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HomeMy WebLinkAbout10-19-15-WS It �- I I EN HILLS Approved: November 30, 2015 CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL WORK SESSION OCTOBER 19, 2015 5:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Councilmember McClung called to order the City Council work session at 5:01 p.m. Present: Mayor Grant (arrived at 5:11 pm), Councilmembers Brenda Holden, Fran Holmes, and Dave McClung Absent: None Also present: Acting City Administrator and Director of Finance and Administrative Services Sue Iverson; Associate Planner Matthew Bachler; City Planner Ryan Streff, and Deputy Clerk Julie Hanson 1. AGENDA ITEMS A. Retail and Resale Businesses Associate Planner Bachler stated that at the request of the former City Administrator, staff researched options to further regulate retail sales of new and used goods in the City. He indicated this was also included in the Planning Commission's 2015 Work Plan and the primary change was to create separate definitions in the Zoning Code; one for businesses engaged in the sale of new goods, and a second definition for businesses primarily engaged in the sale of used or second-hand goods such as a thrift store or a consignment store. The existing definition for retail sales and services covers both the sale of new and used goods. Associate Planner Bachler indicated that creating two separate classifications will allow the City to better direct retail development within the city to specific zoning districts based on their stated purposes. Associate Planner Bachler stated that City staff presented this item to the Planning Commission at their September 9, 2015, work session. The Planning Commission recommended no changes be made at this time as they did not see the need to distinguish between the two uses. ARDEN HILLS CITY COUNCIL WORK SESSION—OCTOBER 19, 2015 2 Associate Planner Bachler asked for further direction from the City Council on whether these changes should be pursued. Councilmember McClung directed Councilmembers and City staff to the Land Use Chart in the Zoning Code. He asked if this change pertains to the specific Zoning Districts where retail sales and services uses are currently either permitted, accessory or conditional. Councilmembers McClung, Holmes and Holden outlined the areas in the city where retail uses are currently allowed as follows: along and behind Lexington Avenue on streets that include Red Fox Road, Grey Fox Road, County Road E, County Road B2, as well as the Neighborhood Business area and TCAAP site. Associate Planner Bachler confirmed that the City is not looking to expand the area and stated retail as a principal use is allowed only in the main commercial districts designated as follows: B- 2, B-3, and B-4, and Neighborhood Business. He said retail as an accessory use is allowed in the industrial areas of I-Flex, I-1, and I-2. He stated if the Council wants to move forward with creating a separate definition for resale businesses, they should consider in which zoning districts that use would be appropriate. He also stated that the Council should consider if some districts should allow both new and used retail businesses. He said this issue could be brought to the Planning Commission for input regarding which zoning districts this would be appropriate. Councilmember Holmes stated the Planning Commission feels there is a need in the city for second hand stores partly due to popularity with the youth, but that they did not really think about where those stores should be located. She said the Council is concerned more with where these stores are located and that some cities have row after row of second-hand stores. Councilmember Holmes believes there should be a second definition and that there should never be a place where retail sales are not allowed. She feels retail sales should remain as they are and that the Council should focus on where resale goods would be allowed by either conditional use or permitted use. Mayor Grant arrived at the meeting at 5:11 pm. Discussion ensued regarding retail versus resale businesses and the zoning districts. Councilmember Holmes outlined her recommendation for resale businesses in the various zoning districts as follows: • N-B—Conditional • B-1 —Conditional • B-2—Conditional • B-3 —Conditional • B-4—Permitted • Do not touch MB Associate Planner Bachler clarified that zoning districts MR and MB were created for the TCAAP site. He said that once the City receives approval from the Met Council on the TCAAP ARDEN HILLS CITY COUNCIL WORK SESSION—OCTOBER 19, 2015 3 Comprehensive Plan Amendment, these districts will no longer exist and the City will then need to undergo a similar exercise of looking at retail and resale uses for the TCAAP area. A discussion ensued about whether or not creating the two separate designations is legal, to which Associate Planner Bachler stated this is legally allowed. Associated Planner Bachler also indicated that City staff will follow up with the City Attorney to determine if there are any issues with classifying a business with new retail as permitted and a business with resale retail as conditional within the same zoning district. Councilmember Holden stated she is in favor of creating the separate designations. Mayor Grant indicated he also is in favor. Councilmember McClung stated the zoning code does not need to be changed. Associate Planner Bachler asked if it is the consensus of the Council