HomeMy WebLinkAbout7D PC 08-003 Interim Use Permit�i EN HILLS
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Agenda Packet Item:
Motion to Approve Planning Case 08-010 for an Tnter�m Use Permit for
Temporary Student Housing at 1201 County Road E Based on the
Findings of Fac� and the Submitted Plans, as Amended by the
Fourteen Conditions in the April 14, 2008, Memo to the City Council
April 14, 2008
�
EN HTI,LS
Request for Council Action
Prepared By: Meagan Beekman
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�ept.: Community Development
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Council Mtg. Date: 04-14-08 Budgeted Amount: --
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Final Action Needed B: 04-22-08 Actual Amou�t: --
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Funding Source: --
on to Approve Planning Gase OS-010 for an Interim Use Permit for Temporary Student Housing at 1201 County Road E Based On the
ings of Fact and the Submitted Plans, as A3nended by the Fourteen Conditions in the Apri[ 14, 2008, Memo to the City Council.
Approve Planning Case OS-090 For an Interim Llse Permit for Temporary Student Housing at 1201 County Road E Based on
Fact and the 5ubmitted Plans, as Amended 6y the Fo�rteen Conditions in the April 14, 200$, Memo to the City Council,
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��pPnrtmg p;o�urnen�si (attachetl� ;---
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X�Memo/Letter: April 14, 2008, Memo to the City Council
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: Resolution IVo..
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Ordinance No.:
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;Engineering Recommendation
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Attorney Recommendation:
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A: April 8, 2008, E-mail from Rob Davidson
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Please refer to tf�e March 3i, 200$ Council Packet Por the following at#achments:
j X`Other: ` A: Qraft Planning Commission minutes
' ` B: Interim Use Permit Agreement
: ; C Planning Case Report 08 040 to the Planning Commission.
f�
EN HiLLS
MEMORANDUM
DATE: April 14, 2008
T4: Mayox & City Council
FROM: Meagan Beekman, Planner I �
SUBJECT: Planning Case #: OS-010
Davidson Cflmpanies
Interim Use Permit
12Q1 County Road E
Request
Approve PIanning Case 08-010 for an Interim Use Per�nit far Temporary Student Housing at
1201 County Road E Based on the Findings o� Fact and the Submitted Plans, as Amended by the
Fourteen Conditions in the April 14, 200$, Memo to the City Council.
Back�round
The applicant, together with Northwestern College, is requesting an Interim Use Permit {IUP) to
operate student housing in the B-2 District. The applicant is proposing to purchase the property
at 1201 County Road E, the former Holiday Inn, and lease the building to Northwestern College
to use as student hausing for a per�od not to exceed three years. The applicant is requesting an
IUP that would begin in May 2008 and expire at the end of May 2011. During that tirne,
Northwestern College plans to construct on-campus student housing fhat would meet their
housing needs. Student housing is de#ined as "Institutional Housi�g" in �he City's Zoning Coc�e.
Presently, the Zoning Code does not pravic�e far an Interim Use Permit process, nor is
Institutional Housing identified as an interirr� use in the B-2 District. In order to accoz�amadate
their request, the applicarrt has also submitted a proposal to add the Inter�zxa Use Permit process
to the zaning code, and add institutional housing as an interim use in the B-2 District {Plat�ning
Case 08-009). This IUP is contingent on the City Cauncil's approval of those praposed zoning
code changes.
Ciry of,4rden Hills
City Council MeetingforApf�i114, 2008
IIMelro-inet.uslardenhil(slPlanninglPlanning Cases11008108-(110 Dasidson Inierim Use Permr! {pCApproirdJl04I408- CCRepor! - Davidsan
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The app�icant is not proposing any exteriar modifications to the building, ot�er than routine
maintenance and repair tha# may be needed over the tI�-ee year periad. Because there are no
changes proposed to tl�e exterior of the bui�ding, the curren� building marata�ium in the B-2
District does not impact #his request.
In order to accommodate parking and traffic c�err�and on the site, Northwestern College is
proposing to provide daily shuttle service between the property and the campus based on class
and chapel scnedules. In addition, Northwestern College wouId not permit students living an th�
property to drive to ar park on campus during the regular sehool day. Students would be
required to take the shuttle service.
