HomeMy WebLinkAbout02-11-19 PC Report Mixed Use Business Park and Commercial OrdinanceSTAFF REPORT
DATE: 2/11/19 PUBLIC HEARING ITEM #: 4B MOTION TO: Planning Commission
FROM: Ken Roberts, Planning Director ITEM: Mixed Use Business Park and Mixed Use Commercial Zoning Ordinance REVIEWED BY: Ben Prchal, City Planner
BACKGROUND:
On December 10, 2018, the Planning Commission reviewed and provided staff with comments about a first draft of the proposed mixed use ordinance.
On January 14, 2019, the Planning Commission again reviewed and provided staff with additional comments and suggestions about the proposed mixed use ordinance.
On January 28, 2019, the Planning Commission reviewed a clean copy of the proposed mixed use
ordinance and provided staff with a few comments and suggested changes to the draft ordinance.
ISSUE BEFORE COMMISSION:
The Commission is being asked to hold a public hearing, review the proposed Mixed Use Business Park and Mixed Use Commercial zoning ordinance and make a recommendation to the City Council.
PROPOSAL DETAILS/ANALYSIS:
Implementation Chapter of the 2040 Comprehensive Plan. The number one implementation step of the Land Use Chapter of the 2040 Comprehensive Plan was to create two new zoning designations that support the Mixed-Use Business Park and Mixed Use-Commercial land use designations. It is a
requirement of the Metropolitan Council that the City adopt official controls that do not conflict with the updated 2040 Comprehensive Plan within nine months of adoption of the 2040 Comprehensive Plan update.
Proposed Ordinance. The following explains the proposed ordinance:
• Descriptions. Staff drafted the descriptions to align with the descriptions within the draft 2040
Comprehensive Plan of the Mixed Use Commercial and Mixed Use Business Park future land uses. The descriptions promote buffering and smooth transitions between both existing and new development of residential and commercial uses. There also is an explanation of the requirement there be at least 50% residential (with 50% commercial) land use within a development, and if that cannot be provided, the developer provide a ‘ghost’ plat that will be
used as an official document to establish land use consistent with the Comprehensive Plan.
• Additional Submittal Requirements. The review procedures sets forth submittal requirements for development within the Mixed Use Commercial and Mixed Use Business Park zoning districts that will be required in addition to submittal requirements for a plat. These additional
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submittal requirements will help the City to determine if the 50% residential/50% commercial land use mixture has been met.
• Review Procedure. The review procedure is in addition to the Subdivision Regulations review procedure if the property is being platted. The review procedure is applicable to all
development within the Mixed Use Commercial and Mixed Use Business Park district. If the property is not being platted, development must undergo the Mixed Use Development Review process, which is the same procedure as the Conditional Use Permit process, even if the proposed land use within the development is permitted. The review procedure includes the
requirement that development be tracked in order to ensure that development within these areas is happening consistent with the Comprehensive Plan.
• Permitted, Conditional and Interim Uses. The proposed permitted and conditional (there are no interim uses proposed) uses within the Mixed Use Business Park and Mixed Use Commercial zoning districts is generally consistent with those of the current Commercial and Business Park zoning districts, except that there are additional residential uses allowed. The definitions of
these uses are attached to this report.
• Lot Dimensions and Building Bulk Requirements. An explanation of the proposed lot dimension and bulk requirements is below: o Multi-Family Dwelling Minimum Lot Area. This is the same as the minimum lot size for HDR. This allows enough area per unit assuming the highest density divided by
two in order to allow for additional uses within the development (i.e. pool, clubhouse, recreational facilities for the apartment) while still meeting density requirements. o Live Work Unit Minimum Lot Area. This is consistent with the VMX standards.
o Non-Residential Uses Minimum Lot Area. This is consistent with Commercial and
Business Park requirements o Minimum Lot Width for Residential Uses. These are consistent with HDR standards. o Maximum Height. This is consistent with Urban Residential and Commercial/Business Park districts.
o Building Setback Requirements. Residential uses are consistent with the Urban
Residential districts, and non-residential uses are consistent with the Commercial and Business Park zoning districts.
• General Site Design Considerations. o Location of Residential and Commercial Development. Staff is proposing that it be a standard that residential development be located adjacent to existing residential
development in order to provide a transition to commercial development unless sufficient buffering is provided as determined by the City. This will help to ensure that major commercial uses are not proposed adjacent to existing residential development (i.e. Savona, the Forest).
o Design. Commercial and Business Park development is to be designed to reflect the general scale and character of existing buildings on surrounding blocks. o Other Standards. The other proposed standards were carried over from the existing Commercial Districts standards.
