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HomeMy WebLinkAbout7D PC 08-003 Interim Use Permit�i EN HILLS c��y cou�.��l 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 __.....�...._�......_-- -- -- ____� �ept.: Community Development _._ .. ........ _. . . .. . . ..... ... ........... . .. _ _- -- ----_ .. Council Mtg. Date: 04-14-08 Budgeted Amount: -- - ..........._ ....................................................................... Final Action Needed B: 04-22-08 Actual Amou�t: -- Y _. _ __ 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$, Memo to the City Council, ..; , ��pPnrtmg p;o�urnen�si (attachetl� ;--- - _ . ....................... „ ._... _.._._ _._..._. .......,,.. .. ._.._ --- --.. ..,..,,...., , _._.... X�Memo/Letter: April 14, 2008, Memo to the City Council ., ..... _ _.. . .,,. . _ -- _ _.. _... _ _ --- : Resolution IVo.. - ... . .............. . _._ _..._._ .,,..... --- - - - _ _ . _,_,...,,,,..._._ ,. _.._ _..... .,.... --- , - ---- ; Ordinance No.: --- -- --- ....... _ _._._._. ...,. _...... _ - --- -----_ __..... . _ . ......... .. . ..._ ; ;Engineering Recommendation . . . _... --._._.. _.. - _ ------ --- -- ---_ �....--- Attorney Recommendation: ,._. „ ... ........... .. . _ - - — - . ..,,,....,,._....,. _.._„ .......,., . . ._._,. - A: April 8, 2008, E-mail from Rob Davidson --....... --- ...,.,. „ . , Please refer to tf�e March 3i, 200$ 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 IUA.doc Page l of 9 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 IUP.doc Pa�e 2 of 9 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 IUP.doc Page 3 of 9 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� IUP.doc Page � of 9 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 IUP. doc Page 5 of 9 �. 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 IUP.doc Page 6 of 9 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 IUP.doc Page 7 of 9 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 IUP.doc Page S of 9 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 IU!'.doc Page 9 of 9 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