The applicant has submitted a letter outlining the reasans for the req�test and describing the
arrangement with Northwestert� College, including proposed security measures, occupancy, an�d
maintenance of the building (Attachment C}. If this appiication is approved, the proposal along
with any conditions required by the City would be included in an official Interim Use Pern�it
Agreement that would be prepared by the City Attorraey. The IUP would be a legally
enforceable document.
A iull report with attach�znent was submitted to the City Counci� for their March 31, 2008,
meeting. Please refer to that report for the compiete set of attachments and the planning case
documents tha# were reviewed by the Planning Commission.
Pedestrian Counection
At their March 5, 2008, meeting, the Planning Commission directed Staf�io :research the
feasibility of requiring tne applicant to provide a pedestrian connection between the subject
property and the retail properties located to the north. Current3y, ti�ere is no improved pedestrian
conr�ection on the Arden Hills side of Lexington Avenue over the railroad tracks to the north.
The Planning Commission expressed concern that studen#s wauld �ikely want to access the retail
center to the north and that there would be a signi�cant increase in pedestrian traffic caused from
the use of the property as student housing. The lack of a pedestrian connection poses a public
safety risk for botl� students and automobile traffic traveling along Lexington Avenue and across
t}�e railroad trac%s.
Staff contacted both Ramsey County and the CP Railroad, who owns the tracks. Both have
indicated their support of the project and wiIlingness to move forward on a temparary or
permanent pedestrian pathway. CP Railroad acknowledges tlae safeiy hazard and encourages the
use of a pedestrian walkway at that location.
In response to this finding, Staff has in.cluded a condition of approval requiring the applicant to
construct a pedest�ian walkway, provided all impacted property owners agree to the
City of�irden Hills
Ciry Council Meeting for Api�l 14, 2008
ilMetlo-inet.uslardenhillslPlamnniglPlaniiirrgCasesllOD81p8-010 Ua�°idsvtrl�t�er(nt Use Perrnit /PCf1pp�•oved)l04I408- CCRepw�t -Dai�idson
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izaaprovement. CP RaiIroad has indicated #hat the esti:raaated cost of upgrading the railroad
crossing foz' pedestrians would be between $120d and $4800. The Crty Engineer has
preliminarily reviewed the potential pedestrian connection and deterfnineci it would be possible
to construct a path despite the gade change on the narth side of tke railroad tracks; however,
additional review would be required. The applicant is aware oithis condition and has subrnatted
a response to the City Council (Attachment A).
Counci� Concerns
Staff has received a nurnber of comme�ts, questions, and concerns from Counci� mernbers
regarding this application. In an attempt ta address these concerns, Staff has prepared possible
condition lang�tage that couId be added by the Council to the Interim Use Permit Agreement.
The below conditions would need to be acided by the City Council with a motion to approve.
The concerr�s and potential condition language is as fo�lows:
Barrier between Holiday Inn and Carroll's Furniture
A concern has been raised that students may drive acrass the access that connects the former
Holiday Inn property and Caz7roll's Furni€�re. T�is additional automobile traffic could
potentially cause added strain an the businesses to the west of the subject property. Staff has
contacted the Fire Depart�nent and the City Attorney and has been unable to find a reason for this
aecess to remaiza open. Staff contacted Carroll's Furniture #o find out if they had any concerns
about closing or Ieaving the co;nalecrion. The manager of that property has no objections to the
aecess being blocked, and in fact believes that it would be a benefit to his business to do so.
Potential Condition Lan a e: The applicant shall prevent, either through barrier ar
eonstruction, the passage of vehicies from the subject property to the property
immediately to the west, snbject to approva] from the City Engineer and the property
owner to the west, prior to the issuance of an Occupancy Permit.
