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HomeMy WebLinkAbout7D, Approve Ordinance 2008-012 ~ ~HILLS Request for Council Action Prepared By: Meagan Beekman, City Planner Council Meeting Date: December 8, 2008 Zoning Code Amendment: 93 District Design Standards Budgeted Amount: $0.00 Actual Amount: $0.00 Funding Source: Recommendation: Approve Ordinance 2008-012 to amend Section 1325.09 and Section 1325.05 Subd. 8 of the Zoning Code to apply the recently adopted B2 District design standards to the B3, Service Business District, as Presented in the December 8, 2008, Report to the City Council. Approve Publishing a Summary of Ordinance 2008-012. Supporting Documents: A - Ordinance 2008-012 B - Summary of Ordinance ~008-012 for Publishing C - December 3, 2008, Planning Commission Minutes (DRAFT) D - December 3, 2008, Report to the Planning Commission .. ~ILLS MEMORANDUM DATE: December 8,2008 TO: Mayor and City Council FROM: Meagan Beekman, City Planner Charles Roberts, Community Development Intern SUBJECT: Planning Case #: 08-029 B3 District Design Standards Reauested Action Approve Ordinance 2008-012 to amend Section 1325.09 and Section 1325.05 Subd. 8 of the Zoning Code to apply the recently adopted B2 District design standards to the B3, Service Business District, as presented in the December 8, 2008, report to the City Council. Approve Publishing a Summary of Ordinance 2008-012. Back!!round On October 27, 2008, the City Council adopted the "Guiding Plan for the B2 District." Chapter 5 of that Plan included design guidelines for development and redevelopment in the B2 District. As a result of the adoption of this plan, Staff drafted Ordinance 2008-010, which adapted the design guidelines in the Guiding Plan and integrated them with existing design standards into the City's Zoning Code, adding significant detail as needed. On November 5, 2008, the Planning Commission recommended approval of Ordinance 2008-010. The City Council approved the B2 District design standards at their November 24, 2008, meeting. During the process of drafting and approving the B2 District design standards, Staff recognized an opportunity to apply the same standards to the B3, Service Business District, as well. The B3 District is located north of the B2 District along Lexington Avenue to Hwy 694. Both the B3 and B2 Districts are primarily commercial in nature and have a similar purpose as defined in the Zoning Code. The B3 District is currently without any meaningful design standards. As a result, it is difficult for the City to ensure the quality design and architecture that will now be required in the adjacent B2 District. City of Arden Hills City Council for December 8, 2008 \ \Metro-inet.us\ardenhills\Planning\Planning Cases\2008\08-029 B3 Design Standards (Pending) \120808 - CC Report - B3 Design Standards. doc Page 1 of 4 B3 District Desi2n Standards The recently adopted Guiding Plan for the B2 District addresses detailed development principals, design standards, and calls for long-term transportation and public improvements along County Road E. The B3 District was not part of the study area for this plan and is not proposed to be included in the long-range vision for the B2 District. Staff feels that the B3, B4, and I-Flex Districts require their own long-range visioning process, similar to the one recently completed for the B2 District. However, Staff also feels that adopting design guidelines for the B3 District, which is a highly visible commercial corridor in the City, would help forward the principals of the B2 District and improve the quality of the development that takes place there. 1320.09 - Special Requirements for the B3 Service Business District Section 1320.09 of the City's Zoning Code describes the special requirements for the B3 District. Subdivision one outlines the procedure for evaluating new development, redevelopment and significant modifications to a site, which will now be required to go through the PUD process. As such, procedural references to the Conditional Use Permit process have been removed from this section. Staff is proposing to adopt the same procedures for reviewing and approving development proposals in the B3 District was recently adopted in the B2 District. In order to promote other minor improvements and upgrades to a site, certain types of changes are not considered significant modifications and are recommended to be exempt from the PUD Process. The exemptions are listed in subdivision one. This provides some flexibility so that minor changes can move forward in a timely fashion with administrative review and approval. In addition, "drive-up windows" in the B3 District would now be subject to the same special regulations for drive-in business and fast food restaurants. Like other business districts, there is a procedure for waiving the 1,320 foot proximity requirement if certain conditions are met; however, the conditions to waive the proximity requirement are different than in other districts. The Planning Commission has directed Staff to review these requirements and determine the reason that fast food restaurants, drive-thru businesses, and automobile service stations are treated differently within the B3 District. Staff is not proposing to amend these requirements at this time, and believes that more study is required. Staff does recommend that a long range planning process, similar to the recent B2 District study, take place within the B3 District, and that the treatment of these types of uses be more thoroughly examined at that time. Subdivision four of Section 1320.09 has also been added. This refers directly to the recently adopted design standards in Section 1325 of the City's Zoning Code. It is the intent of Staff that these newly adopted regulations would apply to both the B2 and B3 Districts. In City of Arden Hills City Council for December 8, 2008 1 IMetro-inet.us lardenhillslPlanninglPlanning Cases 12008 108-029 B3 Design Standards (Pending) 1120808 - CC Report - B3 Design Standards. doc Page 2 of 4 addition to the new design standards, all other design standards previously existing in the Code would continue to apply. 