum density of approximately three (3) units per net acre. B. To reserve development areas for single-family housing. C. To restrict encroachment of incompatible uses. D. To maintain density limitations. E. To take advantage of municipal utilities. F. To preserve open space. G. To allow educational uses on campus-like settings which are compatible with adjacent residential uses. Subd. 2 R-2 Single Family and Two Family Residential District A. To establish areas for the development of single and two (2) family housing at a maximum density of approximately five units per net acre. B. To reserve development areas for single and two family housing. C. To restrict encroachment of incompatible uses. D. To maintain density limitations. E. To take advantage of municipal utilities. F. To preserve open space. Subd. 3 R-3 Townhouse and Low Density Multiple Dwelling District A. To provide areas offering a broad development range in housing units with a maximum density of eight (8) units per net acre. B. To retain the environment and character of less intensive residence areas through carefully established bulk and lot area requirements. Subd. 4 R-4 Multiple Dwelling District A. To establish areas for the development of multiple dwelling structures with a maximum density of twelve (12) units per net acre. B. To permit the most intensive residential development allowed in the City. C. To maintain an essentially residential character in areas developed at a more intensive density. Subd. 5 NB Neighborhood Business District A. To be located at the edge of residential neighborhoods. B. To provide a limited range of over-the-counter, convenience, retail, and service uses to accommodate the needs of the adjacent residents. C. To place limitations on the type, size and intensity of uses within this district, given its proximity to residential uses. D. To place emphasis on convenience for pedestrian, bicycle, and public transportation access to the use. E. To accommodate, where possible, a public commons giving residents a place to gather and interact with one another. F. To ensure adequate buffering is provided on these sites for the adjacent residential uses. G. To require, where applicable, compliance with the City’s gateway requirements. Subd. 6 B-1 Limited Business District A. To establish areas for the location and development of administrative office buildings and related office uses which are subject to more restrictive controls. B. To provide a district which is related to and may reasonably adjoin high density or other residential districts. C. To establish a business district in which there is limited contact with the public and no exterior display or selling of merchandise to the general public. Subd. 7 B-2 General Business District (revised 12/03/08) A. To be a place in which people can live, work and play. B. To create a compact, architecturally diverse, pedestrian- and bicycle- friendly community with a distinct identity. C. To provide a connected sidewalk system and places for people to gather and socialize. D. To implement design standards to promote an attractive environment with lasting and sustainable value. E. To group compatible retail and service business uses that tend to draw trade that is naturally interchangeable and promotes business prosperity. F. To provide an adequate supply of businesses and professional service areas to meet the needs of the residents. G. To minimize the effects of traffic congestion, noise, odor, glare and similar safety problems. H. To implement the Plan known as the “Guiding Plan for the B2 District,” which was adopted by the City Council on October 27, 2008. Subd. 8 B-3 Service Business District A. To accommodate an adequate supply of businesses and services that serve the community and motorists traveling through the community with a broad range of services and goods. B. To provide locations for uses that may be incompatible with retail centers, thereby keeping the retail centers compact and convenient. C. To keep services in close proximity to arterial streets or highways in areas that are appropriately designated on the Comprehensive Plan. D. To encourage grouping of compatible and mutually supportive business uses and services. E. To promote business prosperity. F. To establish a high standard of development and design that produces a positive visual image and minimizes the effects of traffic congestion, noise, odor and glare. G. To allow a transitional reuse of existing buildings until market conditions warrant redevelopment. H. To enhance redevelopment potential by prohibiting uses that would impede redevelopment. I. To ensure acceptable traffic operations on local streets . J. To promote flexibility in land uses and site development standards to achieve the purposes of the district. Subd. 9 B-4 Retail Center District A. To meet retail shopping needs of the surrounding community by providing a district that will accommodate a wide range of retail goods and services. B. To promote business prosperity by creating an attractive and functional retail center. C. To provide an integrated retail trade center that groups compatible retail uses in one or