HomeMy WebLinkAbout7E, Approve Ordinance 2008-013
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Request fot Council Action
Prepared By: Meagan Beekman, City Planner Council Meeting Date: December 8, 2008
Zoning Code Amendment: B4 and I-Flex Procedure Amendments
Budgeted Amount:
$0.00
Actual Amount:
$0.00
Funding Source:
Recommendation:
Approve Ordinance 2008-013 to amend Secti-on 1320.10 and Section 1320.12 of the
Zoning Code regarding Special Requirements for the 84 and I-Flex Districts, as
presented in the December 8, 2008, Report to the City Council. Approve Publishing a
Summary of Ordinance 2008-013.
Supporting Documents:
A - Ord inance 2008-013
B - Summary of Ordinance 2008-013 for Publishing
C - December 3, 2008, Planning Commission Minutes (DRAFT)
D - December 3, 2008, Report to the Planning Commission
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MEMORANDUM
DATE: December 8, 2008
TO: Mayor and City Council
FROM: Meagan Beekman, City Planner
Charles Roberts, Community Development Intern
SUBJECT: Planning Case #: 08-030
B4 and I-Flex Procedure Amendments
Reauested Action
Consider Ordinance 2008-013 to amend Section 1320.10 and Section 1320.12 of the Zoning
Code regarding Special Requirements for the B4 and I-Flex Districts, as presented in the
December 8, 2008, report to the City Council. Approve Publishing a Summary of Ordinance
2008-013.
Back2round
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
that there was additional opportunity to improve the procedural review and intent of the B4,
Retail Center District and the I-Flex District. Both districts are located adjacent to the B2 and
B3 Districts, which are primarily commercial in nature, while the B4 and I-Flex Districts are
primarily office and light industrial in nature. As part of the long-range vision for these areas,
Staff recommends that a study be undertaken, similar to the recently adopted Guiding Plan for
City of Arden Hills
City Council for December 8, 2008
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the B2 District, within each of the remaining three districts. In the interim, staff feels that in
order to improve the process and review of minor and insignificant changes within the B4 and I-
Flex Districts there is an opportunity for small amendments to the special requirements for these
districts.
Special Requirements for the B4 and I-Flex Districts
Section 1320 of the City's Zoning Code outlines the purpose, land uses, and specific provisions
for each of the City's zoning districts. Within this section special requirements are outlined that
include the procedural process for reviewing applications in each zoning district and also any
additional regulations that may apply.
The existing procedure for both the B4 and I-Flex Districts requires any exterior modification of
a building or site to get a conditional use permit (CUP) or a CUP Amendment. This requires a
submittal of a formal land use application and review from the Planning Commission and the
City Council, as well as a public hearing.
Staff is not proposing to change this procedure for significant modifications to a building or site;
however, in order to promote minor improvements and upgrades to a site, certain types of
changes not considered significant modifications, would be exempt from the CUP process. The
exemptions are listed in subdivision one, but would include such things as replacing a door,
adding a window, or minor reconfigurations of a parking lot. This provides some flexibility so
that minor changes can move forward in a timely fashion with administrative review and
approval, and does not hinder property owners from making minor improvements to their
properties.
In addition to the procedural changes explained above, the language within the B4 District for
the special regulations for drive-in businesses, and fast food restaurants were also amended. The
intent and purpose of this subdivision has not been altered, but the phrase "drive-up windows"
has been added and the review procedure has been updated to better match that of the recently
amended B2 District.
Recommendation
At their meeting on December 3,2008, the Planning Commission voted unanimously to
recommend approval of the proposed Zoning Code changes in Ordinance 2008-013.
Approve Ordinance 2008-013 to amend Section 1320.10 and Section 1320.12 of the Zoning
Code regarding Special Requirements for the B4 and I-Flex Districts, as presented in the
December 8, 2008, report to the City Council. Approve Publishing a Summary of Ordinance
2008-013.
City of Arden Hills
City Council for December 8, 2008
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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.
Attachments
A - Ordinance 2008-013
B - Summary of Ordinance 2008-013 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
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Attachment A
Ordinance 2008-013
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December 8, 2008, City Council Meeting
Ordinance 2008-013
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
ORDINANCE 2008-013
AN ORDINANCE AMENDING THE SPECIAL REQUIREMENTS AND PROCEDURES
FOR THE B-4: RETAIL CENTER DISTRICT AND THE I-FLEX DISTRICT
The Arden Hills City Council hereby ordains that Section 1320.10 and 1320.12 are hereby
amended, in the Arden Hills City Code to read as follows:
1320.10 Special Requirements for the B-4 Retail Center District.
Subd. 1 Procedure. To further accomplish the stated purpose of the B-4 District, the
following procedures shall be used:
A. Proposals for new construction, redevelopment of a site, and significant
modifications to ~xisting sites shall use the Planned Unit Development
(PUD) or the Conditional Use Permit (CUP) process. The 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-4 District. Modifications
to these requirements may be 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.
