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Home My WebLink About7F, Approve Ordinance 2008-014 ~ ~HILLS Request for Council Action Prepared By: Meagan Beekman, City Planner Council Meeting Date: December 8, 2008 Zoning Code Amendment: Drive-Up Windows Budgeted Amount: $0.00 Actual Amount: $0.00 Funding Source: Recommendation: Approve Ordinance 2008-014 to amend Section 1325.04, Subd 1 and Subd 2 reg'arding drive-up windows, as presen~ed in the pecember 8,2008, report to the City Council Supporting Documents: A - Ordinance 2008-014 B - Summary of Ordinance 2008-014 for Publishing C - December 3, 2008, Planning Commission Minutes (DRAFT) D - December 3, 2008, Report to the Planning Commission ~ ~~HILLS MEMORANDUM DATE: December 8,2008 TO: Mayor and City Council FROM: Meagan Beekman, City Planner Charles Roberts, Community Development Intern SUBJECT: Planning Case #: 08-031 Zoning Code Amendment: Drive-up Windows Reauested Action Approve Ordinance 2008-014 to amend Section 1325.04, Subd 1 and Subd 2 regarding drive-up windows, as presented in the December 8, 2008, report to the City Council Back2:round On October 27, 2008, the City Council adopted the "Guiding Plan for the B2 District." Following the adoption, Staffrecommended several ordinance amendments to adapt the design guidelines in the Guiding Plan for the Zoning Code to integrate them with existing design standards and add detail where needed. For one of the amendments, to clarify the intent of the existing regulations, Staff proposed to add a definition for "drive-up windows" and extend the regulations for drive-in businesses and fast food restaurants to drive-up windows. This motion was recommended for approval by the Planning Commission on November 5, 2008, and approved by the City Council on November 24, 2008. The purpose of this action is to further clarify the intent of Ordinance 2008-014 by applying the now-defined term "drive-up windows" to Section 1325.04, Subd 1 and Subd 2 of the City Code. The change would generally impact all Zoning Districts, but specifically only new and existing buildings that have a drive-up window, as defined in Section 1305.04, Subd. 52. Recommendation At their meeting on December 3,2008, the Planning Commission voted unanimously to recommend approval of the proposed Zoning Code changes in Ordinance 2008-014. City of Arden Hills City Council for December 8, 2008 P:IPlanninglPlanning CasesI2008\08-031 Drive-Up Window Zoning Amendment -1325.04 (Pending)1 120808 - CC Report - Drive-Up Windows Page 1 of 2 Approve Ordinance 2008-014 to amend Section 1325.04, Subd 1 and Subd 2 regarding drive-up windows, as presented in the December 8, 2008, report to the City Council. Approve Publishing a Summary of Ordinance 2008-014. 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 2008-014 B - Summary of Ordinance 2008-014 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 P:\Planning\Planning Cases\2008\08-031 Drive-Up Window Zoning Amendment -1325.04 (Pending) \ 120808 - CC Report - Drive-Up Windows Page 2 of2 Attachment A Ordinance 2008-014 ~ ~HILLS December 8, 2008, City Council Meeting ORDINANCE NO. 2008-014 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE NO. 2008-014 AN ORDINANCE AMENDING SECTION 1325.04 OF THE CITY CODE REGARDING ADDITIONAL MINIMUM REQUIREMENTS FOR DRIVE-IN BUSINESSES, DRIVE- UP WINDOWS, FAST FOOD RESTAURANTS AND AUTOMOBILE SERVICE STATIONS The Arden Hills City Council hereby ordains that Section 1325.04 Subd 1 and Subd 2 shall be amended to the Arden Hills City Code to read as follows: 1325.04 Additional Minimum Requirements for Drive-In Businesses, Drive-up Windows, Fast Food Restaurants and Automobile Service Stations. Because drive-in businesses, drive-up windows, fast food restaurants and automobile service stations present certain unusual problems, they are hereby required to meet the following requirements in addition to the general requirements applicable to them in the zoning district in which they are to be located, unless otherwise regulated in this Code: Subd. 1 Location. A. Proximity to Schools, Churches, Public Recreational Areas and Residential Lots. No drive-in business, drive-up window, or fast food restaurant shall be located on a site that is within four hundred (400) feet of a public, private or parochial school, a church, a public recreation area, or any residentially zoned property. B. Proximity to Other Establishments. No drive-in business, drive-up window, or fast food restaurant shall be located on a site that is within one thousand three hundred twenty (1,320) feet of the boundaries of another one. C. Unreasonable Traffic Volume. No drive-in business, drive-up window, or fast food restaurant shall be located on a site if the probable result of such location would be to unreasonably increase traffic volume on nearby streets. D. Size of Lot. No drive-in business, drive-up window, or fast food restaurant shall be located on a lot of less than twenty-four thousand (24,000) square feet. Subd. 2 Site Development Standards ORDINANCE NO. 2008-014 A. Landscaping. A lot to be used for drive-in business, drive-up window, fast food restaurant or automobile service station purposes shall be landscaped at least to the following depths from each lot line: 1. Twenty (20) feet from the front lot line, except for approved access drive. 