more multiple-occupancy buildings. Free standing, single- occupancy buildings will be allowed if planned and constructed as part of a unified development that contains a retail center or is developed after such a retail center is developed. D. To produce a positive visual image by establishing a high standard of design and development. E. To allow transitional uses that will allow an orderly phasing out of existing uses and development that are not appropriate in a contemporary retail center and a phasing in of uses and development as warranted by market conditions. F. To encourage grouping of uses that are mutually supportive and have similar requirements for vehicular and pedestrian accessibility and exposure. G. To alleviate potential traffic congestion on local streets by the design of the circulation pattern and arrangement of uses. Subd. 10 CC Civic Center District A. To implement that part of City of Arden Hills Comprehensive Plan known as the Civic Center (CC) area. B. To create a destination-oriented area that serves as focal point for the Community where a mix of uses including public, small retail, educational, semi-public facilities and some mid-to-high-density housing are located. C. To bring forth a government center that would integrate Sunfish Lake with a civic campus and commercial area, and create a gathering/activity place that is unified in purpose, design and use. D. To require strict development standards and building materials to create a high quality civic environment. E. To preserve, protect, and enhance existing development adjacent to the district. F. To promote compact, unified development that takes advantage of the proximity to the adjacent open space areas and regional transportation facilities. G. To minimize the effects of traffic congestion. H. To allow development that will insure reasonable traffic operation on the internal and surrounding transportation systems including Lexington, Hamline, and Highway 96. I. To encourage arrangement of uses that are mutually supportive and have similar requirements for vehicular and pedestrian accessibility and exposure. Subd. 11 GB Gateway Business District A. To implement that part of Arden Hills Comprehensive Development Plan known as the I-694/I-35W Plan. B. To promote high quality, unified, large-scale development in a manner similar to a planned unit development. C. To take full advantage of the site's location as documented and described in the NE I-694/I-35W Plan. D. To allow only development that will create an attractive environment and a positive image for this site, which is one of the most visible in the community and represents the City's last major development site. E. To protect the site's environmental resources. F. To promote flexibility in land uses and development standards to achieve the objectives of the I-694/I-35W Plan. G. To allow development that will insure reasonable traffic operation on the internal and surrounding transportation systems. Subd. 12 I-1 Limited Industrial District A. To allow only those types and intensities of industrial uses that do not detract from the surrounding area. B. To maintain performance standards to keep the intensity of land utilization lower than in the general Industrial District. Subd. 13 I-2 General Industrial District A. To provide an area where more intensive light industrial land uses may locate. B. To present the least deleterious effect to adjacent, less intensive land uses. Subd. 14 I-FLEX District A. To preserve, protect, enhance and perpetuate existing development in the district. B. To attract new development that is compatible with existing development in the district in terms of use, performance, character, quality and appearance of buildings and sites. C. To permit only those uses that will have traffic generation characteristics that are compatible with existing development in the district and that will ensure reasonable traffic operation on streets in the vicinity. D. To encourage new site development that will be compatible with existing site development standards of existing development in the district. E. To promote flexibility in land uses and site development standards to achieve the objectives of the I-Flex District. Subd. 15 Planned Unit Development (PUD) Overlay District A. To allow flexibility in land development to benefit from new technology in building design and construction and in land development. B. To encourage variety in the organization of site elements, land uses (residential and non-residential), building densities, and building and dwelling types. C. To promote higher standards of site and building design through the use of trained and experienced professional land planners, landscape architects, registered architects, engineers and surveyors to prepare plans for all PUD's. D. To preserve and enhance desirable site characteristics and open space. E. To promote more efficient and effective use of land, open space and public facilities F. To effectuate the policies and standards of the Arden Hills Comprehensive Development Plan. Subd. 16 MR Mixed Residential District (added 7/14/10) A. To reuse approximately 220 acres of