C. The following items shall not be considered significant modifications to
an existing site and shall be exempt from the PUD or CUP 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;
Ordinance 2008-013
(iii)Minor modifications to the exterior of a building or a site that
conforms to applicable zoning regulations and has no discemable 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 Permitted Uses. Due to the replacement, reuse or redevelopment nature of
potential development in this district, the list ofI-2 permitted uses as of April 1991, that
are not permitted in the B-4 District, will be allowed in buildings existing in April 1991
as permitted uses until redevelopment or replacement of the building or buildings
housing such uses occurs. Such uses will not be allowed in buildings constructed after
April 1991. The permitted uses on the Land Use Chart, Section 1320.05, in the B-4
District will be permitted either as replacement uses in buildings existing as of April
1991 or as uses in replaced or redeveloped buildings.
Subd. 3 Uses Allowed by Conditional Use Permit. Due to the replacement, reuse or
redevelopment nature of potential development in this district, the existing I-2 uses
allowed by conditional use permit as of April 1991 will be allowed to continue as
conditional uses until redevelopment or replacement of the building or buildings housing
such uses occurs. No new I-2 uses by conditional use permit will be allowed unless those
uses are permitted or allowed by conditional use permit in the B-4 District. The uses
allowed by Conditional Use Permit on the Land Use Chart, Section 1320.05, in the B-4
District will be allowed by conditional use permit either as replacement uses in buildings
existing as of April 1991 or as uses in replaced, redeveloped or new buildings.
Subd.4 Special Regulations for Drive-Up Windows, Drive-In Businesses, and Fast
Food Restaurants in the B-4 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 maybe waived if the following conditions are met:
A. The architectural treatment, circulation plan, and signage system of such
businesses shall be designed to visually and functionally integrate the
building and the site on which it is located.
B. 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.
C. Requested modifications to the provisions in section 1325.04 shall be
stated in writing along with an explanation of why the modifications would
Ordinance 2008-013
be in the public interest and would be consistent with the purpose of the B-4
District.
Subd. 5 District Requirements. The requirements below are established for
development of individual "lots" and for the overall development of "planned proj ects".
"Lots" are individual parcels on which may be placed a single building (either single or
multiple-occupancy). "Planned proj ects" are sites on which may be placed (a) A single or
multi-occupancy retail center; (b) Two or more free-standing, single or multiple-occu-
pancybuildings; or (c) A combination of (a) and (b).
A "retail center" is a single building housing either several retail outlets or a single retail
outlet with several departments. In a "planned proj ect" individual lots may be created for
separate buildings or parts of buildings but separate buildings are not required to be
located on separate lots. To allow maximum development creativity and flexibility,
regulations such as lot area, side and rear yard building and parking setbacks, Floor Area
Ratio (F.A.R.), number of parking spaces, percent of landscape area, etc., may be
modified for individual parcels and interior lot lines within a project. However, the
regulations for these same items must be met for the total project area and exterior
project lot lines.
A. Minimum Lot Area Requirements:
1. Multiple-occupancy retail center: 5 acres
2. Free-standing, single or multiple-occupancy building: 2 Acres
B. Maximum Bulk Requirements:
1. Height: 35 feet
2. Floor area ratio (F.A.R.): .30
3. Lot coverage by structure: 25%
c. Minimum Landscaped Area: 25%
D. Minimum Building Setbacks:
1. Front yard and exterior proj ect lines: 50ft
2. Side yard: 20 feet
3. Rear yard: 20 feet
Subd. 6 Building Exteriors, Site Features and Site Development. Accomplishing the
stated purpose of the B-4 District requires particular concern for the design ofbuildings,
site features (such as landscaping, lighting and signage) and site design. The
Ordinance 2008-013
arrangement, geometry, massing, materials and colors shall be responsive to existing
buildings. The City Council will make the final determination on the compatibility and
consistency with this provision.
A. Landscaping (Section 1325.05, Subd 1, shall apply)
B. Parking (GB District regulations, Section 1320.13, shall apply)
C. Signs (GB District regulations, Section 1320.13, shall apply)
D. Lighting (GB District regulations, Section 1320.13,) shall apply)
E. Pedestrian Circulation: All development within the B-4 District shall
incorporate pedestrian improvements, which may include more specific City
requirements that become apparent in the plan review process.
F. Drainage /Water Management Plan: A plan must be submitted with each
project or lot development in the B-4 District. The plan must be approved by
the Rice Creek Watershed District, other agencies as required, and by the City
Engineer. On-site ponding is encouraged as a visual and functional amenity.
Two or more lots or projects may coordinate their plans for their mutual
benefit.
1320.12 Special Requirements for the I-Flex District.
Subd. 1 Procedure. To further accomplish the stated purpose of the I-Flex 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) or the Conditional use Permit (CUP) process. The 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 I-Flex District.
Modifications to these requirements may be granted by the City without a
variance through the PUD process. Conditional use permits may also be
required for uses list 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.