Removal of a Curb Cut
Currently there are three curb cuts an County Road E that access the former Holiday Inn
property. Concern has been raised that two access points may be rn�ore appropriate. Staff
contacted Ramsey County since they have jurisd�ction over the road. While the County does not
have ar�y objections to the removal of one of the curb cuts, they have stated that the existin� curb
cuts do not present any issues for the County and they would not require a reduction in curb cuts
at this time since no site i�provements are being made. However, if c�eemed necessary, the City
can require a reduction in curb cuts. Since �he B-2 Small Area Plan will be addressing
transportation issues in the B-2 Zane, the City may want to consider keeping all curb cuts to
Ciry ofArden Hills
City Council Meeting for,4pril 14, 2008
IIMeG'o-trtet.uslardenhilfsiPlanrtirrglP(anrrnrg Cases1�0081lJ8-(110Darrdsan Interim Use Permil (PCApprored)Ip41908 - CCReporl -Davidson
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allaw for fizture �ea�ability when the property is redeveIoped_ The B-2 Plan may call for the
reduction of curb cuts once the matter is more fully studied.
Potential Condition Language: The applicant shall remove, either th.rough barrier or
constntction, one of the th:ree curb cuts accessing the subject praperty, subject to approval
from Ramsey County and the City Engineer, prior to the issuance of an Occupancy
Percnit.
Parking Permits
Concern has �een raisec� over the possible traf�c issues that could arise if students that do not
iive on site park there in order ta take tne shuttle to campus. There is ample par%ing on site far
the students that will be housed in the praperty, but excess student parking could pose a problem.
Narthwestem College has indicated that they will be reyuiring parking permits in �he form of a
sticker that would pertnit only those students that Iive on site to par�C in the lot. All other
students would then be prohibited from parking on the subject property. This would eliminate
other students from utilizing the site for parking.
Patential Condition Lang�uage: Northwestern College shall require parking permits for
students that live and sta�f that worl� on the subject property_ Student and staff that do
not work or live on the property shall be prohibited frorn paz-kiz�g on the site. No parking
shal] be permitted without a permit. Northwestern College shalI be responsible for
manitoring parking on the site.
Shuttle Service
Northwestern College has indicated that a shuttle service will be provided to transport stttdents to
and frorn the subject property and campus for classes and church services. They have also
indicated that students who live in the proposed student housing would not be permitted to drive
to, and park on, campus during sc�oal hours. Concern has been raised abo�t how Northwestern
College would enforce this, and whether or not adequate shuttle service will be provided so as to
sufficientIy minimize the number of students driving to anc� from campus. Staff does not have
knowledge of �aow many shuttle trips per day woulci be sufficient to mee# this goal, though
Northwestern ColIege wouIci be required to submit to the City a sched�le of their trips. Staff has
notified the applicant of this concern ar�d recommends having representatives from Northwestern
College address this concerr� directIy.
Potential Condition Lan a e:
Northwestem College shall provide at minimum roundtrips per day by way of
shuttle service to and from the subject property and the Caanpus so as to rninimize
studen�s fraxt't driving to campus from t13e subject property.
City afArden Hills
Ciry Council Meeting for April 14, 2008
1lMetro-irrel.uslai•denlai7lslPlanni�aglPlanni�rg Casesl?U0811)8-{llll Daridson h�terirn Use Ae�mi1 (PC Appro�°ed}1 p91448 - CC Repa7 - Dai°idsa�
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Pedestrian Connection Treatment
A concern has been raised that the conditian language currently in the Interim Use Permit
AgrEernent regarding the pedestrian connectiox� does not indicate the type of sur�acing material
that the walkway would be constructed out of. The cannection would be rec�uired to be
maintained year-round and as such would need io be constz-ucted out of an improved hard
surface.
Potentia] Condition Lan�ge: The temporary pedestrian connection sl�all be constructed
with an improved hard surface such as concrete or bituminous.
Excessive City Service Use
A concem that the use of the property as student hausing will increase the number of ernergency
service ealls, ihus increasing the cost to the City for such services, has been raised. A condition
can reasonably be added that would allow the City to defer any increase in costs for ennergency
services directly reIated to this use to Northwestern College or the owner of the property. Staff
has discussed this issue with the Fire Chief and he is not camfortable with this condition; he is
concerned that this will deter �re calls. In addition, he does r�at feel that the additio�al calls frorn
the student housing would impact the fee to the City. He stated that if they received ten to
twenty calls a year from the property he would consider that excessive. After reviewing the
candition however, he did indicate that if the condition was to be added he woutd be comfortable
with the language of it. Another option that is a�ailable is to i�clude excess emergency serviee
casts incurred by the City as a result of this use as a reasonable use of the f nancial surety alz'eady
being given to the City by the property owner as proposed in condition 2. In this way, the money
is held in the form of an escrow in the event that an excessive amount of police or fire calis
results in adc�ztional fees to the City.