the former Twin Cities Army Ammunition Plant (TCAAP) property in a way that accommodates a mix of land uses that is sensitive to the natural environment, economically sustainable, and a benefit to the community. B. To complete the environmental remediation of contaminated land to support reuse of the area. C. To create a development of regional significance that is a benefit to the community and region. D. To integrate a development on the former TCAAP property with the developed part of Arden Hills. E. To provide a variety of housing options for a wide range of ages and incomes. F. To create a unified development where people can live, work, and play. G. To create a pedestrian and bicycle friendly community. H. To implement design standards to promote an attractive environment with lasting and sustainable value. I. To minimize the effects of traffic congestion, noise, odor, glare, and similar safety problems. Subd. 17 MB Mixed Business District (added 7/14/10) A. To reuse approximately 240 acres of the former Twin Cities Army Ammunition Plant (TCAAP) property in a way that accommodates a mix of land uses that is sensitive to the natural environment, economically sustainable, and a benefit to the community. B. To complete the environmental remediation of contaminated land to support reuse of the area. C. To create a development of regional significance that is a benefit to the community and region. D. To integrate a development on the former TCAAP property with the developed part of Arden Hills. E. To provide opportunities for a variety of businesses to diversify the City’s commercial base. F. To create a unified development where people can live, work, and play. G. To create a pedestrian and bicycle friendly community. H. To implement design standards to promote an attractive environment with lasting and sustainable value. I. To group compatible retail and service business uses that tend to draw trade that is naturally interchangeable and promotes business prosperity. J. To minimize the effects of traffic congestion, noise, odor, glare, and similar safety problems. Subd. 18 POS Parks and Open Space District (added 11/25/13) A. To support the Arden Hills Parks, Trails, and Open Space Plan and the Ramsey County Parks and Recreation System Plan. B. To provide an area for publicly owned lands that have recognized outdoor recreational or open space resources. C. To support community health through the provision of active and passive outdoor recreational opportunities. D. To promote natural and ecological stewardship. E. To conserve vital environmental resources. Subd. 19 CD Conservation District (added 11/25/13) A. To provide a “holding” zone for federally owned lands on the Arden Hills Army Training Site to ensure that future development is staged, maintains a sustainable level of public expenditures for utilities and services, and protects those areas generally determined to be unsuitable for development due to the presence of wetlands, floodplains, steep slopes, certain drainage and soil conditions, and critical wildlife habitat. City of Arden Hills Chapter 13 Zoning Code Section 1320 – District Provisions Adopted: November 13, 2006 Page 10 of 59 1320.05 Land Use Chart. (revised 11/25/13) CD POS Antenna, Dish or Tower CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA Boarding house C C C C == == == C == == Brewpub CCC C Business service == == == == A P P P C P P P P P Clinic, medical office == == == == P P P P P C P P P P P Club or lodge (non‑profit)== == == == P P P == C == == P Club, sports & fitness == == == == A P P P C P P P P Commercial recreation - indoor == == == == P P P == P P Daycare Facility, over 10 P PPPP P P P P P Daycare, family - 10 or less AAAAA A A Daycare, group family - 14 or less CA CA CA CA CA CA CA Dog kennel == == == == C C == == == Dog run AAA= = = = = = = = = = = = A Drive-up windows == == == == C C C A == CA Dry cleaning & laundry, pick-up station == == == == C A A == A == P Dry cleaning & laundry, self-service laundry C= =C C = = = = = = = == = Dwelling: density zoning D D D D == == == == P == Dwelling: multiple family == == C C C C == == C C == P == Dwelling: single-family attached CCDD P = = Dwelling: single‑family detached P P P P == == == == == P == Dwelling: two‑family CCPPC = = = = = = = = = = P = = Dwelling: live-work unit == == == == C C == Financial institution & service == == == == P P P P P C P P P P == P Garage, truck == == == == == == == == C C == == Home occupation: Class I AAAAA A A = = Home occupation: Class II CA CA CA CA CA == == == C == == CA == Hospital D Hotel/motel == == == == C P C C C == C P House of worship CCCCC CCCCC CP Manufactured home park == == C == == == == == == == == == == Manufacturing & processing: Class I AAA P P P P = = C Manufacturing & processing: Class II == == == == == == == == P == == Microbrewery CCC C C C Microdistillery CCC C C C Mortuary, funeral home == == == == P P == C == == == C Multiple occupancy building == == == == C C C C C C C C C C == P Nursery C C C C == == == == == == CA Nursing home and assisted living C C C C D C == == == == C P CC GB I‑1I - 2I - F L E XUses: Zoning Districts: R‑1R‑2R‑3R‑4N