C. The following items shall not be considered significant modifications to
an existing site and shall be exempt from the PUD or CUP process but shall
be subject to administrative review and approval:
Ordinance 2008-013
(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
conforms to the applicable zoning regulations 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 Permitted Uses. Permitted uses are allowed as specified on the Land Use
Chart, Section 1320.05, for the I-Flex District.
Subd.3 Uses allowed by Conditional Use Permit.
A. Used allowed by Conditional Use Permit as specified on the Land Use
Chart, Section 1320.05, for the I-Flex District.
B. Wholesaling and warehousing if such use is wholly contained within a
building and occupies not more than fifty (50) percent of the gross floor area
of the building in which it is located.
C. Wholesaling, warehousing and related accessory uses which were in
existence in April 1991 issued a Conditional Use Permit, which will allow
such uses to continue on the site, or within any existing or expanded facilities
or improvements thereon, provided that the ratios of conditional uses to the
gross floor area of the building do not exceed the ratios existing as of the date
hereof. The Conditional Use Permit shall define the scope and ratios of
existing uses and may be amended in compliance with the procedural
requirements of Section 1355.04 Subd 3 relative to Conditional Use Permits.
D. Manufacturing or processing that generates hazardous waste with a valid
hazardous waste generators license from the Ramsey County Public Health
Department or other licensing agencies having jurisdiction.
Subd. 4 Prohibited Uses. Some land uses are not compatible with the stated purpose of
this district and will not be allowed. The following uses are prohibited:
Ordinance 2008-013
A. Residential uses, except those required for safety and security reasons in
relation to the principal use.
B. Open sales, rental or storage uses or lots.
C. Vehicular sales, lease, rental or repair.
D. Truck terminals, freight terminals and freight forwarding services.
E. Bulk storage buildings, yards and terminals, including but not limited to
forest, metal, concrete, agricultural and petroleum products; chemicals and
similar products.
F. Manufacturing or processing that generates hazardous waste without a
valid hazardous waste generator license from the Ramsey County Public
Health Department or other licensing agencies having jurisdiction.
Subd. 5 Building Exteriors, Site Features and Site Development. Accomplishing the
stated purpose of the I-Flex District requires particular concern for the design of
buildings, site features (such as landscaping, lighting, and signage) and site design. The
arrangement, geometry, massing, materials and colors shall be responsive to existing
buildings, site features and site design on adjoining sites in the district. The City Council
will make the final determination on the compatibility and consistency with this
prOVISIon.
Ordinance 2008-013
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 13 for
Publishing
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December 8, 2008, City Council Meeting
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
SUMMARY OF ORDINANCE NO. 2008-013
On the 8th day of December, 2008, the Arden Hills City Council adopted Ordinance No.
2008-013, and by at least four/fifths affirmative votes pursuant to Minn. Stat. 9412.191, Subd. 4,
directed that a summary of Ordinance 2008-013 be published.
Chapter 13, Sections 1320.10 and 1320.12 and related paragraphs are collectively known
as Ordinance 2008-013 entitled "B-4 and I-Flex District Procedure Amendments." The primary
purpose of these Zoning Code additions, amendments, and deletions is to implement design
standards for the B-4 Retail Center and I-Flex Districts.
A full copy of Ordinance 2008-013 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)
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December 8, 2008, City Council Meeting
B. Plannin!! Case #08-030: Zonin!! Code Amendment: Special Reauirements in
the B4 and I-Flex Districts - Public HearinJ!
City Planner Beekman reported that the City of Arden Hills is requesting that the
Commission consider approval of Ordinance 2008-013, to amend Section 1320.10
and Section 1320.12 of the Zoning Code regarding Special Requirements for the
B4 and I-Flex Districts. She provided background and stated that the Staff
recommended approval of the proposed zoning code changes. The purpose and
intent of the B4 and I-Flex Districts is not proposed to be altered; however, the
procedure for approving minor and insignificant building and site modifications
would be exempt from the current CUP process. Staff feels that this would better
promote minor site upgrades and improvements, while maintaining the intent of
the regulations. All site and building modifications would continue to require
administrative review and approval and all applicable permits would continue to
be required.
City Planner Beekman showed the Commission zoning maps and stated that the
Staff recommends that the City do long-range visioning for both of these districts.
She stated that both are more industrial in nature than the adjacent B2 or B3
Districts.
Discussion ensued.
City Planner Beekman stated that, if approved by the Planning Commission, this
would go before the City Council at their December 8, 2008, meeting. A Public
Hearing would also be required.
Vice-Chair Thompson opened the Public Hearing at 7:17 p.m.
There being no public input, Vice-Chair Thompson closed the Public Hearing at
7:19 p.m.
Vice-Chair Thompson inquired whether there were any comments from the
Commissioners.
The Commissioners had no further comments.
Commissioner Holewa moved, seconded by Commissioner Modesette, to approve
Ordinance 2008-013, to amend Section 1320.10 and Section 1320.12 of the
Zoning Code regarding Special Requirements for the B4 and I-Flex Districts.
The motion carried unanimously (6-0).
Attachment D
December 3,2008, Report to the Planning
Commission
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December 8, 2008, City Council Meeting