HomeMy WebLinkAbout11-04-15 PC Minutes
Approved: December 9, 2015
CITY OF ARDEN HILLS, MINNESOTA
PLANNING COMMISSION
WEDNESDAY, NOVEMBER 4, 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, Andrew Holewa, Steven
Jones, and Phillip Neururer.
Absent: Commissioners Angela Hames (excused) and Clayton Zimmerman (excused); and
Council Liaison Fran Holmes.
Also present were: City Planner Ryan Streff; and Associate Planner Matthew Bachler.
APPROVAL OF AGENDA – NOVEMBER 4, 2015
Chair Thompson stated the agenda will stand as published.
APPROVAL OF MINUTES
September 9, 2015 – Planning Commission Regular Meeting
Commissioner Holewa moved, seconded by Commissioner Jones, to approve the September
9, 2015, Planning Commission Regular Meeting minutes as presented. The motion carried
unanimously (5-0).
September 9, 2015 – Planning Commission Work Session
Commissioner Holewa moved, seconded by Commissioner Jones, to approve the September
9, 2015, Planning Commission Work Session Meeting minutes as presented. The motion
carried unanimously (5-0).
PLANNING CASES
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A. Planning Case 15-019; Zoning Code Amendment – Façade Transparency – Public
Hearing
Associate Planner Bachler explained that at the Joint Work Session on March 16, 2015, the
City Council and Planning Commission discussed the need to clarify the façade transparency
requirements included in the B-2 and B-3 District Design Standards. Currently, the Design
Standards require commercial and multi-family residential buildings to provide a certain
percentage of transparent window coverage on façades that front a public street or that are
reasonably visible from the right-of-way. There have been recent development projects in the
City where questions have arisen about the intent of the transparency requirements and how
visible a building’s interior needs to be to satisfy the standards.
Associate Planner Bachler indicated that staff presented recommended revisions to the B-2 and
B-3 District Design Standards at the Planning Commission Work Session held on September 9,
2015. The Planning Commission was supportive of the changes proposed and staff is now
requesting that the Planning Commission hold a formal public hearing and consider approval of
Planning Case 15-019.
Associate Planner Bachler explained that the recommended revisions state that transparent
windows or doors must allow views of interior uses or activities. The purpose of this revision is
to prohibit the use of walls, display areas, or other obstructions that could block views of the
building’s interior from the exterior. He noted that the City Attorney has advised that in cases
where there are privacy, such as patient treatment or residential uses, the City should be flexible
with these requirements.
Associate Planner Bachler provided the Findings of Fact for review:
1. The City Council accepted the Guiding Plan for the B-2 District on October 27, 2008.
2. The City Council adopted design standards in Section 1325.05 of the Zoning Code on
November 24, 2008, that was in substantial conformance with the Guiding Plan for the B-
2 District.
3. The City Council amended Section 1325.05 Subd. 8 of the Zoning Code on December 8,
2008 to apply the B-2 Design Standards to the B-3 District.
4. The proposed amendments would provide developers with clarity in the development
review process and ensure that development in the B-2 and B-3 Districts continues to be
well-designed.
5. The proposed amendment is in conformance with the Guiding Plan for the B-2 District.
6. The proposed amendment is in conformance with the Purpose and Intent of Section
1325.05 Subd. 8 of the Zoning Code, Additional Design Standards for New
Development, Redevelopment, and Modifications to Existing Site in the B-2 and B-3
Districts.
7. The proposed amendment advances the land use goals in the City’s comprehensive plan
because it establishes design standards that will ensure the construction of high-quality
and aesthetically enhancing development.
Associate Planner Bachler stated that staff recommends approval of Planning Case 15-019 to
amend Section 1325.05, Subd. 8 of the Zoning Code pertaining to the Commercial and
ARDEN HILLS PLANNING COMMISSION – November 4, 2015 3
Residential Façade Transparency Requirements for properties in the B-2 and B-3 Districts, as
presented in the November 4, 2015, report to the Planning Commission.
Associate Planner Bachler 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 public hearing at 6:35 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 6:36 p.m.
Commissioner Holewa moved and Commissioner Bartel seconded a motion to recommend
approval of Planning Case 15-019 amending Section 1325.05, Subd. 8 of the Zoning Code
pertaining to the Commercial and Residential Façade Transparency Requirements for
properties in the B-2 and B-3 Districts, as presented in the November 4, 2015, report to the
Planning Commission. The motion carried unanimously (5-0).
B. Planning Case 15-022; Zoning Code Amendment – Accessory Antennas – Public
Hearing
Associate Planner Bachler stated that the City approved a Conditional Use Permit in July 2015
for the installation of wireless panel antennas and related equipment at the existing Bethel
University building at 2 Pine Tree Drive. During the City Council review of this request, a
question arose regarding whether the antennas should be considered an accessory use because
they did not directly support or complement the principal use of the property for higher education
and office activities. The City Attorney subsequently provided a memo that responded to this
question and suggested revisions to the Zoning Code to help clarify the issue.