BB‑1B‑2B‑3M R M BB‑4 City of Arden Hills Chapter 13 Zoning Code Section 1320 – District Provisions Adopted: November 13, 2006 Page 11 of 59 Office = = = = = = = = PPPPPPPPP P P Park Facilities P Pawn shop Personal services CAPPPCP A P Public use CCCCCCCCCCCCC C PPCC Research and development facility CPCCC PPP P P Research animals CC C P Residence Hall, dormitory == == == C C D == == == == == == == C P Residential facility, state licensed, serving 1-6 P P P P P P == == == == == P Residential facility, state licensed, serving 7- 16 CCCCC C C Restaurant and restaurant-fast food = = = = = = = = CAPPPCPCC P Retail sales & service = = = = = = = = PAPPPCAAA A P School, general education C C C C == == == C == == C P School, higher education D= == == = C C = = C C = == = C P School, specialized education == == == == C C C C C == == C P Service station == == == == C C == C C C C Storage, exterior == == == == == == == == == CA Studio == == == == C C P P P C == == P Theater, indoor == == == == A C P == C == == P Utility distribution line PPPPPPPPP PPP P PPAP Utility substation == == == == == == == == C C C C Utility transmission CCCCCCCCC CCC C CCCC Vehicle – motorized, leasing and rentals == == == == C C == == == C Vehicle - motorized, service == == == == C C == == == C Warehousing = = = = = = = = AAAA CPP C A CD POSMR MB “P” = Permitted; “D” = Planned Unit; “■” = Not Permitted; “C” = Conditional Use Permit; “A” = Accessory; “CA” = Conditional Accessory Use Permit, “I” = Interim Use Permit Uses: Zoning Districts: R‑1R‑2R‑3R‑4N BB‑1B‑2B‑3B‑4C CG B I‑1 I-2 I-FLEX ______________________________________________________________________________ City of Arden Hills City Council Work Session for October 19, 2015 P:\Planning\Planning Cases\2015\PC 15-021 - Zoning Code Amendment - Outdoor Display and Sales\Memos_15- 021 Page 1 of 2 DATE: October 19, 2015 TO: Honorable Mayor and City Councilmembers Sue Iverson, Acting City Administrator FROM: Matthew Bachler, Associate Planner SUBJECT: Outdoor Display and Sales Zoning Regulations Background The City is currently reviewing outdoor display and sales in its commercial districts and whether the Zoning Code should be updated to further regulate these activities. At the City Council Work Session on September 21, 2015, staff presented research on different ways that several cities in the metro area regulate outdoor display and sales. Based on the review of best practices used in other communities, staff provided initial recommendations for updates to the Zoning Code. The City Council directed staff to complete further work on the recommended dimension standards for display areas and to report back at a future Work Session meeting. Discussion The initial recommendation in the staff report for the September 21, 2015 Work Session was for a maximum outdoor display area of 200 square feet. Staff has since revised its recommendation for the permitted display area to the following: two (2) percent of the gross floor area of the principal building or 300 square feet, whichever is greater. This modification would increase the minimum area allowed for all properties from 200 to 300 square feet and would allow larger retailers, such as grocery or home improvement stores, to have slightly larger display areas more proportional to the size of their store footprints. The table below provides what three local businesses would be allowed for display areas if this standard were adopted: Business Total Gross Floor Area (s.f.) 2% Gross Floor Area (s.f.) Permitted Display Area (s.f.) Cub Foods 68,566 sf 1,371 1,371 Walgreens 14,490 sf 290 300 Holiday Service Station 5,563 sf 111 300 AGENDA ITEM 1-B MEMORANDUM ______________________________________________________________________________ City of Arden Hills City Council Work Session for October 19, 2015 P:\Planning\Planning Cases\2015\PC 15-021 - Zoning Code Amendment - Outdoor Display and Sales\Memos_15- 021 Page 2 of 2 Staff has also created aerial maps in GIS to provide a visual of the display area footprints for the Cub Foods store and the Holiday service station (Attachment D). Recommendations and Next Steps The recommendations discussed at the Work Session on September 21, 2015 have been updated based on the direction provided by the City Council. Staff is requesting that the City Council review the list below and provide any additional feedback: • Add a definition to the Zoning Code for Outdoor Display and Sales land use classification. • Restrict use to the B-2, B-3, B-4, Neighborhood Business, and Gateway Business Zoning Districts. • Permit outdoor display and sales as an accessory use to Retail Sales and Services and Service Station uses only. Require an Administrative Permit and Site Plan for each business proposing to have an outdoor display and sales area. • Limit types of products displayed or sold to merchandise incidental to the primary use on the property. • Require display areas to be adjacent to the principal building and on the side of building with main entrance. Prohibit display areas from being located on service station islands. • Prohibit display areas from obstructing pedestrian access and utilizing required