1325.05 Subd. 8 - Design Standards The most significant amendment being proposed is to add the B3 District to the recently adopted B2 District design standards in Section 1325.05 Subd. 8. The additional language, while grammatically minor, would subject new development within the B3 District to the same design standards as currently apply to the B2 District. The amendment would read as follows: Subd. 8 Additional Design Standards for New Development, Redevelopment, and Modifications to Existing Sites in the B2 and B3 District. Unless preempted by the standards in this section, all other zoning provisions shall apply: In addition to the added reference to the B3 District, and in order to make the subdivision grammatically correct, Staff is also proposing to remove any reference to the phrase "B2 District" elsewhere in this subdivision and to change any reference to the word "District" to the plural form. Recommendation At their meeting on December 3, 2008, the Planning Commission voted 5-1 to recommend approval of the proposed Zoning Code changes in Ordinance 2008-012. Approve Ordinance 2008-012 to amend Section 1325.09 and Section 1325.05 Subd. 8 of the Zoning Code to apply the recently adopted B2 District design standards to the B3, Service Business District, as presented in the December 8, 2008, report to the City Council. Approve Publishing a Summary of Ordinance 2008-012. The ordinance changes require a 3/5 vote and the publication summaries require a 4/5 vote. Options 1. Approve the proposal as submitted. 2. Approve the proposal with changes. 3. Deny the proposal. 4. Table for additional information. City of Arden Hills City Council for December 8, 2008 IIMetro-inet.uslardenhillsIPlanningIPlanning Cases 12008108-029 B3 Design Standards (Pending) 1120808 - CC Report - B3 Design Standards. doc Page 3 of 4 Attachments A - Ordinance 2008-012 B - Summary of Ordinance 2008-012 for Publishing C - December 3,2008, Planning Commission Minutes (DRAFT) D - December 3, 2008, Report to the Planning Commission City of Arden Hills City Council for December 8, 2008 \\Metro-inet.us\ardenhills\Planning\Planning Cases\2008\08-029 B3 Design Standards (Pending) \120808 - CC Report - B3 Design Standards. doc Page 4 of 4 Attachment A Ordinance 2008-012 ~ ~HILLS December 8, 2008, City Council Meeting Ordinance 2008-012 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE 2008-012 AN ORDINANCE AMENDING THE SPECIAL REQUIREMENTS AND DESIGN STANDARDS FOR THE B-3: SERVICE BUSINESS DISTRICT The Arden Hills City Council hereby ordains that Section 1320.09 is hereby amended, and Section 1325.05 Subd 8 is hereby amended, and all subsequent references to the phrase "B2 District" removed and the word "District" be reformatted to the plural, in the Arden Hills City Code to read as follows: 1320.09 Special Requirements for the B-3 Service Business District. The aesthetic and transportation impacts from new developments and redevelopments must be evaluated to help ensure the long-term viability and success of the B-3 District. Accomplishing the purpose of the B-3 District requires particular concern for the design of buildings, site features (such as landscaping, lighting, and signage), site layout, building materials, site design, and other related design elements. To that end, new development and redevelopment shall conform to the standards in this and related zoning requirements. In reviewing and approving land use applications, the City Council shall make the final determination on the compatibility and consistency with all provisions in this and related sections of the Zoning Ordinance. Subd. 1 Procedure. To further accomplish the stated purpose of the B3 District, the following procedures shall be used: A. Proposals for new construction, redevelopment of a site, and significant modifications to existing sites shall use the Planned Unit Development (PUD) process. The PUD proposal shall identify any requested modifications from the applicable zoning requirements as well as the reasons why the modifications would be in the public interest and would be consistent with the purpose of the B-3 District. Modifications to these requirements maybe granted by the City without a variance through the PUD process. Conditional use permits may also be required for uses listed in Section 1320.05. B. Conditional Use Permits, Site Plans, and other development agreements that were approved for development sites before December 8, 2008, shall remain in effect but shall use the Planned Unit Development Process for future site amendments. Ordinance 2008-012 C. The following items shall not be considered significant modifications to an existing site and shall be exempt from the PUD process but shall be subject to administrative review and approval: (i) Internal alterations to buildings that do not result in a change to the building height, roof line, or footprint unless the changes will have a notable increase in traffic and/or parking needs as determined by the Community Development Director or their designee; (ii) Replacement, maintenance, or repair of existing materials, including exterior