Potential Condition Lan�ua�e: If the City incurs additional fire and/or law enforcernent
service costs, as determined by the �'ire Chief and Police Chief, beyond those of the
preexisting use, Northwestern Col�ege shail reimburse to the City the cost of such
services.
Findin�s of Fact
The Planning Commission offers the following findings of fact for the City Council's
consideration:
General Findings:
City ofArden Hi11s
City Council Meeting forApril 14, 2008
I'�Me11'o-inel.us�arde�airfllslPlaxninglPlanniiag CasesIZ008108-01(1 Daridson lnterim Use Pe+-mit (PCRpproi•ed)1041408- CCReporl - Dasidsofz
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�. If the proposed zoning code changes in PIanning Case OS-009 are approved, institutional
housing would be an interirn use in the B-2 District.
2_ The use is not anticipated to adversely irnpact nearby properties tt�-ough nuisanee, naise,
dust, glare, ar unsightlir�ess, and will not otherwise adversely impact the heal�h, safety,
and welfare of the community because the use is temporary and is Iocated in a
cor�mercial district.
3. The use will increase parking and traffic on the site co�npared to �he most recent hot�I-
motel use. This is proposed to be mitigated by the shutt�e service providec3 by
Northwestez-n College and parking reg��lations enforeed by the City.
4. The use is not anticipated to impact the comprehensive plan or future ttse �or the site.
5. The term of the interim use will not exceed three years. The Interirr� Use P�rmit wou�d
terminate on May 31, 2011.
6. An interim use agreement wil� be required prior to oceupancy.
7. The project is subject to a�inancia] surety to cover the cost of re�noving the interim use
and any interi�n structures upon expiration of the interim use permit
S. There are no delinqt�ent property taxes, speeial assessments, anterest, or City utility fees
due upon the subject parcel;
9. Tkae property laas not been the recipient of a previous Interim Use Permit.
On the Proposed Specicrl Requzrements,for Interirrt Uses in the B-2 District:
10. T`he proposed plan conforms with Section 1355.04 Suhd 7 afthe Zoning Code
11. The building to be used will be upgraded to meet all app�icable building and fire codes
] 2. Each room will have its own bathroom
13. The capacity of the building will not be exceeded
14. The institutional housing will be fo� s�udent housing on3y.
15. A regularly scheduled shuttle wilI be provided to and from the coTlege
Recorr�mendation
The Planning Coznmission reviewed Planning Case 08-010 and unanimously recommends
approval (b-0} of the Interim Use Permit based on the findings of fact and the sub:raaitted plans as
amended by the following fourteen conditions:
1. The projeet sha�l be campleted in accordance with the plans submitted as amended by
the conditions of approval. Any significant changes to these plans, as determined by
the City Planner, shal] require review and approval by the Planning Commission ar3d
City Counci�.
2. The property owner shall submit a financial surety in the arr�ount of $5,000. The
surety shall be in a form suitable to the City Attorney.
3. An Interirz� Use 1'ermit agreement, drafted by the City Attorney, shal� require City
Council appro�al and shall be signed by the property owner prior to the issuance of
the occupancy permit.
Ciry ofArden Hills
City Council Meeting for�4pri114, 2008
11Mefra-inet.uslardenhillslPlmzningll'lanning Cases12D08V1)8-010 Daridson brterim Use Permit (PCAppro��ed)I(141408 - CC Repor! - l�aridson
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4. T'he Interim Use Pe�nit shall begin on May 31, 2008, and shall expire on May 31,
2011.
5. Northwestern Callege shall submit a sh�ttle sehedule to the City and submit, in
writing, any changes to the schedule while the interim use permit is in ef#'ect_ If
Northwestern Co3lege stops the shuttle service during the regular school yea:r, the
interim t�se pe:r�it may be terminated by the City.