on-site parking. • Limit display areas to a footprint of no more than two (2) percent of the gross floor area of the principal building or 300 square feet, whichever is greater. • Establish a maximum height of 6 feet for display areas, or as determined by the Community Development Department. • Require that merchandise be stacked and arranged neatly at all times and be located on a hard surface. The next step in this process would be to have staff draft an ordinance amending the Zoning Code to include the new regulations on outdoor display and sales. The Planning Commission would be required to hold a public hearing on the ordinance prior to formal action by the City Council on this item. Attachments A. Outdoor Display and Sales Regulations - Minneapolis/St. Paul Metro Area Examples B. Staff Report to the City Council, September 21, 2015 C. City Council Work Session Minutes, September 21, 2015 D. Aerial Maps – Cub Foods and Holiday Display Areas Outdoor Display and Sales Zoning Regulations - Minneapolis/St. Paul Metro Area Examples City Districts Permitted Classification of Use Restrictions on Type of Display Dimensional/Location Standards Eagan Neighborhood Business, General Business, and Community Shopping Center Districts Permitted accessory use Display items must consist solely of products sold or distributed within the principal structure by the occupant thereof • Display area must be < 60 sq. ft. • Located adjacent to principal structure and on side with main entrance • Must be within 5' from building wall • Maximum height of 4' • Display area cannot take up required parking spaces or landscaped area Maple Grove B - Business District Permitted accessory use • Limited to items which require outdoor sales location (plants, fuel), and items because of large volume/weight more easily housed outdoors (vending machine, salt, fertilizer) • Separate requirements for temporary outdoor display • Must be 200' from residential property unless separated by arterial street • Screened from all lot lines Lakeville C-1, C-2, C-3, C-CBD, I- CBD, I-1, I-2 Permitted accessory use with Administrative Permit Include more restrictive standards for outside sales at motor vehicle fuel facilities in terms of total area, height, and types of displays permitted. • Area < 10% of principal building • Limited to area of customer entrances • No display in required setbacks • Display area included in calculation for required parking spaces • Cannot occupy space required for parking • Propane lockers must be on concrete/asphalt surface adjacent to principal building • Propane lockers cannot encroach on pedestrian sidewalk or impede circulation Outdoor Display and Sales Zoning Regulations - Minneapolis/St. Paul Metro Area Examples City Districts Permitted Classification of Use Restrictions on Type of Display Dimensional/Location Standards Edina PCD-1, PCD-2, PCD-3 Permitted accessory use - • Display area cannot occupy > 10% of gross floor area of building housing principal use • No display within 1/2 required front street or side street setback • No display in required side/rear setback Brooklyn Park Outdoor sales: B-3, B-4 Vending/ice machine, propane exchange: B-2, B- 3, B-4, BP, I Outdoor sales: conditional use Vending/ice machine, propane exchange: permitted use in conjunction with vehicle service business or grocery/variety goods Distinction made between vending/ice machines and propane exchange and general outdoor sales and display Outdoor sales: cannot block sidewalks or encroach on sidewalks. Must be identified on approved Site Plan. Vending/ice machine, propane exchange: adjacent to primary building; project < 5' from building; minimum access width 4'. Eden Prairie Neighborhood Commercial, Community Commercial, Highway Commercial, Regional Service Commercial, Regional Commercial Permitted accessory use Separate requirements for temporary outdoor display • Building must not exceed permitted FAR • Material/equipment must be screened from road and adjacent land uses with a wall of the building • May not encompass area > 6% of base area of enclosed building Roseville NB, CB, RB-1, RB-2, CMU, O/BP, I Permitted accessory use. Annual permit required in Commercial and Mixed Use Districts • Merchandise limited to items incidental to primary use of premises • Separate standards for outdoor sales events and outdoor seasonal retail sales • Separate standards for outdoor display for motor fuel sales, motor vehicle repair, and body shops • Limited to 350 square feet • Cannot utilize existing on-site parking spaces • Cannot obstruct pedestrian access • Merchandise stacked/arranged neatly • Max height 8' or as determined by CD Department DATE: September 21, 2015 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator FROM: Matthew Bachler, Associate Planner SUBJECT: Outdoor Display and Sales Zoning Regulations Background At the City Council Work Session on July 20, 2015, staff presented an inventory of properties in the B-2 and B-3 Zoning Districts with outdoor sales or exterior storage. Staff also reviewed the current regulations in the Zoning Code regarding outdoor sale and exterior storage uses in these two