HomeMy WebLinkAbout7K PC 08-010 Interim Use Permit for 1201 County Road E� EN HILLS
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Agenda Packet Ztem:
March 31, 2008
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EN HILLS
Request for Council Action
Prepared By: Meagan Beekman
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Dept.: Community tie�elopment
Council Mtg. Date: 03-31-D8
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Fr�al Action Needed By: OA-22-08
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Budgeted Amount: --
Actual Amount: --
Funding Source� --
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Counc�l Acf�on Reqere"st ;
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'Motion to Approve Planning Case 08-01Q for an [nterim Use Permit for Temporary Student Hoosing at 1201 County Road E Based on the
Findings of Fact and the Submitted Plans, as Amended by the Fourteen Conditions in the March 31, 2008, IVfemo to the City Council.
Stafi Recommendation
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Approve P[anning Case D8-010 for an Interim Use Permit for Temporary Student liousing at 1201 Gounty Road E Based on the Findings of
', Fact and the Submitted Plans, as Amsnded by tMe Fourteen Conditions in the March 31, 2408, Memo to the City Council_
Fadv#sa Corr�rn�ssian Aetuan
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Pfanning: ',�3-05-08 ,Approvai - . .
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' PTRC:
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Supparting i3acuments- (attacl�ed) _ _
X MemolLetter. March 31, 2008, Memo to the CEty Council
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' Resolution No.:
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-0rdinance No.:
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,Engineer€ng Recommendation:
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Attorreey Recommendation_
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A: Draft Planning Commission minutes
X Ot�er: B: Interim Use Permit Agreemenf
C: Planrting Case Report D8-D'i0 to the Planning Commission.
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�inanc�al lrrtpE€catidl7s .;:
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AdntinistratorlSia�f Commee�ts`;'�� .
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-�iI�DEfN HILLS
MEMORANDUM
DATE: March 3 ] , 2008
TO: Mayor & City Co�tncil
FROM: Meagan Beekman, Planner I
SUBJECT: Planning Case #: OS-0�Q
Davidson Carr�panies
Interin� Use Per.mit
12�] County Road E
Repuest
Approve Planning Case 08-�10 for an Interim Use �'ermi# for Te�nporary Student Housing at
12�1 County Road E Based on the Findings of Fact and the Subrnitted Plans, as Arrzended by the
Fourteen Conditions in the March 31, 2008, Memo to the City CounciL
Back�round
The applicant, to�ether with Northwestern CoIlege, is requesting an Interim Use Pez�it {�UP) to
operate student housing in the B-2 District. The appIicant is proposing to purchase the property
at 1201 County Ro�d E and lease the bui�c��ng to Northwestern Callege to use as student housing
for a period not to exceed three years. The applicant is requesting an IUP that would begin in
May 2008 and expire at the end of May 20l 1. During that time, Northwestern College plans to
const�ct on-campus student housing that would meet their housing needs. S�udent housing is
defned as "lnstitutional Housing" in the City's Zoning Code.
Presently, the Zoning Code docs not provide for an Interim Use Permit process, nor is
Ir�stitutional Housing identified as an interim use in the B-2 District. In order to accorr�modate
their request, the applicant has also submitted a proposal to add the Interim Use Permit process
to the zoning eode, and add institutional housing as an interim use in the B-2 Disfrict (PIanning
Case Q8-009). This �UP is contingent on the City Council's approva� of those proposed zoning
code changes.
The applicant is not proposing any exterior modifications to the building, other than routine
maintenance and repair that may be needed over the three year period. Because there are zao
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changes proposed to the exterior of the bui3ding, the current buiIding moratorium in the B-2
District does not impact this request.
ln order to accornmodate parking and traff c de�nand on the site, Northwestem College is
propasing to pravtde daily shuttle sen�ice between the property and the campus based on class
and chapel schedules. ln addition, Northweste�-n College would not permit students living on the
property to drive to or park on carr�pus during t�e regular school day. Students wouId be
required to take the shuttle service.
The applicant has submitted a letter out�i��ing the reasons for the request and describing the
arrangement with Northwestern College, including proposed security measures, occupancy, and
rnaintenance of the building {Attachment C). If this application is approved, the proposal along
with any conditions required by the City wauld be included in an af�cial �nterim Use Permit
Agreement tha�t would be prepared by the City Attorney. The ]UP would be a legally
enfaz-ceab�e doc�ment.
Pedestrian Connection
At their meeting, the Piannin� Co�nzraission daxected Staffto loak into the feasibi�ity ofrequi�ing
the applicant to provide a pedestrian connection between the subject properiy and the retail
properties located to the North. Currenily, there is no pedestrian connection on the Arder� Hills
side of Lexingion Avenue over ihe railroad tracks to the North. The Planning Commission
expressed concern that students wouJd �ikely want to access the retai� 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 ]ack of a pedestrian connec#ion poses a public sa%ty risk fprbo�h students
and automobi�e traffic traveling along Lexington Avenue and across the railroad tracks.