2. Ten (10) feet from each side lot line. 3. Fifteen (15) feet from rear lot line. B. Electronic Devices. Electronic devices such as loudspeakers or devices, and similar instruments, shall not be located within fifty (50) feet of any adj acent lot regardless of use or zoning district. C. Snow Storage. Adequate area shall be designed for snow storage such that clear visibility shall be afforded from the property to any public street. D. Screening. A suitable screening fence shall be erected along all property lines except those which are also public right-of-way lines. Said fence shall be of a type and design approved by the Council. Planting of a type approved by the Council may also be required in addition to or in lieu of fencing. E. Design. The design of all structures shall be compatible with other structures in the surrounding area. F. Signs. No permanent or temporary signs visible from a public street shall be erected without approval from the Council. G. Traffic Circulation. No site plan shall be approved which will in any way constitute a hazard to vehicular or pedestrian circulation. H. Access. Access shall be to public streets from at least two (2) points on the subject premises. A divided entry with a center island may meet the requirements of this provision. I. Rules and Regulations of State Fire Marshal. With respect to automobile service stations, any building proposed to be used as a service station shall be constructed and maintained as required by the rules and regulations of the state fire marshal governing the handling, storage and transportation of flammable liquids. Every facility, whether underground or above ground and whether indoors or out-of-doors, for the handling, storage and movement of flammable liquids, shall likewise be constructed ORDINANCE NO. 2008-014 and maintained in accordance with the rules and regulations of the State Fire Marshal and the Pollution Control Agency (PCA). ORDINANCE NO. 2008-014 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 14 for Pub lishing ~ ~HILLS December 8, 2008, City Council Meeting CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA SUMMARY OF ORDINANCE NO. 2008-014 On the 8th day of December, 2008, the Arden Hills City Council adopted Ordinance No. 2008-014, and by at least four/fifths affirmative votes pursuant to Minn. Stat. ~412.191, Subd. 4, directed that a summary of Ordinance 2008-014 be published. Chapter 13, Section 1305.04, Subd 1 and Subd 2 and related paragraphs are collectively known as Ordinance 2008-014 entitled "Drive-up Window Zoning Amendment." The primary purpose of these Zoning Code additions, amendments, and deletions is to clarify the intent of existing regulations for drive-in businesses and fast food restaurants. A full copy of Ordinance 2008-014 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 C. Plannine: Case 08-031: Zonine: Code Amendment: Section 1325.04 - Public Hearine City Planner Beekman reported that the City of Arden Hills is requesting that the Commission consider approval of Ordinance 2008-014, to amend Section 1325.04, Subd. 1 and Subd. 2, to apply the term "drive-up windows" for clarifications purposes, as proposed in the November 5, 2008, Planning Case Report. She provided background and stated that the Staff recommends approval. City Planner Beekman stated that, if approved by the Planning Commission, this would go before the City Council at their December 8, 2008, meeting. Commissioner Zimmerman stated that in Ordinance No. 2008-14, Section 1325.04, Subd. 1, Item C, the word "unreasonable" should be changed to "unreasonab I y . " Discussion ensued. Commissioner Holewa inquired whether any of the fence screening regulations would apply to gas stations. City Planner Beekman stated that yes; gas stations are considered automobile service stations and would be required to meet the screening requirements on all property lines that are not adjacent to a right-of-way line. Commissioner Holewa stated a concern about a screen on gas stations and other businesses and inquired whether this is reasonable. He stated that he would not like to see fences by drive-up windows for banks. Commissioner Reiff suggested that they could use plantings in lieu of fencing. Vice-Chair Thompson opened the Public Hearing at 7:26 p.m. There being no public input, Vice-Chair Thompson closed the Public Hearing at 7:27 p.m. Commissioner Holewa moved, seconded by Commissioner Stodola, to approve Ordinance 2008-014, to amend Section 1325.04, Subd. 1 and Subd. 2, to apply the term "drive-up windows" for clarifications purposes, as proposed in the December 3, 2008, Planning Case Report. The motion carried unanimously (6-0). Attachment D December 3,2008, Report to the Planning Commission ~ ~HILLS December 8, 2008, City Council Meeting