districts. The City Council directed staff to complete research on how other cities in the metro area regulate these types of activities in commercial districts and to report back at a future City Council Work Session. The staff report and meeting minutes from the City Council Work Session on July 20, 2015 are included in Attachments B and C. Discussion Staff has reviewed Zoning Ordinances from the cities of Brooklyn Park, Eagan, Eden Prairie, Edina, Lakeville, Maple Grove, and Roseville for provisions that regulate outdoor display and sales by businesses. Regulations on exterior storage uses were not evaluated at this time. Outdoor display and sale uses are permitted in all seven cities but are restricted in terms of the zoning districts where they are allowed. These activities are regulated through required City approvals, the types of products that can be displayed, and dimension and location standards. Staff has compiled a spreadsheet to organize this information, which has been provided in Attachment A. Districts Permitted Generally, the cities that were researched allow outdoor display and sales in most commercial zoning districts. Brooklyn Park allows these uses in their General Business District and Vehicle Sales and Showroom District, but prohibits them in the Neighborhood Retail District, except for vending machines, ice machines, and propane exchanges. Several cities do not permit outdoor display and sales on industrially zoned properties. AGENDA ITEM 1-A MEMORANDUM ______________________________________________________________________________ City of Arden Hills City Council Work Session for September 21, 2015 Page 1 of 3 Classification of Use The cities of Eagan, Eden Prairie, Edina, and Maple Grove classify outdoor display and sales as a permitted accessory use that does not require any additional City approvals. In Lakeville and Roseville, the use is listed as a permitted accessory use but businesses must obtain an administrative permit. Brooklyn Park classifies outdoor display and sales, except for vending machines, ice machines, and propane exchanges, as a conditional use that requires Conditional Use Permit approval by the City Council. Types of Products Displayed or Sold The cities of Eagan and Roseville specifically state that outdoor display items must consist of merchandise that is incidental to the primary use on the property. Maple Grove limits this activity to items that require an outdoor location (plants and fuel) and items that because of large volume or weight are more easily housed outdoors (vending machines, salt, and fertilizer). As discussed previously, Brooklyn Park limits outdoor display and sales to vending machines, ice machines, and propane exchanges in certain commercial districts. Location, Dimensional, and Performance Standards Most of the cities reviewed place restrictions on where outdoor display and sales areas can be located on a property. Some examples of these requirements include being adjacent to customer entrances and within five feet of a building wall. It is also common for these uses to be prohibited from obstructing pedestrian access, occupying on-site parking spaces, and encroaching into required structure setbacks. Outdoor display areas are commonly restricted based on total area and height. The following table provides a summary of standards used by other cities: City Maximum Display Area Maximum Height Eagan 60 square feet 4 feet Eden Prairie 6% of base area of enclosed building - Edina 10% of gross floor area of building housing principal use - Lakeville 10% of gross floor area of principal building - Roseville 350 square feet 8 feet or as determined by Community Development Dept. Note: Brooklyn Park and Maple Grove do not have standards on maximum display area or height. Three cities include performance standards for outdoor display areas. Both Eden Prairie and Maple Grove require these areas to be screened in some way, either from public roads or adjacent land uses. In Roseville, merchandise displayed outdoors must be stacked and arranged neatly at all times. ______________________________________________________________________________ City of Arden Hills City Council Work Session for September 21, 2015 Page 2 of 3 Recommendation If the City Council chooses to create regulations for outdoor display and sales activities, staff has drafted a list of initial recommendations below. Staff is requesting that the City Council review these recommendations and provide further direction: • Add a definition to the Zoning Code for Outdoor Display and Sales land use classification. • Restrict use to the B-2, B-3, B-4, and Gateway Business Zoning Districts. Complete additional research on which Zoning Districts on the TCAAP site should allow this use. • Permit outdoor display and sales as an accessory use to Retail Sales and Services and Service Station uses only. Require an Administrative Permit and Site Plan for each business proposing to have an outdoor display and sales area. • Limit types of products displayed or sold to merchandise incidental to the primary use on the property. • Require display areas to be adjacent to the principal