Staff contacted botl� Ramsey County and the C�' Razlroad, who owns the tracks. Both have
indicated their support of the project and willingness to mave forward on a temporary or
pertnanent pedestrian pathway. CF Railraad acknowledges the safety hazard and encourages the
use of a pec�estrian walkway at that location.
In response to �his finding, Staff has �ncluded a condition of approval sequiring the applicant to
constrtzct a pedestriar� walkway, provided a�l impacted property owners agree to tne
i�nprovement The applicant is aware of this condition.
�'inai�€�s of Fact
The Planning Commission offers the following findings of fact for the City Couneil's
consideration:
General Findings:
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1. Tf the proposed zoning code changes in Planning Case 08-009 are appraved, institutional
housing would be an interim use in the B-2 Distric�.
2. The use is not anticipated to adversely impact nearby properties thraugh nuisance, noise,
dust, glare, or unsightliness, and will not othe�+ise adversely impact the healtl�, sa�ety,
and welfare of the communzty because the use is temporary and is Iocated in a
coznn:�ercial district.
3. The use will zncrease parking and trafiic on the site compared to the most recent hotel-
mofel use. This is proposed to be �nitigated by the shuttle ser�vice provided by
Northwestern College and parking regulations enforced by the City.
4. The use is not anticipated to impact the comprehensive plan or future use for the site.
5. The term of the interim use will not exceed three years. The Interim Use Permit would
te�-minate on May 31, 2011.
6. An interim use agreement will be required prior to occupancy.
7. The project is subject to a fnancial surety to cover the cost of removing the interim use
and any interim structures upon expiration of the interim use permit
8. '�here are no delinquent property taxes, special assessments, interest, or City utility fees
due upon the subject parcel;
9. The property has noi been the recipient of a previous Interirra Use Perinit.
On the Proposed Special RequiNements for .Interim Uses in the B-2 DistYict:
1Q. The proposed plan confarms with Section 1355.04 Subd 7 of the Zoning Code
11. The building to be used will be upgraded to meet all applicable building ar�d fire codes.
12. Each room will have its ovvn bathroom
13. The capacity of the building will not be exceeded
14. The institutional housing will be for stude�t housing only.
15. A z-egularly scheduled shuttle will be provided io a�d from the college
Recommendation
The Planning Commission reviewed Planning Case 08-010 and unanimously reco�mends
approval (6-0) of the Interim Use Permit based on the findings of fact and the submitted plaa�s as
arnended by the following �outeen conditions:
1. The project shall be cornpleted 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, shail require review and approval by the Planning Commission and
City Council.
2. The property owner shall submit a fnancial surety in the amo�nt of $5,000. The
surety shall be in a form suitable to the City Attorney.
3. An Interim Use Permit agreement, drafted by the City Attorney, shall require City
Council approval and shall be signed by the property owner prior to tne issuance of
the occupancy germit.
4. The Interim Use Perixiat shall begin on May 31, 2008, and snall expire on May 33,
201 l.
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5. Northwestern College shal� submit a shuttle schedule to the City and s�bmit, in
writing, any changes to the schedule while the interirn use permit is in effect_ If
Northwesterr� College stops che shuttle service dur�ng the regular schoo� year, the
interirr� use pernr�it rraay be terminated by the City.
6_ Northweste�-ra College shal{ provide an update in December of each year to t�e City
Council on ihe status of the new dormitory that is to be built on the Northwestern
ColIege Campus.
7. AIl parking demand shall be accammodated on-site.
8. The outbuildir�g on the northwest carner af the property shall be removed �r�or to the
issuance of the 4ccupancy Permit.
9. The property awner si�all comply with the Building Official and Fire Marshal
conditions listed in their memo dated February 22, 2008, unless alternati�e solutians
can be found, subject to approval of the Building �fficial and Fire MarshaI, prior to
the issuanc� oian occupancy pennit. These conditions are as follows:
A. All currez�t li% safety measures, both active and passive io be fi�lly
operational as originaily insta�ied. This includes but not Iimited to, all
penetrations and or alterations to existing fire ratings of wal}s, corridors,
and floar systems. They are to be inspected and repaired to t�ere ariginal
condition.
B. AII corridor doors to have a minimu�n of a one hour fire rating, and are
self closing as originally installed. All doors to be inspected and repaired
as needed. (submit letter certifying testing and compliance}
C. AI� fire dampers to be inspected and tested ta assure they are in good
working condition. (submit letter certifying testzng and compliance)
D. All mechanical equipment to be inspected and tested by a licensed
quali�ed company {approved by City prior to inspection and testing) to
assure the eq�ipment is in a�ood, safe operating co�dition. (subrnit letter
certifying testing and compliance)
E. Any laundry facilities that ar� to rernain o�- impleme��ted in the building
are to be inspected and approved by the Ctty prior to there �se.