6. Northwestern Co�lege shall provide an update in December of each year to the City
Co�ncil on the status of the new dormitory that is to be bui�t on the Northwestern
College Campus.
7. All pa�-king demand shall be accornmodated on-site_
8. The outbuilding on the northwest corner of the property shall be removed prio:r to the
issuance o�the Occupancy Permit.
9. The property owner shall co�tnply with the Building Official and Fire Marshal
conditions listed in their memo dated Febr�tary 22, 2008, unless alterriative solutions
can be found, subject to approval of the Building Official and Fire Marshal, priar to
the issuanee of an occupa�cy perrnit. These conditior�s are as fo�laws:
A. All cuz-�rent life safety measures, both active and passive to he fully
operationaI as originally instalIed. This includes but not limited to, all
penetrations and ar alterations to ex�sting fire ratings of walls, comdors,
and floor systems. T'hey are to be tnspected and repaired to �here original
condition.
B. All corridar doors to have a minimum of a one hour fire rating, and are
self clasing as oraginaIly installed. AIl doors to be inspected a�-�d repaired
as needed. (submit letter certifying testing and eornpliance)
C. All fire dampers to be inspected and tested to assure they are in good
working condition. (st�brrtit letter certifying testing and compliance}
D. All mechanical equipzx�ent to be inspected and tested by a Iicensed
qualified company (approved by City prior to inspect�on and testing) to
assure the equipment is in a good, safe operating condition. (submit letter
certi�yang testing and compliance)
E. A�y Iaundry facilities that are to xemain or implemented in the building
are to be inspected and approved by the City prior ta there use.
F. Any kitchen equipment to remain is to be irzspected and approved by the
appropriate governinent agency prior to its use. (City, Fire, or Raxnsey
County Health Departrr�ent)
G. The instal�ation of a fully addressable fire alarm system. This is to incTude
a smoke detection system to be instalIed in all normally unoccupiec�
spaces, including but not limited to mechanical raams, stvrage rooxxas, and
utility tuzanels. Corridors and laundry rooms are atso to have smoke
detection. {City and Fire Dept. to approved plans prior to instalIation.)
H. Smoke detection will also be required in a�l areas of the lower level
(basement) ihroughout. Including fire sprinklered areas.
Ciry of,4rden Hills
City• Council Meeting fortlpnl 14, 2008
IiMetro-inet.uslQrdenkillslPlanrrirrgU'lanning CasesV2(1(181(18-010 Daridson Interim Use Permu (PCflpproa�ed}f041408 - CCRepwt - Davidson
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I. All slee�ing un�ts are to be equipped with a srnoke detection device.
Individua� un�t s�noke detectors, upon alarm, ta send an addressable
noti�cation to a constan�ly monitored, (24-7) in house locaiior�, such as
the eurrent front desk.
l. Security to immediately inspec�Jrespond and afert fire/police as necessary.
K. Northwestern staff/security to have ernergency proeedures reviewed by
Lake Johanna Fire department.
L. Al3 existing sk�afts (�aundry, plumbing, rubbish chutes) are to either be
seated with a two hour rated system or a listed and tested opening device.
M. Pu�l stations are to be installed at all main exit doors and the doors
entering stair enclosures at each floor.
N. Elevator to be inspected and tested per c�arrent state reguia�ions. (subanit
letter eertifying testing arzd compliance)
O_ Installation of a card-cantrolled building access system.
P. 24 hour security personnel along with #wo year round Resadential
Directars, and residential assistants with a ratio no geater than 32 to 1.
Q. AII mechanical equipment and Iife safety devices/equipment, to he
inspected at a minimum, before the beginning of school in the fall. (submit
letter certifying testing and compliance}
R_ Regarding accessibiIity issues, Northwestern College to meet �he needs of
each individual on a case by case basis.
S. A fire departrr�ent Iock box will be installed near main entrance; lock box
shalI contain a minimu� of four sets of keys or key cards for full access to
the building.