building and on side of building with main entrance. • Prohibit display areas from obstructing pedestrian access and utilizing required on-site parking. • Limit display areas to a footprint of no more than 200 square feet. • Establish a maximum height of 6 feet for display areas, or as determined by the Community Development Department. • Require that merchandise be stacked and arranged neatly at all times and be located on a hard surface. Based on the feedback provided by the City Council, staff will work on scheduling this item for a Planning Commission Work Session to discuss this issue further. Before bringing this item to the Planning Commission, staff will notify local businesses that currently have outdoor display and sales uses about the regulations under consideration. Attachments A. Outdoor Display and Sales Regulations - Minneapolis/St. Paul Metro Area Examples B. Staff Report to the City Council , July 20, 2015 C. City Council Work Session Minutes, July 20, 2015 ______________________________________________________________________________ City of Arden Hills City Council Work Session for September 21, 2015 Page 3 of 3 Approved: October 12, 2015 CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL WORK SESSION MEETING SEPTEMBER 21, 2015 5:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Grant called to order the City Council work session meeting at 5:01 p.m. Present: Mayor David Grant; Councilmembers Brenda Holden, Fran Holmes, and Dave McClung Absent: Councilmember Robert Woodburn Also present: Director of Finance and Administrative Services Sue Iverson; Public Works Director Terry Maurer; Community Development Director Jill Hutmacher; City Planner Ryan Streff; Associate Planner Matthew Bachler; and Deputy Clerk Julie Hanson 1. AGENDA ITEMS A. Outdoor Display and Sales Zoning Regulations Associate Planner Bachler stated that at the City Council Work Session on July 20, 2015, staff presented an inventory of properties in the B-2 and B-3 Zoning Districts with outdoor sales or exterior storage. Staff also reviewed the current regulations in the Zoning Code regarding outdoor sales and exterior storage uses in these two districts. The City Council directed staff to complete research on how other cities in the metro area regulate these types of activities in commercial districts and to report back at a future City Council Work Session. Associate Planner Bachler reported that staff reviewed Zoning Ordinances from the cities of Brooklyn Park, Eagan, Eden Prairie, Edina, Lakeville, Maple Grove, and Roseville for provisions that regulate outdoor display and sales by businesses. Regulations on exterior storage uses were not evaluated at this time. Outdoor display and sales uses are permitted in all seven cities but are restricted in terms of the zoning districts where they are allowed. These activities are regulated through required City approvals, the types of products that can be displayed, and dimension and location standards. Associate Planner Bachler stated that generally, the cities that were researched allow outdoor display and sales in most commercial zoning districts. Brooklyn Park allows these uses in their ARDEN HILLS CITY COUNCIL WORK SESSION – SEPTEMBER 21, 2015 2 General Business District and Vehicle Sales and Showroom District, but prohibits them in the Neighborhood Retail District, except for vending machines, ice machines, and propane exchanges. Several cities do not permit outdoor display and sales on industrially zoned properties. Associate Planner Bachler commented that the cities of Eagan, Eden Prairie, Edina, and Maple Grove classify outdoor display and sales as a permitted accessory use that does not require any additional City approvals. In Lakeville and Roseville, the use is listed as a permitted accessory use but businesses must obtain an administrative permit. Brooklyn Park classifies outdoor display and sales, with the exception of vending machines, ice machines, and propane exchanges, as a conditional use that requires a Conditional Use Permit and approval by the City Council. Associate Planner Bachler explained that the cities of Eagan and Roseville specifically state that outdoor display items must consist of merchandise that is incidental to the primary use on the property. Maple Grove limits this activity to items that require an outdoor location (plants and fuel) and items that because of large volume or weight are more easily housed outdoors (vending machines, salt, and fertilizer). As discussed previously, Brooklyn Park limits outdoor display and sales to vending machines, ice machines, and propane exchanges in certain commercial districts. Associate Planner Bachler indicated that most of the cities reviewed place restrictions on where outdoor display and sales areas can be located on a property. Some examples of these requirements include being adjacent to customer entrances and within five feet of a building wall. It is also common for these uses to be prohibited from obstructing pedestrian access, occupying on-site parking spaces, and encroaching into required structure setbacks. Associate Planner Bachler stated that if the City Council