F. Any kitchen equipment Po remain is to be inspected and approved by the
appropriate government agency prior to its use. (City, Fire, or Ramsey
County Health Department)
G. The instaIlation of a ft�lly addressabie fire alarrn system. This is to znclude
a smoke detection systern to he it�stalled in alI normally unoccupied
spaces, i�cluding but not li�nited to mechanical raoms, storage rooms, and
utility tunnels. Corridors and Iaundry roams are also to have smoke
detection_ (City and �'ire Dept. to approved ptans prior to insta�lation.)
H. Smoke detection will also be required in all areas of the iower �e�el
(basement) througl�out_ Including �re sprinklered areas.
I_ Al] sleeping units are to be equipped with a smo�e detection c�evice.
individuai unit smoke detectors, upon a�arm, to send an addressable
notification to a constantly rnonitored, (24-7) in house location, such as
the current front desk_
J. Security to immediately inspect/respond and alert fire/poliee as necessary.
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K. Nortkawestern staff/security to have emergency procedures reviewed by
Lake Johanna Fire department.
L. AIl existing shafts (laundry, piumbing, rUbbish chutes) are to either be
sealed with a two hour rated syste�n or a listed and tested opening device.
M. PulI statia�s are to be installed at all main exit doors anc� the doors
enteri�g stair enc�osures af each floor.
N. Elevator to be inspected and tested per current state regulations. (submit
letter certifying testing and compliance}
O. Installation of a eard-controlled building access system.
P. 24 hour sec�rity personnel a3ong wit� two year round Residential
Directors, and residea�tial assistants with a ratio no greater than 32 to ].
Q_ All mechanical equipment and life safety devices/equip�nent, to be
inspected at a minimum, before the beginning of school in the fall. (submit
letter certifying testing and compliance)
R. Regarding accessibility issues, Nart�Zwestern College to meet the needs of
each izadividual on a case by case basis.
S_ A fire department �ock box will �e installed near �nain entrance, �ock box
shall contain a minimum of four sets of keys ar key cards for full access to
the building.
T_ The building will need to co�ply with the Minnesota Statute 299F.50 -
Carbon Monoxide Alarrr�s for multi-family dwetlings.
U. Currently there is no way to evacuate smoke from the second or faurth
flaor of structure, provide a means to evacuate smoke from these two
flaors. Means will be approved by �re department.
V. Botn the City and Fire Depariment to inspect and approve the above items
before occ�pancy by Northwestern College.
W. This is to be a temporary interim use expiring June 1 st, of 201 ]. Any
possible extensions sha11 require th� sirueture to be fully f�re spriz�lclered
per NFPA.
l0. The b�ilding occupancy shall not exceed the occ�pancy �imit as determined by the
Building O�ficial and Fire Marshal or 350 students, whichever is less.
11. All on-site faciIities shall be limited to private ttse by studen�ts and staff of
Northwestern College or others approved by, or with permission from the coliege.
12. FaiIu�-e to comp�y with any of the conditions in this Interi�n Use Permit or any other
City Codes, including zoning and property maintenance codes, may be grounds for
termination of the Interim Use Permit by fhe City.
13. Agplicant shall submit proof of ownership of the property pr�or to execution of the
Interim Use Permit.
14_ Applican� shaIl provide a pedestr�an connection at least 6 feet in widt� from the
subject property, across �he railroad tracks, to the retai] properties locatec3
immediately to the north.
Options
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1. Approve the propasaI as submitted.
2. Apprave the proposal with conciitions.
3. De�y the appSication wzth reasons for de�ial. If the City denies the petitianers request, "...it
must state in writing the reasons for the denial at the time it denies the reyuest."
4. Table for additiona( information_ —
Deadline for A�encv Actio�s
The City of Arden Hills received the completed application for this requesk on February 22,
2008. Pursuant to Minnesota State Statue, ihe City must act on this request hy April 22, 2008 (60
days;, un�ess the city provides the petitioner with written reasons for an additional 60 day re�iew
period. The City may, wrth �he consent of the applicant, extend t�e review period beyond the
initial l 20 days.
Attachments
A— Draft Planning Commission Mi��utes
B— Inte�izaa Use Pez-�nit Agreement
C— March 5, 2008, Regort to the �']anning Commission — ht�p://www_ci.arden-hills.mn.us
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Attachment
Draft Planning �omm�ssion
Meeting Minutes
From March 5, 2008
March 31, 2008, City Council Mee�ing
March 5, 2008, Planning Commission Meeting
DRAFT Meeting Minutes
PLANNING CASE # OS-4�0 —1NTERIM USE PERMIT; DAVIDS_O__N
COMPANIES 1201 COUNTY ROAD E- PUSLIC HEARING
Ms_ Beekrnan reported that the applicant submitted an Interim Use Permit (IUD)
to alIow operation of student dormitories at the property located at 1201 Coun�y
Road E, the former Holiday Ir�n site, for a period not to exceed three years. This
application is contingent upon approval of Ptanning Case #08-049. She then
provided background infoa-rraation and said Staff recomrr�ends approval for an
Interim Use Permit at 1201 County Road E subject to the following thirteen
conditzon:s.
