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HomeMy WebLinkAbout2008-013Ordinance 2008-013 STATE OF MINNESOTA COUNTY OF RAMAY 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 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 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 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. Due to the replacement, reuse or redevelopment nature of potential development in this district, the list of I-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 may be 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 projects". "Lots" are individual parcels on which may be placed a single building (either single or multiple -occupancy). "Planned projects" are sites on which maybe placed (a) A single or multi -occupancy retail center; (b) Two or more free-standing, single or multiple -occu- pancy buildings; 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 project" individual lots maybe 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 project lines: 50 ft 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 of buildings, 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. Adoption Date, This Ordinance shall become effective the day following its publication. Passed by the City Council of the City of Ar st-hie--8t day of December, 2008. S TANLEY D ATTES RONALD J MOOfk<E CITY ADMINISTRATOR Publication Date: December 17, 2008 0 ARDEN HILLS CITY COUNCIL — December 8, 2008 6 Councilmember Grant arrived at 7:20 p.m. MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion 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, as Presented in the December 8, 2008, Report to the City Council and to Approve Publishing a Summary of Ordinance 2008-012. The motion carried unanimously (4-0). W Ie_=;r4 008rer rt RtO h", Cty��&fll Ap ,r e ' lls lrn a'S tY mart' of Of �IiY ' e £=._` K013 City Planner Beekman stated 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. The City Council approved the B2 District design standards at their November 24, 3008, meeting. During the process of drafting and improving 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 B2 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 the B2 District. 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. Councilmember Holden asked what percentage of green space is required for each business. City Planner Beekman stated that the green space requirement is 25% for both the B4 and I -Flex Districts. Councilmember Holden asked how the green space was calculated. V ARDEN HILLS CITY COUNCIL — December 8, 2008 7;; City Planner Beekman stated that the requirements are not being changed from what they were but the calculation is addressed in the City's Landscape Code. 4 se d ;4Pin, e h a motion to pprove _r lnance 2 = 3 : to amen on 14and S+ect�o 320. 2 onfhZCd�� e1 Reirements for the B4 and I -Flex Districts . as Presented In the Councilmember Holden asked how and when the required number of parking spaces per business was addressed. City Planner Beekman stated that there is a City Code that does address required -parking and the requirements are set but there is a variance process. A reduction in parking spaces could also be requested during the Site Plan Review once a parking study has been completed. City Planner Beekman stated on October 27, 2008, the City Council adopted the "Guiding Plan for the B2 District". Following the adoption, Staff recommended several ordinance amendments. One of these amendments was to clarify the intent of the existing regulations by adding a definition for "drive -up windows" and to extend the regulations for drive-in business, automobile stations and fast food restaurants with drive -up windows. The purpose of the 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 adrive-up window, as defined in Section 1305.04. Subd, 52. Mayor Harpstead asked if these changes would change any of the City's current regulations for drive -up windows. City Planner Beekman stated that the City's regulation would not change but rather Staff was recommending adding the term in order to clarify what the regulation is referencing.