finishes, signage, landscaping, and parking lots; (iii) Minor modifications to the exterior of a building or a site that substantially conforms to the design standards in Section 1325 and has no discernable impact on traffic as determined by the Community Development Director or their designee; D. The provisions in this Section may be modified by the City Council to allow planning flexibility without the need for a variance to encourage cooperative dialogue between the applicant and the City. Minor improvements to existing uses should be encouraged without costly upgrades or complete changes to a site. Subd. 2 Uses. A. Permitted uses (as specified in the Land Use Chart, Section 1320.05, for the B-3 District) that occupy existing buildings do not require a conditional use permit prior to occupancy. Other city permits may be required. B. Conditional uses (as specified in the Land Use Chart, Section 1320.05, for the B-3 District) require an approved conditional use permit prior to occupancy. Other city permits may be required. Subd,3 Special Regulations for Drive-Up Windows, Drive-In Businesses, and Fast Food Restaurants in the B-3 District. Section 1325.04 of this Code, specifies additional requirements for drive-in businesses, drive-up windows, fast food restaurants and automobile service stations. The provision whereby the proximity requirement of one thousand three hundred and twenty (1,320) feet between drive-in businesses, drive-up windows, or fast food restaurants may be waived if the following conditions are met: A. The operation consists of one or more drive-in businesses, drive-up windows, or fast food restaurants and is an integral part of a building containing one or more other allowed uses, or the operation is part of an architecturally unified "food court" or "drive-in service court" complex containing two or more restaurants, fast food restaurants, drive-up windows, or drive-in businesses. Ordinance 2008-012 B. Shared access drives and shared parking are utilized by all such restaurants, fast food restaurants, drive-up windows, or drive-in businesses in said building or complex. C. Only one "food court" or "drive-in business court" or building containing fast food restaurants, drive-up windows, or drive-in businesses will be allowed in addition to one freestanding fast food restaurant. D. The architecture and the site, grading, circulation, landscaping, screening and signage plans shall unify the appearance and function of the complex or building. E. A "fast food court" or "drive-in business court" may consist of one or more buildings on one or more parcels if the intent of providing a unified appearance and function is not compromised. F. The applicant shall submit a circulation plan that demonstrates that the use will not interfere or reduce the safety of non-motorized movements, specifically pedestrian and bicyclists. Subd.4 Design Standards. The standards in section 1325 shall apply. 1325.05 Design Standards. The standards established in this section are designed to encourage a high standard of development by providing assurances that neighboring land uses and neighboring properties will be compatible. The standards shall also apply to all future development and shall apply to existing development where so stated. Before any applications for development or construction under the City Code are approved, it shall be determined that the proposal will be in conformance with these standards unless a deviation has been granted. It shall be the responsibility of the applicant to demonstrate such conformance. Subd.8 Additional Design Standards for New Development, Redevelopment, and Modifications to Existing Sites in the B2 and B3 District. Unless preempted by the standards in this section, all other zoning provisions shall apply: Ordinance 2008-012 Effective Date. This Ordinance shall become effective the day following its publication. Adoption Date. Passed by the City Council of the City of Arden Hills the 8th day of December, 2008. STANLEY D. HARPSTEAD, MAYOR ATTEST: RONALD J MOORSE CITY ADMINISTRATOR Publication Date: December 17, 2008 Attachment B Summary of Ordinance 2008-0 12 for Pub lishing ~ ~HILLS December 8, 2008, City Council Meeting CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA SUMMARY OF ORDINANCE NO. 2008-012 On the 8th day of December, 2008, the Arden Hills City Council adopted Ordinance No. 2008-012, and by at least four/fifths affirmative votes pursuant to Minn. Stat. 9412.191, Subd. 4, directed that a summary of Ordinance 2008-012 be published. Chapter 13, Sections 1320.09 and 1325.05 Subd 8 and related paragraphs are collectively known as Ordinance 2008-012 entitled "B-3 District Design Standards." The primary purpose of these Zoning Code additions, amendments, and deletions is to implement design standards for the B-3 Service Business District. A full copy of Ordinance 2008-012 is available for inspection by any person during regular business hours at the office of the City Administrator, 1245 West Highway 96, Arden Hills, Minnesota 55112. The Ordinance is also available online at http://www.ci.arden- hills.mn. us. Attachment C December 3,2008, Planning Commission Minutes (DRAFT) ~ ~HILLS December 8, 2008, City Council Meeting A. Planninl! Case #08-029: Zoninl! Code Amendment: B3 District Desil!n Standards - Public Hearinfl City Planner Beekman reported that the City of Arden Hills is requesting that the Commission consider approval of Ordinance 2008-012, to amend Section 1325.09 and Section 1325.05 Subd. 8 of the Zoning Code to apply the recently adopted B2 District design standards to the B3 Service Business District. She provided background and stated that the Staff recommended approval and offers the following findings for consideration: 1. The B3 District currently has no meaningful design standards. 