�. The project shall be campleted in accordance with the plans subtt�itted as
amended by the canditions of approval. Any sigr,ificant changes to these
plans, as determined by the City I'lanner, shaIl require review and approval by
the Planning Commission and City Council.
2. The property owner shall submit a financial surety in the amouni af $5,000.
The st�rety shaIl be in a form suitable to the City Attorney.
3. An Interira Use �ermit agreement, �rafted by the City Attarney, shall require
City Council approvaI and shall be signed by the property owner priar to the
issuance of the occupancy penixait.
4. The Interirn Use Pe�-mit shall begin on May 31, 2008, and shall expire on May
31, 2011.
5. Narthwestern College shall subm:it a shuttle schedule to the City and subrnit,
in writing, any changes to the scl�edule while the interim use perrnit is in
effect. If Northwestern College stops the shuttle service during the reguiar
school year, the interim use permit may be terminated by �IIe Ci�y.
6. Northwestern ColIege shall provide an update in December af each year to the
City Council on the sta�us ai the new dormitary that is to be built on the
Northwestern College Campus.
7. AlI parking demand shall be accorramodated an-site.
S. The outbuilding on the northwest corner of the property shall be removed
prior to the issuance of the Occupancy Permit.
9. The }�roperty owner shal] comply with the Building Official and Fire Marsha�
cond�tions listed in their memo dated February 22, 2008, prior to the issuance
of a.n occupancy permit. These conditions are as follows:
A. Al} eurrent life safety measures, both active and passive to be fully
operational as originally installed. This includes but not limited to, all
penetrations and or alterations to existing fire ratings of vaalls,
corridors, and floar systems. They are to be inspected and repaired to
their original condition.
B. All corridor doors to have a minimum of a one hour f re rating, and are
sE1f closing as oxigina�ly installed. All doors to be inspected and
repaired as needed. (submit letter certifying testing and compliance)
C. All �re dampers to be inspected and tested to assure they are in good
working condition. (s�bmit letter certifying testing and compliance)
D. All mechanieal eq�ipment to be inspected a�d �ested by a�icensed
qualified co:tnpany {approved by City prior to inspection and testing)
to assure the equipment is in a good,.safe operating condition. {submit
letter cert��ying testi�g and compliance)
E. Any laundry facilities that are to remain or be implemented in the
buitding are to be inspected ar�d approved hy tlae City prior to their
use.
�. Any kztchen ec�uipment to remain is to be inspected and approved by
the appropriate government agency prior to its use. (C�ty, Fire, or
Ramsey County Health Departme��t}
G. The installation of a fully addressabie �re aIarm syst�m. This is to
inc�ude a sznoke detectian systern to be installed in all normatIy
unoceupied spaces, including but nat limited to rr�echanical roams,
storage rooms, and utility tunneIs. Corridors and laundry rooms are
alsa to have smoke detection. (City and Fzre Dept. to approve plans
priar to instal�ation.)
H. Smoke detection wi11 also be required in all areas of the 3ower level
(basement) throUghout inc3uding fre sprinklered areas_
I. All sleeping units are to be equipped with a smoke detection device.
Individ�al unit smake detectors, upon alar�n, to send an addressable
noti�cation to a constantly monitored, (24-7) in house locafion, such
as the current front desk.
3. Security to irnmediately inspectirespond and alert fire/police as
necessary.
K. Northwestern staff/security to have emergency procedures reviewed
hy Lake �ohanna Fire department.
L. Al� existing shafts (�aundry, plumbing, rubbish chutes) are to either be
sealed with a two hour rated system or a listed and tested opezaiz�g
device.
M. Pull stations are to he instal�ed at all main exit doors and the doors
entering stair enclosures at each floor.
N_ Elevator to be inspected and tested per cur�-ent stated reg�lations.
(submit letter certifying testing and complianee)
�. Installation of a card-contralled building access system.
__ . __ _ _ __ _ _ _
P. 24 hour security persannel alang with two year round Residential
Directors, and residential assistants with a ratio no greater than 31 to l.
Q. AIl rnechanica] equrpment and life safety devices/equipment, to be
inspected a# a rninimum, before the beginning of school zn the fall. —
(submit letter certifying testing and compliance}
R. Regarding accessibility issues, Northwestern Col�ege to rr�eet the
needs of eaeh individual on a case by case basis.
S. A ftre department lock box will be insta�led near main entrance; lock
box shall contain a mini�raurn of four sets of keys or key cards for full
access to the buiiding.
T. The build�ng will need to comply with tl�e Minnesota Statute 299F.50-
Carbon Monoxide Alarms for multi-family dwellings. -
U. C�rrentty there is no way to evacuate smoke from the second or fourth
floor of struc�ttre, provide a means to evacuate smoke from t�ese two =
floors. Means will be approved by Fire Department.
V. Both the City and Fire Department to inspect and approve the abo�e
items before oceupancy by Nortnwestern Co}Iege.
W. T�is is to be a temporary interim use expiring June 15`, af 201 l. Any
possible extensions shaIl require the structure to be fully frre -
sp�znlclered per NFPA.