to create a separate land use category for resale businesses and to allow that use in all the same districts as retail, but to classify the resale business as conditional or permitted. Councilmember Holden stated she did not agree to this, that the classification as conditional or permitted is Councilmember Holmes' recommendation. Mayor Grant stated he would prefer to be more restrictive and would be fine with excluding resale businesses altogether in the B-2 district. A discussion ensued about what"conditional" means and if the new classification will help the City to better direct development to the appropriate zoning districts as indicated on page 2 of this item's memorandum. Associate Planner Bachler stated he will summarize this discussion with City Planner Streff, and also follow up with the City Attorney regarding classifying conditional and permitted uses within the same zoning district. It was decided the matter will be discussed further at a future City Council work session. B. Outdoor Display and Sales Zoning Regulations Associate Planner Bachler stated that at the City Council's work session in September, City staff presented research regarding the way other cities regulate outdoor display and sales. Associate Planner Bachler referenced updated revisions to the recommendations for display dimensions which would allow no more than two (2) percent of the gross floor area of the principal building or 300 square feet, whichever is greater. For properties with a principal building greater than 15,000 square feet in size,the permitted display area would be based on two (2) percent of the building footprint(such as grocery stores or home improvement stores). ARDEN HILLS CITY COUNCIL WORK SESSION—OCTOBER 19, 2015 4 Associate Planner Bachler noted there are other provisions which would have the effect of limiting the size of the overall display area, including that pedestrian access cannot be obstructed and that the display must be located adjacent to the principal building. Associate Planner Bachler provided examples of three local businesses and what their permitted display areas would be, and stated the recommendations from September's work session have been updated to include the revised display area and prohibit display areas on service station islands. He stated the next step would be for City staff to draft an ordinance to bring to the Planning Commission for a public hearing. Councilmember Holden asked for clarification of"gross floor area" as it would pertain to a two- story building. She asked if this is the gross floor area of just one level of the building or the combination of the two levels. Associate Planner Bachler stated that gross floor area refers to the total square footage of the building, so for a two story building it would include the second floor. Councilmember Holden stated this would mean a building with more levels can potentially have a larger display area than a building of the exact same size with only level. Associate Planner Bachler stated this was not necessarily the intent of staff. He noted that the outdoor display and sales area would be limited to retail and service station uses that typically do not have additional stories. He said that City staff will go back and amend this language. Councilmember McClung suggested using the gross floor area of the existing retail area only of a business as generally businesses would not have a retail area located on the second floor. Mayor Grant asked for clarification of a display area. He asked if it included the area for people to walk through the display or is it the actual dimensions of the display itself. Associate Planner Bachler stated that the display area just refers to the dimensions of the display itself. He added that the current recommendation made by City staff is that all businesses that desire an outdoor display must submit a site plan detailing the display area and obtain an administrative permit. Mayor Grant asked how City staff arrived at 300 square feet as the maximum display area. Associate Planner Bachler stated in review of other cities, only two have set limitations on the size of the display area for all businesses regardless of size. He said a number of cities allow display areas based on the square footage of the building, some up to 10% of the total square footage. Associate Planner Bachler indicated that the recommendation to increase the minimum display area from 200 square feet to 300 square feet was in part due to a review of the Holiday Station Store and the Shell Station. An aerial review of the Holiday property showed that a 200 square feet display area would not cover what they currently have on display. Increasing the minimum area to 300 square feet allowed more space to accommodate this building's current display needs. ARDEN HILLS CITY COUNCIL WORK SESSION—OCTOBER 19, 2015 5 Councilmember Holden asked about a temporary display in the Cub Foods parking lot, such as a fireworks tent. Associate Planner Bachler stated this type of seasonal, temporary display is allowed under Cub Foods' original PUD that was approved for their site. Mayor Grant suggested capping the allowable display area between 1,000 and 1,200 square feet. Discussion ensued regarding the Frattallone's Ace Hardware business and their outdoor display area. Discussion continued regarding various scenarios,the minimum square footage and a potential cap of the allowed display area. Also discussed was limiting