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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 ARDEN HILLS PLANNING COMMISSION – November 4, 2015 2 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. ARDEN HILLS PLANNING COMMISSION – November 4, 2015 4 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 ARDEN HILLS PLANNING COMMISSION – November 4, 2015 5 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. ARDEN HILLS PLANNING COMMISSION – November 4, 2015 6 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).