1 Q. The building oecupaney shall not exceed t�e occugancy Iimit as determined
by the Buitding Official and Fire Marshal or 350 students, whichever is less.
11. The on-site food service fac�lities shall be limited to use by stucients and staff
of Northwestern College.
I2. Failure to cornply with any of the conditions in this Interirn Use Permit or any
other City Codes, including zoning and property maintenance codes, may be
graunds far termination of the Interim Use Permit by the City.
13. Applicant shall s�zbmit groof of ownership of the property prior to execution
of the Interim Use �ermit.
Chair Larson inquired if there is a proposal for using the additional faciIities on
the site.
Rob Davidson, Davidson Companies, stated they are exci�ed about this
opportunity. He stated the othEr portians of the building will be used excIusively
for the callege.
Ckzair Larson inquixed if there will be food service for the dormitory. Mr.
Davidson statec� there will be and it wil] be exelusively for the college.
Chair Larson stated he would like a condition that states that those areas be used
exeI�sively for �he college, but not necessarily for the exclusive use of the
students in the dormitory.
Ms. Beekman stated that condition l l addresses the on-site food facilities and
could be ame�ded to include the other on-site faeilities.
Cl�air Larson opened the flooz- to Coxnmission questio�s.
Commissioner Madesette inquired about the removal of the outbui�ding on the
northwestern corner. Ms. Beekman statec3 it is a shed and the Building Official
lias deemed it unsafe.
`Commissioner Modesette inyuired about the sprinkling in the b�ilding. Mr.
Davidson stated the areas that aren't private rooms are sprinkled.
Commissioner Modesette clarified that the sprinkling �uould occur before the
residents wo�ld move an. Mr. Davidson stated that it wou�d.
Com�nissioner Modese#�e inquired about a requirefnent for UL listing and
reporting and fre ala�ms. She stated tliat the alarms would be monitored by the
24 hour seeurity_ She inquired about the process in the event that the alarrs�s
would need to be used_
Mr. Hump�ries stated that t�tey plan to have 2� hour security, 2 resident directors,
and RAs. He stated the staff wouId be able to radio security that would be able to
responc�.
Commissianer Modesette inquired about the on-going maintenance af life safety
deviees. Mr. Davidson stated it wauld depend on the specific items.
Commissioner Modesette inquired about the e�acuation of smoke frorn the second
floor. Mr. Davidson stated that they wil� be meeting with the Fire Marshal and
wiIt discuss this item further. He stated at this point they are unclear on how to
address it.
Commissioner Sand inc�uired if tl�ere was a condition for the City Attarney to
review the lease agreement between the owner and the college. He stated he
thizaks the lease agreerr�ent should include the conditions_ Ms. Beekxnan stated an
interim use pern�it would be c3rafted by the City Attorney that would Iist all of the
condi#ions. She stated the interim use pern-tit would be an ageement between the
property owner and the City.
Commissioner Sand inquired if there will he a lease agreement that is separate
from �he pro}�erty agreeme�t. Mr_ Davidson stated that they will be separate.
Cozzzznissioner Sand sta#ed a property owner wauld want the occupants to comply
with the lease agreement. Mr. Davidson stated that he would prefer not to l�ave
the lease agreement as part of the public record.
Commissioner Sand stated that the lease agreement could refer to the property
agreement. H� inquired about the practicality of students only in the food service
aa-ea due to potential gezests_
Mr. Lehnhaff stated tl�at the lang�age could anclude guests.
Doug Schroeder, Chief Financial Of�cer, stated that the college's rules of conduct
require the approva] of guests by the college. He stated he thought the pz-evious
language would have incl�xded the gttests.
Commissio�er Sand stated he was cancerned abaut the City's responsibiIity for
the use if it is only by students and staff.
Claair Larson stated the language could be changed to sta�e: "The faciiities would
be ]imited to the use by Northwesterta College" instead of stating students and
staf£
Commissioner Hoiewa stated that he thinks the College needs to be responsible
for what happens at their facilities.
Commissioner Stodola stated that there are apartment buildings that are ofF
campus and noted that there are procedures for those.
Chair Larson stated Staff could address the language for conditian l I prior to
approval by t�Ze Council.
Comm�ssioner Sand suggested the �anguage for condition 11 to state: "The
faeiIities sha11 be limited to use by students and staff of Northwestern Ca�lege or
others approved by or having permission from the College."
Commissioner Modesette inquired if that would allow the college to rent out the
ineeting rooms. Chair Larsoza stated tnat he thinks they have made it clear that the
facility is not for puhlic use and the language suggested hy Commissioner Sand
would be adequate.
Cornrnissioner Holewa inquired if the food facility wouId mainly be used by the
resic�ents in that dormitory. Mr. Schroeder stated that they are stilI discussing the
food service. He stated t�e current eoncept is a lirnited food service with the main
dining hali on campus. He stated that if they �rould have something it zraay he
more of a grill.