T. The building wiIl need to comply with the Minnesota Statute 299F.50 -
Carbon Monoxide Alarms for multi--fami�y dwellings.
U. Currently there is no way to evacuate smoke frorn the second or fourth
�oor of struct►�re, provide a means to evacuate srnoke from t}�ese two
f�oors. Means will be approved by fire department.
V. Both the City and Fire Departrnent to inspect and approve the above items
before occupancy by Northwestem College.
W. This is to be a temporary i�nter�zn use expiring June l s', of 201 I. Any
possible extensions shall require the structure to be fully fire sprinklered
per NFPA.
10. The building occupancy shall not exceed the oecupancy limit as determined by the
B►�ilding Of�cial and Fire Marshal or 3S0 stude:�ts, whichever is less.
1 l. All on-site facilities shall he limited to private use by students and staff of
Northwestern College or others approved by, or with permission from the colIege.
12_ Failure to comply with any of the conditions in this Interim Use Permit or any other
City Codes, including zoning and property maintenance codes, may be grounds for
terminataon of the Interim Use Permit by the City.
Ciry of Ardevr Hills
City Cour�cilMeetingfortlprillq, 2008
11Metro-inet.uslarderrlrillslPlanninglPlannirrg CasesV2008108-010 Dai�iclson Interim Use Aermit (AC Apprared}Y041408 - CC Report - Daridson
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13. Applicant sha�l submit proof o� ownership of the property prior to execUtion of the
Interim Use Permit.
1�. AppIicant shali provide a pedestrian connection at least 6 feet in width from t�e
subject property, across the railroad tracks, to tl�e retail properties located
irnmediately to the no�h.
O �� tions
1. Approve the proposal as submitted.
2. Approve the proposal with condztions.
3. Deny the application with reasons for deniat. If the City denies the petitio�ers request, "...it
must state an writing the reasons for the denial at the time it denies the rec�uest"
4. Table for additional information.
Deadline for A�ency Actians
The City of Arden Hills received the completed appIica#ion far this request on February 22,
2008. Pursuant to Minnesota State Stat�e, the City must act on this request by April 22, 2a08 (60
days), unless the city provic��s the petitioner with written reasons for an additional 60 day review
period. The City may, wit� the consent of the applicanE, extend the review periad beyond the
initial l20 days.
Attachments
A— April 8, 2008, Emai1 from Rob Davidson
Please refer to the March 31, 2408 Council Packet for the follo�ving attachments:
A— Drait P�an�ing Commission Minutes
B— Interim Use Permit Agreement
C— March 5, 2008, Report to the Plar�ning Commission — ht ://www.ci.arden-hills.mn.us
City ofA��den Hills
Ciry Council Meeting,for,4pnl 14, 2008
11Meb-o-inet.uslm•denhills IPlanninglPfnnni�rg CasesY2008108-010 �Daridson Interim Use Pe�mit (PCAppraredJ1041408 - CC /deporl- Daridson
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Attachrnent
April S, 2 0 0 8, E-mail from Rob
Davidson
April 14, 2008, City Council Meeting
Please provide the following to your correspondence to the council.
Pedestrian Conn�ction:
It is our view that the pedestrian connection referenced as item 14 s�ould �o# be a part of the
interim use permit approval,
1. Connections between separate properiy owners should be a kask undertaken by fhe City
(a private developer should not be at the task of constructing public improvements on
someone else's proper#y} in conjuncfion with parks and trail city wide plan
and as a part of the B2 moratorium review
2. As written the condition requires us to come fo agreement with 3 separate property
owners- an autcome which we would not control and if unsuccessful would be graunds
for revoking the interim use permit. Addifionally, there are liability and maintenance
issues and obligations that shauld not be imposed on a private entity.
3. We would recommend- a.) Striking the provision and work ioward a global sol€ation as a
part of the b2 moraforium recommendations.
Rob Da�idson
The Davidson Companies, Inc.
3900 Nor�hwoods Driv
Suite 125
Arden Hifls, MN 55912
'Telephone: 651-481-6290
Mobile: 612-590-7206
Fax: fi51-481-6289
E-mafl: robCcr}davidsoncos.com
www.davidsoncos.com