2. The B3 District is a major commercial corridor in the City and acts as a gateway into the B2 District. 3. 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 B2 District. 4. The proposed amendment to add the B3 District to the recently adopted design standards would work toward implementing a unified commercial area within the City and promote high quality architectural design. City Planner Beekman stated that there were 3 major changes to Section 1320.09: 1. The procedural language was changed. 2. Changes regarding Permitted Uses and Conditional Uses 3. The term "drive-up windows" was added to B3, as well, for clarification. City Planner Beekman stated that, if approved by the Planning Commission, this would go before the City Council at their December 8, 2008, Meeting. Discussion ensued. Commissioner Holewa stated that he was concerned that it sounds like there could only be one fast food restaurant in a District. He also referred to the fast food restaurant on Hwy 96 and Centerville Road that is a combined Arby's/Sbarro, and inquired how this regulation would apply to that. Commissioner Zimmerman stated that the wording seems contradictory. It states only one property could have a drive-up window but, if it meets conditions A-F, each building could have a drive-up window. City Planner Beekman replied that there are other businesses that have drive-up windows. She stated that they could have up to one freestanding fast food restaurant and one multiple-occupancy building, where two restaurants share the building. She stated that other drive-up businesses (i.e., banks, dry cleaners, etc.) would be permitted. She stated that she read the purpose of the regulations here is only to limit fast food restaurants, not to limit drive-up windows. Within 1,320 feet, there can be up to two fast food restaurants. Commissioner Zimmerman inquired whether that was the original intent. City Planner Beekman replied that this is saying that, in all zoning districts, fast food restaurants need to be at least 1,320 feet away from each other. If it meets certain criteria, then another could be allowed, in addition to the one freestanding restaurant. If there are already two separate restaurants, then it would not meet the criteria (within 1,320 feet and within the district). Discussion ensued. City Planner Beekman stated that B2 has the same wording as B4. The circumstances in which it can be waived are different. The Staff could not identify why it is different. However, since they did not have time to figure out why it was different, they decided to leave it as it is for now. Discussion ensued. Commissioner Zimmerman inquired whether it is their intention for B3 and B4 to be different. City Planner Beekman replied that yes, they are meant to be different for now. She added that the criteria did not change; there were just grammatical changes to match the other districts. Commissioner Zimmerman stated that it looks like there is more leniency in B2 and B4 regarding drive-in windows. City Planner Beekman stated that that was the intent. The intent was to minimize the fast food restaurants in other places. She added that there is no special requirement in the I-Flex District. The special requirements are just in the commercial districts. Vice-Chair Thompson inquired whether the Commissioners had any other questions. There were no questions. Vice-Chair Thompson opened the Public Hearing at 7:03 p.m. There being no public input, Vice-Chair Thompson closed the Public Hearing at 7:04 p.m. Commissioner Holewa moved, seconded by Commissioner Modesette, to approve Ordinance 2008-012 to amend Section 1325.09 and Section 1325.05, Subd. 8, of the Zoning Code to apply the recently adopted B2 District design standards to the B3 Service Business District. Commissioner Zimmerman suggested that this be tabled for additional clarification. Commissioner Holewa stated they could either recommend approval, and come back later to look at better clarification, or they could table it. Vice-Chair Thompson stated that she would rather move forward with what they have. She added that, if this was tabled, it could be a couple months, or longer, before they get back to it. City Planner Beekman stated that in the event that a proposal came forward it would be reviewed through a PUD process and that waivers could be made at that time. Commissioner Stodola inquired whether it is possible to add a requirement that the fast food restaurant portion be clarified. City Planner Beekman replied that this could be done with a Staff Directive, which did not need a motion. Commissioner Reiff stated that he thought a Staff Directive would be a good idea. Commissioner Holewa stated that regulations are always being changed. The Staff Directive would say they could come back and look at it again. Commissioner Stodola stated that she would recommend approval, with the addition of a Staff Directive. City Planner Beekman stated that this is less about drive-up windows and more about design standards. Vice-Chair Thompson stated that the motion still stands. She added that the Staff directive would be separate. The motion carried (5-1). Commissioner Zimmerman opposed. Vice-Chair Thompson stated that she is formally requesting a Staff Directive to review the drive-up window section and make it clearer as to what the intent of the ordinance is. Attachment D December 3,2008, Report to the Planning Commission ~ ~HILLS December 8, 2008, City Council Meeting