Commissioner Holewa stated that his concern is that traffic wouic� come to the
facility just for food.
Commissioner Sanc� inc�uired about the location of the trash. Mr. Davidson stated
that he thinks it is directly behind the building.
Comrr�issioner Holewa inquired �f the blacktop would need to be repaired in the
next three years. Mr. Davidson stated that he is unsure because o�the snow, but
his recollection is that it would be okay.
Commissioner Holewa inquired about blacktopping if there would be a need
during the moratorium. Ms. Beekman stated #hat it would not be impacted by a
moratorium.
Commissioner Holewa inquired about comments frorn residents. Ms. Beekman
stated that there haven't been any comznents from residents or businesses.
Commissioner Holewa inquired abavt a sign advertising a business_
Commissioner Stodola stated she likes the idea of the use foz- the pz-operty, but her
concern is the lack of a safe way ta walk to nearby businesses. She suggested a
walkway.
Chair Larson stated there is a sidewalk on the othez- side of �exington, but he
doesn't think it is usable.
Mr. Davic�son stated that it is on praperty that he doesn'� own.
Ms. Beek�nan stated that it is property owneci by Rar�sey County and they
wouldn't be opposed to the Ci#y or Yhe property owner constructing a walkway.
Chair Larson stated that he tl�inks the issue would be the railway.
Ms_ Beekman stated the railway is p�ivateIy owned and permission would need to
be granEed.
Coxrzmissioner Sand stated that college could make it clear that the existing
sidewaIks on Lexingtan are ta be used.
Chair Larsan stated that �taff could investigate the feasibility of a sidewalk prior
to it going to Couneil.
M�-_ Lehnhoff stated that there is an ad �oc waTkway that has been created and
Staff coulc� check into the feasibility af placing a sidewalk there. He stated they
couldn't require it frorn the college.
Chair Larson direeted 5taffto look into the feasibility afthe sidewalk.
Chazr Larson apened ihe pub�ic hearing at 8:15 p.m_
Chair Larson invited anyone for or against the appiication to come forward a�d
make comment.
Chair Larsan closed the public hearing at 8:16 p.m.
Colnmissioner Sand inyuired if there are signs an the building from when it was
previous�y a hotel/restaurant.
Chair Larson inquired if signage wouId be covered during the maratorium. Mr.
Lehnhoff stated additional signage beyond what exists couldra't be added. He
stated #hat �hey wouId have use of the signage area that is currently there.
Ms. Seek�nan stated that signage could be removed.
Mr. Davidson stated there is a pylon sign that has removed the sig� for Holiday
Znn, but they would expect to have a Northwestern College sign in its place_
Commissioner 5todola stated that there was a planter that was well maintained by
the hotel. She suggested that as a student project it be planted and maintained.
Mr. Schroeder stated the college is com�nitted to maintaining the grass and
pl antings.
Comrnissioner Holewa moved, seconded by Cornmissioner Sand, to recommend
approv�l of Planning Case 08-0 i 0 for an Interim Use Permit at I201 County Road
E based on the finc�ings of fact and the submitted plans, subject €o the thirteen
canc�itions as listed in staff's March S, 2008 report.
Commissioner Sand recammended a friendly a�ne�dment. He stated they
discussed sorne language for eondition 11 and wou�d like tanguage that is
acceptable to the City Attorr3ey and Staff prior to s�bmission to the Council.
Commissioner Halewa accepted the friendly amendment.
Ms. Beekman stated that Condition 9 was also modified.
The motion carried ►�nanimously (b-0}.
This Planning Case will be reviewed at the Monday, March 31, 2008, City
Council meeting.
Attachment
Inter�m Use Perm�t Agreement
March 3l, 20Q8, City Counc�l Meeting
INTERIM E15E AGREEM�NT/PERMIT
CfTY O� ARDEN HILLS
DAVIdSQN COMPANIES, 1NC.
PC #08-014
1.0 Parties. This Interim Use Agreement/Perm�t is dated the 315� day of
March, 2408 and is issued by the C�ty af Arden H�lls, a Minnesota statutory
crty (the "C�ty"}, to the David�on Companies, Inc., a Minnesota
corporation ("Davidson"), far use af the property, as herein described,
for institutianal housin� by Northwestern Colie�e, a Mir�nesota corparation
{"Northwestern Callege").
2.4 Property. This fnterirr� fJse Agreement/Permit applies to the followin�
property which is owned by Arden Hills DS, LLC ("Owner") artd situated i�
Ramsey County, Minnesota to-wit:
All that part of the South �/Z of the SoutF�east '/Q af the Southeast '/ ,
Section 27, Township 30, Range 23, lying betweer� the Northerty ri�ht of
way limits of U_S. Highway Na. 1Q, artd the 5outherly right of way limits of
the MinneapoEis, St. Pau! and Sault Ste. Marie Railroads, and the Westerly
r�ght of way limits af Lexin�ton Avenue and Easterly af the West 250 feet
af said Southeast'/a o� the 5outheast'/a of Section 27, Township 34, �ange
23, accorc�in� to t�e pEat thereaf on fite or of record fn tf�e affice of
County Kecorder, RamSey County, Minnesota {"Property"}.