Associate Planner Bachler indicated that the City Council discussed the recommendations
made by the City Attorney at their regular meeting on August 31, 2015. It was the consensus of
the City Council that an amendment to the Zoning Code should be processed to incorporate the
proposed revisions.
Associate Planner Bachler reported that telecommunication facilities are protected under
federal law through the Telecommunications Act of 1996. Cities may regulate the placement and
construction of cellular towers and antennas but cannot prohibit the provision of services. The
City has adopted regulations that limit the number of new cellular towers by requiring providers
to lease space on City water tower sites, use existing buildings, or co-locate on existing towers.
Additionally, new antennas are only permitted as an accessory use on a property with an existing
principal use.
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Associate Planner Bachler indicated that the purpose of the proposed amendment is to clarify
that antenna installations do not necessarily need to complement or support the principal use they
are associated with. The revisions provided by the City Attorney state that antennas may be
treated as a secondary use as well as an accessory use.
Associate Planner Bachler provided the Findings of Fact for review:
1. The proposed amendment advances the land use goals in the City’s comprehensive Plan
because it ensures that land use regulations promote development that is compatible with
nearby properties and neighborhood character.
2. The proposed amendment helps ensure that sufficient locations are provided for the
placement of telecommunications facilities in order to allow effective service.
Associate Planner Bachler stated that staff recommends approval of Planning Case 15-022 to
amend Section 1325.09 of the Zoning Code pertaining to the regulation of accessory antennas,
dish antennas, and towers, as presented in the November 4, 2015, report to the Planning
Commission
Associate Planner Bachler 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.
Commissioner Jones discussed the differences between primary and secondary uses of properties.
Chair Thompson opened the public hearing at 6:45 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 6:46 p.m.
Commissioner Holewa moved and Commissioner Jones seconded a motion to recommend
approval of Planning Case 15-022 amending Section 1325.09 of the Zoning Code pertaining
to the regulation of accessory antennas, dish antennas, and towers, as presented in the
November 4, 2015, report to the Planning Commission. The motion carried unanimously
(5-0).
COMMENTS AND REPORTS
A. Report from the City Council
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Associate Planner Bachler updated the Planning Commission on City Council activities from
the September 28, 2015, City Council Regular Meeting. The City Council approved a maximum
tax levy increase of 3.5 percent for the 2016 budget. The Truth in Taxation public hearing will be
held at the regular City Council meeting on December 14th, at which time the final tax levy
amount will be set. The maximum tax levy established by the City Council in September can be
lowered in December but it cannot be increased.
Associate Planner Bachler stated that at the Work Session on October 21st, the City Council
discussed how the Zoning Code currently regulates retail sales of new and used goods in
commercial districts. Staff was directed to create a separate land use category for resale
businesses to distinguish between these uses and retail businesses primarily engaged in the sale
of new merchandise. Additional research will be completed on which districts resale businesses
should be allowed and on whether the use should be classified as permitted or conditional. The
City Council also continued to discuss options on regulating outdoor display and sales uses.
Specific topics discussed included the amount of space that should be permitted for display areas,
the types of merchandise that may be displayed, and requirements for screening from residential
properties.
Commissioner Holewa cautioned the City from furthering the Ordinance regarding resale retail
businesses.
B. TCAAP Update
City Planner Streff reported that the Metropolitan Council Community Development
Committee reviewed the TCAAP Comprehensive Plan Amendment (CPA) on October 19, 2015,
and unanimously recommended approval. During the meeting on October 28, 2015, the
Metropolitan Council unanimously approved the TCAAP CPA. With the approval of the CPA,
the TCAAP Joint Development Authority will become fully activated upon Ramsey County’s
approval of the Master Plan.
C. Planning Commission Comments and Requests
Chair Thompson commented that the Planning Commission had an opening for an alternate
position at this time and those interested in serving were encouraged to contact City Hall for
additional information.
Commissioner Jones discussed proposed changes to the B-2 and B-3 District Design Standards
that he would like the Planning Commission to review.
Commissioner Holewa provided comment on how close the Goodwill building was to the street.
He explained that several residents have approached him with concerns as to the placement of
this building.
Commissioner Bartel agreed that the placement of the Goodwill building was strange when
compared to the remainder of the businesses.
Commissioner Holewa discussed the need for additional parking at Lexington Station.
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D. Staff Comments
City Planner Streff explained that the 2016 Planning Commission Work Plan will be discussed
during the Work Session meeting following the regular December Planning Commission
meeting. He reported the City Council would be holding a joint Work Session meeting with the
Planning Commission on Tuesday, January 19th.
Commissioner Jones questioned when the County would be reviewing the TCAAP Master Plan.
City Planner Streff was unaware of when the County would be bringing this item to their full
commission.
ADJOURN
Commissioner Holewa moved, seconded by Commissioner Jones, to adjourn the November
4, 2015, Planning Commission Meeting at 7:10 p.m. The motion carried unanimously (5-0).