chooses to create regulations for outdoor display and sales activities, staff has drafted a list of initial recommendations as outlined below. Staff requested that the City Council review the following recommendations and provide further direction. • Add a definition to the Zoning Code for Outdoor Display and Sales land use classification. • Restrict use to the B-2, B-3, B-4, and Gateway Business Zoning Districts. Complete additional research on which Zoning Districts on the TCAAP site should allow this use. • Permit outdoor display and sales as an accessory use to Retail Sales and Services and Service Station uses only. Require an Administrative Permit and Site Plan for each business proposing to have an outdoor display and sales area. • Limit types of products displayed or sold to merchandise incidental to the primary use on the property. • Require display areas to be adjacent to the principal building and on side of building with main entrance. • Prohibit display areas from obstructing pedestrian access and utilizing required on-site parking. • Limit display areas to a footprint of no more than 200 square feet. • Establish a maximum height of 6 feet for display areas, or as determined by the Community Development Department. • Require that merchandise be stacked and arranged neatly at all times and be located on a hard surface. ARDEN HILLS CITY COUNCIL WORK SESSION – SEPTEMBER 21, 2015 3 Associate Planner Bachler stated that based on the feedback provided by the City Council, staff will work on scheduling this item for a Planning Commission Work Session to discuss this issue further. Before bringing this item to the Planning Commission, staff will notify local businesses that currently have outdoor display and sales uses about the regulations under consideration. Councilmember McClung questioned what staff was hoping to gain from the proposed outdoor display and sales zoning regulations. Community Development Director Hutmacher explained that the City does not want outdoor storage to become messy looking and indicated staff does speak directly to the business owner if it becomes an issue. She commented that staff’s concern in drafting this language was meeting the needs of all commercial uses in the City while not being overly restrictive or allowing too much outdoor storage. Councilmember McClung wondered if the new regulations would open a can-of-worms and for that reason, did not want this item to proceed. Mayor Grant was in favor of the City taking some action in order to address the outdoor storage concerns in the community. He provided further comment on how the City managed its zoning concerns and encouraged staff to be more proactive in addressing zoning issues within the business community. Councilmember Holmes believed it would benefit staff to have a clear and definitive rule regarding outdoor storage and display. Further discussion ensued regarding the proper percentage of outdoor storage that should be allowed in the City of Arden Hills. Councilmember McClung indicated that he was talking himself out of this ordinance amendment. He supported the City’s current code language. Mayor Grant requested that staff bring the code language back to the Council at an upcoming work session meeting that includes some sort of cap or a percentage not to exceed a specified amount with no storage allowed on service station islands. Cub Foods and Holiday Service StationProposed Permitted Outdoor Display and Sales Area K Cub Foods 68,566 Square Feet 1,371 Square Feet Holiday Station Store5,563 Square Feet Permitted Display Area (2% of Gross Building Area or 300 Square Feet, whichever is greater) K 300 Square Feet AGENDA ITEM – 1C MEMORANDUM DATE: October 19, 2015 TO: Honorable Mayor and City Council Members FROM: Sue Iverson, Acting City Administrator Director of Finance and Administrative Services SUBJECT: Council Vacancy Discussion Background Due to the unexpected passing of Councilmember Robert Woodburn on October 2, 2015, a vacancy now exists on the City Council. This vacancy will need to be filled by Council appointment until an election is held. Since more than two years remain in the unexpired term, a special election will be held at the next regular City election. The appointed person shall serve until the qualification of a successor is elected at a special election to fill the unexpired portion of the term. Discussion The City Council adopted a resolution declaring the vacancy which also indicated that we will hold the special election next November. Staff has been in contact with both Ramsey County and the City Attorney in order to insure that we file the proper paperwork and notices. Some items to note while we have a declared vacancy:  Items that need a 4/5 vote of the City Council will now only require a 3/4 vote until someone is appointed.  Regular items still need a 3/4 vote.  Special Mayoral authority is limited to the vacancy issue in that if there is a 2-2 vote, the Mayor makes the appointment. This is per M.S. 412.02. Council Action The City Council will need to determine how they wish to proceed with appointing someone to this vacancy until a special election is held.