3.0 Aqqli�ation. On �ebruary 15, 2008, in ar�ticipation af the adap�ion of
interim use re�ulations, Davidson st�bmitted an application far the interim
use of the Property for institutional housing {"Apptication").
4.0 Review_ On Mar�h 5, 2008, after reviewing the reports and p�-eser�tat�on
of the City staff, the City �ansultants, and Davidson, the Arden Hills
Plannir►� Commission recamrr�ended approval of the Interim Use Perrnit
subject to certain conditions.
5.4 App€-oval. On Ma�ch 31, 2408, after reviewin� the reports, comrr�ents artd
recomrtZendations o€ the City staff, the City consultants, the City Plannin�
Cornmission, and Davidson; and after first adopting the Interim t�se
Re�ulatians far tF�e City of Arden Hills; �he Arden Fiilts Ciiy Council
appraved an Int�rim U5e Permit for the Property to be used as studeni ar
faculty housin� subject to the fo[lowin� concEitions:
1. The remode[in�/restoration praject sha[[ be completed in
accor�ar�ce with the plans submittetf as amended by the conditions
of approvaE. Any si�nificant chan�es to these pCans, as determined
by tf�e C�ty Planner, shail require re�iew and appraval by the
Planning Commission and City Counc�l.
2. Davidson, Northwestern Colle�e, and/or Owner shall submit a
financial surety in the amount of $5,OQU. The su�-ety shall be in a
form s�itabfe ta the City Attorney.
3. The Interirrt llse Perrnit sf�a�[ �e effect�ve on the date fo[low�n� the
publication o� Ordir�ance NoS.: 2008-OOQ3 and 2Q08-OOD4 and shatl
expire on May 31, 2011.
4. NQftIIWESt2€'fk Coltege shall subrnit a shuttle schedule to tf�e City
and submit, in writing, any changes to the schedule while the
Interim Use Perrn�t is in effect. If Northwester�t Cotte�e stops the
shuttle service durin� the regu[ar s�hoal year, the lnterim Use
Perrni� may be t�rminated by the City.
5. Narthwestern Colie�e shall provide an upcfate in December af each
year to the City Council on the status of the new dormitory tha� is
to be built on the Northwestern Coltege Carnp�s.
b. Ali parking demand sf�all be accomrnodated on-site.
7. The o�atbuitdin� an the narthwest corr�er of the Property shail be
removed prior ta the issuance of the Occupancy Permit.
8. Davidson, Northwestern College and Owner shall comply with the
following cond�tions unless alternative sol�tta�s are approved in '
writin� by both the Fire Marshall and Building OfficiaE, and in either
case, the conditions shatl be satisfied prior t0 �CCU�df�Cy of the
b�aitding for instit�atianal housing: '
A. All current [ife sa�fety measures, both active and passive to ,
be fu[ly operationa[ as ori�inally insta�led. Th�s ir�eEudes but
not lirnitecf to, all penetrations and/ar alterations to existin�
fire ratings of waEls, corridors, and ffoor systems. They are
to be inspected and repaired to their original condition.
B. All corridor doars to have a minimum of one hour fire ratin�,
and are setf closin� as ori�inatly installed. All doors to be
inspected and repa�red as needed. (submit Eetter certifyin�
test�n� and camptia�ce)
C. Ali fire dampers to be inspected and tested to assu�e tf�ey
are in good working conciition. {submit letter certifying
testin� and cornpliance)
2
D. All mechanical equipment to be inspected and tested by a
licensed qualified company (approved by City prior io
inspection and testing} ta assure the equipment is �n a
goocf, safe operatir�g cvndition. (submit letter
certifying testing and compliance)
�. Any laundry facilities that are to remain flr implemented in
the buildir�� are to be inspected and approved by the City
prior to there use.
F. Any kitcher� equipment to remain is to be inspected and
approved by the appropriate �avernment a�ency prior to its
use. (City, Fire, or Ramsey County Health De�artment)
G. The instal[atio� o# a fu[ly addressab[e fire a[arm system.
This is to inc[ude a smoke detection systern to be installed in
all normally unoccupied spaces, including bu� not limited to
mecf�anicaE roorris, storage raorns, and utility tunnels.
Corridors and Eaundry rooms are also to have smoke
detectian.
H. A smoke detection system will also be required in all areas
af the tower level {basement) tl�rot��hout, in�luding, fire
sprinklered areas.
All sleepin� units are to be equipped with a smoke detection
device. lndiv�dual unit smoke detectors, �pon alarm, are to
send an adcEressable notification to a constantly monitored,
(24-7) in house location, such as the current front desk.
J. Northwestern College stafffsec�r�ty persannel shall be
avai[able to immediately inspect/respond and alert
fire/police as necessary in ca5es of emer�ency.