the type of display items as the recommendation by staff would allow any items that are incidental to the primary use of the property. Councilmember Holmes referenced the City of Maple Grove's restrictions on the types of display, which limit items to those which require an outdoor sales location(plants, fuel) and items that because of large volume/weight are more easily housed outdoors (salt, fertilizer). Associate Planner Bachler stated some businesses leave their displays outside at all times and others bring the items inside the building each night. He said the intent is to cover both types of businesses. City Planner Streff pointed out that some businesses do have common items displayed outside that are available for purchase inside as well. Councilmember McClung stated that the City should not be crafting this change based on the existing businesses; the change should be crafted to include businesses that could potentially come into the city in the future. Councilmember Holden noted it appears the businesses that leave their displays outside overnight are those which are generally open 24 hours a day and those businesses that are not open overnight bring their items indoors. She asked if there should be a distinction between the two types of displays (overnight versus brought indoors). Councilmember Holden asked if there could be a limit on the number of times a business would receive a permit for outdoor display. Associate Planner Bachler stated that the recommendation is that once a permit for outdoor display is issued, it is permanent as long the business continues to conform to the approved site plan. A discussion ensued regarding Maple Grove's dimensional/location standards language of 200 feet from a residential property line unless separated by an arterial street and screened from all lot lines, and how this language could apply in Arden Hills. ARDEN HILLS CITY COUNCIL WORK SESSION—OCTOBER 19, 2015 6 Associate Planner Bachler stated that language will be added regarding the additional requirement that display areas be screened if they are less than 200 feet from a residential property line as well as limiting the type of items as described in the City of Maple Grove's requirements. He said he will check directly with the City of Maple Grove. C. Council Vacancy Discussion Acting City Administrator Iverson stated once appointed,the new councilmember's term will run through the end of 2016. A special election along with the general election will take place to fulfil the last two years of the unexpired term(2017-2018). She said she consulted the City Attorney who confirmed that since the City has declared a vacancy, items that previously required a 4/5 Council vote will now require a 3/4 vote for the duration until such time a new councilmember is appointed. Regular items still need a 3/4 vote and the Mayor has special authority to break a tie if there is a 2-2 vote on the Council vacancy appointment,per State statute. Mayor Grant discussed a potential timeline regarding the appointment of a new councilmember. A discussion ensued regarding the potential number of applicants and how to determine the number of applicants that would receive an interview. Mayor Grant discussed the following timeline: • Applications will be accepted December 1 through December 15, 2015 • Interviews will be conducted two days the week of January 11, 2016, the first round immediately preceding the January 11, 2015, Council meeting, and the second round potentially on Wednesday, January 13, 2015. • Appointment of the new councilmember at the January 25, 2016 Council meeting Councilmembers McClung,Holmes and Holden approved of this timeline. It was discussed that the above timeline would be included in the November issue of the Arden Hills Notes, noting specifically that the appointment will run through midnight of December 31, 2016, and if the appointed councilmember wished to continue, they must run in the special election that will be held with the next general election. 2. COUNCIL COMMENTS AND STAFF UPDATES Councilmember McClung referenced the sign at the former Carroll's Furniture building and asked that the new owner be notified that the sign must be removed. Councilmember Holmes stated she left a message for City staff member Sara Grant as she wanted to know which bench would be designated for Sue Schroeder. Councilmember Holden said she would check with Sara Grant at the PTRC meeting the following night. She also referenced the short notice of an invitation from Ramsey County for a coffee event. ARDEN HILLS CITY COUNCIL WORK SESSION—OCTOBER 19, 2015 7 Acting City Administrator Iverson indicated that following the October 15, 2015, Sheriff's meeting she received confirmation of the Coffee with a Cop event which will take place at the Arden Hills Starbucks in December. She said this information will be included in the November issue of the Arden Hills Notes and is currently on the City's website. She stated she will also email this information to the Mayor and Councilmembers. City Planner Streff provided an update following the Met Council's Community Development Committee meeting. He stated that the Committee did approve the TCAAP amendment with no changes. A short discussion ensued regarding the Council interviews for a new city administrator scheduled for Saturday, October 24. ADJOURN Mayor Grant adjourned the City Council work session at 6:27 p.m. nlowyo lie Hanson David Grant eputy Clerk Mayor