• Standards. Current standards for a number of uses are attached to this report. Note that a
number of uses do not currently have separate standards, and the reader is referred to the definition for any standards it may set forth (this is indicated when the standards refer to Section 154.012). Additional standards for specific uses within the MU-C and MU-BP zoning district are being proposed. Brief explanations of why these unique standards are proposed are below.
o Single Family Detached Dwelling. This is a standard that has been carried over from the standards within other districts.
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o Single Family Attached Dwelling. These standards have been carried over from the HDR standard for this use.
o Secondary Dwelling. These standards have been carried over from the Urban District
standards for this use. o Public Assembly. There are currently no existing standards for this use, and these standards would be unique to these zoning districts. The standards are meant to prevent the use from becoming too overcrowded and noisy, creating a nuisance to surrounding residential properties.
o Educational Services. These are in addition to existing standards for such use and are also meant to prevent the use from becoming too overcrowded and noisy. o Funeral Home. There currently are no standards for a funeral home. Because these uses often attract large gatherings of people, standards are proposed that would help
mitigate the effect of this use near residential properties. We also are recommending that the city prohibit crematoriums. o Medical Facilities. Because of the intensity of this use, it is recommended that structures, primary vehicular access points, and helicopter landing pads be located at
least 1,500 feet away from a residential property. o Standard Restaurant and Restaurant with Drive-Through; and Retail Trade within the MU-BP district. These are limited to those incorporated as part of a larger business center or lodging use in order to keep with the general feel of the MU-BP district, which is to provide for general business and business park uses as opposed to services.
Restaurants as a primary use are more appropriate for the MU-C district. o Garden Center. These standards were carried over from the VMX and Commercial districts.
o Car Washes. There are currently standards for car washes within the Zoning Code, but
since the use could be proposed near or to adjacent properties, Staff would recommend additional performance standards including required distance from residential structures, screening, and provisions for circulation and stacking.
o Gasoline Station. There currently exist standards for gasoline (motor fuel) stations
within the Zoning Code, and the proposed ordinance proposes a minimum 200 foot
setback of fuel pumps and structures from residential uses and the possible requirement of additional screening. o Parking Facility. The standards set forth are for a parking facility within a mixed use building, parking facility as an accessory use, and parking facility as a principal use.
These are set forth in order to help ensure that the parking facility is cohesive in design to the surrounding residential neighborhood. o Sales and Storage Lots. There are standards for sales and storage lots elsewhere in the City Code, however staff is not recommending the city include these uses in these two
zoning districts. The Planning Commission discussed this use during their December
10 meeting. Based on the comments of the Commission, staff is not showing these uses as possible land uses in the ordinance. If the City wants to include these uses in these two zoning districts, then staff would recommend including additional standards (as shown) to require additional screening.
o Outdoor Recreation Facility. There are existing standards for this use, and additional standards are proposed to minimize noise and light. o Indoor Recreation Facility. There are existing standards for this use and additional standards are proposed to increase the required setback from residential properties and require noise reduction.
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o Outdoor Dining as an Accessory Use. These standards are carried over from the Commercial and VMX districts in addition to the requirement that the outdoor dining areas be located at least 200 feet from residential districts and that outdoor speakers
and lighting be designed to limit impacts on adjacent property or right-of-way. o Outdoor Storage. There are two different sets of standards for outdoor storage: one for display of goods in conjunction with a permitted or conditional use and one of materials and inventory.
The attached version of the proposed mixed-use ordinance is a mostly clean copy (with no strikeouts
and a few underlines) and should include all the changes discussed by the Planning Commission on January 14 and on January 28, 2019. It includes the revisions requested by the Planning Commission on January 28. I have shown these latest changes with underlining on pages 1, 2, 3, 4, 8 and 13 of the proposed ordinance.
OPTIONS:
The Planning Commission may:
1. Recommend the City Council adopt Ordinance 08-XXX adding the Mixed Use Ordinance language to the Zoning Code as prepared by staff; or
2. Make changes to Ordinance 08-XXX – changing parts of the proposed Mixed Use Ordinance and recommending the City Council adopt the ordinance as amended.
RECOMMENDATION:
Staff recommends that the Planning Commission recommend approval of the proposed Mixed Use Ordinance as prepared by staff.
ATTACHMENTS:
1. Proposed Mixed Use Ordinance