K. Northwestern Colle�e staff/security personnel s�all have
emer�ency procedures rev�ewed by the Lake Johanna Fire
Department priar to occupancy of �he buildin�.
L. All existin� shafts (taundry, plumbing, rubbish chutes) are to
either be seatecf with a two hour rated �ystem or a listed and
t�sted ope�ting device.
f�
N
Pull statians are to be installed at all main exit doors and
the doars entering stair enc�osures at each f[ovr.
E[evator �o be inspected and tested per c�rrent state
reguEations. (submit letter certifying testin� and compEiance)
3
0. lnstal[ation of a card-controlled building access system.
P. Northwestern Colle�e s�at[ provic�e 24 hour security
persortnel alon� with two, year round-Residential D�rec�ors;
and residential assistants for each 32 occupants.
Q. Ail mec�anical equipment and [ife safety
devices/equipment, to be inspected at a minimum, befare
t�e beginnin� of school in the falL (submii letter certifying
testing and cornptiance)
R. Northwestern College shall meet the needs of ir�dividuals
having special buildir�g acces5ibility requirements, on a case
by case basis.
S. A fire c�epartment [ock box will be i�stalled near mair�
entrance; lock box shalt contain a minimum of four sets of
keys or key card5 for full access to the buitding.
T. The building wiil �eed ta compty with the M�nnesota Statute
299F.50 - Carbon Monoxide Alarrris for multi-family
dwellings.
U. Davidson and Northwestern College sha[[ pravid� a rnethod
for evacuatian af smoke from the second ar�d fourth �loors of
the �uiLdi��.
9. The builc�ing occ�pancy shall nat exceed the accupa�cy [imit as
determir�ed by the Bui�ding Officia! and Fire MarShal or 354
s�.�dents, w�ichever is less.
10. All on-site facitities shal� be lirnited to use by students and staff of
Northwestern Coite�e and iheir �uests and business invitees
provided khat no other �roups may use the site w�ihout permission
from Nor-thwestern Colle�e.
11. Failure to comply with a�y af the conditions in this [nteri�n Use
Permit or any other City Codes, inc�t�ding zoning and property
maintenance codes, may be �rounds far termination of the fnterim
Use Perrnit by the City.
12. A�plicant shal! submit proof of ownership of the P�operty prior to
execution of t�e lnterim Use Agreernent/Permit.
13. Subject to approval by Ramsey County, Canadian Pacific Raifway,
the owner(s) of other impactee! properties, and Rrior to the
issuance of occupancy permits, Davidson, at its sole cost, shalt
build, eanstruct and maintain a pedes�rian pathway, at Eeast six (6)
�
feet in width, that connects the Property, over the Canadiar�
Pacific Railway track�, to ti�e retail praperties Cocated immediately
to the north.
5
The parties acknowledge and agree to the terms of this interim EJse
AgreementlPermit.
CITY OF ARDEN HILLS,
a Minnesota statutory city
Stan[ey D. Harpstead,
MAYOR
ATTEST:
James Willis, Interim Ci�y Adminis�rator
STAT� OF MfNNE50TA )
) ss.
COUNTY O� )
On tF�is day of , 2008, before me, a notary public
witf�in and for said county, personally appeared Stan Harpstead and .�ames
Willis, to me k�own to be respectively the Mayor and City Administrator of the
City of Arden Hills, and they executed the fore�oin� ins�rumen� and
acknowledged that they executed the same by aut�arity of and or� behalf of the
City of Arden Hifls.
Notary Publ�c
�
DAVIDSON COMPANIES, INC.
�
Printed Name:
Title:
STAT� OF MINNfSOTA )
} 5S.
COVi�Ti �F j
On th�s day of , 2008, before m�, a notary pubEic
within and for said county, persanally appeared
, the of Davidson
Campanies, Inc., a Mirr�esota corporation, on behalf of the corporation.
Natary Public
7
NORTHWESTERN COLLEGE, a Minr�e5ota
corporation
By:
Frir�ted Name:
Title:
STAT� OF MINNESOTA )
) ss.
COUNTY OF )
4n this day of , 2�08, before me, a notary public
within and for said co�nty, personally appeared
, the of
Northwestern Colle�e, a Mir�nesota corporatio�, on behalf of the corporation.
Notary Pubiic
�
_ __ _ _
_ ___ __ _ . ....... ... ...
ARDEN HILLS DS, LLC, a Minnesota
limited liability corr�pany
BY=
Printed Name:
T�tle:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
On this day of _
within ar�d for
, 2008, before rne, a notary pubtic
said cou�tty, personally appeared
_, th�e of Arden Hills
QS, a M�nnesota limited tiability company, on behalf of t�e company.
E�otary Public
F.lusersUessicalJerrylArden Hi[IstDavidson - Interim €Jse A�reement.v5.doc
0
_ _
__ _ _
Attachment
Report to the
Planning Commission
From March 5, 2ooSe
Availab�e online at:
httn_f /wrvw.ci.arden-hills.mn.us�planningcases
March 31, 2008, City Council Meeting